Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Proposed Rules 67663

§ 130.8 [Amended]

3. In § 130.8(a), the table would be

amended by removing the entries for

‘‘Germ plasm being imported’’

(including footnote 2), ‘‘Import

compliance assistance’’, and

‘‘Processing VS Form 16–3’’.

Done in Washington, DC, this 20th day of

October 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–28973 Filed 11–9–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–319–AD]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A.

(EMBRAER) Model EMB–135 and

EMB–145 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain EMBRAER Model EMB–135 and

EMB–145 series airplanes. This

proposal would require replacement of

certain brake control units (BCU) with

new units. This action is necessary to

prevent uncommanded application of

50 percent braking in one pair of

wheels, which could result in the

airplane skidding off the runway. This

action is intended to address the

identified unsafe condition.

DATES: Comments must be received by

December 13, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

319–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays. Comments may be

submitted via fax to (425) 227–1232.

Comments may also be sent via the

Internet using the following address: 9-

anm-nprmcomment@faa.gov. Comments

sent via fax or the Internet must contain

‘‘Docket No. 2000–NM–319–AD’’ in the

subject line and need not be submitted

in triplicate. Comments sent via the

Internet as attached electronic files must

be formatted in Microsoft Word 97 for

Windows or ASCII text.

The service information referenced in

the proposed rule 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

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.

FOR FURTHER INFORMATION CONTACT:

Robert Capezzuto, Aerospace Engineer,

Systems and Flight Test Branch, ACE–

116A, FAA, Atlanta Aircraft

Certification Office, One Crown Center,

1895 Phoenix Boulevard, suite 450,

Atlanta, Georgia 30349; telephone (770)

703–6071; fax (770) 703–6097.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Submit comments using the following

format:

• Organize comments issue-by-issue.

For example, discuss a request to

change the compliance time and a

request to change the service bulletin

reference as two separate issues.

• For each issue, state what specific

change to the proposed AD is being

requested.

• Include justification (e.g., reasons or

data) for each request.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 2000–NM–319–AD.’’

The postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–114, Attention: Rules Docket No.

2000–NM–319–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Departmento de Aviacao Civil

(DAC), which is the airworthiness

authority for Brazil, notified the FAA

that an unsafe condition may exist on

certain EMBRAER Model EMB–135 and

EMB–145 series airplanes. The DAC

advises that it received a report of one

occurrence in which the flight crew

noticed uncommanded brake

application on an EMB–145 series

airplane. Analysis of the brake control

unit (BCU) that was removed after this

occurrence revealed a condition that

caused uncommanded application of 50

percent braking in one pair of wheels.

This condition, if not corrected, could

result in the airplane skidding off the

runway.

Explanation of Relevant Service

Information

EMBRAER has issued Service Bulletin

145–32–0060, Change No. 01, dated

June 6, 2000, which describes

procedures for replacement of certain

BCU’s with new units. The procedures

involve converting BCU’s having a

particular part number to a new part

number, replacing certain units with

new units, and performing a functional

check of the main brake system.

Accomplishment of the actions

specified in the service bulletin is

intended to adequately address the

identified unsafe condition. The DAC

classified this service bulletin as

mandatory and issued Brazilian

airworthiness directive 2000–07–01,

dated August 20, 2000, in order to

assure the continued airworthiness of

these airplanes in Brazil.

FAA’s Conclusions

These airplane models are

manufactured in Brazil and are type

certificated for operation in the United

States under the provisions of section

21.29 of the Federal Aviation

Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness

agreement. Pursuant to this bilateral

airworthiness agreement, the DAC has

67664 Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Proposed Rules

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the DAC,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of Requirements of

Proposed Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, the proposed AD would require

accomplishment of the actions specified

in the service bulletin described

previously.

Difference Between Proposed AD and

Brazilian Airworthiness Directive

Operators should note that the

applicability of the Brazilian

airworthiness directive includes all

Model EMB–135 and EMB–145 series

airplanes. However, the applicability of

this proposed AD points to the

effectivity of the referenced service

bulletin, which specifies affected

airplane serial numbers and provides

information on in-production airplanes.

Cost Impact

The FAA estimates that 165 Model

EMB–135 and EMB–145 series airplanes

of U.S. registry would be affected by this

proposed AD. It would take

approximately 5 work hours per

airplane (2.5 work hours per BCU) to

accomplish the proposed actions, at an

average labor rate of $60 per work hour.

Required parts would be provided by a

vendor at no charge to the operator.

Based on these figures, the cost impact

of the proposed AD on U.S. operators is

estimated to be $49,500, or $300 per

airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the proposed 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 proposed herein

would 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 proposal

would not have federalism implications

under Executive Order 13132.

For the reasons discussed above, I

certify that this proposed regulation: (1)

Is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

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

promulgated, 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 copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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:

Empresa Brasileira De Aeronautica S.A.

(Embraer): Docket 2000–NM–319–AD.

Applicability: Model EMB–135 and EMB–

145 series airplanes, certificated in any

category, as listed in EMBRAER Service

Bulletin 145–32–0060, Change No. 01, dated

June 6, 2000.

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 (c) 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 uncommanded application of

50 percent braking in one pair of wheels,

which could result in the airplane skidding

off the runway, accomplish the following:

Replacement

(a) Within 2,000 landings after the effective

date of this AD: Replace the brake control

unit (BCU) having part number (P/N) 42–

951–1 or 42–951–2 with a new BCU having

P/N 42–951–3 in accordance with EMBRAER

Service Bulletin 145–32–0060, Change No.

01, dated June 6, 2000.

Spares

(b) As of the effective date of this AD, no

person shall install on any airplane a BCU

having P/N 42–951–1 or 42–951–2.

Alternative Methods of Compliance

(c) 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 Atlanta ACO.

Special Flight Permits

(d) 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.

Note 3: The subject of this AD is addressed

in Brazilian airworthiness directive 2000–07–

01, dated August 20, 2000.

Issued in Renton, Washington, on

November 6, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–28968 Filed 11–9–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–ANM–16]

Proposed Modification of Class E

Airspace, Tillamook, OR

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of Proposed Rulemaking

(NPRM).