[Federal Register Volume 66, Number 162 (Tuesday, August 21, 2001)]
[Rules and Regulations]
[Pages 43766-43768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20805]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-248-AD; Amendment 39-12394; AD 2001-17-03]
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 all EMBRAER Model EMB-135 and -145 series airplanes. 
This action requires repetitive inspections of the engine thrust 
reverser stow/transit switches, and corrective action, if necessary. 
This action is necessary to prevent erroneous signals in the Engine 
Indicating and Crew Alerting System (EICAS) caused by internal 
corrosion of the thrust reverser stow/transit switches, which could 
result in uncommanded loss of engine power in flight, or unnecessary 
aborted takeoffs on the ground. This action is intended to address the 
identified unsafe condition.

DATES: Effective September 5, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 5, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before September 20, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-248-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 fax or the Internet must 
contain ``Docket No. 2001-NM-248-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; 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: Scott Geddie, 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) 703-6068; 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 all Empresa Brasileira de 
Aeronautica S.A. (EMBRAER) Model EMB-135 and -145 series airplanes. The 
DAC advises that cases of internal corrosion have been found on the 
stow/transit switches installed in the engine thrust reversers of 
EMBRAER Model EMB-145 series airplanes. Erroneous messages of ``ENG ( ) 
REV DISAGREE'' or ``ENG ( ) REV FAIL'' have been displayed in the 
Engine Indicating and Crew Alerting System (EICAS) because of this 
corrosion. In one case, a transit switch severely contaminated by 
corrosion resulted in an uncommanded engine rollback to idle in flight. 
Several cases of aborted takeoffs have also been reported due to ``ENG 
( ) REV DISAGREE'' messages during takeoff. This internal corrosion 
condition, if not corrected, could result in erroneous signals of the 
thrust reverser stow/transit switches, which could result in 
uncommanded loss of engine power in flight, or unnecessary aborted 
takeoffs on the ground.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-78-0029, dated February 2, 
2001, which describes procedures for repetitive inspections of the 
stow/transit switches for possible internal corrosion by means of a 
field check with a megohmmeter for insulation resistance; and 
corrective action, if applicable. The DAC classified this service 
bulletin as mandatory and issued Brazilian airworthiness directive 
2001-05-03, dated June 8, 2001, 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 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 erroneous 
signals from being displayed on the EICAS, caused by internal corrosion 
of the thrust reverser stow/transit switches, which could result in 
uncommanded loss of engine power in flight, or unnecessary aborted 
takeoffs on the ground. This AD requires accomplishment of the actions 
specified in the service bulletin described previously, except as 
discussed below.

Interim Action

    This is considered to be an interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Differences Between Proposed Rule and Foreign Airworthiness 
Directive

    This AD differs from the parallel Brazilian airworthiness directive 
in that it requires repetitive inspections every 1,200 flight hours 
after the initial inspection, as recommended by EMBRAER Service 
Bulletin 145-78-0029, dated February 2, 2001. The parallel Brazilian 
airworthiness directive contains only a note that makes reference to a 
future revision of the airplane Maintenance Review Board (MRB) that 
will include periodic re-inspection.

[[Page 43767]]

    Mandating the repetitive inspections specified in the service 
bulletin is based on the FAA's determination that, in this case, long-
term continued operational safety would be better assured by continued 
monitoring until a design change can be made to remove the source of 
the problem.

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-248-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:

2001-17-03  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-12394. Docket 2001-NM-248-AD.
    Applicability: All Model EMB-135 and -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 (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 erroneous signals in the Engine Indicating and Crew 
Alerting System (EICAS) caused by internal corrosion of the thrust 
reverser stow/transit switches, which could result in uncommanded 
loss of engine power in flight, or unnecessary aborted takeoffs on 
the ground, accomplish the following:

Initial and Repetitive Inspections, and Corrective Action, if Necessary

    (a) Prior to the accumulation of 2,000 total flight hours, or 
within 400 flight hours after the effective date of this AD, 
whichever occurs later, perform the inspection required by paragraph 
(b) of this AD and repeat the inspection at intervals not to exceed 
1,200 flight hours.
    (b) Inspect each of the six stow/transit switches on the #1 and 
#2 engine thrust reversers by conducting a megohmmeter test to 
measure insulation resistance according to the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-78-0029, dated February 
2, 2001. If insulation resistance measures 100 megohms or less, 
before further flight, replace the switch with a new switch in 
accordance with the service bulletin.

Spares

    (c) As of the effective date of this AD, no person shall 
install, on any airplane, a stow/transit switch part number 83-990-
137 or 83-990-152 unless it has been inspected in accordance with 
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

[[Page 43768]]

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 Service 
Bulletin 145-78-0029, dated February 2, 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; 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 2001-05-03, dated June 8, 2001.

Effective Date

    (g) This amendment becomes effective on September 5, 2001.

    Issued in Renton, Washington, on August 13, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-20805 Filed 8-20-01; 8:45 am]
BILLING CODE 4910-13-P