Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39541

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–208–AD; Amendment

39–11801; AD 2000–13–02]

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; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain EMBRAER Model

EMB–135 and EMB–145 series

airplanes. This action requires revising

the Airplane Flight Manual, and

eventual disconnection of the precooler

differential pressure switches. This

action is necessary to prevent incorrect

operation of the precooler differential

pressure switches, which could result in

inappropriate automatic shutoff of the

engine bleed valve, and consequent

inability to restart a failed engine using

cross-bleed from the other engine or

possible failure of the anti-ice system.

This action is also necessary to ensure

that the flight crew is advised of the

procedures necessary to restart an

engine in flight using the auxiliary

power unit.

DATES: Effective July 3, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 3, 2000.

Comments for inclusion in the Rules

Docket must be received on or before

July 28, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

208–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: 9-

anm-iarcomment@faa.gov. Comments

sent via the Internet must contain

‘‘Docket No. 2000–NM–208–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, Small Airplane

Directorate, 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: Rob

Capezzuto, Aerospace Engineer,

Systems and Flight Test Branch, ACE–

116A, FAA, Small Airplane Directorate,

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: The

Departmento de Aviacao Civil (DAC),

which is the airworthiness authority for

Brazil, recently notified the FAA that an

unsafe condition may exist on certain

EMBRAER Model EMB–135 and EMB–

145 series airplanes. The DAC advises

that activation of the precooler

differential pressure switches may cause

inappropriate automatic shutoff of the

engine bleed valve on airplanes on

which EMBRAER Service Bulletin No.

145–36–0017, dated March 28, 2000, or

the production equivalent, has been

accomplished. The inappropriate

shutoff is due to incorrect operation of

the precooler differential pressure

switch and may result in the flight crew

being unable to restart a failed engine

using cross-bleed from the other engine.

Automatic shutoff of the engine bleed

valve could also occur during singlebleed operation of the anti-ice system,

resulting in possible failure of the antiice system.

Explanation of Relevant Service

Information

EMBRAER has issued Alert Service

Bulletin No. 145–36–A018, dated April

14, 2000, which describes procedures

for disconnection of the electrical

connector from precooler differential

pressure switches in the left and right

engine pylons. The DAC classified this

alert service bulletin as mandatory and

issued Brazilian airworthiness directive

2000–04–01R1, dated May 3, 2000, in

order to ensure 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 incorrect operation of the

precooler differential pressure switches,

which could result in automatic shutoff

of the engine bleed valve, and

consequent inability to restart a failed

engine using cross-bleed from the other

engine or possible failure of the anti-ice

system. This AD will also ensure that

the flight crew is advised of the

procedures necessary to restart an

engine in flight using the auxiliary

power unit (APU). This AD requires

revising the Limitations section of the

FAA-approved Airplane Flight Manual

(AFM) to prohibit departure without the

APU operating and single-bleed

operation in icing conditions. This AD

also requires revising the Abnormal

Procedures section of the AFM to

replace the existing ‘‘Engine Airstart’’

instructions with revised instructions

that clarify proper procedures for

restarting an engine using the APU. This

AD also requires accomplishment of the

actions specified in the alert service

bulletin described previously.

Following accomplishment of the

actions specified in the alert service

bulletin, the revision to the Limitations

section of the AFM described previously

may be removed.

Interim Action

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

further rulemaking.

Differences Between This AD and the

Brazilian Airworthiness Directive

Operators should note that, within 24

hours after the effective date of this AD,

this AD requires revising the

Limitations and Abnormal Procedures

39542 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

sections of the AFM as described

previously. This AD also requires,

within 100 flight hours after the

effective date of this AD,

accomplishment of the actions specified

in EMBRAER Alert Service Bulletin No.

145–36–A018. The Brazilian

airworthiness directive states that

dispatch with the APU inoperative is

prohibited immediately upon receipt of

their Emergency AD until the

accomplishment of the actions in the

alert service bulletin. The Brazilian

airworthiness directive further provides

some guidance for engine starting

assisted by the APU, but does not

provide the full details of this restart

procedure. The FAA finds that the

revision of the Limitations section

described previously is necessary to

mitigate the effects of incorrect

operation of the precooler differential

pressure switches until the switches are

disconnected. The FAA finds that

replacement of the existing ‘‘Engine

Airstart’’ procedure in the ‘‘Abnormal

Procedures’’ section of the AFM is

necessary to ensure that the procedure

is clear and that the flight crew is

properly advised of how to restart a

failed engine using the APU.

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 2000–NM–208–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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

2000–13–02 Empresa Brasileira de

Aeronautica S.A. (Embraer):

Amendment 39–11801. Docket 2000–

NM–208–AD.

