32728 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations

2.b. Control of EVS display brightness

must be sufficiently effective, in

dynamically changing background

(ambient) lighting conditions, to prevent

full or partial blooming of the display

that would distract the pilot, impair the

pilot’s ability to detect and identify

visual references, mask flight hazards,

or otherwise degrade task performance

or safety. If automatic control for image

brightness is not provided, it must be

shown that a single manual setting is

satisfactory.

2.c. A readily accessible control must

be provided that permits the pilot to

immediately deactivate and reactivate

display of the EVS image on demand.

2.d. The EVS image on the HUD must

not impair the pilot’s use of guidance

information nor degrade the

presentation and pilot awareness of

essential flight information displayed on

the HUD, such as alerts, airspeed,

attitude, altitude and direction,

approach guidance, windshear

guidance, TCAS resolution advisories,

and unusual attitude recovery cues.

2.e. The EVS image must be

sufficiently aligned and conformal to

both the external scene and conformal

HUD symbology so as not to be

misleading, cause pilot confusion, or

increase workload.

2.f. A HUD system modified to

display EVS images must continue to

meet all the requirements of the original

approval.

3. The safety and performance of the

pilot tasks associated with the use of the

pilot compartment view must be not be

degraded by the display of the EVS

image. Pilot tasks that must not be

degraded by the EVS image include:

3.a. Detection, accurate identification,

and maneuvering, as necessary, to avoid

traffic, terrain, obstacles, and other

hazards of flight.

3.b. Accurate identification and use of

visual references required for every task

relevant to the phase of flight.

4. Compliance with these special

conditions does not affect the

applicability of any of the requirements

in the operating regulations (e.g., parts

91, 121, 135). The criteria in special

conditions paragraphs 1., 2., and 3. were

developed to determine that this EVS is

of a kind and design appropriate to the

following functions:

4.a. Presenting an image that would

aid the pilot during the approach.

4.b. Displaying an image that the pilot

can use to detect and identify the

‘‘visual references for the intended

runway’’ required by § 91.175(c)(3) to

continue the approach with vertical

guidance to 100 feet height above

touchdown (HAT). Appropriate

limitations must be included in the

Operating Limitations section of the

Airplane Flight Manual to prohibit the

use of the EVS for functions not found

to be acceptable.

Issued in Renton, Washington, on June 8,

2001.

Ali Bahrami,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–15333 Filed 6–15–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–319–AD; Amendment

39–12268; AD 2001–12–13]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A.

(EMBRAER) Model EMB–135 and

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–135 and EMB’145 series airplanes,

that requires replacement of certain

brake control units (BCU) with new

units. The actions specified by this AD

are intended to prevent uncommanded

application of 50 percent braking in one

pair of wheels, which could result in the

airplane skidding off the runway. 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 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, 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:

Robert Capezzuto, 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)

703–6071; 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–135 and EMB’145 series

airplanes was published in the Federal

Register on November 13, 2000 (65 FR

67663). That action proposed to require

replacement of certain brake control

units (BCU) with new units.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

Add Service Information

The commenter states that EMBRAER

Service Bulletin 145–32–0060, dated

May 5, 2000, should be included in the

final rule as an additional source of

service information for previous

accomplishment of the specified

actions. EMBRAER Service Bulletin

145–32–0060, Change No. 01, dated

June 6, 2000, was listed as the source of

service information for accomplishment

of the actions specified in the proposed

rule. The commenter states that the

difference between the original issue

and Change No. 01 of the service

bulletin is administrative in nature.

The FAA agrees with the commenter

that the original issue is essentially the

same as Change No. 01 of the service

bulletin. We have added a new Note 2

to the final rule which clarifies that

previous accomplishment of the actions

per the original issue of the service

bulletin meets the requirements of this

final rule.

Conclusion

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the change

described previously. The FAA has

determined that this change will neither

increase the economic burden on any

operator nor increase the scope of the

AD.

Cost Impact

The FAA estimates that 165 Model

EMB–135 and EMB–145 series airplanes

of U.S. registry will be affected by this

AD. It will take approximately 5 work

hours per airplane (2.5 work hours per

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),