28646 Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / Rules and Regulations

39–11749, or that has been approved by the

Manager, Los Angeles Aircraft Certification

Office (ACO), as an alternative method of

compliance with the requirements of AD

2000–11–01.

Note 4: Accomplishment of the action(s)

required by paragraphs (d)(2) or (d)(3) of this

AD does NOT terminate or otherwise amend

the requirements of AD 2000–11–01.

Operators are still required, within 5 years

after June 30, 2000 (the effective date of AD

2000–11–01), to replace insulation blankets

made from metallized

polyethyleneteraphthalate (MPET) with new

insulation blankets per AD 2000–11–01.

Compliance with Requirements of AD 2000–

11–01

(e) Accomplishment of the replacement

required by paragraph (d)(1) or (d)(4) of this

AD is acceptable for compliance with AD

2000–11–01 for the replaced blanket only.

Alternative Methods of Compliance

(f) 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, Los

Angeles 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, Los Angeles ACO.

Note 5: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

Special Flight Permits

(g) Special flight permits may be issued in

accordance with §§ 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

(h) Except as provided by paragraphs (d)(3)

and (d)(4) of this AD, the actions shall be

done in accordance with Boeing Alert

Service Bulletin MD80–30A092, including

Appendix, dated March 14, 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 Boeing

Commercial Aircraft Group, Long Beach

Division, 3855 Lakewood Boulevard, Long

Beach, California 90846, Attention: Data and

Service Management, Dept. C1–L5A (D800–

0024). Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

FAA, Los Angeles Aircraft Certification

Office, 3960 Paramount Boulevard,

Lakewood, California; or at the Office of the

Federal Register, 800 North Capitol Street,

NW., suite 700, Washington, DC.

Effective Date

(i) This amendment becomes effective on

June 8, 2001.

Issued in Renton, Washington, on May 16,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–12944 Filed 5–23–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–NM–116–AD; Amendment

39–12241; AD 2001–10–15]

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.

SUMMARY: This document adopts a new

airworthiness directive (AD) that is

applicable to certain EMBRAER Model

EMB–135 and –145 series airplanes.

This action requires a one-time

inspection to detect incorrect wiring of

electrical connectors to the pressure

switches and cartridges on the fire

extinguisher bottles for the engines and

the auxiliary power unit (APU);

disconnection and reconnection of the

wiring, as necessary; and adjustment of

the length of the harnesses on the fire

extinguisher bottles to avoid future

misconnections. This action is

prompted by the issuance of mandatory

continuing airworthiness information

issued by a foreign civil airworthiness

authority. This action is necessary to

prevent the issuance of erroneous

commands or the receipt of erroneous

information pertaining to the fire

extinguisher system for the engines and

the APU, which could result in the

inability to put out a fire in an engine

or in the APU. This action is intended

to address the identified unsafe

condition.

DATES: Effective June 8, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 8,

2001.

Comments for inclusion in the Rules

Docket must be received on or before

June 25, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2001–NM–

116–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 fax or the Internet must contain

‘‘Docket No. 2001–NM–116–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

the proposed rule 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 the FAA, Atlanta

Aircraft Certification Office (ACO), 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:

Thomas Peters, Aerospace Engineer,

Program Management and Services

Branch, ACE–118A, FAA, Atlanta

Aircraft Certification Office, One Crown

Center, 1895 Phoenix Boulevard, suite

450, Atlanta, Georgia 30349; telephone

(770) 703–6063; fax (770) 703–6097.

SUPPLEMENTARY INFORMATION: The

Departmento de Aviacao Civil (DAC),

which is the airworthiness authority for

Brazil, notified the FAA that an unsafe

condition may exist on certain

EMBRAER Model EMB–135 and –145

series airplanes. The DAC advises that

electrical connectors to pressure

switches and cartridges on the fire

extinguisher bottles for the engines and

the auxiliary power unit (APU) may

have been reversed during production

or maintenance. This condition, if not

corrected, could result in the issuance of

erroneous commands or the receipt of

erroneous information pertaining to the

fire extinguisher system for the engines

and the APU, resulting in the inability

to put out a fire in an engine or the APU.

Explanation of Relevant Service

Information

EMBRAER has issued Service Bulletin

145–26–0009, dated January 26, 2001,

which describes procedures for a onetime general visual inspection to detect

Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / Rules and Regulations 28647

incorrect wiring of electrical connectors

to the pressure switches and cartridges

on the fire extinguisher bottles for the

engines and the APU; disconnection

and reconnection of the wiring, as

necessary; and adjustment of the length

of the electrical harnesses on the fire

extinguisher bottles to avoid future

misconnections. Accomplishment of the

actions specified in the service bulletin

is intended to adequately address the

identified unsafe condition. The DAC

classified this service bulletin as

mandatory and issued Brazilian

airworthiness directive 2001–04–01,

dated April 23, 2001, in order to assure

the continued airworthiness of these

airplanes in Brazil.

