[Federal Register Volume 65, Number 181 (Monday, September 18, 2000)]
[Rules and Regulations]
[Pages 56231-56233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23581]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-301-AD; Amendment 39-11904; AD 2000-19-03]
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 a one-time inspection of the coupling 
hinge and locking fastener of the Gamah couplings of the fuel system 
tubing located in the wing dry bay to detect discrepancies, and follow-
on corrective actions. This action is necessary to prevent failure of 
the rivets of the Gamah couplings and consequent separation of a Gamah 
coupling, which could result in fuel leakage and consequent fire in or 
around the wing. This action is intended to address the identified 
unsafe condition.

DATES: Effective October 3, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 3, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before October 18, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-301-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 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

[[Page 56232]]

via the Internet must contain ``Docket No. 2000-NM-301-AD'' in the 
subject line and need not be submitted in triplicate. Comments sent via 
fax or 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; 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: Linda M. Haynes, Aerospace Engineer, 
Airframe and Propulsion Branch, ACE-117A, FAA, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia 30337-2748; telephone (770) 703-6091; fax (770) 
703-6097.

SUPPLEMENTARY INFORMATION: The Departmento de Aviacao Civil (DAC), 
which is the airworthiness authority for Brazil, notified the FAA that 
an unsafe condition may exist on certain EMBRAER Model EMB-135 and EMB-
145 series airplanes. The DAC advises that it received reports of Gamah 
coupling failures on certain EMB-145 airplanes, which resulted in 
significant fuel leakage. One of the incidents occurred during landing 
and resulted in over 1,000 pounds of fuel being spilled on to the 
airport runway. The other incident occurred while the airplane was 
being refueled and the amount of fuel leaked is unknown. This 
condition, if not corrected, could result in fuel leakage and 
consequent fire in or around the wing.
    The Gamah couplings installed on Model EMB-145 series airplanes are 
the same as those installed on Model EMB-135 series airplanes. 
Therefore, the latter model also is affected by the identified unsafe 
condition and is included in the applicability of this AD.

Explanation of Relevant Service Information

    The manufacturer has issued Embraer Alert Service Bulletin S.B. 
145-28-A014, dated August 25, 2000, which describes procedures for a 
one-time visual inspection of the hinge and locking fastener of the 
Gamah couplings of the fuel system tubing located in the wing dry bay 
to detect discrepancies, and follow-on corrective actions. (The follow-
on actions consist of replacing of the affected Gamah couplings and 
securing those couplings with locking wire if discrepancies are 
detected, or securing the Gamah couplings with locking wire if no 
discrepancies are detected.) Accomplishment of the action 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 emergency airworthiness directive 2000-09-01, 
dated September 1, 2000, 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 
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 failure of the 
rivets of the Gamah coupling and consequent separation of a Gamah 
coupling, which could result in fuel leakage and consequent fire in or 
around the wing. This AD requires a one-time inspection of the hinge 
and locking fastener of the Gamah coupling of the fuel system tubing 
located in the wing dry bay to detect discrepancies, and follow-on 
corrective actions. The actions are required to be accomplished in 
accordance with the service bulletin described previously.

Differences Between Rule and Related Service Information

    Operators should note that the alert service bulletin specifies 
installation of an additional retention device to secure the Gamah 
couplings with tie-down straps or locking wire; however, this AD allows 
use of the locking wire only.

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-301-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,

[[Page 56233]]

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:

2000-19-03  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-11904. Docket 2000-NM-301-AD.

    Applicability: Model EMB-135 and EMB-145 series airplanes, as 
listed in Embraer Alert Service Bulletin S.B. 145-28-A014, dated 
August 25, 2000; 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 rivets attaching the Gamah coupling 
hinge to the fuel system tubing and consequent separation of the 
coupling, which could result in fuel leakage and consequent fire in 
or around the wing, accomplish the following:

General Visual Inspection

    (a) Perform a one-time general visual inspection of the hinge 
and locking fastener of the Gamah couplings of the fuel system 
tubing located in the wing dry bay to detect discrepancies 
(including coupling separation, and loose rivets on the coupling 
hinge or locking fastener attaching points), in accordance with 
Embraer Alert Service Bulletin S.B. 145-28-A014, dated August 25, 
2000; at the times specified in paragraphs (a)(1) and (a)(2) of this 
AD, as applicable. If no discrepancies are detected, secure the 
Gamah couplings with locking wire in accordance with the alert 
service bulletin.
    (1) For airplanes having serial numbers 145004 through 145103 
inclusive; 145105 through 145121 inclusive; 145123 through 145139 
inclusive; 145141 through 145153 inclusive; 145155 through 145176 
inclusive: Within 400 flight hours after the effective date of this 
AD.
    (2) For airplanes having serial numbers 145177 through 145189 
inclusive; 145191 through 145230 inclusive; 145232 through 145251 
inclusive; 145253 through 145255 inclusive; 145258 through 145262 
inclusive; 145264 through 145293 inclusive; 145295, 145296, and 
145298 through 145300 inclusive: Within 50 flight hours after the 
effective date of this AD.

Follow-On Corrective Actions

    (b) If any discrepancies (including coupling separation, and 
loose rivets on the coupling hinge or locking fastener attaching 
points) are detected after accomplishment of the inspection required 
by paragraph (a) of this AD: Before further flight, replace any 
affected Gamah couplings and secure the Gamah couplings with locking 
wire in accordance with Embraer Alert Service Bulletin S.B. 145-28-
A014, dated August 25, 2000. Accomplishment of this paragraph 
terminates the requirements of this AD.

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 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

    (d) 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

    (e) The actions shall be done in accordance with Embraer Alert 
Service Bulletin S.B. 145-28-A014, dated August 25, 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 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 2000-09-01, dated September 1, 2000.

    (f) This amendment becomes effective on October 3, 2000.

    Issued in Renton, Washington, on September 8, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-23581 Filed 9-15-00; 8:45 am]
BILLING CODE 4910-13-U