34556 Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations

Cost Impact

The FAA estimates that 60 airplanes

in the U.S. registry will be affected by

this AD, that it will take approximately

1 workhour per airplane to accomplish

this action, and that the average labor

rate is approximately $60 an hour.

Materials for marking the airspeed

indicator can be obtained locally at

minimal cost. Based on these figures,

the total cost impact of this AD on U.S.

operators is estimated to be $3,600, or

$60 per airplane.

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

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

adding a new airworthiness directive

(AD) to read as follows:

98–13–09 AERMACCHI S.P.A.:

Amendment 39–10597; Docket No. 97–

CE–143–AD.

Applicability: Models F.260, F.260B,

F.260C, and F.260D airplanes, serial numbers

001 through 848, 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 within the next 100

hours time-in-service (TIS) after the effective

date of this AD, unless already accomplished.

To prevent the airplane from stalling at an

airspeed higher than anticipated, which

could result in loss of control of the airplane,

accomplish the following:

(a) Mark the airspeed indicator with a

black arc between the numbers 0 and 63.5 in

accordance with the Instructions section of

SIAI Marchetti S.p.A Service Bulletin No.

260B54, dated May 28, 1993. All other

operating ranges on the airspeed indicator are

correct.

Note 2: Although the SIAI Marchetti S.p.A.

service bulletin referenced above calls out all

of the operating ranges indicated on the

airspeed indicator, it is the FAA’s intent in

this AD to focus only on the flap operating

range.

(b) 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.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Small Airplane

Directorate, 1201 Walnut, suite 900, Kansas

City, Missouri 64106. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(d) Questions or technical information

related to SIAI Marchetti Service Bulletin No.

260B54, dated May 28, 1993, should be

directed to AERMACCHI, Product Support,

Via Indipendenza 2, 21018 Sesto Calende

(VA), Italy; telephone: +39–331–929117;

facsimile: +39–331–922525. This service

information may be examined at the FAA,

Central Region, Office of the Regional

Counsel, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

(e) The modification required by this AD

shall be done in accordance with SIAI

Marchetti Service Bulletin No. 260B54, dated

May 28, 1993. 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 AERMACCHI, Product

Support, Via Indipendenza 2, 21018 Sesto

Calende (VA), Italy. 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.

Note 4: The subject of this AD is addressed

in Italian AD 93–220, dated July 29, 1993.

(f) This amendment becomes effective on

August 1, 1998.

Issued in Kansas City, Missouri, on June 9,

1998.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 98–16021 Filed 6–24–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–250–AD; Amendment

39–10602; AD 98–13–14]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A320 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Airbus Model

A320 series airplanes, that requires

repetitive rotating probe inspections of

fastener holes and/or the adjacent

tooling hole of a former junction of the

aft fuselage, and corrective action, if

necessary. This amendment also

provides for optional terminating action

for the repetitive inspections. 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 reduced structural integrity of

the aft fuselage caused by fatigue

cracking of the former junction at frame

68.

DATES: Effective July 30, 1998.
Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations 34557

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 30,

1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from Airbus Industrie, 1 Rond Point

Maurice Bellonte, 31707 Blagnac Cedex,

France. 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 Office of the

Federal Register, 800 North Capitol

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

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: 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 Airbus

Model A320 series airplanes was

published in the Federal Register on

April 20, 1998 (63 FR 19421). That

action proposed to require repetitive

rotating probe inspections of fastener

holes and/or the adjacent tooling hole of

a former junction of the aft fuselage, and

corrective action, if necessary. That

action also provided for optional

terminating action for the repetitive

inspections.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the two

comments received.

The commenters support the

proposed rule.

Conclusion

After careful review of the available

data, including the comments 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 10 Airbus

Model A320 series airplanes of U.S.

registry will be affected by this AD.

Should an operator be required to

accomplish the inspection of the

fastener holes and the adjacent tooling

hole, it will take approximately 8 work

hours per airplane to accomplish this

inspection, at an average labor rate of

$60 per work hour. Based on these

figures, the cost impact of this

inspection required by this AD on U.S.

operators is estimated to be $480 per

airplane, per inspection cycle.

