Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations 32729

BCU) to accomplish the required

actions, at an average labor rate of $60

per work hour. Required parts will be

provided by a vendor at no charge to the

operator. Based on these figures, the

cost impact of the AD on U.S. operators

is estimated to be $49,500, or $300 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. The cost impact

figures discussed in AD rulemaking

actions represent only the time

necessary to perform the specific actions

actually required by the AD. These

figures typically do not include

incidental costs, such as the time

required to gain access and close up,

planning time, or time necessitated by

other administrative actions.

Regulatory Impact

The regulations adopted herein will

not have a substantial direct effect 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, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

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:

2001–12–13 Empresa Brasileira de

Aeronautica S.A. (EMBRAER):

Amendment 39–12268. Docket 2000–

NM–319–AD.

Applicability: Model EMB–135 and EMB–

145 series airplanes, certificated in any

category, as listed in EMBRAER Service

Bulletin 145–32–0060, Change No. 01, dated

June 6, 2000.

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

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 uncommanded application of

50 percent braking in one pair of wheels,

which could result in the airplane skidding

off the runway, accomplish the following:

Replacement

(a) Within 2,000 landings after the effective

date of this AD: Replace the brake control

unit (BCU) having part number (P/N) 42–

951–1 or 42–951–2 with a new BCU having

P/N 42–951–3 in accordance with EMBRAER

Service Bulletin 145–32–0060, Change No.

01, dated June 6, 2000.

Note 2: Replacement of the BCU before the

effective date of this AD, per EMBRAER

Service Bulletin 145–32–0060, dated May 5,

2000, is considered acceptable for

compliance with paragraph (a) of this AD.

Spares

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

person shall install on any airplane a BCU

having P/N 42–951–1 or 42–951–2.

Alternative Methods of Compliance

(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.

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 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

Special Flight Permits

(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.

Incorporation by Reference

(e) The actions shall be done in accordance

with EMBRAER Service Bulletin 145–32–

0060, Change No. 01, dated June 6, 2000,

which contains the following list of effective

pages:

Page No.

Change

level shown

on page

Date shown on

page

1–4 ............ 01 ............... June 6, 2000.

5–10 .......... Original ....... May 5, 2000.

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, 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 4: The subject of this AD is addressed

in Brazilian airworthiness directive 2000–07–

01, dated August 20, 2000.

Effective Date

(f) This amendment becomes effective on

July 23, 2001.

Issued in Renton, Washington, on June 8,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–15090 Filed 6–15–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–273–AD; Amendment

39–12267; AD 2001–12–12]

RIN 2120–AA64

Airworthiness Directives;

Construcciones Aeronauticas, S.A.

(CASA) Model CN–235 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

32730 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations

applicable to certain CASA Model CN–

235 series airplanes, that requires

installation of fuselage skin

reinforcements in the right and left

zones of the fuselage between stations

11232 and 11740 and stringers P7 and

P9. The actions specified by this AD are

intended to prevent premature fatigue

cracking of the fuselage, which could

result in reduced structural integrity of

the airplane. This action is intended to

address the identified unsafe condition.

DATES: Effective July 23, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 23,

2001.

ADDRESSES: The service information

referenced in this AD may be obtained

from Construcciones Aeronauticas, S.A.,

Getafe, Madrid, Spain. 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: Dan

Rodina, Aerospace Engineer,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2125;

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 CASA

Model CN–235 series airplanes was

published in the Federal Register on

April 10, 2001 (66 FR 18573). That

action proposed to require installation

of fuselage skin reinforcements in the

right and left zones of the fuselage

between stations 11232 and 11740 and

stringers P7 and P9.

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 one Model

CN–235 series airplane of U.S. registry

will be affected by this AD, that it will

take approximately 45 work hours per

airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Required parts

will cost approximately $130 per

airplane. Based on these figures, the cost

impact of the AD on U.S. operators is

estimated to be $2,830.

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. The cost impact

figures discussed in AD rulemaking

actions represent only the time

necessary to perform the specific actions

actually required by the AD. These

figures typically do not include

incidental costs, such as the time

required to gain access and close up,

planning time, or time necessitated by

other administrative actions.

Regulatory Impact

The regulations adopted herein will

not have a substantial direct effect 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, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

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:

2001–12–12 Construcciones Aeronauticas,

S.A. (CASA): Amendment 39–12267.

Docket 2000–NM–273–AD.

Applicability: Model CN–235 series

airplanes, serial numbers C–041 and C–042,

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 fatigue cracking of the fuselage,

which could result in reduced structural

integrity of the airplane, accomplish the

following:

Reinforcement of Fuselage Skin

(a) Prior to the accumulation of 15,000 total

flight cycles, install fuselage skin

reinforcements between stations 11232 and

11740 and stringers P7 and P9, on both the

right and left zones of the fuselage, in

accordance with CASA Service Bulletin SB–

235–53–40, dated June 16, 1994.

