27676 Federal Register / Vol. 63, No. 97 /Wednesday, May 20, 1998 /Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–34–AD; Amendment

39–10536; AD 98–11–09]

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

a one-time visual inspection of the pilot

valve harness tubes for bulges and

cracks, cleaning the tubes, applying

sealant at the tube end opening, and

replacing any discrepant tubes with

serviceable tubes. This amendment also

requires replacement of the pilot valve

harness tubes and vent valve tubes with

new tubes having improved anticorrosion protection. This amendment

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 cracking of the pilot

valve harness tubes, which could allow

fuel to enter the conduit and leak

overboard; this condition could result in

increased risk of a fuel tank explosion

and fire.

DATES: Effective June 24, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 24,

1998.

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, Small

Airplane Directorate, 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: Rob

Capezzuto, Aerospace Engineer, ACE–

115A, FAA, Small Airplane Directorate,

Atlanta Aircraft Certification Office,

One Crown Center, 1895 Phoenix

Boulevard, suite 450, Atlanta, Georgia

30337–2748; 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

March 27, 1998 (63 FR 14853). That

action proposed to require a one-time

visual inspection of the pilot valve

harness tubes for bulges and cracks,

cleaning the tubes, applying sealant at

the tube end opening, and replacing any

discrepant tubes with serviceable tubes.

That action also proposed to require

replacement of the pilot valve harness

tubes and vent valve tubes with new

tubes having improved anti-corrosion

protection.

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 15 airplanes

of U.S. registry will be affected by this

AD.

It will take approximately 2 work

hours per airplane to accomplish the

required inspection, at an average labor

rate of $60 per work hour. Based on

these figures, the cost impact of the

inspection required by this AD on U.S.

operators is estimated to be $1,800, or

$120 per airplane.

It will take approximately 8 work

hours per airplane to accomplish the

required replacement, at an average

labor rate of $60 per work hour.

Required parts will be provided by the

manufacturer at no cost to the operator.

Based on these figures, the cost impact

of the replacement required by this AD

on U.S. operators is estimated to be

$7,200, or $480 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.

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 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:

98–11–09 Empresa Brasileira De

Aeronautica S.A. (Embraer):

Amendment 39–10536. Docket 98–NM–

34–AD.

Applicability: Model EMB–145 series

airplanes; as listed in EMBRAER Service

Bulletin 145–28–0005, dated May 23, 1997,

and EMBRAER Service Bulletin 145–28–

0006, dated October 22, 1997; 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
Federal Register / Vol. 63, No. 97 /Wednesday, May 20, 1998 /Rules and Regulations 27677

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 cracking of the pilot valve

harness tubes, which could allow fuel to

enter the conduit and leak overboard, and

result in increased risk of a fuel tank

explosion and fire, accomplish the following:

(a) Within 30 calendar days or 200 hours

time-in-service after the effective date of this

AD, whichever occurs later, perform a onetime visual inspection of the pilot valve

harness tubes (conduit) for bulges and cracks,

in accordance with the Accomplishment

Instructions of EMBRAER Service Bulletin

145–28–0005, dated May 23, 1997.

(1) If no discrepancy is found in the

harness tube, prior to further flight, clean the

tube and apply sealant at the tube end

opening in accordance with the service

bulletin.

(2) If any crack or bulge is found in the

harness tube, prior to further flight, replace

the tube with a new or serviceable tube, clean

the tube, and apply sealant at the tube end

opening in accordance with the service

bulletin.

(b) Within 4,000 hours time-in-service after

the effective date of this AD, replace the

existing pilot valve harness tubes and vent

valve tubes with new tubes, in accordance

with EMBRAER Service Bulletin 145–28–

0006, dated October 22, 1997.

(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.

(e) The actions shall be done in accordance

with EMBRAER Service Bulletin 145–28–

0005, dated May 23, 1997, and EMBRAER

Service Bulletin 145–28–0006, dated October

22, 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, Small Airplane

Directorate, 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 97–07–

02R1, dated January 15, 1998.

(f) This amendment becomes effective on

June 24, 1998.

Issued in Renton, Washington, on May 13,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–13313 Filed 5–19–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Parts 202, 216, and 250

RIN 1010–AC23

Royalties on Gas, Gas Analysis

Reports, Oil and Gas Production

Measurement, Surface Commingling,

and Security

AGENCY: Minerals Management Service

(MMS), Interior.

ACTION: Final rulemaking; corrections.

SUMMARY: MMS published in the

Federal Register of May 12, 1998, a final

rule commonly known as the ‘‘GVS

rule’’ that updated production

measurement, surface commingling, and

security requirements and made other

amendments. The final rule was to

become effective on July 13, 1998. This

document corrects the effective date and

makes two other technical corrections to

the final rule. The rule will become

effective on June 29, 1998.

EFFECTIVE DATES: The rule published on

May 12, 1998 (63 FR 26362) is effective

May 12, 1998.

FOR FURTHER INFORMATION CONTACT:

Kumkum Ray, Engineering and

Operations Division at (703) 787–1600.

SUPPLEMENTARY INFORMATION: MMS

needs the correction to the effective date

of the GVS rule to ensure that the

revised title 30 of the Code of Federal

Regulations slated for publication on

July 1, 1998 (i.e., the bound volume)

includes the new numbering system in

the final rule entitled, ‘‘Redesignation of

30 CFR Part 250’’ which follows the

GVS final rule. We are also making two

corrections: (1) A paragraph numbering

correction and (2) a correction to specify

a regulatory citation. In the final rule FR

Doc. 98–3533, published in the issue of

Tuesday, May 12, 1998, make the

following corrections.

Corrections

1. On page 26362 in the preamble the

effective date is corrected to read as

follows:

[EFFECTIVE DATES: June 29, 1998]. The

Director of the Federal Register has

approved the incorporation by reference

of certain publications listed in the

regulations as of June 29, 1998.

2. On page 26367 in the third column

in § 250.1(a) on the third line

‘‘paragraph (d)’’ is corrected to read

‘‘paragraph (e).’’

3. On page 26372 in the third column

in § 250.182(g) at the end of the

introductory text, ‘‘30 CFR 250, Subpart

A:’’ is corrected to read ‘‘30 CFR 250.1:’’

Dated: May 13, 1998.

E.P. Danenberger,

Chief, Engineering and Operations Divisions.

[FR Doc. 98–13275 Filed 5–19–98; 8:45 am]

BILLING CODE 4310–MR–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 Part 199

RIN 0720–AA43

[DoD 6010.8–R]

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS);

Waiver of Collection of Payments Due

From Certain Persons Unaware of

Loss of CHAMPUS Eligibility

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

SUMMARY: This final rule authorizes the

waiver of collection of payments due

from individuals who lost their

CHAMPUS eligibility when they

became eligible for Medicare Part A, due

to disability or end stage renal disease.

EFFECTIVE DATE: This final rule is

effective June 19, 1998.

ADDRESSES: TRICARE Management

Activity, 1B657 Pentagon, Washington,

DC 20301–1200.

FOR FURTHER INFORMATION CONTACT:

Cynthia P. Speight, TRICARE

Management Activity, (703) 697–8975.

SUPPLEMENTARY INFORMATION:

I. Overview of the Final Rule

Formerly, under Title 10 United

States Code, Section 1086(d), a

beneficiary lost eligibility for

CHAMPUS when he or she became

eligible for Medicare Part A, including

when eligibility was due to disability or