Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Rules and Regulations 68879

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:

2000–23–08 Airbus Industrie: Amendment

39–11978. Docket 2000–NM–114–AD.

Applicability: Model A310 series airplanes

equipped with flight control computers (FCC)

having part number (P/N) B350AAM4 or

B470ABM2, and Model A300–600 series

airplanes equipped with FCC’s having P/N

B470AAM2; certificated in any category;

except those airplanes on which Airbus

Modification 11899 or 11900 (Airbus Service

Bulletin A310–22–2048 or A310–22–2049 or

A300–22–6038) has been accomplished.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

otherwise 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 autopilot reversions in certain

flight conditions, which could result in

misunderstanding by the flight crew and

consequent reduced ability to take

appropriate action, accomplish the following:

Replacement of FCC’s and Modification of

Wiring

(a) Within 26 months after the effective

date of this AD, replace the FCC’s with new,

improved FCC’s having updated software

installed; and modify the wiring, as

applicable; in accordance with paragraph

(a)(1), (a)(2), or (a)(3), as applicable.

(1) For Airbus Model A310 series airplanes

equipped with FCC’s having P/N

B350AAM4: Replace the FCC’s in accordance

with Airbus Service Bulletin A310–22–2048,

Revision 01, dated March 6, 2000.

(2) For Airbus Model A310 series airplanes

equipped with FCC’s having P/N B470ABM2:

Replace the FCC’s in accordance with Airbus

Service Bulletin A310–22–2049, Revision 02,

dated March 6, 2000. Prior to or concurrent

with the replacement, modify the wiring in

accordance with Airbus Service Bulletin

A310–22–2051, Revision 02, dated March 8,

2000.

(3) For Airbus Model A300–600 series

airplanes equipped with FCC’s having P/N

B470AAM2: Replace the FCC’s in accordance

with Airbus Service Bulletin A300–22–6038,

dated August 24, 1999. Prior to or concurrent

with the replacement, modify the wiring in

accordance with Airbus Service Bulletin

A300–22–6040, Revision 02, dated March 6,

2000.

Note 2: Accomplishment of the actions

required by paragraph (a) of this AD prior to

the effective date of this AD in accordance

with Airbus Service Bulletin A310–22–2048,

dated December 13, 1999; A310–22–2049,

dated August 24, 1999, or Revision 01, dated

December 13, 1999; A310–22–2051, dated

August 26, 1999, or Revision 01, dated

December 13, 1999; or A300–22–6040, dated

August 26, 1999, or Revision 01, dated

December 13, 1999; is acceptable for

compliance with the applicable actions

specified in that paragraph.

Note 3: The Airbus service bulletins

reference SEXTANT Service Bulletins

B350AAM–22–008, B470AAM–22–013, and

B470ABM–22–012, each dated September 29,

1999, as additional sources of service

information for accomplishing the

replacement required by 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,

International Branch, ANM–116, FAA.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

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 Airbus Service Bulletin A310–22–2048,

Revision 01, dated March 6, 2000; Airbus

Service Bulletin A310–22–2049, Revision 02,

dated March 6, 2000; Airbus Service Bulletin

A310–22–2051, Revision 02, dated March 8,

2000; Airbus Service Bulletin A300–22–6038,

dated August 24, 1999; and Airbus Service

Bulletin A300–22–6040, Revision 02, dated

March 6, 2000; 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 Airbus

Industrie, 1 Rond Point Maurice Bellonte,

31707 Blagnac Cedex, France. 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.

Note 5: The subject of this AD is addressed

in French airworthiness directive 2000–137–

305(B), dated August 21, 2000.

Effective Date

(e) This amendment becomes effective on

December 20, 2000.

Issued in Renton, Washington, on

November 6, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–28966 Filed 11–14–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–129–AD; Amendment

39–11976; AD 2000–23–06]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A.

(EMBRAER) Model EMB–145 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–145 series airplanes, that requires

replacement of defective hydraulic

tubing in the left and right wings with

new hydraulic tubing. This amendment

68880 Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Rules and Regulations

is prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified by this AD are

intended to prevent the loss of

hydraulic pressure which could result

in reduced controllability of the

airplane.

DATES: Effective December 20, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

20, 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:

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: 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–145 series airplanes was

published in the Federal Register on

August 15, 2000 (65 FR 49775). That

action proposed to require replacement

of defective hydraulic tubing in the left

and right wings with new hydraulic

tubing.

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 3 airplanes of

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

The estimated number of work hours

required to accomplish the required

replacement depends on the serial

number of the airplane and ranges from

6 to 28 work hours. The average labor

rate is estimated to be $60 per work

hour, and the materials required will be

available at no charge from EMBRAER.

Based on the information available,

the cost of the AD on U.S. operators is

estimated to range from $360 to $1,680

per airplane. The maximum total cost

for airplanes registered in the U.S.,

therefore, will be $5,040.

The cost impact figures discussed

above are 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:

2000–23–06 Empresa Brasileira de

Aeronautica S.A (EMBRAER):

Amendment 39–11976. Docket 2000–

NM–129–AD.

Applicability: Model EMB–145 series

airplanes; serial numbers 145010, 145011,

and 145013 through 145016 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 the loss of hydraulic pressure

due to failed hydraulic tubing and the

consequent reduced controllability of the

airplane, accomplish the following:

Replacement

(a) Within 800 flight hours after the

effective date of this AD, replace hydraulic

tubing in the left and right wings with new

tubing, in accordance with EMBRAER

Service Bulletin 145–29–0003, dated

November 13, 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 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

Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Rules and Regulations 68881

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

145–29–0003, dated November 13, 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 98–01–

03, dated January 15, 1998.

Effective Date

(e) This amendment becomes effective on

December 20, 2000.

Issued in Renton, Washington, on

November 6, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–28965 Filed 11–14–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–133–AD; Amendment

39–11979; AD 2000–23–09]

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

a one-time inspection to detect wear of

the hydraulic pump hoses, and

corrective action, if necessary. This AD

also requires relocation of the clip that

secures the left forward hold-open rod

of both nacelles. The actions specified

by this AD are intended to prevent

chafing and consequent rupture of the

hydraulic line and loss of hydraulic

pressure, which could result in reduced

controllability of the airplane. This

action is intended to address the

identified unsafe condition.

DATES: Effective December 20, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

20, 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:

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: 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

July 26, 2000 (65 FR 45934). That action

proposed to require a one-time

inspection to detect wear of the

hydraulic pump hoses, and corrective

action, if necessary. That action also

proposed to require relocation of the

clip that secures the left forward holdopen rod of both nacelles.

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.

Request for Inclusion of Alternative

Methods of Compliance

The commenter requests that the

proposed rule be revised to include

alternative methods of accomplishing

the actions other than those specified in

the service bulletin referenced in the

proposed rule. The commenter explains

that it has accomplished both actions

required by the proposed rule using

other methods of accomplishment.

The FAA does not concur with the

commenter’s request to include

alternative methods of compliance in

the final rule. However, the FAA would

consider a request for an approval of an

alternative method of compliance in

accordance with the provision of

paragraph (c) of this AD, provided that

appropriate justification accompanies

the request.

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

The FAA estimates that 200 airplanes

of U.S. registry will be affected by this

AD.

It will take approximately 1 work

hour per airplane to inspect the

hydraulic hoses, at an average labor rate

of $60 per work hour. Based on these

figures, the cost impact of the inspection

on U.S. operators is estimated to be

$12,000, or $60 per airplane.

It will take approximately 1 work

hour per airplane to relocate the clip, at

an average labor rate of $60 per work

hour. Required parts will cost

approximately $15 per airplane. Based

on these figures, the cost impact of the

clip relocation on U.S. operators is

estimated to be $15,000, or $75 per

airplane.

The cost impact figures discussed

above are 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