Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and -145 Series Airplanes, 2057-2060 [05-539]
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Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Proposed Rules
For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 05–589 Filed 1–11–05; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–20011; Directorate
Identifier 2003–NM–22–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135 and –145
Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to
supersede an existing airworthiness
directive (AD) that applies to certain
EMBRAER Model EMB–135 and –145
series airplanes. The existing AD
currently requires revising the airplane
flight manual (AFM) to prohibit in-flight
auxiliary power unit (APU) starts, and
installing a placard on or near the APU
start/stop switch panel to provide such
instructions to the flightcrew. This
proposed AD would add an optional
revision to the AFM that allows limited
APU starts and would add a terminating
action. This proposed AD is prompted
by the airplane manufacturer
developing modifications that revise or
eliminate the need for restrictions to inflight APU starts. We are proposing this
AD to prevent flame backflow into the
APU compartment through the eductor
during in-flight APU starts, which could
result in fire in the APU compartment.
DATES: We must receive comments on
this proposed AD by February 11, 2005.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD.
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street SW., Nassif Building,
room PL–401, Washington, DC 20590.
• Fax: (202) 493–2251.
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• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in
this proposed AD, contact Empresa
Brasileira de Aeronautica S.A.
(EMBRAER), P.O. Box 343–CEP 12.225,
Sao Jose dos Campos—SP, Brazil.
You can examine the contents of this
AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street
SW., room PL–401, on the plaza level of
the Nassif Building, Washington, DC.
This docket number is FAA–2005–
20011; the directorate identifier for this
docket is 2003–NM–22–AD.
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:
Comments Invited
We invite you to submit any relevant
written data, views, or arguments
regarding this proposed AD. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
2005–20011; Directorate Identifier
2003–NM–22–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of the proposed AD. We will
consider all comments received by the
closing date and may amend the
proposed AD in light of those
comments.
We will post all comments we
receive, without change, to https://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact with FAA
personnel concerning this proposed AD.
Using the search function of our docket
Web site, anyone can find and read the
comments in any of our dockets,
including the name of the individual
who sent the comment (or signed the
comment on behalf of an association,
business, labor union, etc.). You can
review the DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78), or you can visit https://
dms.dot.gov.
Examining the Docket
You can examine the AD docket on
the Internet at https://dms.dot.gov, or in
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2057
person at the Docket Management
Facility office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The Docket
Management Facility office (telephone
(800) 647–5227) is located on the plaza
level of the Nassif Building at the DOT
street address stated in the ADDRESSES
section. Comments will be available in
the AD docket shortly after the DMS
receives them.
Discussion
On May 7, 2001, we issued AD 2001–
10–01, amendment 39–12226 (66 FR
24049, May 11, 2001), for certain
EMBRAER Model EMB–135 and EMB–
145 series airplanes. That AD requires
revising the FAA-approved Airplane
Flight Manual (AFM) to prohibit inflight auxiliary power unit (APU) starts,
and installing a placard on or near the
APU start/stop switch panel to provide
such instructions to the flight crew.
That AD was prompted by reports that
two APU fire alarms were triggered
during in-flight APU starts. We issued
that AD to prevent flame backflow into
the APU compartment through the
eductor during in-flight APU starts,
which could result in fire in the APU
compartment.
Actions Since Existing AD Was Issued
Since we issued AD 2001–10–01, the
airplane manufacturer has developed
modifications specified in several
service bulletins that allow for a change
to restrictions placed on in-flight APU
starts as well as the elimination of the
need for restrictions placed on in-flight
APU starts. We have determined that
these modifications address the
identified unsafe condition and enable
operators to do in-flight APU starts.
Also, the preamble to AD 2001–10–01
explains that we considered the
requirements of that AD ‘‘interim
action’’ and were considering further
rulemaking. We now have determined
that further rulemaking is indeed
necessary, and this proposed AD
follows from that determination.
Relevant Service Information
EMBRAER has issued the following
service bulletins:
• EMBRAER Alert Service Bulletin
145–49–A017, dated April 12, 2001,
which describes procedures for
installing a placard in the pedestal
panel.
• EMBRAER Service Bulletin 145–
49–0017, Change 01, dated June 7, 2001,
which describes procedures for
measuring the gap between the APU and
the APU exhaust silencer, installing a
flush-type APU air inlet, part number
(P/N) 120–45060–001, installing a
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placard, and contacting the
manufacturer if measurements are not
within the limits specified in the service
bulletin. The service bulletin also
specifies prior to or concurrent
accomplishment of EMBRAER Service
Bulletin 145–49–0009.
