[Federal Register Volume 66, Number 54 (Tuesday, March 20, 2001)]
[Proposed Rules]
[Pages 15667-15670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6793]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-257-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and -145 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to all EMBRAER Model EMB-145 
series airplanes, that currently requires repetitive replacement of the 
bleed-air check valve and associated gaskets on the bleed low-pressure 
line of the engine, with new parts. This action would continue to 
require repetitive replacement of the bleed-air check valve and 
associated gaskets. Additionally, this action would require repetitive 
replacement of an additional bleed-air check valve with a check valve 
having the same part number or a new improved check valve; eventual 
replacement of the bleed-air check valves with new improved check 
valves and various follow-on actions; and would add airplanes to the 
applicability of the existing AD. This proposal is prompted by issuance 
of mandatory

[[Page 15668]]

continuing airworthiness information by a foreign civil airworthiness 
authority. The actions specified by the proposed AD are intended to 
prevent failure of the bleed-air check valve on the bleed low-pressure 
line of the engine, which could result in engine compressor stall and 
consequent stall flameout of the affected engine.

DATES: Comments must be received by April 19, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-257-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 fax or the Internet must 
contain ``Docket No. 2000-NM-257-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 the proposed rule 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 Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phones Boulevard, suite 
450, Atlanta, Georgia.

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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    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 proposed 
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 proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-257-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2000-NM-257-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On May 10, 1999, the FAA issued AD 99-11-01, amendment 39-11172 (64 
FR 26835, May 18, 1999), applicable to all EMBRAER Model EMB-145 series 
airplanes to require repetitive replacement of the bleed-air check 
valve and associated gaskets on the bleed low-pressure line of the 
engine, with new parts. That action was prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The requirements of that AD are intended to 
prevent failure of the bleed-air check valve on the bleed low-pressure 
line of the engine. Such failure could result in engine compressor 
stall and consequent flameout of the affected engine.

Actions Since Issuance of AD 99-11-01

    Since the issuance of that AD, the Departmento de Aviacao Civil 
(DAC), which is the airworthiness authority for Brazil, notified the 
FAA that an unsafe condition may exist on all EMBRAER Model EMB-145 and 
EMB-135 series airplanes. The DAC has advised the FAA that premature 
wearing has been reported of bleed-air check valves on the bleed low-
pressure line that were installed in accordance with AD 99-11-01. 
Failure of the bleed-air check valve on the bleed low-pressure line of 
the engine could result in engine compressor stall and consequent 
flameout of the affected engine.

Similar Airplane Models

    The bleed-air check valves on EMBRAER Model EMB-145 series 
airplanes are identical to those installed on EMBRAER Model EMB-135 
series airplanes. Therefore, both of these airplane models may be 
subject to the same unsafe condition.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin No. 145-36-0011, Change No. 01, 
dated March 23, 2000, which describes, among other items, procedures 
for repetitive replacement of the bleed-air check valves on the bleed 
low-pressure line with new check valves having the same part numbers. 
Change No. 01 of the service bulletin also describes procedures for 
replacement of the check valves with new, improved check valves that 
would eliminate the need to perform repetitive replacements of the 
check valves. For airplanes on which the new improved check valves have 
been installed, Change No. 01 of the service bulletin also describes 
procedures for replacing the bleed air check valve on the Auxiliary 
Power Unit (APU) bleed tube assembly, and reworking the flanges of the 
right-hand engine bleed tube assembly. Additionally, Change No. 01 of 
the service bulletin adds Model EMB-135 to the effectivity of the 
service bulletin. 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 1999-04-01R2, dated May 
30, 2000, in order to assure 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

[[Page 15669]]

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 Proposed 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, the proposed AD would supersede AD 99-11-01, 
amendment 39-11172 (64 FR 26835, May 18, 1999). The proposed AD would 
continue to require repetitive replacement of the bleed-air check valve 
and associated gaskets on the bleed low-pressure line of the engine, 
with new parts. The proposed AD would also require repetitive 
replacement of an additional bleed-air check valve with a check valve 
having the same part number or a new, improved check valve; eventual 
replacement of the bleed-air check valves with new, improved check 
valves; and would add airplanes to the applicability of the existing 
AD. The actions would be required to be accomplished in accordance with 
the service bulletin described previously.

