33460 Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Rules and Regulations

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

removing amendment 39–11998 (65 FR

70781, November 28, 2000), and by

adding a new airworthiness directive

(AD), amendment 39–12279, to read as

follows:

2001–12–23 Boeing: Amendment 39–12279.

Docket 2000–NM–354–AD. Supersedes

AD 2000–23–25, Amendment 39–11998.

Applicability: Model 747–100, 747–200,

747–300, 747SP, and 747SR series airplanes

powered by Pratt & Whitney JT9D–3 or JT9D–

7 series engines; as listed in Boeing Alert

Service Bulletin 747–54A2201, dated

September 28, 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 (e) 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 cracking of the vertical chords

adjacent to the lower spar fitting, which

could result in separation of the diagonal

brace load path and lead to separation of the

strut and engine from the airplane,

accomplish the following:

Restatement of Requirements of AD 2000–

23–25: Inspections

(a) Except as provided by paragraph (b) of

this AD, prior to the accumulation of 14,000

total flight cycles, or within 90 days after

December 13, 2000 (the effective date of AD

2000–23–25), whichever occurs later:

Accomplish paragraphs (a)(1) and (a)(2) of

this AD.

(1) Perform a detailed visual inspection to

detect cracking of the vertical chords of the

aft torque bulkhead of the outboard nacelle

struts, in accordance with Part 2 of the

Accomplishment Instructions of Boeing Alert

Service Bulletin 747–54A2201, dated

September 28, 2000. Thereafter, repeat this

inspection at intervals not to exceed 600

flight cycles until paragraph (d) of this AD is

accomplished.

(2) Perform surface eddy current and

ultrasonic inspections to detect cracking of

the vertical chords of the aft torque bulkhead

of the outboard nacelle struts, in accordance

with Part 3 of the Accomplishment

Instructions of Boeing Alert Service Bulletin

747–54A2201, dated September 28, 2000.

Thereafter, repeat these inspections at

intervals not to exceed 1,200 flight cycles

until paragraph (d) of this AD is

accomplished.

Note 2: For the purposes of this AD, a

detailed visual inspection is defined as: ‘‘An

intensive visual examination of a specific

structural area, system, installation, or

assembly to detect damage, failure, or

irregularity. Available lighting is normally

supplemented with a direct source of good

lighting at intensity deemed appropriate by

the inspector. Inspection aids such as mirror,

magnifying lenses, etc., may be used. Surface

cleaning and elaborate access procedures

may be required.’’

Optional Compliance Time

(b) If Boeing Service Letter 747–54–055,

dated April 24, 1998, was accomplished on

the airplane during the modification of the

nacelle strut in accordance with AD 95–10–

16, amendment 39–9233: Accomplishment of

the initial inspection in paragraph (a) of this

AD may be deferred until 3,000 flight cycles

after accomplishment of the service letter.

Repair

(c) If any cracking is detected during any

inspection or modification required by this

AD: Prior to further flight, repair in

accordance with a method approved by the

Manager, Seattle Aircraft Certification Office

(ACO), FAA; or in accordance with data

meeting the type certification basis of the

airplane approved by a Boeing Company

Designated Engineering Representative who

has been authorized by the Manager, Seattle

ACO, to make such findings. For a repair

method to be approved by the Manager,

Seattle ACO, as required by this paragraph,

the approval letter must specifically

reference this AD.

New Requirements of this AD: Modification

(Terminating Action)

(d) Within 4 years after the effective date

of this AD, do the modification of the vertical

chords of the aft torque bulkhead of the

outboard nacelle struts according to Part 4 of

Boeing Alert Service Bulletin 747–54A2201,

dated September 28, 2000. After this

modification, stop the repetitive inspections

required by paragraph (a) of this AD.

Alternative Methods of Compliance

(e) 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

ACO. 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 3: 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

(f) Special flight permits may be issued in

accordance with sections 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

(g) Except as provided by paragraph (c) of

this AD, the actions shall be done in

accordance with Boeing Alert Service

Bulletin 747–54A2201, dated September 28,

2000. The incorporation by reference of that

document was approved previously by the

Director of the Federal Register as of

December 13, 2000 (65 FR 70781, November

28, 2000). 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

(h) This amendment becomes effective on

July 27, 2001.

