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
Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations 34559

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:

98–13–16 Empresa Brasileira de

Aeronautica S.A. (EMBRAER):

Amendment 39–10604. 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.

(e) The actions shall be done in accordance

with EMBRAER Service Bulletin 145–30–

0007, dated November 13, 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 98–01–

04, dated January 15, 1998.

(f) 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. 98–16051 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–66–AD; Amendment

39–10605; AD 98–13–17]

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 EMB–

145 series airplanes, that requires

modification of the windshield heating

system in the flight compartment. This

amendment is prompted by reports of

overheating and delamination of the

windshield because the windshield

heating system failed to shut off during

flight. The action specified by this AD

is intended to prevent failure of the

windshield heating system, which could

result in reduced pilot visibility,

structural degradation of the

windshield, and depressurization of the

airplane during flight.

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, Small Airplane Directorate,

Atlanta Aircraft Certification Office,

One Crown Center, 1895 Phoenix

Boulevard, suite 450, Atlanta, Georgia

30337–2748; telephone (770) 703–6098;

fax (770) 703–6097.