Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations 31837

planning time, or time necessitated by

other administrative actions.

Regulatory Impact

The regulations adopted herein will

not have a substantial direct effect on

the States, on the relationship between

the national Government and the States,

or on the distribution of power and

responsibilities among the various

levels of government. Therefore, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from the Rules

Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

2001–12–03 Boeing: Amendment 39–12258.

Docket 2000–NM–268–AD.

Applicability: Model 767–300 series

airplanes, as listed in Boeing Alert Service

Bulletin 767–33A0085, Revision 2, dated

December 7, 2000, certificated in any

category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (b) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent damage to the wires in certain

wire bundles due to contact between the

bundles and the adjacent ceiling support

bracket, which could result in electrical

arcing, smoke, or fire in the cabin, and failure

of certain systems essential to safe flight and

landing of the airplane, accomplish the

following:

One-Time Inspection/Corrective Actions

(a) Accomplish the requirements in

paragraphs (a)(1) and (a)(2) of this AD, as

applicable, at the times specified.

(1) Within 6 months after the effective date

of this AD: Do a one-time general visual

inspection to find chafing and determine

adequate clearance of the wire bundles above

the F4/G2 galley, per Figure 1 or Figure 3, as

applicable, of the Accomplishment

Instructions of Boeing Alert Service Bulletin

767–33A0085, Revision 2, dated December 7,

2000.

Note 2: For the purposes of this AD, a

general visual inspection is defined as: ‘‘A

visual examination of an interior or exterior

area, installation, or assembly to find obvious

damage, failure, or irregularity. This level of

inspection is made under normally available

lighting conditions such as daylight, hangar

lighting, flashlight, or drop-light and may

require removal or opening of access panels

or doors. Stands, ladders, or platforms may

be required to gain proximity to the area

being checked.’’

(2) If chafing and/or inadequate clearance

is found: Before further flight, repair or

replace damaged wires in the wire bundles;

install a bracket assembly on the wire bundle

support bracket; install nut spacer plates; and

re-route the wire bundles away from the

ceiling support bracket, as applicable, as

specified by and per Figure 2 or Figure 3, as

applicable, of the Accomplishment

Instructions of the alert service bulletin.

Note 3: Accomplishment of the one-time

inspection and corrective actions before the

effective date of this AD per Boeing Alert

Service Bulletin 767–33A0085, dated May

11, 2000; or Revision 1, dated August 31,

2000, is considered acceptable for

compliance with paragraph (a) of this AD.

Alternative Methods of Compliance

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Seattle

Aircraft Certification Office (ACO), FAA.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Seattle ACO.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

Special Flight Permits

(c) Special flight permits may be issued in

accordance with §§ 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate the airplane to a

location where the requirements of this AD

can be accomplished.

Incorporation by Reference

(d) The actions shall be done in accordance

with Boeing Alert Service Bulletin 767–

33A0085, Revision 2, dated December 7,

2000. This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington 98124–

2207. Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Effective Date

(e) This amendment becomes effective on

July 18, 2001.

Issued in Renton, Washington, on June 4,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–14531 Filed 6–12–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–128–AD; Amendment

39–12257; AD 2001–12–02]

RIN 2120–AA64

Airworthiness Directives; Learjet

Model 55 Series Airplanes and Model

60 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Learjet Model 55

series airplanes and Model 60 airplanes,

that requires replacement of the brake

valve adjustment screw with a new

improved screw, and for certain

airplanes, it would also require

installation of a new brake valve lever

stop. The actions specified by this AD

are intended to prevent bottoming of the

valve components before contact of the

brake valve lever with the stop, which

31838 Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations

could result in loss of all hydraulic fluid

and consequent loss of normal braking.

This action is intended to address the

identified unsafe condition.

DATES: Effective July 18, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 18,

2001.

