34274 Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations

NSC 02, dated May 8, 1998, and NSC 03,

dated May 9, 1998; include the serial number

of the airplane, the number of total flight

hours and flight cycles accumulated on the

airplane, and the location of the electrical

cable on the airplane.

(2) For airplanes that are inspected after

the effective date of this AD, submit the serial

number of the airplane, the number of total

flight hours and flight cycles accumulated on

the airplane, and the location of the electrical

cable on the airplane to the Manager, Seattle

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington 98055–

4056; fax (425) 227–1181.

(l)(1) 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

ACO. Operators shall submit their requests

through an appropriate FAA Principal

Maintenance Inspector, who may add

comments and then send it to the Manager,

Seattle ACO.

(l)(2) Alternative methods of compliance,

approved previously in accordance with

telegraphic AD T98–10–51 or telegraphic AD

T98–11–51 are approved as alternative

methods of compliance with this AD.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(m) 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.

(n) The actions shall be done in accordance

with Boeing Alert Service Bulletin 737–

28A1120, dated April 24, 1998, as revised by

Notices of Status Change NSC 01, dated May

7, 1998, NSC 02, dated May 8, 1998, and NSC

03, dated May 9, 1998. 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 Boeing Commercial Airplane

Group, P.O. Box 3707, Seattle, Washington

98124–2207. 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.

(o) This amendment becomes effective on

June 29, 1998, to all persons except those

persons to whom it was made immediately

effective by telegraphic AD T98–11–52,

issued on May 14, 1998, which contained the

requirements of this amendment.

Issued in Renton, Washington, on June 12,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–16308 Filed 6–23–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–181–AD; Amendment

39–10625; AD 98–13–34]

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; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to all EMBRAER Model

EMB–145 series airplanes. This action

requires repetitive emergency extension

(free-fall) functional tests of the nose

landing gear (NLG), and lubrication of

all NLG hinge points, to ensure that the

NLG extends and locks down properly;

and corrective action, if necessary. This

amendment is prompted by issuance of

mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified in this AD are intended to

prevent failure of the NLG to extend and

lock down properly, which could result

in damage to the airplane structure, and

consequent reduced controllability of

the airplane upon landing.

DATES: Effective July 9, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 9, 1998.

Comments for inclusion in the Rules

Docket must be received on or before

July 24, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

181–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

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

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.

FOR FURTHER INFORMATION CONTACT:

Curtis Jackson, Aerospace Engineer,

Airframe and Propulsion Branch, ACE–

117A, FAA, Small Airplane Directorate,

Atlanta Aircraft Certification Office,

One Crown Center, 1895 Phoenix

Boulevard, suite 450, Atlanta, Georgia

30349; telephone (770) 703–6083; fax

(770) 703–6097.

SUPPLEMENTARY INFORMATION: The

Departmento de Aviacao Civil (DAC),

which is the airworthiness authority for

Brazil, recently notified the FAA that an

unsafe condition may exist on all

EMBRAER Model EMB–145 series

airplanes. The DAC advises that it has

received a report indicating that the

nose landing gear (NLG) on a Model

EMB–145 series airplane failed to

extend and lock down upon landing,

even after accomplishment of the

procedures for abnormal emergency

landing gear extension by the override

switch and free-fall mechanism. As a

result, the airplane landed with the NLG

not fully locked in the down position,

which resulted in minor damage to the

airplane structure. The exact cause of

the failure of the NLG to extend and

lock down properly has not been

determined at this time. This condition,

if not corrected, could result in damage

to the airplane structure, and

consequent reduced controllability of

the airplane upon landing.

Explanation of Relevant Service

Information

EMBRAER has issued Alert Service

Bulletin 145–32-A029, dated April 15,

1998, which describes procedures for

performing repetitive emergency

extension (free-fall) functional tests of

the NLG, and lubrication of all NLG

hinge points, to ensure that the NLG

extends and locks down properly; and

corrective action, if necessary.

