[Federal Register Volume 66, Number 94 (Tuesday, May 15, 2001)]
[Rules and Regulations]
[Pages 26785-26787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11900]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-122-AD; Amendment 39-12227; AD 2001-10-02]
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: 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 -145 series 
airplanes. This action requires applying torque to certain tubing 
fittings of the fire extinguishing systems of various areas of the 
airplane, and applying torque paint to the fittings. This action is 
necessary to ensure that certain tubing fittings of the fire 
extinguishing systems are properly torqued. Improperly torqued tubing 
fittings of the fire extinguishing systems of the baggage compartment, 
auxiliary power units (APU), and engines, if not corrected, could 
become loose and cause the fire extinguisher to inadvertently 
discharge. Inadvertent discharge of a fire extinguisher could result in 
reduced fire protection or the inability to extinguish a fire in the 
baggage compartment, APU, or engine. This action is intended to address 
the identified unsafe condition.

DATES: Effective May 30, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 30, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before June 14, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-122-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 via the Internet must contain 
``Docket No. 2001-NM-122-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 Haynes, Aerospace Engineer, 
Airframe and Propulsion Branch, ACE-117A, FAA, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia 30349; telephone (770) 703-6091; 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 -145 series airplanes. The DAC advises that it has received reports 
of looseness of some tubing fittings of the fire extinguishing systems 
of the engines located in the pylon inner area. In one event during 
maintenance, the fire extinguisher discharged into the pylon area. 
Investigation revealed the possibility that those fittings had been 
undertorqued during production of the airplanes. This possibility also 
exists for all other fittings at the fire extinguishing systems.
    Improperly torqued tubing fittings of the fire extinguishing 
systems of the

[[Page 26786]]

baggage compartment, auxiliary power units (APU), and engines, if not 
corrected, could become loose and cause the fire extinguisher to 
inadvertently discharge. Inadvertent discharge of a fire extinguisher 
could result in reduced fire protection or the inability to extinguish 
a fire in the baggage compartment, APU, or engine.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-26-0008, dated December 19, 
2000, which describes procedures for applying torque to certain tubing 
fittings of the fire extinguishing systems in the following areas, as 
applicable:
    1. Inner side of the left-and right-hand pylons of the engines.
    2. Tail cone compartment, rear electronic compartment, and baggage 
compartment.
    3. Between the pylon walls and the left- and right-hand engines.
    4. APU in the tail cone compartment.
    The service bulletin also describes procedures for applying torque 
paint to the fittings. 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 2001-02-01, dated February 
21, 2001, 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 ensure that certain 
tubing fittings of the fire extinguishing systems are properly torqued. 
Improperly torqued tubing fittings of the fire extinguishing systems of 
the baggage compartment, APUs, and engines, if not corrected, could 
become loose and cause the fire extinguisher to inadvertently 
discharge. Inadvertent discharge of a fire extinguisher could result in 
reduced fire protection or the inability to extinguish a fire in the 
baggage compartment, APU, or engine. This AD requires accomplishment of 
the actions specified in the service bulletin described previously.

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 2001-NM-122-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:

2001-10-02  Empresa Brasileira de Aeronautica, S.A. (EMBRAER): 
Amendment 39-12227. Docket 2001-NM-122-AD.


[[Page 26787]]


    Applicability: Model EMB-135 and -145 series airplanes, as 
listed in EMBRAER Service Bulletin 145-26-0008, dated December 19, 
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 ensure that certain tubing fittings of the fire extinguishing 
systems are properly torqued, accomplish the following:

Torque and Paint

    (a) Within 100 flight hours after the effective date of this AD, 
apply torque to the tubing fittings of the fire extinguishing system 
of the engines in the inner side of the left- and right-hand pylons, 
and apply torque paint to the fittings, per EMBRAER Service Bulletin 
145-26-0008, dated December 19, 2000.
    (b) Within 400 flight hours after the effective date of this AD, 
do the actions specified in paragraphs (b)(1), (b)(2), (b)(3), and 
(b)(4) of this AD, as applicable, per EMBRAER Service Bulletin 145-
26-0008, dated December 19, 2000.
    (1) For all airplanes: Apply torque to the remaining tubing 
fittings (i.e., those fittings not indicated in paragraph (a) of 
this AD) of the engine fire extinguishing system in the tail cone 
compartment, rear electronic compartment, and baggage compartment, 
and to the tubing fittings between the pylon walls and the left- and 
right-hand engines.
    (2) For all airplanes: Apply torque to the tubing fittings of 
the fire extinguishing system of the auxiliary power unit.
    (3) For airplanes configured with a Class ``C'' baggage 
compartment: Apply torque to all tubing fittings of the fire 
extinguishing system of the baggage compartment.
    (4) For all airplanes: Apply torque painting to the tubing 
fittings.

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 
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

    (e) The actions shall be done in accordance with EMBRAER Service 
Bulletin 145-26-0008, dated December 19, 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 2001-02-01, dated February 21, 2001.

Effective Date

    (f) This amendment becomes effective on May 30, 2001.

    Issued in Renton, Washington, on May 7, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-11900 Filed 5-14-01; 8:45 am]
BILLING CODE 4910-13-U