[Federal Register Volume 64, Number 86 (Wednesday, May 5, 1999)]
[Rules and Regulations]
[Pages 24031-24033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11226]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-93-AD; Amendment 39-11159; AD 99-10-05]
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.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain EMBRAER Model EMB-145 series airplanes. This 
action requires replacement of certain flexible joints and O-rings of 
the rear fuselage with improved flexible joints and new O-rings. This 
action also requires installation of new support assemblies to attach 
to the engine bleed line tubing in the area of the rear fuselage to 
improve the engine bleed line tubing alignment. 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 certain flexible joints that 
attach to the engine bleed lines in the area of the rear fuselage. 
Failure of these flexible joints could cause damage to the fuel lines 
leading to the auxiliary power unit, which could result in an increased 
risk of fire to occur in the rear baggage compartment during flight.

DATES: Effective May 20, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 20, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before June 4, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-93-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: Robert Capezzuto, 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 30349; telephone 
(770) 703-6071; 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 certain EMBRAER Model EMB-145 
series airplanes. The DAC advises that failure of certain flexible 
joints (Gamah joints) in the engine bleed lines has occurred. The cause 
of the failure has been attributed to the inadequate strength of these 
flexible joints. These joints could not withstand the hot bleed air 
pressure produced by both engines and the joints ruptured in an 
undisclosed area of the airplane and damaged certain airplane systems. 
This condition, if not detected and corrected, could result in an 
increased risk of fire to occur in the rear baggage compartment during 
flight.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-36-0007, Change 03, dated 
December 9, 1998, which describes procedures for replacement of certain 
flexible joints (Gamah joints) and O-rings of the rear fuselage with 
improved flexible joints and new O-rings. The service bulletin also 
describes procedures for installation of new support assemblies to 
attach to the engine bleed line tubing in the area of the rear fuselage 
to improve the engine bleed line tubing alignment. Accomplishment of 
the actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition.
    The DAC classified this service bulletin as mandatory and issued 
Brazilian airworthiness directive 98-11-01, dated November 13, 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 
Sec. 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 
certain flexible joints that attach to the engine bleed lines in the 
area of the rear fuselage. Failure of these flexible joints could cause 
damage to the fuel lines leading to the auxiliary power unit, which 
could result in an increased risk of fire to occur in the baggage 
compartment during flight. This AD requires accomplishment of the 
actions specified in the service bulletin described previously.

[[Page 24032]]

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 99-NM-93-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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

99-10-05 Empresa Brasileira de Aeronautica S.A. (Embraer): Amendment 
39-11159. Docket 99-NM-93-AD.

    Applicability: Model EMB-145 series airplanes, serial numbers 
145004 through 145075 inclusive; 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 certain flexible joints that attach to the 
engine bleed lines in the area of the rear fuselage, which could 
cause damage to the fuel lines leading to the auxiliary power unit, 
resulting in an increased risk of fire to occur in the rear baggage 
compartment during flight, accomplish the following:
    (a) Within 400 flight hours after the effective date of this AD, 
replace certain flexible joints (Gamah joints) and O-rings of the 
rear fuselage with improved flexible joints and new O-rings, and 
install new support assemblies to attach to the engine bleed line 
tubing in the area of the rear fuselage to improve the engine bleed 
line tubing alignment, in accordance with EMBRAER Service Bulletin 
145-36-0007, Change 03, dated December 9, 1998.

    Note 2: Any replacement of certain flexible joints and new O-
rings and installation of new support assemblies that have been 
accomplished prior to the effective date of this AD, in accordance 
with EMBRAER Service Bulletin 145-36-0007, dated September 1, 1998, 
Change 01, dated September 18, 1998, or Change 02, dated November 
11, 1998, are considered acceptable for compliance with the 
applicable action specified in this AD.

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, 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 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

    (c) Special flight permits may be issued in accordance with 
Secs. 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

    (d) The actions shall be done in accordance with EMBRAER Service 
Bulletin 145-36-0007, Change 03, dated December 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 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.


[[Page 24033]]


    Note 4: The subject of this AD is addressed in Brazilian 
airworthiness directive 98-11-01, dated November 13, 1998.

    (e) This amendment becomes effective on May 20, 1999.

    Issued in Renton, Washington, on April 28, 1999.
D. L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-11226 Filed 5-4-99; 8:45 am]
BILLING CODE 4910-13-P