[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Rules and Regulations]
[Pages 43621-43623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18417]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-257-AD; Amendment 39-13244; AD 2003-15-02]
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.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to all EMBRAER Model EMB-145 series airplanes, that 
currently requires repetitive replacement of the bleed-air check valve 
and associated gaskets on the bleed low-pressure lines of the engines 
with new parts. This amendment continues to require repetitive 
replacement of the bleed-air check valves and associated gaskets. 
Additionally, this amendment provides for optional terminating action 
for the repetitive replacement of bleed-air check valves by installing 
new improved check valves, and adds airplanes to the applicability of 
the existing AD. This amendment also clarifies that the replacement and 
follow-on actions are required for the left- and right-hand engines. 
The actions specified by this AD are intended to prevent failure of the 
bleed-air check valves on the bleed low-pressure lines of the engines, 
which could result in engine compressor stall and consequent flameout 
of the affected engines. This action is intended to address the 
identified unsafe condition.

DATES: Effective August 28, 2003.
    The incorporation by reference of EMBRAER Service Bulletin 145-36-
0011, dated January 28, 2000; and Change No. 01, dated March 23, 2000; 
as listed in the regulations; is approved by the Director of the 
Federal Register as of August 28, 2003.
    The incorporation by reference of EMBRAER Alert Service Bulletin 
145-36-A011, dated March 19, 1999, as listed in the regulations, was 
approved previously by the Director of the Federal Register as of June 
2, 1999 (64 FR 26835, May 18, 1999).

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 Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 99-11-01, 
amendment 39-11172 (64 FR 26835, May 18, 1999), which is applicable to 
all EMBRAER Model EMB-145 series airplanes, was published in the 
Federal Register on March 20, 2001 (66 FR 15667). The action proposed 
to continue to require repetitive replacement of the bleed-air check 
valves and associated gaskets on the bleed low-pressure lines of the 
engines with new parts. That action also proposed to require repetitive 
replacement of an additional bleed-air check valve with a check valve 
having the same part number, or with a new improved check valve; and 
eventual replacement of the bleed-air check valves with new improved 
check valves, and various follow-on actions. In addition, that action 
proposed to add airplanes to the applicability of the existing AD.

Comments

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

Request To Clarify Replacement Requirements

    The commenter requests revising paragraph (b) of the proposed AD to 
specify that replacement of the bleed-air check valves on the bleed-air 
low-pressure lines applies to both the left- and right-hand engines. A 
reference to the left-hand engine was omitted from this paragraph.
    The FAA concurs. Although a reference to the left-hand engine was

[[Page 43622]]

inadvertently omitted from paragraph (b) of the proposed AD, it was our 
intent to reference both the left- and right-hand engines. This intent 
is apparent from the preamble discussion and from the repetitive 
replacement requirements of paragraph (c) of the proposed AD. We have 
revised paragraph (b) of the final rule accordingly. In addition, we 
have revised the Summary section of the final rule to clarify that the 
replacement and follow-on actions are required for both the left- and 
right-hand engines.

Request To Revise Service Bulletin References

    The commenter requests adding a reference to EMBRAER Service 
Bulletin 145-36-0011, dated January 28, 2000, in paragraphs (b), (c), 
and (d) of the proposed AD. The commenter states that EMBRAER Service 
Bulletin 145-36-0011, Change 01, dated March 23, 2000, was issued only 
for administrative purposes with no change to the technical content. In 
addition, the commenter states that Change 01 of the service bulletin 
divided the actions specified in the original service bulletin into ten 
parts because of a shortage of the bleed-air check valves needed to 
accomplish the service bulletin in its entirety (replacing all five 
check valves).
    We concur with the request for the reasons provided by the 
commenter and have added a reference to EMBRAER Service Bulletin 145-
36-0011, dated January 28, 2000, in paragraphs (b) and (d) of this 
final rule.