Corrective actions include performing a

normal system functional test of the

NLG for five cycles, and repeating the

emergency extension functional test of

the NLG.

EMBRAER Alert Service Bulletin

145–32-A029, dated April 15, 1998,

references two chapters in the

EMBRAER Aircraft Maintenance

Manual (AMM) as additional sources of

information to accomplish the

functional test procedures. Chapter 32–

34–00 of the AMM describes procedures

for the emergency extension (free-fall)

functional test, and Chapter 32–30–00 of

the AMM describes procedures for the

normal system functional extension test.

The DAC classified this alert service

bulletin as mandatory and issued
Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations 34275

Brazilian airworthiness directive 98–05–

01, dated May 12, 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 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, this AD is being issued to

prevent failure of the NLG to extend and

lock down properly, which could result

in damage to the airplane structure, and

consequent reduced controllability of

the airplane upon landing. This AD

requires accomplishment of the actions

specified in the alert service bulletin

described previously, except as

described below.

Differences Between the AD and the

Relevant Service Information

Operators should note that, although

the alert service bulletin recommends

accomplishment of the emergency

extension functional test of the NLG and

lubrication of the NLG within 100 flight

hours (after the release of the alert

service bulletin), the FAA has

determined that an interval of 50 flight

hours after the effective date of this AD

is a more appropriate compliance time

for this AD. In consonance with the

DAC, the FAA has determined that,

because of the safety implications and

consequences of possible failure of the

NLG to extend and lock down properly

upon landing, it is necessary to require

a shorter compliance time to ensure the

continued operational safety of the fleet.

Operators also should note that the

Brazilian airworthiness directive and

the EMBRAER alert service bulletin

specify that if any discrepancy is found

on an airplane, it should be reported

immediately to the manufacturer to

await instructions before the airplane is

returned to service. However, in light of

the type of corrective action required to

address the identified unsafe condition,

and in consonance with existing

bilateral airworthiness agreements, the

FAA has determined that for this AD,

corrective action approved by either the

FAA or the DAC (or its delegated agent)

is acceptable for compliance with this

AD.

In addition, operators should note

that the alert service bulletin specifies

that corrective actions be accomplished

if the NLG extension time exceeds by

more than 10 seconds the time limit

specified in EMBRAER AMM, chapter

32–34–00. However, the FAA has

determined that an additional 10-second

time limit is not appropriate, and that it

is necessary to limit the time allowed

for the functional test to a 30-second

total time limit to ensure continued

operational safety of the fleet.

Interim Action

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

further rulemaking.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this 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

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the 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 that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 98-NM–181-AD.’’ The

postcard will be date stamped and

returned to the commenter.

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.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, 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.
34276 Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

98–13–34 Empresa Brasileira de

Aeronautica S.A. (EMBRAER):

Amendment 39–10625. Docket 98-NM–

181-AD.

Applicability: All Model EMB–145 series

airplanes, 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 failure of the nose landing gear

(NLG) to extend and lock down properly,

which could result in damage to the airplane

structure, and consequent reduced

controllability of the airplane upon landing,

accomplish the following:

(a) Within 50 flight hours after the effective

date of this AD, perform an emergency

extension (free-fall) functional test of the

NLG, to ensure that the mechanism extends

and locks down properly, in accordance with

EMBRAER Alert Service Bulletin 145–32-

A029, dated April 15, 1998. Repeat the

functional test and lubrication procedures

thereafter at intervals not to exceed every

‘‘A’’ check, but no later than 400 flight

cycles.

Note 2: The alert service bulletin references

EMBRAER Aircraft Maintenance Manual

(AMM), Chapter 32–34–00, as an additional

source of service information for

accomplishment of the emergency extension

functional test.

(1) If the extension time of the landing gear

is within 30 seconds, prior to further flight,

lubricate all NLG hinge points in accordance

with Figure 1 of the Accomplishment

Instructions of the alert service bulletin.

