[Federal Register Volume 66, Number 178 (Thursday, September 13, 2001)]
[Rules and Regulations]
[Pages 47571-47573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22670]



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  Federal Register / Vol. 66, No. 178 / Thursday, September 13, 2001 / 
Rules and Regulations  

[[Page 47571]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-321-AD; Amendment 39-12436; AD 2001-18-10]
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 the engine oil pressure sensors 
with new sensors, and installation of an oil tank pressure relief kit. 
Additionally, this amendment requires revision of the Airplane Flight 
Manual that would specify new oil pressure limits. This action is 
necessary to prevent rejected takeoffs due to exceeding engine oil 
pressure limits, which could result in reduced controllability of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Effective October 18, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 18, 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 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 M. Haynes, Aerospace Engineer, 
Airframe and Propulsion Branch, ACE-117A, FAA, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia 30337-2748; telephone (770) 703-6091; 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 
December 19, 2000 (65 FR 79323). That action proposed to require 
replacement of the engine oil pressure sensors with new sensors, and 
installation of an oil tank pressure relief kit. Additionally, that 
action proposed to require revision of the Airplane Flight Manual (AFM) 
that would specify new oil pressure limits.

Public Comment

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

Request To Withdraw the Proposed Rule

    One commenter states that 96% of the applicable airplanes 
registered in the United States are already in compliance with the 
proposed requirements. Therefore, the commenter requests that the 
proposed rule be withdrawn.
    The FAA does not agree with the commenter's request. Even if the 
current U.S.-registered fleet may be in compliance with the 
requirements of the AD, the issuance of the rule is still necessary to 
ensure that any affected airplane that is imported and placed on the 
U.S. register in the future will be required to be in compliance as 
well. Issuance of this AD will ensure that the airplane is modified and 
contains the appropriate AFM revision prior to the time it is permitted 
to operate in the U.S.

Request To Require Terminating Action

    One commenter states that the terminating modification referenced 
in the ``Interim Action'' paragraph of the preamble of the proposed 
rule has been developed and approved. That terminating action includes 
accomplishing certain modifications of the Full Authority Digital 
Engine Control (FADEC) software system, Engine Indication and Crew 
Alerting System (EICAS), and Engine Indication and Electronic Flight 
Instrument System (EFIS), and replacing the existing oil pressure 
sensor, as specified in certain EMBRAER and Rolls-Royce service 
bulletins. The commenter requests that the terminating action be added 
as a requirement in the final rule.
    The FAA does not agree with the commenter's requests, although we 
do acknowledge that a terminating action has been developed and 
approved. However, the specific modifications included in the 
terminating action were not available at the time the proposed rule was 
issued. Requiring such modifications in the final rule would 
substantially alter the requirements and increase the scope of the 
proposed rule, which would require us to provide opportunity for public 
comment of those additional requirements. In this case, we find that to 
delay this action to allow for public opportunity to comment would be 
inappropriate in light of the identified unsafe condition. Therefore, 
we have added the three modifications as an optional terminating action 
in new paragraph (c) of the final rule, specifying that accomplishment 
of all three optional modifications constitutes terminating action for 
the requirements of this AD.

Further Rulemaking

    The FAA is considering further rulemaking to require accomplishment 
of the three modifications mentioned above.

Conclusion

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

[[Page 47572]]

Cost Impact

    The FAA estimates that 185 EMBRAER Model EMB-135 and EMB-145 series 
airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 1 work hour per airplane to install the oil pressure 
sensor, and that the average labor rate is $60 per work hour. Required 
parts will cost approximately $3,562 per airplane. The FAA estimates 
that it will take approximately 2 work hours per airplane to install 
the oil tank pressure relief kit. Required parts will cost 
approximately $2,421 per airplane. Additionally, it will take 
approximately 1 work hour per airplane to accomplish the revision of 
the AFM. Based on these figures, the cost impact of the AD on U.S. 
operators is estimated to be $1,151,255, or $6,223 per airplane.
    The cost impact figures discussed above are 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:

2001-18-10  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-12436. Docket 2000-NM-321-AD.

    Applicability: Model EMB-135 and EMB-145 airplanes, serial 
numbers 145001 through 145369 inclusive, equipped with Rolls-Royce/
Allison engine Models AE 3007A, AE 3007A1/1, AE 3007A1/2, AE 3007A1/
3, AE 3007A1, and AE 3007A1P; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 rejected takeoffs due to exceeding engine oil 
pressure limits, which could result in reduced controllability of 
the airplane, accomplish the following:

Required Actions

    (a) Within 6 months after the effective date of this AD: 
Accomplish the requirements of paragraphs (a)(1) and (a)(2) of this 
AD concurrently.
    (1) Replace the engine oil pressure sensors with new sensors, 
per EMBRAER Service Bulletin 145-31-0021, dated August 1, 2000.
    (2) Install an oil tank pressure relief kit per Rolls-Royce 
Service Bulletin AE 3007A-79-025, dated August 1, 2000.
    (b) After completion of the actions required by paragraphs 
(a)(1) and (a)(2) of this AD and before further flight: Revise the 
Limitations Section of the FAA-approved Airplane Flight Manual (AFM) 
by inserting a copy of Revision 40 of the EMBRAER Model EMB-145 AFM, 
dated August 11, 2000, into the AFM.

Optional Terminating Action

    (c) Accomplishment of all of the actions specified in paragraphs 
(c)(1), (c)(2), and (c)(3) of this AD constitutes terminating action 
for the requirements of paragraphs (a) and (b) of this AD.
    (1) Upgrade the Full Authority Digital Engine Control (FADEC) 
software system in accordance with Embraer Service Bulletins 145-73-
0011, Change 01, dated January 9, 2001, and Change 02, dated April 
24, 2001; and 145-73-0012, 145-73-0013, 145-73-0014, all dated 
January 9, 2001.
    (2) Upgrade the Engine Indication and Crew Alerting System 
(EICAS) and Engine Indication and Electronic Flight Instrument 
System (EFIS) in accordance with Embraer Service Bulletins 145-31-
0014, Change 03, dated March 2, 2001; and 145-31-0020, Change 01, 
dated January 26, 2001.
    (3) Remove the existing oil pressure sensor and replace it with 
a new sensor having part number 23073715, in accordance with Rolls-
Royce Service Bulletin AE 3007A-79-029, dated November 9, 2000.

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 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 Manager, 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 specified in paragraphs (a)(1), (a)(2), and (b) 
of this AD shall be done in accordance with EMBRAER Service Bulletin 
145-31-0021, dated August 1, 2000; Rolls-Royce Service Bulletin AE 
3007A-79-025, dated August 1, 2000; and page 2-11, Revision 40 of 
the EMBRAER Model EMB-145 Airplane Flight Manual, dated August 11, 
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. This information may be examined at the FAA,

[[Page 47573]]

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 Notice 
of Proposed Regulations NPR/AD-2000-145-05, dated August 23, 2000, 
and NPR/AD-2000-AE3007-01, dated August 24, 2000.

Effective Date

    (g) This amendment becomes effective on October 18, 2001.

    Issued in Renton, Washington, on September 4, 2001.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-22670 Filed 9-12-01; 8:45 am]
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