FAA’s Conclusions

The airplane models are

manufactured in Brazil and are type

certificated for operation in the United

States under the provisions of § 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 the issuance of erroneous

commands or the receipt of erroneous

information pertaining to the fire

extinguisher system for the engines and

the APU, resulting in the inability to put

out a fire in an engine or the APU. This

AD requires accomplishment of the

actions specified in the service bulletin

described previously.

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–116–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 proposes to amend 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:

2001–10–15 Empresa Brasileira de

Aeronautica S.A. (EMBRAER):

Amendment 39–12241. Docket 2001–

NM–116–AD.

Applicability: Model EMB–135 and –145

series airplanes, certificated in any category,

having serial numbers listed in EMBRAER

Service Bulletin 145–26–0009, dated January

26, 2001.

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 (b) 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 the issuance of erroneous

commands or the receipt of erroneous

information pertaining to the fire

extinguishing system for the engines and the

auxiliary power unit (APU), resulting in the

28648 Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / Rules and Regulations

inability to put out a fire in an engine or in

the APU, accomplish the following:

Inspection

(a) Within 100 flight hours after the

effective date of this AD: Perform a one-time

general visual inspection to detect incorrect

wiring of electrical connectors to the pressure

switches and cartridges on the fire

extinguisher bottles for the engines and the

APU, in accordance with paragraph 3.D. of

the Accomplishment Instructions of

EMBRAER Service Bulletin 145–26–0009,

dated January 26, 2001.

Note 2: For the purposes of this AD, a

general visual inspection is defined as: ‘‘A

visual examination of an interior or exterior

area, installation, or assembly to detect

obvious damage, failure, or irregularity. This

level of inspection is made under normally

available lighting conditions such as

daylight, hangar lighting, flashlight, or droplight, and may require removal or opening of

access panels or doors. Stands, ladders, or

platforms may be required to gain proximity

to the area being checked.’’

(1) If the wiring connections are correct:

Prior to further flight, adjust the length of the

harnesses to the fire extinguisher bottles, in

accordance with the service bulletin.

(2) If the wiring connections are incorrect:

Prior to further flight, re-connect them and

adjust the length of the harnesses to the fire

extinguisher bottles, in accordance with the

service bulletin.

Alternative Methods of Compliance

(b) 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 3: 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

(c) Special flight permits may be issued in

accordance with §§ 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

(d) The inspection, reconnection, and

adjustment shall be done in accordance with

EMBRAER Service Bulletin 145–26–0009,

dated January 26, 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; or at the

FAA, Atlanta ACO, 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 4: The subject of this AD is addressed

in Brazilian airworthiness directive 2001–04–

01, dated April 23, 2001.

Effective Date

(e) This amendment becomes effective on

June 8, 2001.

Issued in Renton, Washington, on May 17,

2001.

Vi L. Lipski,

Manager, Transport Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–12986 Filed 5–23–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–NM–81–AD; Amendment

39–12240; AD 2001–10–14]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737, 747, 757, 767, and 777

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 Boeing Model 737,

747, 757, 767, and 777 series airplanes.

This action requires repetitive

inspections of any chemical oxygen

generators and/or passenger, attendant,

or lavatory service unit assemblies of

the passenger oxygen system that have

been replaced, to verify correct

installation of the release pin in the

generator firing mechanism of the

oxygen generator; and corrective action,

if necessary. This action is necessary to

find and fix incorrect installation of the

release pin in the generator firing

mechanism, which could result in the

unavailability of supplemental oxygen

and possible incapacitation of

passengers and cabin crew during an inflight decompression. This action is

intended to address the identified

unsafe condition.

DATES: Effective June 8, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 8,

2001.

Comments for inclusion in the Rules

Docket must be received on or before

July 23, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2001–NM–

81–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 fax or the Internet must contain

‘‘Docket No. 2001–NM–81–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 Boeing

Commercial Airplane Group, P.O. Box

3707, Seattle, Washington 98124–2207.

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:

Susan Letcher, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130S, FAA, Seattle Aircraft Certification

Office, 1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2670; fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: The FAA

has received reports indicating the

incorrect installation of the release pin

in the generator firing mechanism of the

chemical oxygen generator of the

passenger, attendant, and lavatory

service unit assemblies. One report on a

Model 757 series airplane revealed that

11 oxygen generators failed to activate

following a decompression event, due to

incorrect installation of the release pins

in the generator firing mechanism.

Investigation of certain other Model 757

series airplanes revealed additional

generators with incorrectly installed

release pins. Another report on a Model

737 series airplane revealed incorrectly

installed release pins on half the

generators on that airplane. The

incorrect installation is attributed to

inadequate operator maintenance. Such

incorrect installation can prevent

activation of the chemical oxygen

generator, which releases the flow of

supplemental oxygen through the

oxygen masks, and could result in

incapacitation of passengers and cabin

crew during an in-flight decompression.