[Federal Register Volume 63, Number 97 (Wednesday, May 20, 1998)]
[Rules and Regulations]
[Pages 27676-27677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13313]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-34-AD; Amendment 39-10536; AD 98-11-09]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model 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-145 series airplanes, that 
requires a one-time visual inspection of the pilot valve harness tubes 
for bulges and cracks, cleaning the tubes, applying sealant at the tube 
end opening, and replacing any discrepant tubes with serviceable tubes. 
This amendment also requires replacement of the pilot valve harness 
tubes and vent valve tubes with new tubes having improved anti-
corrosion protection. This amendment is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified by this AD are intended 
to prevent cracking of the pilot valve harness tubes, which could allow 
fuel to enter the conduit and leak overboard; this condition could 
result in increased risk of a fuel tank explosion and fire.

DATES: Effective June 24, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 24, 1998.

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, 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, 
ACE-115A, FAA, Small Airplane Directorate, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia 30337-2748; 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-145 
series airplanes was published in the Federal Register on March 27, 
1998 (63 FR 14853). That action proposed to require a one-time visual 
inspection of the pilot valve harness tubes for bulges and cracks, 
cleaning the tubes, applying sealant at the tube end opening, and 
replacing any discrepant tubes with serviceable tubes. That action also 
proposed to require replacement of the pilot valve harness tubes and 
vent valve tubes with new tubes having improved anti-corrosion 
protection.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 15 airplanes of U.S. registry will be 
affected by this AD.
    It will take approximately 2 work hours per airplane to accomplish 
the required inspection, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the inspection required by 
this AD on U.S. operators is estimated to be $1,800, or $120 per 
airplane.
    It will take approximately 8 work hours per airplane to accomplish 
the required replacement, at an average labor rate of $60 per work 
hour. Required parts will be provided by the manufacturer at no cost to 
the operator. Based on these figures, the cost impact of the 
replacement required by this AD on U.S. operators is estimated to be 
$7,200, or $480 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.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    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:

98-11-09  Empresa Brasileira De Aeronautica S.A. (Embraer): 
Amendment 39-10536. Docket 98-NM-34-AD.

    Applicability: Model EMB-145 series airplanes; as listed in 
EMBRAER Service Bulletin 145-28-0005, dated May 23, 1997, and 
EMBRAER Service Bulletin 145-28-0006, dated October 22, 1997; 
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

[[Page 27677]]

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 (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 cracking of the pilot valve harness tubes, which 
could allow fuel to enter the conduit and leak overboard, and result 
in increased risk of a fuel tank explosion and fire, accomplish the 
following:
    (a) Within 30 calendar days or 200 hours time-in-service after 
the effective date of this AD, whichever occurs later, perform a 
one-time visual inspection of the pilot valve harness tubes 
(conduit) for bulges and cracks, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-28-0005, 
dated May 23, 1997.
    (1) If no discrepancy is found in the harness tube, prior to 
further flight, clean the tube and apply sealant at the tube end 
opening in accordance with the service bulletin.
    (2) If any crack or bulge is found in the harness tube, prior to 
further flight, replace the tube with a new or serviceable tube, 
clean the tube, and apply sealant at the tube end opening in 
accordance with the service bulletin.
    (b) Within 4,000 hours time-in-service after the effective date 
of this AD, replace the existing pilot valve harness tubes and vent 
valve tubes with new tubes, in accordance with EMBRAER Service 
Bulletin 145-28-0006, dated October 22, 1997.
    (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, 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.

    (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.
    (e) The actions shall be done in accordance with EMBRAER Service 
Bulletin 145-28-0005, dated May 23, 1997, and EMBRAER Service 
Bulletin 145-28-0006, dated October 22, 1997. 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 97-07-02R1, dated January 15, 1998.

    (f) This amendment becomes effective on June 24, 1998.

    Issued in Renton, Washington, on May 13, 1998.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-13313 Filed 5-19-98; 8:45 am]
BILLING CODE 4910-13-U