[Federal Register Volume 66, Number 101 (Thursday, May 24, 2001)]
[Rules and Regulations]
[Pages 28646-28648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12986]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-116-AD; Amendment 39-12241; AD 2001-10-15]
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 document adopts a new airworthiness directive (AD) that 
is applicable to certain EMBRAER Model EMB-135 and -145 series 
airplanes. This action requires a one-time inspection to detect 
incorrect wiring of electrical connectors to the pressure switches and 
cartridges on the fire extinguisher bottles for the engines and the 
auxiliary power unit (APU); disconnection and reconnection of the 
wiring, as necessary; and adjustment of the length of the harnesses on 
the fire extinguisher bottles to avoid future misconnections. This 
action is prompted by the issuance of mandatory continuing 
airworthiness information issued by a foreign civil airworthiness 
authority. This action is necessary to prevent the issuance of 
erroneous commands or the receipt of erroneous information pertaining 
to the fire extinguisher system for the engines and the APU, which 
could result in the inability to put out a fire in an engine or in the 
APU. This action is intended to address the identified unsafe 
condition.

DATES: Effective June 8, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 8, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before June 25, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-116-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. 2001-NM-116-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 the FAA, Atlanta Aircraft 
Certification Office (ACO), 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: Thomas Peters, Aerospace Engineer, 
Program Management and Services Branch, ACE-118A, FAA, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia 30349; telephone (770) 703-6063; 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 -145 
series airplanes. The DAC advises that electrical connectors to 
pressure switches and cartridges on the fire extinguisher bottles for 
the engines and the auxiliary power unit (APU) may have been reversed 
during production or maintenance. This condition, if not corrected, 
could result in the issuance of erroneous commands or the receipt of 
erroneous information pertaining to the fire extinguisher system for 
the engines and the APU, resulting in the inability to put out a fire 
in an engine or the APU.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-26-0009, dated January 26, 
2001, which describes procedures for a one-time general visual 
inspection to detect

[[Page 28647]]

incorrect wiring of electrical connectors to the pressure switches and 
cartridges on the fire extinguisher bottles for the engines and the 
APU; disconnection and reconnection of the wiring, as necessary; and 
adjustment of the length of the electrical harnesses on the fire 
extinguisher bottles to avoid future misconnections. 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 2001-04-01, dated April 23, 2001, in order to assure the 
continued airworthiness of these airplanes in Brazil.

FAA's Conclusions

    The airplane models are manufactured in Brazil and are type 
certificated for operation in the United States under the provisions of 
Sec. 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 the issuance 
of erroneous commands or the receipt of erroneous information 
pertaining to the fire extinguisher system for the engines and the APU, 
resulting in the inability to put out a fire in an engine or the APU. 
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-116-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 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 adding the following new 
airworthiness directive:

2001-10-15  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-12241. Docket 2001-NM-116-AD.

    Applicability: Model EMB-135 and -145 series airplanes, 
certificated in any category, having serial numbers listed in 
EMBRAER Service Bulletin 145-26-0009, dated January 26, 2001.

    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 (b) 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 the issuance of erroneous commands or the receipt of 
erroneous information pertaining to the fire extinguishing system 
for the engines and the auxiliary power unit (APU), resulting in the

[[Page 28648]]

inability to put out a fire in an engine or in the APU, accomplish 
the following:

Inspection

    (a) Within 100 flight hours after the effective date of this AD: 
Perform a one-time general visual inspection to detect incorrect 
wiring of electrical connectors to the pressure switches and 
cartridges on the fire extinguisher bottles for the engines and the 
APU, in accordance with paragraph 3.D. of the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-26-0009, dated January 
26, 2001.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop-light, and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (1) If the wiring connections are correct: Prior to further 
flight, adjust the length of the harnesses to the fire extinguisher 
bottles, in accordance with the service bulletin.
    (2) If the wiring connections are incorrect: Prior to further 
flight, re-connect them and adjust the length of the harnesses to 
the fire extinguisher bottles, in accordance with the service 
bulletin.

Alternative Methods of Compliance

    (b) 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

    (c) 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

    (d) The inspection, reconnection, and adjustment shall be done 
in accordance with EMBRAER Service Bulletin 145-26-0009, dated 
January 26, 2001. 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 ACO, 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 4: The subject of this AD is addressed in Brazilian 
airworthiness directive 2001-04-01, dated April 23, 2001.

Effective Date

    (e) This amendment becomes effective on June 8, 2001.

    Issued in Renton, Washington, on May 17, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-12986 Filed 5-23-01; 8:45 am]
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