Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 / Proposed Rules 19673

dated November 5, 1997, in order to

assure the continued airworthiness of

these helicopters in France.

This helicopter model is

manufactured in France and is type

certificated for operation in the United

States under the provisions of § 21.29 of

the Federal Aviation Regulations (14

CFR 21.29) and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the DGAC has kept the FAA informed

of the situation described above. The

FAA has examined the findings of the

DGAC, 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.

Since an unsafe condition has been

identified that is likely to exist or

develop on other Eurocopter Model SA

330F, G, and J helicopters of the same

type design registered in the United

States, the proposed AD would require

a dye penetrant inspection of the

retainers for cracks prior to the first

flight of each day.

The FAA estimates that 4 helicopter

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 0.5 work hour per

helicopter to accomplish each dyepenetrant inspection, 2.0 work hours to

replace the retainers on each helicopter,

if necessary, and that the average labor

rate is $60 per work hour. Required

parts would cost approximately

$56,900. Based on these figures, the

total cost impact of the proposed AD on

U.S. operators is estimated to be

$252,080, assuming that the retainers on

the tail rotor blades are replaced on all

4 helicopters and each helicopter is dye

penetrant inspected 200 times per year.

The regulations proposed herein

would 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

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 a new airworthiness directive to

read as follows:

Eurocopter France: Docket No. 97–SW–38–

AD.

Applicability: Model SA 330F, G, and J

helicopters with tail rotor head assembly,

part number 330 A 33 0000 all dash numbers,

or 330 A 33 0001 all dash numbers, installed,

certificated in any category.

Note 1: This AD applies to each helicopter

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

helicopters that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (c) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition, or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any helicopter

from the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To detect cracks on a tail rotor shaft

flapping hinge retainer (retainer) that could

lead to high tail rotor vibrations, loss of tail

rotor control, and subsequent loss of control

of the helicopter, accomplish the following:

(a) Before further flight, and thereafter

before the first flight of each day, perform a

dye-penetrant inspection of each retainer for

cracks.

(b) If a crack is found on any retainer,

replace it with an airworthy retainer before

further flight.

Note 2: Eurocopter Service Bulletin No.

05.84, Revision No. 1, dated January 29,

1996, pertains to the subject of this AD.

(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, Rotorcraft

Standards Staff, Rotorcraft Directorate, FAA.

Operators shall submit their requests through

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Rotorcraft Standards Staff.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Rotorcraft Standards Staff.

(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 helicopter

to a location where the requirements of this

AD can be accomplished.

Note 4: The subject of this AD is addressed

in Direction Generale De L’Aviation Civile

(France) AD 96–076–075(AB)R1, dated

November 5, 1997.

Issued in Fort Worth, Texas, on April 14,

1998.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 98–10462 Filed 4–20–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–65–AD]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica, S.A.

(EMBRAER) Model 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–145

series airplanes. This proposal would

require replacement of the horizontal

stabilizer anti-icing valve with a new

anti-icing valve. This proposal also

would require reinforcement of the

insulation over the anti-icing ducts of

the horizontal stabilizer thermal antiicing system. This proposal is prompted

by issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. The

actions specified by the proposed AD

are intended to prevent failure of the
19674 Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 / Proposed Rules

horizontal stabilizer anti-icing valve,

which could cause the horizontal

stabilizer thermal anti-icing system to be

inoperative, and could result in reduced

controllability of the airplane.

DATES: Comments must be received by

May 21, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98-NM–65-

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.

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, Small

Airplane Directorate, Atlanta Aircraft

Certification Office, One Crown Center,

1895 Phoenix Boulevard, suite 450,

Atlanta, Georgia.

FOR FURTHER INFORMATION CONTACT: John

W. McGraw, 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)

703–6098; 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.

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 98-NM–65-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.

98-NM–65-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–145

series airplanes. The DAC advises that

it has received reports of failure of the

horizontal stabilizer anti-icing valve.

The cause of these failures has been

attributed to freezing of the valve

control mechanism during normal icing

conditions. The valve remains closed

when commanded to open, which could

disable the horizontal stabilizer thermal

anti-icing system. This condition, if not

corrected, could result in reduced

controllability of the airplane.

Explanation of Relevant Service

Information

EMBRAER has issued Service Bulletin

145–30–0007, dated November 13, 1997,

which describes procedures for

replacement of the horizontal stabilizer

anti-icing valve with a new anti-icing

valve, and reinforcement of the

insulation over the anti-icing ducts of

the horizontal stabilizer thermal antiicing 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 98–01–04, dated

January 15, 1998, in order to assure the

continued airworthiness of these

airplanes in Brazil.

FAA’s Conclusions

This airplane model is manufactured

in Brazil and is 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 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.

Cost Impact

The FAA estimates that 17 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 2 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Required parts

would be provided by the manufacturer

at no cost to the operators. Based on

these figures, the cost impact of the

proposed AD on U.S. operators is

estimated to be $2,040, or $120 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.

Regulatory Impact

The regulations proposed herein

would 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

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
Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 / Proposed Rules 19675

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 98–NM–65–AD.

Applicability: Model EMB–145 series

airplanes, serial numbers 145004

through 145027 inclusive, equipped

with horizontal stabilizer anti-icing

valve having part number (P/N) 329445;

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 (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 failure of the horizontal

stabilizer anti-icing valve, which could cause

the horizontal stabilizer thermal anti-icing

system to be inoperative, and could result in

reduced controllability of the airplane,

accomplish the following:

(a) Within 400 flight hours after the

effective date of this AD, replace the

horizontal stabilizer anti-icing valve with a

new anti-icing valve, and reinforce the

insulation over the anti-icing ducts of the

horizontal stabilizer thermal anti-icing

system; in accordance with EMBRAER

Service Bulletin 145–30–0007, dated

November 13, 1997.

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

person shall install on any airplane a

horizontal stabilizer anti-icing valve having

part number 329445.

(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,

Small Airplane Directorate. 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.

(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 98–01–

04, dated January 15, 1998.

Issued in Renton, Washington, on April 15,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–10468 Filed 4–20–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–63–AD]

RIN 2120–AA64

Airworthiness Directives; Saab Model

SAAB 2000 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 Saab Model SAAB 2000 series

airplanes. This proposal would require

repetitive inspections to detect chafing

of the hydraulic pipe on the emergency

uplock release system of the main

landing gear (MLG); testing of the

hydraulic pipe for leaks, if necessary;

and repair of the hydraulic pipe, if

necessary. This proposal also would

require modification of the attachment

bolt and attachment hole on the

structural panel, which would terminate

the repetitive inspection requirements

of this AD. This proposal is prompted

by issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. The

actions specified by the proposed AD

are intended to prevent chafing between

the hydraulic pipe on the emergency

uplock release system of the MLG and

an attachment bolt on a structural panel,

which could result in rupture of the

hydraulic pipe, loss of hydraulic

pressure, and consequent inability to

activate the emergency MLG extension.

DATES: Comments must be received by

May 21, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

63–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.

The service information referenced in

the proposed rule may be obtained from

Saab Aircraft AB, SAAB Aircraft

Product Support, S–581.88, Linko ̈ping,

Sweden. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

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.

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