Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations 66615

(2) If any discrepancy is detected, prior to

further flight, replace, one at a time, each

affected fastener with a new fastener having

a washer, in accordance with the service

bulletin. Repeat the inspection required by

paragraph (a) of this AD thereafter at

intervals not to exceed 400 flight hours until

accomplishment of the optional terminating

action specified by paragraph (c) of this AD.

Note 5: Replacement of the attaching

fasteners one at a time will avoid the loss of

the servo tab or spring tab hinge fittings

position.

Optional Terminating Action

(c) Rework (including installation of the

elevator servo and spring tabs; and

reidentification, static balancing, and

installation of the elevator) of all elevator

servo and spring tabs in accordance with Part

III of the Accomplishment Instructions of

S.B. 145–055–0022, Change 02, dated May 4,

2000, constitutes terminating action for the

repetitive inspections required by this AD.

Model EMB–135 and EMB–145 series

airplanes having serial numbers 145004

through 145043, must accomplish the

modifications specified by S.B. 145–27–0034,

Change 01, dated August 5, 1998, prior to the

rework specified by this paragraph.

Note 6: Modifications of certain airplanes

specified in paragraph (c) of this AD,

accomplished before the effective date of this

amendment, in accordance with S.B. 145–

27–0034, dated April 3, 1998, are considered

acceptable for compliance with the

modification requirement in paragraph (c) of

this AD.

Reporting Requirement

(d) Submit a report of inspection findings

for any discrepancy detected during any

inspection required by paragraph (a) of this

AD to Empresa Brasileira de Aeronautica

S.A. (EMBRAER), P.O. Box 343—CEP 12.225,

Sao Jose dos Campos—SP, Brazil; at the

applicable time specified in paragraph (d)(1)

or (d)(2) of this AD. Information collection

requirements contained in this regulation

have been approved by the Office of

Management and Budget (OMB) under the

provisions of the Paperwork Reduction Act of

1980 (44 U.S.C. 3501 et seq.) and have been

assigned OMB Control Number 2120–0056.

(1) For airplanes on which any inspection

is accomplished after the effective date of

this AD: Submit the report within 10 days

after performing any detailed visual

inspection required by paragraph (a) of this

AD.

(2) For airplanes on which any inspection

has been accomplished prior to the effective

date of this AD: Submit the report within 10

days after the effective date of this AD.

Alternative Methods of Compliance

(e)(1) 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, Atlanta

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, Atlanta ACO.

(2) Alternative methods of compliance,

approved previously in accordance with AD

2000–04–09, amendment 39–11591, are

approved as alternative methods of

compliance with this AD.

Note 7: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta 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) The inspections shall be done in

accordance with Embraer Service Bulletin

145–55–0024, dated May 25, 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

Empresa Brasileira de Aeronautica S.A.

(EMBRAER), P.O. Box 343—CEP 12.225, Sao

Jose dos Campos—SP, Brazil. Copies may be

inspected at the FAA, 1601 Lind Avenue,

SW., Renton, Washington; or at the FAA, One

Crown Center, 1895 Phoenix Boulevard, suite

450, Atlanta, Georgia; or at the Office of the

Federal Register, 800 North Capitol Street,

NW., suite 700, Washington, DC.

Note 8: The subject of this AD is addressed

in Brazilian airworthiness directives 1999–

09–01R2, dated May 1, 2000, and 2000–05–

01, dated May 25, 2000.

Effective Date of This AD

(h) This amendment becomes effective on

November 22, 2000.

Issued in Renton, Washington, on October

27, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–28087 Filed 11–6–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–121–AD; Amendment

39–11958; AD 2000–22–12]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A.

(EMBRAER) Model EMB–120 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain EMBRAER Model

EMB–120 series airplanes, that requires

replacement of the existing wire

between certain circuit breakers with an

improved wire. The actions specified by

this AD are intended to prevent

overheating of the wire between certain

circuit breakers, which could result in

smoke emissions in the cockpit. This

action is intended to address the

identified unsafe condition.

DATES: Effective December 12, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

12, 2000.

ADDRESSES: The service information

referenced in this AD may be obtained

from Empresa Brasileira de Aeronautica

S.A. (EMBRAER), P.O. Box 343—CEP

12.225, Sao Jose dos Campos—SP,

Brazil. 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, Atlanta

Aircraft Certification Office, One Crown

Center, 1895 Phoenix Boulevard, suite

450, Atlanta, Georgia; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Carla Worthey, Program Manager,

Program Management & Services

Branch, ACE–118A, FAA, Atlanta

Aircraft Certification Office, One Crown

Center, 1895 Phoenix Boulevard, suite

450, Atlanta, Georgia 30349; telephone

(770) 703–6062; fax (770) 703–6097.

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 EMBRAER

Model EMB–120 series airplanes, was

published in the Federal Register on

66616 Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations

July 31, 2000 (65 FR 46671). That action

proposed to require replacement of the

existing wire between certain circuit

breakers with an improved wire.

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

The FAA estimates that 240 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 action, and that the average

labor rate is $60 per work hour.

Required parts will cost approximately

$8 per airplane. Based on these figures,

the cost impact of this AD on U.S.

operators is estimated to be $30,720, or

$128 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 will 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:

2000–22–12 Empresa Brasileira de

Aeronautica S.A. (EMBRAER):

Amendment 39–11958. Docket 2000–

NM–121–AD.

Applicability: Model EMB–120 series

airplanes, serial numbers 120003, 120004,

120006 through 120308 inclusive, 120310,

120312 through 120314 inclusive, 120316

through 120323 inclusive, and 120325

through 120330 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 overheating of the wire between

certain circuit breakers, which could result in

smoke emissions in the cockpit, accomplish

the following:

Wire Replacement

(a) At the next scheduled maintenance

inspection (‘‘A’’-check), but no later than 400

flight hours after the effective date of this AD:

Replace the existing wire between circuit

breakers 0304 and 0358 with a wire coded

W200–1063–12, in accordance with

EMBRAER Service Bulletin 120–30–0028,

dated August 25, 1997.

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, Atlanta

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, Atlanta ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Manager, Atlanta 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 replacement shall be done in

accordance with EMBRAER Service Bulletin

120–30–0028, dated August 25, 1997. 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

Empresa Brasileira de Aeronautica S.A.

(EMBRAER), P.O. Box 343—CEP 12.225, Sao

Jose dos Campos—SP, Brazil. Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Atlanta Aircraft

Certification Office, One Crown Center, 1895

Phoenix Boulevard, suite 450, Atlanta,

Georgia; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

Note 3: The subject of this AD is addressed

in Brazilian airworthiness directive 97–11–

01, dated November 25, 1997.

Effective Date

(e) This amendment becomes effective on

December 12, 2000.

Issued in Renton, Washington, on October

27, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–28088 Filed 11–6–00; 8:45 am]

BILLING CODE 4910–13–P