Cost Impact

    There are approximately 135 airplanes of U.S. registry that would 
be affected by this proposed AD.
    The repetitive replacements that are currently required by AD 99-
11-01, and retained in this proposed AD, take approximately 2 work 
hours per airplane to accomplish, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of the currently 
required actions on U.S. operators is estimated to be $16,200, or $120 
per airplane, per each repetitive replacement.
    The new actions that are proposed in this AD action would take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the proposed requirements of this AD on U.S. operators is 
estimated to be $8,100, or $60 per airplane, per repetitive 
replacement.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.

Regulatory Impact

    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 removing amendment 39-11172 (64 FR 
26835, May 18, 1999), and by adding a new airworthiness directive (AD), 
to read as follows:

Empresa Brasileira de Aeronautica S.A.
(EMBRAER): Docket 2000-NM-257-AD. Supersedes AD 99-11-01, amendment 
39-11172.

    Applicability: All Model EMB-135 and EMB-145 series airplanes, 
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 (f) 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 bleed-air check valve on the bleed 
low-pressure line of the engine, which could result in engine 
compressor stall and consequent flameout of the affected engine; 
accomplish the following:

Restatement of Requirements of AD 99-11-01

    (a) For Model EMB-145 series airplanes: Prior to the 
accumulation of 2,000 total flight hours, or within 100 flight hours 
after June 2, 1999 (the effective date of AD 99-11-01, amendment 39-
11172), whichever occurs later: Replace the bleed-air check valve, 
having part number (P/N) 816603-1, and associated gaskets, having P/
N 24096-250C, on the bleed low-pressure line of the left-and right-
hand engines, with new parts having the same P/N's; per EMBRAER 
Alert Service Bulletin 145-36-A011, dated March 19, 1999. 
Thereafter, repeat the replacement at intervals not to exceed 2,000 
flight hours in accordance with the alert service bulletin.

New Requirements of This AD

    Note 2: The replacement interval of 2,000 flight hours specified 
in paragraph(a) of this AD is required only until the requirements 
of paragraph (b) of this AD are implemented.

    (b) For all airplanes: Replace any bleed-air check valve on the 
bleed-air low pressure line of the right-hand engine, having either 
P/N 816603-1 or P/N 816603-2 and associated gaskets having P/N 
24096-250C on the bleed low-pressure line of the left- and right-
hand engines with a new check valve having the same P/N or with a 
new, improved check valve having P/N 816603-3 and associated gaskets 
having P/N 24096-250C, per EMBRAER Service Bulletin 145-36-0011, 
Change No. 01, dated March 23, 2000; at the later of the times 
specified in paragraph (b)(1) or (b)(2) of this AD.
    (1) Before 1,600 total flight hours or within 1,600 flight hours 
since the last replacement of the check valve, whichever occurs 
later; or
    (2) Within 200 flight hours after the effective date of this AD.
    (c) For all airplanes: If the bleed-air check valves of the 
right- and left-hand engine bleed tube assembly are replaced with a 
check valve having either P/N 816603-1 or P/N 816603-2 per paragraph 
(b) of this AD, repeat the replacement requirements of paragraph (b) 
of this AD, per EMBRAER Service Bulletin 145-36-0011, Change No. 01, 
dated March 23, 2000, every 1,600 flight hours, until the 
requirements of paragraph (e) of this AD are accomplished.
    (d) For all airplanes that replace the bleed-air check valves of 
the right- and left-hand engines with P/N 816603-3 per paragraph (b) 
of this AD, before further flight, replace the bleed air check valve 
on the bleed tube

[[Page 15670]]

assembly of the auxiliary power unit (APU), and rework the flanges 
of the right- and left-hand engine bleed tube assembly; per EMBRAER 
Service Bulletin 145-36-0011, Change No. 01, dated March 23, 2000. 
Accomplishment of these actions constitutes terminating action for 
the requirements of this AD.
    (e) Within 4,000 flight hours after the effective date of this 
AD, replace any bleed-air check valves having P/N 816603-1 or P/N 
816603-2 with bleed-air check valves having P/N 816603-3; and, 
before further flight, do the actions specified in paragraph (d) of 
this AD. Replacement of all bleed-air check valves with P/N 816603-3 
check valves and accomplishment of the actions specified in 
paragraph (d) of this AD, constitute terminating action for the 
requirements of this AD.

Alternative Methods of Compliance

    (f) 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

    (g) 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.

    Note 4: The subject of this AD is addressed in Brazilian 
airworthiness directive 1999-04-01R2, dated May 30, 2000.



    Issued in Renton, Washington, on March 13, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-6793 Filed 3-19-01; 8:45 am]
BILLING CODE 4910-13-U