Issued in Renton, Washington, on June 14,

2001.

Vi L. Lipski,

Manager, Transport Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–15572 Filed 6–21–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–322–AD; Amendment

39–12278; AD 2001–12–22]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–9–81, –82, –83, and

–87 Series Airplanes, and MD–88

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Rules and Regulations 33461

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain McDonnell

Douglas Model DC–9–81, –82, –83, and

–87 series airplanes, and MD–88

airplanes, that requires revising the

wiring of the selective calling (SELCAL)

system. The actions specified by this AD

are intended to prevent inadvertent very

high frequency transmissions and

subsequent loss of radio

communications for airplane and/or

airport operations; and to prevent

inadvertent high frequency

transmissions and subsequent electrical

shock to ground service personnel and/

or damage to the airplane during fueling

operations or fuel tank maintenance.

This action is intended to address the

identified unsafe condition.

DATES: Effective July 27, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 27,

2001.

ADDRESSES: The service information

referenced in this AD may be obtained

from Boeing Commercial Aircraft

Group, Long Beach Division, 3855

Lakewood Boulevard, Long Beach,

California 90846, Attention: Data and

Service Management, Dept. C1–L5A

(D800–0024). 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, Los Angeles

Aircraft Certification Office, 3960

Paramount Boulevard, Lakewood,

California; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

George Mabuni, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130L, FAA, Los Angeles Aircraft

Certification Office, 3960 Paramount

Boulevard, Lakewood, California

90712–4137; telephone (562) 627–5341;

fax (562) 627–5210.

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 McDonnell

Douglas Model DC–9–81, –82, –83, and

–87 series airplanes, and MD–88

airplanes was published in the Federal

Register on March 20, 2001 (66 FR

15666). That action proposed to require

revising the wiring of the selective

calling (SELCAL) system.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

The Air Transport Association, on

behalf of its members, states that it has

no objection to the proposed rule.

Conclusion

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

There are approximately 208 Model

DC–9–81, –82, –83, and –87 series

airplanes, and MD–88 airplanes of the

affected design in the worldwide fleet.

The FAA estimates that 157 airplanes of

U.S. registry will be affected by this AD,

that it will take approximately 2 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

$22 per airplane. Based on these figures,

the cost impact of the AD on U.S.

operators is estimated to be $22,294, or

$142 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:

2001–12–22 McDonnell Douglas:

Amendment 39–12278. Docket 2000–

NM–322–AD.

Applicability: Model DC–9–81, –82, –83,

and –87 series airplanes, and MD–88

airplanes, as listed in Boeing Alert Service

Bulletin MD80–23A100, Revision 02, dated

February 8, 2001; 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 inadvertent very high frequency

transmissions and subsequent loss of radio

communications for airplane and/or airport

operations; and to prevent inadvertent high

frequency transmissions and subsequent

electrical shock to ground service personnel

and/or damage to the airplane during fueling

operations or fuel tank maintenance;

accomplish the following:

Revise Wiring

(a) Within 6 months after the effective date

of this AD, revise the wiring of the selective

calling (SELCAL) system (including

33462 Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Rules and Regulations

installing up to five diodes and reidentifying

existing wires with sleeving), per Boeing

Alert Service Bulletin MD80–23A100,

Revision 02, dated February 8, 2001.

Note 2: Revision of the wiring of the

SELCAL done before the effective date of this

AD, per Boeing Alert Service Bulletin MD80–

23A100, Revision 01, dated August 24, 2000,

is considered acceptable for compliance with

the requirements of 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, Los

Angeles 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,

Los Angeles ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

Special Flight Permits

(c) Special flight permits may be issued in

accordance with sections 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 MD80–

23A100, Revision 02, dated February 8, 2001.

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 Aircraft Group,

Long Beach Division, 3855 Lakewood

Boulevard, Long Beach, California 90846,

Attention: Data and Service Management,

Dept. C1–L5A (D800–0024). Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Los Angeles

Aircraft Certification Office, 3960 Paramount

Boulevard, Lakewood, California; 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 27, 2001.