• EMBRAER Service Bulletin 145–
49–0018, Change 03, dated January 3,
2002, which describes procedures for
measuring the gap between the APU and
the APU exhaust silencer, installing a
flush-type APU air inlet, P/N 145–
48999–401, removing a placard,
reidentifying the APU cowling, and
contacting the manufacturer if
measurements are not within the limits
specified in the service bulletin. The
service bulletin also specifies prior to or
concurrent accomplishment of
EMBRAER Service Bulletin 145–49–
0009.
• EMBRAER Service Bulletin 145–
49–0009, Change 07, dated September 1,
2002, which describes procedures for
installing an APU silencer.
Accomplishing the actions specified
in the service information is intended to
adequately address the unsafe
condition. The Departmento de Aviacao
Civil (DAC) issued Brazilian
airworthiness directive 2001–04–02R2,
dated June 29, 2001, to ensure the
continued airworthiness of these
airplanes in Brazil. The Brazilian
airworthiness directive references
procedures specified in the service
information.
FAA’s Determination and Requirements
of the Proposed AD
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. We have examined the
DAC’s findings, evaluated all pertinent
information, and determined that AD
action is necessary for airplanes of this
type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD,
which would supersede AD 2001–10–
01. This proposed AD would retain the
actions required in AD 2001–10–01. The
proposed AD would also require
accomplishing the actions specified in
the service bulletins described
previously, as applicable, except as
discussed under ‘‘Difference Between
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the Proposed AD and Service
Bulletins.’’
the FAA to mandate the terminating
action.
Difference Between Proposed AD and
Service Bulletins
The Brazilian airworthiness directive
also references EMBRAER Service
Bulletin 145–49–0018, original issue, or
further revisions, for accomplishing the
optional terminating action. This
proposed AD specifies the terminating
action also be done in accordance with
EMBRAER Service Bulletin 145–49–
0018, Change 03, dated January 3, 2002.
We have not given credit for actions
done with previous issues of the service
bulletin because there is additional
work needed in Change 03 of the service
bulletin.
EMBRAER Service Bulletin 145–49–
0017, Change 01, dated June 7, 2001;
and EMBRAER Service Bulletin 145–
49–0018, Change 03, dated January 3,
2002; specify that you may contact the
manufacturer for instructions on how to
repair certain conditions, but this
proposed AD would require you to
repair those conditions using a method
that we or the DAC (or its delegated
agent) approve. In light of the type of
repair that would be required to address
the unsafe condition, and consistent
with existing bilateral airworthiness
agreements, we have determined that,
for this proposed AD, a repair we or the
DAC approve would be acceptable for
compliance with this proposed AD.
Differences Between Proposed AD and
Foreign AD
Operators should note the following
differences between the proposed AD
and Brazilian airworthiness directive
2001–04–02R2, dated June 29, 2001:
The Brazilian airworthiness directive
references EMBRAER Service Bulletin
145–49–0009, Revision 03, dated May
15, 2001, for accomplishing the optional
terminating action. This proposed AD
specifies that terminating action be done
within 8,000 flight hours after the
effective date of the AD in accordance
with EMBRAER Service Bulletin 145–
49–0009, Change 07, dated September 1,
2002. We have not given credit for
actions done with previous issues of the
service bulletin because there is
additional work needed in Change 07 of
the service bulletin. Mandating the
terminating action is based on our
determination that, in this case, longterm continued operational safety
would be better ensured by a
modification to remove the source of the
problem, rather than by revising flight
procedures. While revising flight
procedures ensures that the flightcrew is
informed that an unsafe condition may
exist, it does not remove the source of
that unsafe condition. Human factors
(e.g., variations in flightcrew training
and familiarity with the airplane,
flightcrew awareness in the presence of
other hazards, and flightcrew fatigue)
may allow an inadvertent APU start and
result in the unsafe condition. Thus,
revisions to flight procedures are not
considered adequate to provide the
degree of safety assurance necessary for
the transport airplane fleet.
Consideration of these factors has led
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These differences have been
coordinated with the Brazilian
airworthiness authority.