Applicability: Model EMB–135 and EMB–

145 series airplanes; serial numbers 145095,

145099, 145179, 145189, 145197, 145198,

145209 through 145244 inclusive, and

145246 through 145249 inclusive; AND serial

numbers 145004 through 145094 inclusive,

145096 through 145098 inclusive, 145100

through 145103 inclusive, 145105 through

145121 inclusive, 145123 through 145139

inclusive, 145141 through 145153 inclusive,

145155 through 145178 inclusive, 145180

through 145188 inclusive, 145190 through

145196 inclusive, and 145199 through

145208 inclusive, on which EMBRAER

Service Bulletin No. 145–36–0017, dated

March 28, 2000, has been accomplished;

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 incorrect operation of the

precooler differential pressure switches,

which could result in inappropriate

automatic shutoff of the engine bleed valve,

and consequent inability to perform engine

cross-bleed restarts or possible failure of the

anti-ice system; and to ensure that the flight

crew is advised of proper procedures to

restart an engine using the auxiliary power

unit; accomplish the following:

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39543

Revision to Airplane Flight Manual:

Limitations Section

(a) Within 24 hours after the effective date

of this AD, revise the Limitations section of

the FAA-approved Airplane Flight Manual

(AFM) to include the following statements.

This may be accomplished by inserting a

copy of this AD into the AFM. Following

accomplishment of paragraph (c) of this AD,

the revisions required by this paragraph may

be removed from the AFM.

‘‘THE APU MUST BE OPERATIVE FOR

EVERY DEPARTURE.

SINGLE BLEED OPERATION IN ICING

CONDITIONS IS PROHIBITED.’’

Revision to Airplane Flight Manual:

Abnormal Procedures Section

(b) Within 24 hours after the effective date

of this AD, replace the existing ‘‘ENGINE

AIRSTART’’ procedure in the Abnormal

Procedures section of the AFM with the

following procedures. This may be

accomplished by inserting a copy of this AD

into the AFM.

‘‘ENGINE AIRSTART

Affected engine:

One Electric Fuel

Pump (A or B).

ON

Ignition .................. AUTO

Start/Stop Selector STOP

Engine Bleed ......... CLOSE

Thrust Lever ......... IDLE

Airspeed and Altitude.REFER TO

AIRSTART ENVELOPE

Perform an assisted start or windmilling, as

required.

CAUTION: IN ICING CONDITIONS USE

CROSSBLEED START ONLY, TO AVOID

LOSS OF ANTI-ICE SYSTEM

PERFORMANCE.

Assisted Start:

Crossbleed Start:

N2 (operating engine).ABOVE 80%

Crossbleed ............. AUTO OR OPEN

Engine Bleed (operating engine).OPEN

APU bleed start:

APU ....................... START

APU Bleed ............ OPEN

Crossbleed ............. AUTO

Engine Bleed (operating engine).CLOSE

Start/Stop Selector ....... START, THEN

RUN

Engine Indication ......... MONITOR

Check ITT and N2 rising. Observe limits.

Check ignition and fuel flow indication at

10% N2.

Windmilling Start:

Airspeed ................ ABOVE 260 KIAS

Minimum N2 ........ 12%

Start/Stop Selector START, THEN RUN

ITT and N2 ........... MONITOR

Note: Windmilling start will be slower than

an assisted start. Windmilling start with N2

above 30% and increasing, the loss of

altitude may be minimized, by reducing

airspeed. Start will be faster if ITT is below

320°C.

After Start:

Affected Engine

Bleed.

AS REQUIRED

Crossbleed ............. AUTO

APU Bleed ............ AS REQUIRED’’

Disconnection of the Precooler Differential

Pressure Switches

(c) Within 100 flight hours after the

effective date of this AD, disconnect the

electrical connector from the precooler

differential pressure switches in the left and

right engine pylons, in accordance with

EMBRAER Alert Service Bulletin No. 145–

36-A018, dated April 14, 2000. Following

accomplishment of this paragraph, the AFM

revision required by paragraph (a) of this AD

may be removed from the AFM.

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,

Small Airplane Directorate. 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 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 disconnection of the precooler

differential pressure switches shall be done

in accordance with EMBRAER Alert Service

Bulletin No. 145–36–A018, dated April 14,

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. Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Small Airplane

Directorate, 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 2000–04–

01R1, dated May 3, 2000.

Effective Date

(g) This amendment becomes effective on

July 3, 2000.

Issued in Renton, Washington, on June 20,

2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–16110 Filed 6–26–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE INTERIOR

Surface Mining Reclamation and

Enforcement

30 CFR Part 750

Surface Coal Mining and Reclamation

Operations; Permit fees

CFR Correction

In Title 30 of the Code of Federal

Regulations, parts 700–end, revised as

of July 1, 1999, on page 168, in the

second column of §750.25(d), the last

line of the table was inadvertently

omitted and should read as follows:

§ 750.25 Permit fees.

* * * * *

(d) Fee schedule for a new permit.

* * * ................................................ * * *

Decision document ........................ 2000.00

[FR Doc. 00–55511 Filed 6–26–00; 8:45 am]

BILLING CODE 1505–01–D

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–00–021]

RIN 2115–AA97

Safety Zone—Lake Erie, Port Clinton,

OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

Lake Erie, in the state of Ohio. This zone

restricts the entry of vessels into the

area designated for the July 4th, 2000

fireworks display. This temporary safety

zone is necessary to protect mariners in

case of accidental misfire of fireworks

mortar rounds.

DATES: This rule is effective from 2 p.m.,

to 11 p.m., July 4, 2000.

ADDRESSES: The U.S. Coast Guard

Marine Safety Office in Toledo, Ohio

maintains the public document for this

rule. Documents identified in this rule

will be available for public copying and

inspection between 9:30 A.M. and 2