ADDRESSES: The service information

referenced in this AD may be obtained

from Learjet, Inc., One Learjet Way,

Wichita, Kansas 67209–2942. This

information may be examined at the

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the FAA,

Wichita Aircraft Certification Office,

1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas; or

at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Shane Bertish, Aerospace Engineer,

Systems and Propulsion Branch, ACE–

116W, FAA, Wichita Aircraft

Certification Office, 1801 Airport Road,

Room 100, Mid-Continent Airport,

Wichita, Kansas 67209; telephone (316)

946–4156; fax (316) 946–4407.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Learjet

Model 55 series airplanes and Model 60

airplanes was published in the Federal

Register on March 19, 2001 (66 FR

15362). That action proposed to require

replacement of the brake valve

adjustment screw with a new improved

screw; and for certain airplanes, that

action also proposed to require

installation of a new brake valve lever

stop.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

There are approximately 331 Model

55 series airplanes and Model 60

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

285 airplanes of U.S. registry will be

affected by this AD, that it will take

approximately 16 work hours per

airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Required parts

will cost approximately $2,368 per

airplane. Based on these figures, the cost

impact of the AD on U.S. operators is

estimated to be $948,480, or $3,328 per

airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted. The cost impact

figures discussed in AD rulemaking

actions represent only the time

necessary to perform the specific actions

actually required by the AD. These

figures typically do not include

incidental costs, such as the time

required to gain access and close up,

planning time, or time necessitated by

other administrative actions.

Regulatory Impact

The regulations adopted herein will

not have a substantial direct effect on

the States, on the relationship between

the national Government and the States,

or on the distribution of power and

responsibilities among the various

levels of government. Therefore, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from the Rules

Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

2001–12–02 Learjet: Amendment 39–12257.

Docket 2000–NM–128–AD.

Applicability: Model 55 series airplanes,

serial numbers 55–003 through 55–147

inclusive, and Model 60 airplanes, serial

numbers 60–002 through 60–189 inclusive;

certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (b) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent bottoming of the valve

components before contact of the brake valve

lever with the stop, which could result in

loss of all hydraulic fluid and consequent

loss of normal braking; accomplish the

following:

Replacement of Brake Valve Lever Stop

Switch

(a) Within 300 flight hours or one year after

the effective date of this AD, whichever

occurs first, accomplish the actions specified

in paragraph (a)(1), (a)(2), or (a)(3) of this AD,

as applicable.

(1) For Learjet Model 60 airplanes having

serial numbers 60–002 through 60–093

inclusive, and 60–095 through 60–188

inclusive: Replace the existing brake valve

lever stop switch with a new brake valve

lever stop switch, and replace the brake valve

adjustment screws with new improved

screws, per Bombardier Service Bulletin 60–

32–10, Revision 1, dated June 22, 2000.

(2) For Learjet Model 60 airplanes having

serial number 60–094 or 60–189: Replace the

brake valve adjustment screws with new

improved screws, per Bombardier Service

Bulletin 60–32–10, Revision 1, dated June 22,

2000.

(3) For Learjet Model 55 series airplanes

having serial numbers 55–003 through 55–

147 inclusive: Replace the existing brake

valve lever stop with a new brake valve lever

stop, and replace the brake valve adjustment

screws with new improved screws, per

Bombardier Service Bulletin 55–32–14, dated

November 9, 1999.

Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations 31839

1 17 CFR 200.30–3.

2 15 U.S.C. 78f.

3 15 U.S.C. 78f(a).

4 17 CFR 240.6a–1.

5 17 CFR 249.1. 6 5 U.S.C. 553(b)(A).

Alternative Methods of Compliance

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Wichita

Aircraft Certification Office, FAA. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Wichita ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita ACO.

Special Flight Permits

(c) Special flight permits may be issued in

accordance with §§ 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate the airplane to a

location where the requirements of this AD

can be accomplished.

Incorporation by Reference

(d) The actions shall be done in accordance

with Bombardier Service Bulletin 60–32–10,

Revision 1, dated June 22, 2000; and

Bombardier Service Bulletin 55–32–14, dated

November 9, 1999; as applicable. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from Learjet,

Inc., One Learjet Way, Wichita, Kansas

67209–2942. Copies may be inspected at the

FAA, Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington; or at

the FAA, Wichita Aircraft Certification

Office, 1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Effective Date

(e) This amendment becomes effective on

July 18, 2001.