(2) If the extension time of the landing gear

exceeds 30 seconds, prior to further flight,

accomplish the requirements of paragraphs

(a)(2)(i) and (a)(2)(ii) of this AD.

(i) Lubricate all NLG hinge points in

accordance with Figure 1 of the

Accomplishment Instructions of the alert

service bulletin. And

(ii) Perform a normal system functional test

of the NLG for five cycles, and repeat the

emergency extension functional test specified

by paragraph (a) of this AD. If the extension

and locking time still exceeds 30 seconds,

prior to further flight, repair in accordance

with a method approved by either the

Manager, Atlanta Aircraft Certification Office

(ACO), FAA, Small Airplane Directorate, or

the Departmento de Aviacao Civil (DAC) (or

its delegated agent).

Note 3: The alert service bulletin references

EMBRAER AMM, Chapter 32–30–00, as an

additional source of service information for

accomplishment of the normal system

functional test.

(3) If any malfunction other than that

specified in paragraph (a)(2) of this AD is

detected, prior to further flight, repair in

accordance with a method approved by the

Manager, Atlanta ACO, or the DAC (or its

delegated agent).

(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

ACO. 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 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

(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) The tests and lubrication shall be done

in accordance with EMBRAER Alert Service

Bulletin 145–32–A029, dated April 15, 1998.

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 5: The subject of this AD is addressed

in Brazilian airworthiness directive 98–05–

01, dated May 12, 1998.

(e) This amendment becomes effective on

July 9, 1998.

Issued in Renton, Washington, on June 16,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–16497 Filed 6–23–98; 8:45 am]

BILLING CODE 4910–13–U

UNITED STATES INFORMATION

AGENCY

22 CFR Part 514

Exchange Visitor Program

AGENCY: United States Information

Agency.

ACTION: Notice of suspension of

applicability of certain requirements.

SUMMARY: The Agency is temporarily

suspending the application of certain

requirements governing program status

and on-campus and off-campus

employment for J–1 students whose

means of financial support, as reflected

on their Form IAP–66, Certificate of

Eligibility for Exchange Visitor Status, is

from Indonesia, South Korea, Malaysia,

Thailand, or the Philippines. This

action is necessary to mitigate the

adverse impact upon these students due

to the sharp and sudden drop in the

value of the currencies of Indonesia,

South Korea, Malaysia, Thailand, and

the Philippines.

DATES: This action is effective June 24,

1998 and will remain in effect until

rescinded.

FOR FURTHER INFORMATION CONTACT:

Sally Lawrence, Program Designation

Branch Chief, Office of Exchange Visitor

Program Services, United States

Information Agency, 301 4th Street, SW,

Washington, DC 20547; Telephone (202)

401–9823.

SUPPLEMENTARY INFORMATION: Over the

past several months, the currencies of

Indonesia, South Korea, Malaysia,

Thailand, and the Philippines have

suffered a severe drop in value relative

to the United States dollar. This

economic crisis in their home countries

has in turn affected Exchange Visitor

Program college and university students

studying in the United States. These

students, many of whom are dependent

upon financial support originating in

their home country have found

themselves without funds. To

ameriolate the hardship arising from

this lack of financial support and

facilitate these students continued

studies, the Agency is suspending the

application of the full course of study

requirement set forth at 22 CFR

514.23(e) and the application of the

requirements governing student

employment set forth at 22 CFR

514.23(g) effective June 24, 1998 until

rescinded.

College and university students in J–

1 status whose means of financial

support comes from Indonesia, South

Korea, Malaysia, Thailand, or the

Philippines and whose financial

support has been disrupted, reduced, or

eliminated due to the economic crisis in

their home country may be authorized

to pursue full-time or part-time oncampus or off-campus employment by

their responsible officers. A reduction in

course load may be necessary for some

students due to employment and

accordingly, such students will be