Federal Register / Vol. 63, No. 6 / Friday, January 9, 1998 / Rules and Regulations 1337

further flight, repair the carburetor by

installing a serviceable two-piece venturi or

by installing a one-piece venturi in

accordance with Precision Airmotive Service

Bulletin (SB) No. MSA–2, Revision 1, dated

November 11, 1991, Revision 2, dated

December 28, 1993, or Revision 3, dated

October 10, 1995. Installing a one-piece

venturi constitutes terminating action for the

repetitive inspection requirements of this

paragraph.

(3) If a one-piece venturi is already

installed, or installed in accordance with

sub-paragraph (2) of this paragraph, and the

engine subsequently runs rough or

experiences power loss, accomplish either of

the following:

(i) Modify the carburetor in accordance

with paragraphs (c), (d) or (e) of this AD, as

applicable; or

(ii) Install a carburetor containing a twopiece venturi and resume the repetitive

inspections required by paragraph (a)(2) of

this AD.

(b) For Precision Airmotive Corporation

Model MA–3 series carburetors: at the next

annual, 100-hour, or progressive inspection,

whichever occurs first, after the effective date

of this AD, inspect the carburetor to

determine if the primary venturi is loose or

missing. If either of these conditions are

found, prior to further flight, repair the

carburetor by installing a serviceable twopiece venturi, or replace the entire carburetor

with a serviceable carburetor. Repeat this

inspection at each annual, 100-hour, or

progressive inspection.

(c) For Precision Airmotive Corporation

Model MA–3SPA series carburetors with part

numbers (P/N) 10–4894 or 10–4115–1,

installed on Teledyne Continental Model O–

200A series engines modified on or after the

effective date of this AD by installing a onepiece venturi, install a new fuel nozzle in

accordance with Precision Airmotive SB

MSA–7, dated September 30, 1994, at the

time of installation of the one-piece venturi.

(d) For Precision Airmotive Corporation

Model MA–3SPA series carburetors with P/

Ns 10–4895, 10–4439, or 10–3237, installed

on Teledyne Continental Model O–300 or C–

145 series engines modified on or after the

effective date of this AD by installing a onepiece venturi, install a new fuel nozzle in

accordance with Precision Airmotive SB No.

MSA–8, dated July 10, 1995, at the time of

installation of the one-piece venturi.

(e) For Precision Airmotive Corporation

Model MA–3SPA series carburetors with P/

Ns 10–4240, 10–4252, 10–4252–1, or 10–

4457, installed on Teledyne Continental

Model C–75, C–85, or C–90 series engines

modified on or after the effective date of this

AD by installing a one-piece venturi, install

a new fuel nozzle in accordance with

Precision Airmotive SB No. MSA–9, dated

October 10, 1995, at the time of installation

of the one-piece venturi.

(f) 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. Operators shall

submit their requests through an appropriate

FAA Principal Maintenance Inspector, who

may add comments and then send it to the

Manager, Seattle Aircraft Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the Seattle

Aircraft Certification Office.

(g) 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 aircraft to

a location where the inspection requirements

of this AD can be accomplished.

(h) The actions required by this AD shall

be done in accordance with the following

Precision Airmotive Corporation SBs:

Document No. Pages Revision Date

MSA–2 .......................................................................................................................... 1–3 1 November 11, 1991.

Total Pages: 3.

MSA–2 .......................................................................................................................... 1–3 2 December 28, 1993.

Total Pages: 3.

MSA–2 .......................................................................................................................... 1–4 3 October 10, 1995.

Total Pages: 4.

MSA–7 .......................................................................................................................... 1–3 Original September 30, 1994.

Total Pages: 3.

MSA–8 .......................................................................................................................... 1–3 Original July 10, 1995.

Total Pages: 3.

MSA–9 .......................................................................................................................... 1–3 Original October 10, 1995.

Total Pages: 3.

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 Precision Airmotive Corporation, 3220

100th Street SW., Building E, Everett, WA

98204; telephone (206) 353–8181, fax (206)

348–3545. Copies may be inspected at the

FAA, New England Region, Office of the

Assistant Chief Counsel, 12 New England

Executive Park, Burlington, MA; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(i) This amendment becomes effective on

February 13, 1998.

Issued in Burlington, Massachusetts, on

December 23, 1997.

Jay J. Pardee,

Manager, Engine and Propeller Directorate,

Aircraft Certification Service.

[FR Doc. 98–70 Filed 1–8–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–CE–66–AD; Amendment 39–

10273; AD 98–01–10]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A., Models

EMB–110P1 and EMB–110P2 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

Airworthiness Directive (AD) 87–03–10,

which currently requires repetitively

inspecting the fillet area of both the left

and right main landing gear (MLG)

wheel axle/piston tube support junction

area for cracks on Empresa Brasileira de

Aeronautica S.A. (EMBRAER) Models

EMB–110P1 and EMB–110P2 airplanes,

and requires replacing any MLG wheel

axle/piston tube assembly where a crack

is found. AD 87–03–10 also provided

the option of reworking this area when

no cracks were found as terminating

action for the repetitive inspections. The

Federal Aviation Administration’s

policy on aging commuter-class aircraft

is to eliminate or, in certain instances,

reduce the number of certain repetitive

short-interval inspections when

improved parts or modifications are

available. This AD requires the

following on EMBRAER Models EMB

110–P1 and EMB 110–P2 airplanes that

do not have an ‘‘R’’ stamped on both the

left and right MLG wheel axle/piston

tube assembly end-piece: inspecting

(one-time) the fillet area of each MLG

wheel axle/piston tube support junction

area to assure that the area is free of

cracks, replacing any MLG wheel axle/

piston tube assembly if a crack is found,

and reworking this area on both the left
1338 Federal Register / Vol. 63, No. 6 / Friday, January 9, 1998 / Rules and Regulations

and right MLG’s, as terminating action

for the repetitive inspections that are

currently required by AD 87–03–10. The

actions specified in this AD are

intended to prevent failure of the MLG

wheel axle/piston tube assembly caused

by fatigue cracking, which could result

in loss of control of the airplane during

landing operations.

DATES: Effective February 9, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of February 9,

1998.

ADDRESSES: Service information that

applies to this AD may be obtained from

EMBRAER, Av. Brig Faira Lima 2170,

12227–901, Sao Jose dos Campos–SP,

Brazil. This information may also be

examined at the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket 96–CE–66–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106; or at the Office of

the Federal Register, 800 North Capitol

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

FOR FURTHER INFORMATION CONTACT: Mr.

Curtis Jackson, Aerospace Engineer,

FAA, Atlanta Aircraft Certification

Office, Campus Building, 1701

Columbia Avenue, suite 2–160, College

Park, Georgia 30337–2748; telephone

(404) 305–7358; facsimile (404) 305–

7348.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to EMBRAER Models EMB–110P1

and EMB–110P2 airplanes that do not

have an ‘‘R’’ stamped on both the left

and right MLG wheel axle/piston tube

assembly end-piece was published in

the Federal Register as a notice of

proposed rulemaking (NPRM) on March

12, 1997 (62 FR 11384). The NPRM

proposed to supersede AD 87–03–10

with a new AD that would require

inspecting (one-time) the fillet area of

both the left and right MLG wheel axle/

piston tube support junction area to

assure that the area is free of cracks,

replacing any MLG wheel axle/piston

tube assembly if a crack is found, and

reworking this area on both the left and

right MLG’s, as terminating action for

the repetitive inspections that are

currently required by AD 87–03–10.

Airplanes that have an ‘‘R’’ stamped on

both the left and right MLG wheel axle/

piston tube assembly end-piece either

(1) have a design configuration that is

different from the unsafe condition

specified in this document; or (2) the

airplanes already have both the left and

right MLG wheel axle/piston tube

assembly reworked. Accomplishment of

the proposed inspection as specified in

the NPRM would be in accordance with

EMBRAER Service Bulletin (SB) No.

110–032–0068, dated December 20,

1985. Accomplishment of the proposed

rework as specified in the NPRM would

be required in accordance with

EMBRAER SB No. 110–032–0071,

Change No. 01, dated June 21, 1988.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposed rule or the FAA’s

determination of the cost to the public.