Issued in Renton, Washington, on June 4,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–14530 Filed 6–12–01; 8:45 am]

BILLING CODE 4910–13–P

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Part 200

[Release No. 34–44397]

Delegation of Authority to the Director

of the Division of Market Regulation

AGENCY: Securities and Exchange

Commission.

ACTION: Final rule.

SUMMARY: The Securities and Exchange

Commission is amending its rules to

delegate to the Director of the Division

of Market Regulation authority to

publish notice of a filing of an

application for registration as a national

securities exchange, or for exemption

from registration based on limited

volume, and amendments to such

applications filed under section 6 of the

Securities Exchange Act of 1934. This

delegation will facilitate and expedite

the process of exchange registration and

exemption from registration based on

limited volume. This delegation will not

include the authority to approve an

application for registration as a national

securities exchange or exemption from

registration based on limited volume.

EFFECTIVE DATE: June 13, 2001.

FOR FURTHER INFORMATION CONTACT:

Rebekah Liu, Special Counsel, at (202)

942–0133; Susie Cho, Attorney, at (202)

942–0748, Office of Market Supervision,

Division of Market Regulation,

Securities and Exchange Commission,

450 Fifth Street, NW., Washington, DC

20549–1001.

SUPPLEMENTARY INFORMATION: The

Securities and Exchange Commission

(‘‘Commission’’) has adopted an

amendment to Rule 30–3 of its Rules of

Organization and Program Management

governing Delegations of Authority to

the Director of the Division of Market

Regulation (‘‘Director’’).1 The

amendment adds new paragraph (a)(73)

to Rule 30–3 authorizing the Director to

publish notice of a filing of an

application for registration as a national

securities exchange, or for exemption

from registration as a national securities

exchange based on limited volume, and

amendments to such applications filed

under section 6 of the Securities

Exchange Act of 1934 (‘‘Exchange

Act’’).2

Section 6(a) of the Exchange Act

provides that an exchange may be

registered as a national securities

exchange ‘‘by filing with the

Commission an application for

registration in such form as the

Commission, by rule, may prescribe

containing the rules of the exchange and

such other information and documents

as the Commission, by rule, may

prescribe as necessary or appropriate in

the public interest or for the protection

of investors.’’ 3 Rule 6a–1 4 specifies that

an application for registration as a

national securities exchange, or for

exemption from such registration based

on limited volume, shall be filed on

Form 1.5

The delegation of authority to the

Director to publish a notice of filing of

an application for registration, or an

exemption from registration based on

limited volume, and amendments to

such applications filed pursuant to Rule

6a–1, is intended to conserve

Commission resources by permitting

Division staff to review and publish for

comment a notice of filing of an

application and any amendments to

such applications on a more expedited

basis. The Division has received several

applications for registration as a

national securities exchange which,

after careful review by Division staff,

must be published for comment. In

addition, the Division anticipates that,

when an application for registration as

a national securities exchange or

exemption from registration based on

limited volume is filed and published

for comment, there will be significant

comment on the application and

amendments to the application will be

necessary. Granting the Division

delegated authority to publish

amendments will provide the Division

with greater flexibility to respond to any

commenters’ concerns, and may

expedite the process of publishing

amendments to the Form 1.

Nevertheless, the staff may submit

matters to the Commission for

consideration as it deems appropriate.

The Commission retains authority to

approve an application for exchange

registration or exemption from exchange

registration based on limited volume.

The Commission finds, in accordance

with section 553(b)(3)(A) of the

Administrative Procedures Act,6 that

this amendment relates solely to agency

organization, procedure, or practice, and

does not relate to a substantive rule.

Accordingly, notice, opportunity for

public comment, and publication of the

amendment prior to its effective date are

unnecessary.

List of Subjects in 17 CFR Part 200

Administrative practice and

procedure, Authority delegations

(Government agencies), Organization

and functions (Government agencies).

Text of Amendment

In accordance with the preamble, the

Commission hereby amends Title 17,

Chapter II of the Code of Federal

Regulations as follows: