[Federal Register Volume 65, Number 124 (Tuesday, June 27, 2000)]
[Rules and Regulations]
[Pages 39541-39543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16110]



[[Page 39541]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-208-AD; Amendment 39-11801; AD 2000-13-02]
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; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain EMBRAER Model EMB-135 and EMB-145 series 
airplanes. This action requires revising the Airplane Flight Manual, 
and eventual disconnection of the precooler differential pressure 
switches. This action is necessary to prevent incorrect operation of 
the precooler differential pressure switches, which could result in 
inappropriate automatic shutoff of the engine bleed valve, and 
consequent inability to restart a failed engine using cross-bleed from 
the other engine or possible failure of the anti-ice system. This 
action is also necessary to ensure that the flight crew is advised of 
the procedures necessary to restart an engine in flight using the 
auxiliary power unit.

DATES: Effective July 3, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 3, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before July 28, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-208-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via the Internet must contain 
``Docket No. 2000-NM-208-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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; 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: Rob 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-135 
and EMB-145 series airplanes. The DAC advises that activation of the 
precooler differential pressure switches may cause inappropriate 
automatic shutoff of the engine bleed valve on airplanes on which 
EMBRAER Service Bulletin No. 145-36-0017, dated March 28, 2000, or the 
production equivalent, has been accomplished. The inappropriate shutoff 
is due to incorrect operation of the precooler differential pressure 
switch and may result in the flight crew being unable to restart a 
failed engine using cross-bleed from the other engine. Automatic 
shutoff of the engine bleed valve could also occur during single-bleed 
operation of the anti-ice system, resulting in possible failure of the 
anti-ice system.

Explanation of Relevant Service Information

    EMBRAER has issued Alert Service Bulletin No. 145-36-A018, dated 
April 14, 2000, which describes procedures for disconnection of the 
electrical connector from precooler differential pressure switches in 
the left and right engine pylons. The DAC classified this alert service 
bulletin as mandatory and issued Brazilian airworthiness directive 
2000-04-01R1, dated May 3, 2000, in order to ensure the continued 
airworthiness of these airplanes in Brazil.

FAA's Conclusions

    These airplane models are manufactured in Brazil and are 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 incorrect 
operation of the precooler differential pressure switches, which could 
result in automatic shutoff of the engine bleed valve, and consequent 
inability to restart a failed engine using cross-bleed from the other 
engine or possible failure of the anti-ice system. This AD will also 
ensure that the flight crew is advised of the procedures necessary to 
restart an engine in flight using the auxiliary power unit (APU). This 
AD requires revising the Limitations section of the FAA-approved 
Airplane Flight Manual (AFM) to prohibit departure without the APU 
operating and single-bleed operation in icing conditions. This AD also 
requires revising the Abnormal Procedures section of the AFM to replace 
the existing ``Engine Airstart'' instructions with revised instructions 
that clarify proper procedures for restarting an engine using the APU. 
This AD also requires accomplishment of the actions specified in the 
alert service bulletin described previously. Following accomplishment 
of the actions specified in the alert service bulletin, the revision to 
the Limitations section of the AFM described previously may be removed.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Differences Between This AD and the Brazilian Airworthiness 
Directive

    Operators should note that, within 24 hours after the effective 
date of this AD, this AD requires revising the Limitations and Abnormal 
Procedures

[[Page 39542]]

sections of the AFM as described previously. This AD also requires, 
within 100 flight hours after the effective date of this AD, 
accomplishment of the actions specified in EMBRAER Alert Service 
Bulletin No. 145-36-A018. The Brazilian airworthiness directive states 
that dispatch with the APU inoperative is prohibited immediately upon 
receipt of their Emergency AD until the accomplishment of the actions 
in the alert service bulletin. The Brazilian airworthiness directive 
further provides some guidance for engine starting assisted by the APU, 
but does not provide the full details of this restart procedure. The 
FAA finds that the revision of the Limitations section described 
previously is necessary to mitigate the effects of incorrect operation 
of the precooler differential pressure switches until the switches are 
disconnected. The FAA finds that replacement of the existing ``Engine 
Airstart'' procedure in the ``Abnormal Procedures'' section of the AFM 
is necessary to ensure that the procedure is clear and that the flight 
crew is properly advised of how to restart a failed engine using the 
APU.

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.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the AD is 
being requested.
     Include justification (e.g., reasons or data) for each 
request.
    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 2000-NM-208-AD.'' The postcard will be date stamped 
and returned to the commenter.

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.
    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:

2000-13-02  Empresa Brasileira de Aeronautica S.A. (Embraer): 
Amendment 39-11801. Docket 2000-NM-208-AD.

