[Federal Register Volume 65, Number 240 (Wednesday, December 13, 2000)]
[Rules and Regulations]
[Pages 77783-77785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31449]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-384-AD; Amendment 39-12039; AD 2000-25-05]
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 supersedes an existing airworthiness directive 
(AD), applicable to certain EMBRAER Model EMB-135 and EMB-145 series 
airplanes, that currently 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 amendment retains those requirements 
and adds a requirement to revise the applicability of the existing AD 
to add certain airplanes. The actions specified in this AD are intended 
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 unsafe condition.

DATES: Effective December 28, 2000.
    The incorporation by reference of a certain publication listed in 
the regulations, was approved previously by the Director of the Federal 
Register as of October 3, 2000, (65 FR 56231, September 18, 2000).
    Comments for inclusion in the Rules Docket must be received on or 
before January 12, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-384-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this

[[Page 77784]]

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 fax or the Internet must 
contain ``Docket No. 2000-NM-384-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; 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: On September 8, 2000, the FAA issued AD 
2000-19-03, amendment 39-11904 (65 FR 56231, September 18, 2000), 
applicable to certain EMBRAER Model EMB-135 and EMB-145 series 
airplanes, to require 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. The actions required by that AD are intended to 
prevent failure of the rivets of the Gamah couplings and consequent 
fire in or around the wing.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the manufacturer has advised the FAA 
that, certain airplanes were inadvertently not included in the 
effectivity of Embraer Alert Service Bulletin S.B. 145-28-A014, dated 
August 25, 2000 (the appropriate service information for AD 2000-19-
03). Consequently, those additional airplanes are subject to the 
identified unsafe condition specified in this rule.

U.S. Type Certification of the Airplane

    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.

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 supersedes AD 2000-19-03 to continue to 
require 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 AD also requires the addition of certain airplanes to the 
applicability of this AD.

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-384-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:


[[Page 77785]]


    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-11904 (65 FR 
56231, September 18, 2000), and by adding a new airworthiness directive 
(AD), amendment 39-12039, to read as follows:

2000-25-05  Empresa Brasileira de Aeronautica S.A. (Embraer): 
Amendment 39-12039. Docket 2000-NM-384-AD. Supersedes AD 2000-19-03, 
Amendment 39-11904.
    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, and serial numbers 145301 through 145312, 
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 (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 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:

Continuing Requirements of AD 2000-19-03--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 October 3, 2000 (the 
effective date of AD 2000-19-03, amendment 39-11904).
    (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 
October 3, 2000.

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.

New Requirements of This AD--General Visual Inspection

    (c) For airplanes having serial numbers 145301 through 145312, 
inclusive: 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, within 50 flight hours after the effective date of this AD.
    (1) If no discrepancies are detected, secure the Gamah couplings 
with locking wire in accordance with the alert service bulletin.
    (2) If any discrepancy is detected, before further flight, 
accomplish the requirements of paragraph (b) of this AD.

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. 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 actions shall be done in accordance with Embraer Alert 
Service Bulletin S.B. 145-28-A014, dated August 25, 2000. The 
incorporation by reference of that document was approved previously 
by the Director of the Federal Register as of October 3, 2000 (65 FR 
56231, September 18, 2000). 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.

Effective Date

    (g) This amendment becomes effective on December 28, 2000.

    Issued in Renton, Washington, on December 5, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-31449 Filed 12-12-00; 8:45 am]
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