The FAA’s Determination

After careful review of all available

information related to the subject

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for minor

editorial corrections. The FAA has

determined that these minor corrections

will not change the meaning of the AD

and will not add any additional burden

upon the public than was already

proposed.

Cost Impact

The FAA estimates that 50 airplanes

in the U.S. registry will be affected by

this AD, that it will take approximately

22 workhours (inspection: 8 workhours;

rework: 14 workhours) per airplane to

accomplish this AD, and that the

average labor rate is approximately $60

an hour. There is no cost for parts to

accomplish this AD. Based on these

figures, the total cost impact of this AD

on U.S. operators is estimated to be

$66,000.

The initial inspection cost of this AD

is the same as that required by AD 87–

03–10. The difference in the inspection

costs of this AD and AD 87–03–10 is

that this AD does not require the

repetitive inspections and AD 87–03–10

currently requires repetitive inspections

every 1,000 landings. The required

rework eliminates the repetitive

inspection requirement, and is optional

in AD 87–03–10.

The FAA does not have any way of

determining how many airplanes have

an ‘‘R’’ stamped on both the left and

right MLG wheel axle/piston tube

support junction area end-piece and

have these areas reworked, and,

therefore already have the actions of this

AD accomplished. The affected

airplanes are no longer in production

with few airplanes being operated in the

United States. Since AD 87–03–10

provided the option of reworking the

area on both the left and right MLG’s as

terminating action for the repetitive

inspections, the FAA believes that most

of the operators will have accomplished

the rework and will not be affected by

this AD.

The FAA’s Aging Commuter Aircraft

Policy

The actions required by this AD are

consistent with the FAA’s aging

commuter aircraft policy, which briefly

states that, when a modification exists

that could eliminate or reduce the

number of required critical inspections,

the modification should be

incorporated. This policy is based on

the FAA’s determination that reliance

on critical repetitive inspections on

airplanes utilized in commuter service

carries an unnecessary safety risk when

a design change exists that could

eliminate or, in certain instances,

reduce the number of those critical

inspections. In determining what

inspections are critical, the FAA

considers (1) the safety consequences of

the airplane if the known problem is not

detected by the inspection; (2) the

reliability of the inspection such as the

probability of not detecting the known

problem; (3) whether the inspection area

is difficult to access; and (4) the

possibility of damage to an adjacent

structure as a result of the problem.

The alternative to reworking the fillet

area of the left and right MLG wheel

axle/piston tube support junction area is

to rely on the repetitive inspections

currently required by AD 87–03–10 to

detect cracks in this area.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

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 copy of the final

evaluation prepared for this action is
Federal Register / Vol. 63, No. 6 / Friday, January 9, 1998 / Rules and Regulations 1339

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, 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 Airworthiness Directive (AD)

87–03–10, Amendment 39-5524, and by

adding a new AD to read as follows:

98–01–10 Empresa Brasileira De

Aeronautica S.A: Amendment 39–10273;

Docket 96–CE–66–AD. Supersedes AD

87–03–10, Amendment 39–5524.

Applicability: Models EMB–110P1 and

EMB–110P2 airplanes, all serial numbers,

certificated in any category, that do not have

an ‘‘R’’ stamped on both the left and right

main landing gear (MLG) wheel axle/piston

tube assembly end-piece.

Note 1: Airplanes that have an ‘‘R’’

stamped on both the left and right MLG

wheel axle/piston tube assembly end-piece

either (1) have a design configuration that is

different from the unsafe condition specified

in this AD; or (2) already have both the left

and right MLG wheel axle/piston tube

support junction area reworked. EMBRAER

Service Bulletin (SB) No. 110–032–0071,

Change No. 01, dated June 21, 1988, includes

procedures for this rework, including

stamping an ‘‘R’’ on both the left and right

MLG wheel axle/piston tube assembly endpiece.

Note 2: 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 (d) 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 within the next 100

landings after the effective date of this AD,

unless already accomplished.

Note 3: If the number of landings is

unknown, hours time-in-service (TIS) may be

used by multiplying the number of hours TIS

by 0.50. If hours TIS are utilized to calculate

the number of landings, this would make the

AD effective ‘‘within the next 200 hours TIS

after the effective date of this AD.’’