Alternative Methods of Compliance

(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, Transport

Airplane Directorate, FAA. 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.

Special Flight Permits

(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.

Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations 32731

Incorporation by Reference

(d) The actions shall be done in accordance

with CASA Service Bulletin SB–235–53–40,

dated June 16, 1994. 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 Construcciones Aeronauticas,

S.A., Getafe, Madrid, Spain. 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 Spanish airworthiness directive 01/2000,

dated March 22, 2000.

Effective Date

(e) This amendment becomes effective on

July 23, 2001.

Issued in Renton, Washington, on June 8,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–15089 Filed 6–15–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 01–AWP–17]

Establishment of a Class E Enroute

Domestic Airspace Area, Kingman, AZ

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule, request for

comments.

SUMMARY: This action establishes a Class

E enroute domestic airspace area

beginning at 1,200 feet above ground

level (AGL) in the vicinity of Kingman,

AZ, to replace existing Class G

uncontrolled airspace.

DATES: Effective Date: 0901 UTC

September 6, 2001.

Comment date: Comments for

inclusion in the Rules Docket must be

received on or before July 18, 2001.

ADDRESSES: Send comments on the

direct final rule in triplicate to: Federal

Aviation Administration, Attn:

Manager, Airspace Branch, AWP–520,

Docket No. 01–AWP–17, Air Traffic

Division, P.O. Box 92007, Worldway

Postal Center, Los Angeles, California

90009.

The official docket may be examined

in the Office of the Assistant Chief

Counsel, Western-Pacific Region,

Federal Aviation Administration, Room

6007, 15000 Aviation Boulevard,

Lawndale, California 90261.

An informal docket may also be

examined during normal business hours

at the Office of the Manager, Airspace

Branch, Air Traffic Division at the above

address.

FOR FURTHER INFORMATION CONTACT:

Larry Tonish, Air Traffic Division,

Airspace Specialist, AWP–520, WesternPacific Region, Federal Aviation

Administration, 15000 Aviation

Boulevard, Lawndale, California 90261,

telephone (310) 725–6539.

SUPPLEMENTARY INFORMATION: This

action will establish a Class E enroute

domestic airspace area with a base

altitude of 1,200 feet AGL west of

Kingman, AZ. A review of the airspace

associated with the development of Las

Vegas McCarran International Airport

arrival routes revealed large areas of

uncontrolled (Class G) airspace. Because

this airspace is Class G (uncontrolled)

below 14,500 feet mean seal level

(MSL), the Los Angeles Air Route

Traffic Control Center (ARTCC) cannot

use nor provide air traffic services

within this airspace for arrivals into Las

Vegas McCarran International Airport.

En route domestic airspace areas are

intended to create controlled airspace in

those areas where there is a requirement

to provide Instrument Flight Rules (IFR)

en route air traffic control services but

the Federal airway segment is

inadequate. The intended effect of this

action is to establish adequate Class E

controlled airspace for IFR aircraft

arriving Las Vegas McCarran

International Airport. Class E enroute

domestic airspace areas are published in

Paragraph 6006 of FAA Order 7400.9H

dated September 1, 2000, and effective

September 16, 2000, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document would be

published in this Order.

The Direct Final Rule Procedure

The FAA anticipates that this

regulation will not result in adverse or

negative comment and therefore is

issuing it as a direct final rule. Unless

a written adverse or negative comment,

or a written notice of intent to submit

an adverse or negative comment is

received within the comment period,

the regulation will become effective on

the date specified above. After the close

of the comment period, the FAA will

publish a document in the Federal

Register indicating that no adverse or

negative comments were received and

conforming the date on which the final

rule will become effective. If the FAA

does receive, within the comment

period, an adverse or negative comment,

or written notice of intent to submit

such a comment, a document

withdrawing the direct final rule will be

published in the Federal Register, and

a notice of proposed rulemaking may be

published with a new comment period.

Comments Invited

Although this action is in the form of

a final rule and was not preceded by a

notice of proposed rulemaking,

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

should 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 or withdrawn

in light of the comments received.

Factual information that supports the

commenter’s ideas and suggestions is

extremely helpful in evaluating the

effectiveness of this 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

action 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 No. 01–AWP–17.’’ The postcard

will be date stamped and returned to the

commenter.

Agency Findings

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 noncontroversial and

unlikely to result in adverse or negative

comments. For the reasons discussed in

the preamble, this regulation only