Should an operator be required to

accomplish the inspection of only the

tooling hole, it will take approximately

3 work hours per airplane to accomplish

this inspection, at an average labor rate

of $60 per work hour. Based on these

figures, the cost impact of this

inspection required by this AD on U.S.

operators is estimated to be $180 per

airplane, per inspection cycle.

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.

Should an operator elect to

accomplish the optional terminating

action specified in this AD, it would

take approximately 9 work hours to cold

work the fastener holes and tooling

hole, or 3 work hours to cold work

(only) the tooling hole. The average

labor rate is $60 per work hour. Based

on these figures, the cost impact of the

optional terminating action would be

$540 per airplane for cold working the

fastener hole and tooling holes, or $180

per airplane for cold working (only) the

tooling hole.

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:

98–13–14 Airbus Industrie: Amendment 39–

10602. Docket 97–NM–250–AD.

Applicability: Model A320 series airplanes,

as listed in Airbus Service Bulletins A320–

53–1089 and A320–53–1090, both dated

November 22, 1995; on which Airbus

Modifications 21780 and 21781 (reference

Airbus Service Bulletin A320–53–1090) have

not been installed; certificated in any

category.

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 detect and correct fatigue cracking of

the former junction at frame 68, which could

result in reduced structural integrity of the

aft fuselage, accomplish the following:

(a) Prior to the accumulation of 20,000 total

flight cycles, or within 500 flight cycles after

the effective date of this AD, whichever

occurs later, perform a rotating probe

inspection for fatigue cracking of the fastener

holes and/or the adjacent tooling hole, as

applicable, of the right- and left-hand former

junctions at frame 68, in accordance with

Airbus Service Bulletin A320–53–1089,

dated November 22, 1995.

(1) If no crack is detected, accomplish

either paragraph (a)(1)(i) or (a)(1)(ii) of this

AD.

(i) Repeat the inspection thereafter at

intervals not to exceed 20,000 flight cycles.

Or
34558 Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations

(ii) Prior to further flight following the

accomplishment of the inspection required

by paragraph (a) of this AD, cold work the

fastener holes and/or the adjacent tooling

hole of the right- and left-hand former

junctions at frame 68, as applicable, in

accordance with Airbus Service Bulletin

A320–53–1090, dated November 22, 1995.

Accomplishment of this cold working

constitutes terminating action for the

repetitive inspections required by this AD.

(2) If any crack is detected, prior to further

flight, repair it in accordance with a method

approved by the Manager, International

Branch, ANM–116, FAA, Transport Airplane

Directorate.

(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. 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 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(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) Except as provided by paragraph (a)(2)

of this AD, the actions shall be done in

accordance with Airbus Service Bulletin

A320–53–1089, dated November 22, 1995

and Airbus Service Bulletin A320–53–1090,

dated November 22, 1995. 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 3: The subject of this AD is addressed

in French airworthiness directive 96–298–

093(B)R1, dated January 29, 1997.

(e) This amendment becomes effective on

July 30, 1998.

Issued in Renton, Washington, on June 11,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–16053 Filed 6–24–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–65–AD; Amendment

39–10604; AD 98–13–16]

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 the horizontal stabilizer

anti-icing valve with a new anti-icing

valve. This amendment also requires

reinforcement of the insulation over the

anti-icing ducts of the horizontal

stabilizer thermal anti-icing system.

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 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.

DATES: Effective July 30, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 30,

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: 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: 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

April 21, 1998 (63 FR 19673). That

action proposed to require replacement

of the horizontal stabilizer anti-icing

valve with a new anti-icing valve. That

action also proposed to require

reinforcement of the insulation over the

anti-icing ducts of the horizontal

stabilizer thermal anti-icing system.

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 17 airplanes

of U.S. registry will be affected by this

AD, that it will take approximately 2

work hours per airplane to accomplish

the required actions, and that the

average labor rate is $60 per work hour.

Required parts will be provided by the

manufacturer at no cost to the operators.

Based on these figures, the cost impact

of the 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 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