    Applicability: Model EMB-135 and EMB-145 series airplanes; 
serial numbers 145095, 145099, 145179, 145189, 145197, 145198, 
145209 through 145244 inclusive, and 145246 through 145249 
inclusive; AND serial numbers 145004 through 145094 inclusive, 
145096 through 145098 inclusive, 145100 through 145103 inclusive, 
145105 through 145121 inclusive, 145123 through 145139 inclusive, 
145141 through 145153 inclusive, 145155 through 145178 inclusive, 
145180 through 145188 inclusive, 145190 through 145196 inclusive, 
and 145199 through 145208 inclusive, on which EMBRAER Service 
Bulletin No. 145-36-0017, dated March 28, 2000, has been 
accomplished; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (d) 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 incorrect operation of the precooler differential 
pressure switches, which could result in inappropriate automatic 
shutoff of the engine bleed valve, and consequent inability to 
perform engine cross-bleed restarts or possible failure of the anti-
ice system; and to ensure that the flight crew is advised of proper 
procedures to restart an engine using the auxiliary power unit; 
accomplish the following:

[[Page 39543]]

Revision to Airplane Flight Manual: Limitations Section

    (a) Within 24 hours after the effective date of this AD, revise 
the Limitations section of the FAA-approved Airplane Flight Manual 
(AFM) to include the following statements. This may be accomplished 
by inserting a copy of this AD into the AFM. Following 
accomplishment of paragraph (c) of this AD, the revisions required 
by this paragraph may be removed from the AFM.

``THE APU MUST BE OPERATIVE FOR EVERY DEPARTURE.

SINGLE BLEED OPERATION IN ICING CONDITIONS IS PROHIBITED.''

Revision to Airplane Flight Manual: Abnormal Procedures Section

    (b) Within 24 hours after the effective date of this AD, replace 
the existing ``ENGINE AIRSTART'' procedure in the Abnormal 
Procedures section of the AFM with the following procedures. This 
may be accomplished by inserting a copy of this AD into the AFM.

``ENGINE AIRSTART

 
 
 
Affected engine:
  One Electric Fuel Pump (A or B).........  ON
  Ignition................................  AUTO
  Start/Stop Selector.....................  STOP
  Engine Bleed............................  CLOSE
  Thrust Lever............................  IDLE
  Airspeed and Altitude...................  REFER TO AIRSTART ENVELOPE
 

    Perform an assisted start or windmilling, as required.
    CAUTION: IN ICING CONDITIONS USE CROSSBLEED START ONLY, TO AVOID 
LOSS OF ANTI-ICE SYSTEM PERFORMANCE.

 
 
 
Assisted Start:
Crossbleed Start:
  N2 (operating engine)...................  ABOVE 80%
  Crossbleed..............................  AUTO OR OPEN
  Engine Bleed (operating engine).........  OPEN
APU bleed start:
  APU.....................................  START
  APU Bleed...............................  OPEN
  Crossbleed..............................  AUTO
  Engine Bleed (operating engine).........  CLOSE
 


 
 
 
Start/Stop Selector.......................  START, THEN RUN
Engine Indication.........................  MONITOR
 

    Check ITT and N2 rising. Observe limits. Check ignition and fuel 
flow indication at 10% N2.

Windmilling Start:
  Airspeed................................  ABOVE 260 KIAS
  Minimum N2..............................  12%
  Start/Stop Selector.....................  START, THEN RUN
  ITT and N2..............................  MONITOR
 


    Note: Windmilling start will be slower than an assisted start. 
Windmilling start with N2 above 30% and increasing, the loss of 
altitude may be minimized, by reducing airspeed. Start will be 
faster if ITT is below 320 deg.C.


After Start:
  Affected Engine Bleed...................  AS REQUIRED
  Crossbleed..............................  AUTO
  APU Bleed...............................  AS REQUIRED''
 

Disconnection of the Precooler Differential Pressure Switches

    (c) Within 100 flight hours after the effective date of this AD, 
disconnect the electrical connector from the precooler differential 
pressure switches in the left and right engine pylons, in accordance 
with EMBRAER Alert Service Bulletin No. 145-36-A018, dated April 14, 
2000. Following accomplishment of this paragraph, the AFM revision 
required by paragraph (a) of this AD may be removed from the AFM.

Alternative Methods of Compliance

    (d) 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.

Special Flight Permits

    (e) 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

    (f) The disconnection of the precooler differential pressure 
switches shall be done in accordance with EMBRAER Alert Service 
Bulletin No. 145-36-A018, dated April 14, 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, 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 2000-04-01R1, dated May 3, 2000.

Effective Date

    (g) This amendment becomes effective on July 3, 2000.

    Issued in Renton, Washington, on June 20, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-16110 Filed 6-26-00; 8:45 am]
BILLING CODE 4910-13-U