Issued in Renton, Washington, on June 14,

2001.

Vi L. Lipski,

Manager, Transport Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–15570 Filed 6–21–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 922

[Docket No. 000510129–1157–03]

RIN 0648–A018

Florida Keys National Marine

Sanctuary Regulations;

Announcement of Effective Date in

Florida State Waters

AGENCY: Office of National Marine

Sanctuaries (ONMS), National Ocean

Service (NOS), National Oceanic and

Atmospheric Administration (NOAA),

Department of Commerce (DOC).

ACTION: Final rule; announcement of

effective date.

SUMMARY: This notice announces that

the Revised Designation Document and

the final regulations that were published

in the Federal Register on January 17,

2001 (66 FR 4267), and state fishing

regulations adopted by the Florida Fish

and Wildlife Conservation Commission

for the Tortugas Ecological Reserve, will

become effective in Florida State waters

on July 1, 2001. The Revised

Designation Document expands the

boundary of the Sanctuary and the

regulations implement the expansion,

establish and implement the Tortugas

Ecological Reserve, and make other

revisions to the Sanctuary regulations.

DATES: The final regulations published

at 66 FR 4267 (January 17, 2001) will

become effective on July 1, 2001.

FOR FURTHER INFORMATION CONTACT: Mr.

Billy Causey, (305) 743–2437.

SUPPLEMENTARY INFORMATION: This

document announces the effective date

in Florida State waters for the Revised

Designation Document expanding the

boundary of the Florida Keys National

Marine Sanctuary (FKNMS or

Sanctuary) and the final regulations that

implement the boundary expansion,

establish and implement the Tortugas

Ecological Reserve, and that make

certain revisions to the Sanctuary

regulations. The expansion of the

Sanctuary boundary encompasses an

area of the State of Florida waters and

Federal waters at the far western end of

the Florida Keys, and the submerged

lands thereunder. The Federal Register

document publishing those regulations

also contained the Revised Designation

Document and summarized the final

supplemental management plan for the

Sanctuary. The Revised Designation

Document sets forth the geographic area

included within the Sanctuary, the

characteristics of the area that give it

conservation, recreational, ecological,

historical, research, educational, or

esthetic value, and the type of activities

subject to regulation. The supplemental

management plan details the goals and

objectives, management responsibilities,

research activities, interpretive and

educational programs, and enforcement

activities of the area. The Revised

Designation Document and the final

regulations became effective in Federal

waters on March 8, 2001 and notice of

the effective date was published in the

Federal Register on March 23, 2001 (66

FR 16120).

On March 6, 2001, the Governor of the

State of Florida certified to the Secretary

of Commerce that the revised

designation, the supplemental

management plan, and the regulations

implementing the Tortugas Ecological

Reserve were unacceptable unless and

until approved by the Governor and

Cabinet, acting as the Board of Trustees

of the Internal Improvement Trust Fund

of the State of Florida. On April 24,

2001, the Board of Trustees voted

unanimously to approve the boundary

expansion, the supplemental

management plan and the final

regulations implementing the Tortugas

Ecological Reserve in state waters. On

May 14, 2001, the State of Florida

notified the Secretary of Commerce of

the Board’s approval. The revised

designation, supplemental management

plan, and the revised regulations, and

the fishing regulations approved by the

Florida Fish and Wildlife Conservation

Commission implementing the Reserve

in state waters will take effect on July

1, 2001.

This Federal Register document

announces that July 1, 2001 is the

effective date in state waters of the

Revised Designation Document, the

final regulations and state fishing

regulations.

Authority: 16 U.S.C. Section 1431 et seq.

(Federal Domestic Assistance Catalog

Number 11.429 Marine Sanctuary Program)

Dated: June 19, 2001.

Ted I. Lillestolen,

Deputy Assistant Administrator for Ocean

Services and Coastal Zone Management.

[FR Doc. 01–15806 Filed 6–20–01; 10:06 am]

BILLING CODE 3510–08–U