Request To Revise Compliance Time in Paragraph (d)

    The commenter requests changing the compliance time in paragraph 
(d) of the proposed AD for replacing the bleed-air check valve on the 
tube assembly of the auxiliary power unit (APU). The commenter states 
that, because of a shortage of bleed-air check valves, it is necessary 
to change ``before further flight'' to ``within 4,000 flight hours 
after the effective date of this AD.'' The commenter adds that only the 
bleed-air check valve on the bleed-air low-pressure line was replaced 
on the entire fleet of 65 affected airplanes. In addition, the 
remaining three bleed-air check valves (two high pressure and one APU) 
will be replaced during a C-check scheduled at 4,000 flight hours. The 
commenter is concerned that, if the present compliance time of ``before 
further flight'' is not changed, the 30 remaining airplanes (which 
still require two bleed-air check valves on the bleed-air high pressure 
lines, and one bleed-air check valve on the tube assembly of the APU) 
would be grounded.
    Since issuance of the proposed AD, it has been determined that the 
requirements of paragraph (d) of the proposed AD do not address the 
unsafe condition. Therefore, those requirements have been removed from 
this final rule.

Request To Omit Paragraph (e)

    The commenter suggests omitting paragraph (e) of the proposed AD 
because of the previously suggested changes to paragraph (d) of the 
proposed AD. The commenter contends that combining the requirements of 
paragraphs (d) and (e) would satisfy the terminating action 
requirement.
    We partially agree. As described earlier, the requirements of 
paragraph (d) of the proposed AD have been omitted from this final 
rule. Because of this determination, the relief granted in paragraph 
(e) of the proposed AD still applies, and no change to paragraph (d) of 
this final rule (paragraph (e) of the proposed AD) is necessary in this 
regard.

Differences Between This Final Rule and the Service Bulletin/Brazilian 
Airworthiness Directive

    Operators should note that, although the Accomplishment 
Instructions of Change 01 of the referenced service bulletin specify 
procedures that include Parts I through X, the Brazilian airworthiness 
directive references and requires accomplishment of only the procedures 
in Parts I through IV of the service bulletin. In consonance with the 
parallel Brazilian airworthiness directive, paragraph (b) of the 
proposed AD and the final rule require the actions specified in Parts I 
and II of the service bulletin. However, this final rule differs from 
the Brazilian airworthiness directive in that it does not require 
accomplishment of Parts III and IV of the service bulletin. For the 
purposes of this final rule, the actions specified in Parts III and IV 
of the service bulletin are optional terminating actions, as described 
in paragraph (d) of this final rule. The Departmento de Aviacao Civil 
has concurred in our assessment that accomplishment of the actions 
specified in Parts I and II are sufficient to ensure the safety of the 
fleet.

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 previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Cost Impact

    There are approximately 135 Model EMB-135 and -145 series airplanes 
of U.S. registry that will be affected by this AD.
    The repetitive replacements that are currently required by AD 99-
11-01 take approximately 2 work hours per airplane to accomplish, at an 
average labor rate of $60 per work hour. Based on these figures, the 
cost impact of the currently required actions on U.S. operators is 
estimated to be $16,200, or $120 per airplane, per each repetitive 
replacement. The new requirements of this AD add no additional economic 
burden.
    The cost impact figures discussed above is based on the assumption 
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)

[[Page 43623]]

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

0
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

0
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]

0
2. Section 39.13 is amended by removing amendment 39-11172 (64 FR 
26835, May 18, 1999), and by adding a new airworthiness directive (AD), 
amendment 39-13244, to read as follows:

2003-15-02 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-13244. Docket 2000-NM-257-AD. Supersedes AD 99-11-01, 
Amendment 39-11172.
    Applicability: All Model EMB-135 and EMB-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 (e) 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 failure of the bleed-air check valves on the bleed 
low-pressure line of the engines, which could result in engine 
compressor stall and consequent flameout of the affected engines; 
accomplish the following:

Restatement of Requirements of AD 99-11-01, Amendment 39-11172

    (a) For Model EMB-145 series airplanes: Prior to the 
accumulation of 2,000 total flight hours, or within 100 flight hours 
after June 2, 1999 (the effective date of AD 99-11-01, amendment 39-
11172), whichever occurs later: Replace the bleed-air check valves 
having part number (P/N) 816603-1, and associated gaskets having P/N 
24096-250C, on the bleed low-pressure lines of the left- and right-
hand engines, with new parts having the same P/Ns; per EMBRAER Alert 
Service Bulletin 145-36-A011, dated March 19, 1999; or EMBRAER 
Service Bulletin 145-36-0011, dated January 28, 2000; or Change 01, 
dated March 23, 2000. Thereafter, repeat the replacement at 
intervals not to exceed 2,000 flight hours in accordance with the 
service bulletin.

New Requirements of This AD

    Note 2: The replacement interval of 2,000 flight hours specified 
in paragraph (a) of this AD is required only until the requirements 
of paragraph (b) of this AD are implemented.

Replacement

    (b) For all airplanes: Replace any bleed-air check valve having 
either P/N 816603-1 or P/N 816603-2 on the bleed-air low-pressure 
lines of the left- and right-hand engines, and associated gaskets 
having P/N 24096-250C, with a new check valve and associated gaskets 
having the same P/N, or a new improved check valve having P/N 
816603-3 (including reworking the flanges) and associated gaskets 
having P/N 24096-250C; per EMBRAER Service Bulletin 145-36-0011, 
dated January 28, 2000; or Change 01, dated March 23, 2000; at the 
later of the times specified in paragraph (b)(1) or (b)(2) of this 
AD:
    (1) Before the accumulation of 1,600 total flight hours, or 
within 1,600 flight hours since the last replacement of the check 
valve, whichever occurs later; or
    (2) Within 200 flight hours after the effective date of this AD.

    Note 3: Where there are differences between this AD and the 
service bulletin, this AD prevails.

Repetitive Replacement

    (c) For all airplanes: If the bleed-air check valves on the 
bleed-air low-pressure lines of the left- and right-hand engines 
have been replaced with check valves having either P/N 816603-1 or 
P/N 816603-2 per paragraph (b) of this AD, repeat the replacement 
requirements of paragraph (b) of this AD, at intervals not to exceed 
1,600 flight hours, until the requirements of paragraph (d) of this 
AD are accomplished.

Optional Terminating Actions

    (d) Replace bleed-air check valves on the bleed-air low-pressure 
lines of the left- and right-hand engines, having P/N 816603-1 or P/
N 816603-2, with new improved bleed-air check valves having P/N 
816603-3 (including reworking the flanges), per EMBRAER Service 
Bulletin 145-36-0011, dated January 28, 2000; or Change 01, dated 
March 23, 2000. Accomplishment of these actions constitutes 
terminating action for the requirements of this AD.

Alternative Methods of Compliance

    (e) 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, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (f) Special flight permits may be issued in accordance with 
Sec. Sec.  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

    (g) The actions shall be done in accordance with EMBRAER Alert 
Service Bulletin 145-36-A011, dated March 19, 1999; EMBRAER Service 
Bulletin 145-36-0011, dated January 28, 2000; or EMBRAER Service 
Bulletin 145-36-0011, Change 01, dated March 23, 2000; as 
applicable.
    (1) The incorporation by reference of EMBRAER Service Bulletin 
145-36-0011, dated January 28, 2000; and EMBRAER Service Bulletin 
145-36-0011, Change 01, dated March 23, 2000; is approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51.
    (2) The incorporation by reference of EMBRAER Alert Service 
Bulletin 145-36-A011, dated March 19, 1999, was approved previously 
by the Director of the Federal Register as of June 2, 1999 (64 FR 
26835, May 18, 1999).
    (3) 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 Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.

    Note 5: The subject of this AD is addressed in Brazilian 
airworthiness directive 1999-04-01R2, dated May 30, 2000.

Effective Date

    (h) This amendment becomes effective on August 28, 2003.

    Issued in Renton, Washington, on July 15, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-18417 Filed 7-23-03; 8:45 am]
BILLING CODE 4910-13-P