[Federal Register Volume 66, Number 117 (Monday, June 18, 2001)]
[Rules and Regulations]
[Pages 32728-32729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15090]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-319-AD; Amendment 39-12268; AD 2001-12-13]
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.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-135 and EMB'145 series 
airplanes, that requires replacement of certain brake control units 
(BCU) with new units. The actions specified by this AD are intended to 
prevent uncommanded application of 50 percent braking in one pair of 
wheels, which could result in the airplane skidding off the runway. 
This action is intended to address the identified unsafe condition.

DATES: Effective July 23, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 23, 2001.

ADDRESSES: 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 Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 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: 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-135 and 
EMB'145 series airplanes was published in the Federal Register on 
November 13, 2000 (65 FR 67663). That action proposed to require 
replacement of certain brake control units (BCU) with new units.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.

Add Service Information

    The commenter states that EMBRAER Service Bulletin 145-32-0060, 
dated May 5, 2000, should be included in the final rule as an 
additional source of service information for previous accomplishment of 
the specified actions. EMBRAER Service Bulletin 145-32-0060, Change No. 
01, dated June 6, 2000, was listed as the source of service information 
for accomplishment of the actions specified in the proposed rule. The 
commenter states that the difference between the original issue and 
Change No. 01 of the service bulletin is administrative in nature.
    The FAA agrees with the commenter that the original issue is 
essentially the same as Change No. 01 of the service bulletin. We have 
added a new Note 2 to the final rule which clarifies that previous 
accomplishment of the actions per the original issue of the service 
bulletin meets the requirements of this final rule.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change described 
previously. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 165 Model EMB-135 and EMB-145 series 
airplanes of U.S. registry will be affected by this AD. It will take 
approximately 5 work hours per airplane (2.5 work hours per

[[Page 32729]]

BCU) to accomplish the required actions, at an average labor rate of 
$60 per work hour. Required parts will be provided by a vendor at no 
charge to the operator. Based on these figures, the cost impact of the 
AD on U.S. operators is estimated to be $49,500, or $300 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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:

2001-12-13  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-12268. Docket 2000-NM-319-AD.

    Applicability: Model EMB-135 and EMB-145 series airplanes, 
certificated in any category, as listed in EMBRAER Service Bulletin 
145-32-0060, Change No. 01, dated June 6, 2000.

    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 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 uncommanded application of 50 percent braking in one 
pair of wheels, which could result in the airplane skidding off the 
runway, accomplish the following:

Replacement

    (a) Within 2,000 landings after the effective date of this AD: 
Replace the brake control unit (BCU) having part number (P/N) 42-
951-1 or 42-951-2 with a new BCU having P/N 42-951-3 in accordance 
with EMBRAER Service Bulletin 145-32-0060, Change No. 01, dated June 
6, 2000.

    Note 2: Replacement of the BCU before the effective date of this 
AD, per EMBRAER Service Bulletin 145-32-0060, dated May 5, 2000, is 
considered acceptable for compliance with paragraph (a) of this AD.

Spares

    (b) As of the effective date of this AD, no person shall install 
on any airplane a BCU having P/N 42-951-1 or 42-951-2.

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 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

    (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 145-32-0060, Change No. 01, dated June 6, 2000, which 
contains the following list of effective pages:

------------------------------------------------------------------------
                                   Change level
           Page No.               shown on page      Date shown on page
------------------------------------------------------------------------
1-4...........................  01...............  June 6, 2000.
5-10..........................  Original.........  May 5, 2000.
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    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 4: The subject of this AD is addressed in Brazilian 
airworthiness directive 2000-07-01, dated August 20, 2000.

Effective Date

    (f) This amendment becomes effective on July 23, 2001.

    Issued in Renton, Washington, on June 8, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-15090 Filed 6-15-01; 8:45 am]
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