To prevent failure of a MLG wheel axle/

piston tube assembly caused by fatigue

cracking, which could result in loss of

control of the airplane during landing

operations, accomplish the following:

(a) Inspect, using either eddy current, dye

penetrant, or magnetic particle methods, the

fillet area in both the left and right MLG

wheel axle/piston support junction area for

cracks in accordance with the instructions

contained in EMBRAER SB No. 110–032–

0068, dated December 20, 1985. Included in

this SB is ERAM SB No. 32–22, which

includes procedures for accomplishing this

inspection. If any cracks are found, prior to

further flight, replace the MLG wheel axle/

piston tube assembly with an uncracked

assembly.

(b) Visually inspect the fillet radius in both

the left and right MLG wheel axle/piston tube

support junction area to determine whether

the profile requires rework. Accomplish the

inspection in accordance with the

instructions in ERAM SB No. 32–25, which

is part of EMBRAER SB No. 110–032–0071,

Change No. 01, dated June 21, 1988.

(1) If the profile of the area of each MLG

is like the one presented in image (A) Figure

1 of ERAM SB No. 32–25, which is part of

EMBRAER SB No. 110–032–0071, Change

No. 01, dated June 21, 1988, prior to further

flight, polish the junction area using a fine

grit abrasive cloth and stamp the letter ‘‘R’’

on the MLG wheel axle/piston tube assembly

end-pipe.

(2) If the profile of the area of each MLG

is like the one presented in image (B) Figure

1 of ERAM SB No. 32–25, which is part of

EMBRAER SB No. 110–032–0071, Change

No. 01, dated June 21, 1988, prior to further

flight, accomplish the following in

accordance with EMBRAER SB No. 110–032–

0071, Change No. 01, dated June 21, 1988:

(i) Rework each MLG wheel axle/piston

tube support junction area;

(ii) Polish each junction area using a fine

grit abrasive cloth; and

(iii) Stamp the letter ‘‘R’’ on each MLG

wheel axle/piston tube assembly end-pipe.

(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.

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Atlanta Aircraft

Certification Office (ACO), Campus Building,

1701 Columbia Avenue, suite 2–160, College

Park, Georgia 30337–2748.

(1) The request shall be forwarded through

an appropriate FAA Maintenance Inspector,

who may add comments and then send it to

the Manager, Atlanta ACO.

(2) Alternative methods of compliance

approved in accordance with AD 87–03–10

(superseded by this action) are not

considered approved as alternative methods

of compliance with this AD.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

(e) The inspection required by this AD

shall be done in accordance with EMBRAER

Service Bulletin No. 110–032–0068, dated

December 20, 1985. The modification

(rework, polishing, and stamping) required

by this AD shall be done in accordance with

EMBRAER Service Bulletin No. 110–032–

0071, Change No. 01, dated June 21, 1988.

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

EMBRAER, Av. Brig Faira Lima 2170, 12227–

901, Sao Jose dos Campos-SP, Brazil. Copies

may be inspected at the FAA, Central Region,

Office of the Regional Counsel, Room 1558,

601 E. 12th Street, Kansas City, Missouri, or

at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(f) This amendment (39–10273) supersedes

AD 87–03–10, Amendment 39–5524.

(g) This amendment (39–10273) becomes

effective on February 9, 1998.

Issued in Kansas City, Missouri, on

December 24, 1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 98–103 Filed 1–8–98; 8:45 am]

BILLING CODE 4910–13–U

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

29 CFR Part 1610

Revision of Freedom of Information

Act Regulations

AGENCY: Equal Employment

Opportunity Commission.

ACTION: Interim final rule.

SUMMARY: The Equal Employment

Opportunity Commission (EEOC) is

revising its Freedom of Information Act

(FOIA) regulations on Availability of

Records to conform with the Electronic

Freedom of Information Act

Amendments of 1996. EEOC is also

implementing a delegation of the

Regional Attorney’s FOIA

responsibilities, updating office

addresses, and correcting some

typographical errors.

DATES: This interim final rule is

effective on January 9, 1998. Comments

must be submitted on or before March

10, 1998.

ADDRESSES: Written comments should

be submitted to Frances M. Hart,