Clarification of Applicability
AD 2001–10–01 has an applicability
that specifies ‘‘* * * with Hamilton
Sundstrand Power Systems auxiliary
power unit (APU) model T–62T–40C14
(APS 500R).’’ This proposed AD has an
applicability that specifies ‘‘* * * with
Hamilton Sundstrand auxiliary power
unit (APU) model T–62T–40C14 (APU
500R).’’ The ‘‘S’’ in APS 500R of the
applicability of AD 2001–10–01 is a
typographical error; APU 500R is the
correct nomenclature. We also revised
the nomenclature of the APU
manufacturer from Hamilton
Sundstrand Power Systems to Hamilton
Sundstrand, which matches the
nomenclature specified in the Brazilian
airworthiness directive.
Change to Existing AD
This proposed AD would retain all
requirements of AD 2001–10–01. Since
AD 2001–10–01 was issued, the AD
format has been revised, and certain
paragraphs have been rearranged. As a
result, the corresponding paragraph
identifiers have changed in this
proposed AD, as listed in the following
table:
REVISED PARAGRAPH IDENTIFIERS
Requirement in AD
2001–10–01
Paragraph (a) ............
Corresponding
requirement in this
proposed AD
Paragraph (f)
Costs of Compliance
The following table provides the
estimated costs for U.S. operators to
comply with this proposed AD.
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ESTIMATED COSTS
Work
hours
Action
Installation of placard (required by AD 2001–10–01)
Terminating action (new proposed action) ................
Concurrent action (new proposed action) .................
Optional installation of APU air inlet and placard
(new proposed optional action).
1 Depends
Average
labor rate
per hour
1
4
6
2
$65
65
65
65
Parts
None
$1,514
38,500
397
Cost per airplane
$65
1,774
38,890
527
290
290
290
290
Fleet cost
$18,850
514,460
11,278,100
(1)
on # of airplanes on which installation is done.
Authority for This Rulemaking
List of Subjects in 14 CFR Part 39
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701, ‘‘General requirements.’’ Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
proposed AD.
Air transportation, Aircraft, Aviation
safety, Safety.
Regulatory Findings
We have determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would 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.
For the reasons discussed above, I
certify that the proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
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.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD. See the ADDRESSES
section for a location to examine the
regulatory evaluation.
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U.S.-registered airplanes
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The Proposed Amendment
the compliance times specified, unless the
actions have already been done.
Requirements of AD 2001–10–01,
Amendment 39–12226 and New Note
PART 39—AIRWORTHINESS
DIRECTIVES
Airplane Flight Manual (AFM) Revision
(f) Within 25 flight hours or 10 days after
May 29, 2001 (the effective date of AD 2001–
10–01), whichever occurs first, accomplish
the actions required by paragraphs (f)(1) and
(f)(2) of this AD.
(1) Install a placard on or near the APU
start/stop switch panel that reads:
1. The authority citation for part 39
continues to read as follows:
‘‘CAUTION: IN-FLIGHT APU STARTS ARE
PROHIBITED’’
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing amendment 39–12226 (66 FR
24049, May 11, 2001) and adding the
following new airworthiness directive
(AD):
Empresa Brasileira de Aeronautica S.A.
(EMBRAER): Docket No. FAA–2005–
20011; Directorate Identifier 2003–NM–
22–AD.
Comments Due Date
(a) The Federal Aviation Administration
must receive comments on this AD action by
February 11, 2005.
Affected ADs
(b) This AD supersedes AD 2001–10–01,
amendment 39–12226 (66 FR 24049, May 11,
2001).
Applicability
(c) This AD applies to EMBRAER Model
EMB–135 and –145 series airplanes,
certificated in any category, equipped with
Hamilton Sundstrand auxiliary power unit
(APU) model T–62T–40C14 (APU 500R).
Unsafe Condition
(d) This AD was prompted by the airplane
manufacturer developing modifications that
revise or eliminate the need for restrictions
to in-flight APU starts. We are issuing this
AD to prevent flame backflow into the APU
compartment through the eductor during inflight APU starts, which could result in fire
in the APU compartment.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
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Note 1: Installing a placard in accordance
with EMBRAER Alert Service Bulletin 145–
49–A017, dated April 12, 2001, is acceptable
for compliance with the action required by
paragraph (f)(1) of this AD.
(2) Revise the Limitations section of the
AFM to include the information on the
placard, as specified in paragraph (f)(1) of
this AD, and to limit APU starts to ground
conditions only. This may be accomplished
by inserting a copy of this AD in the AFM.
Note 2: Because APU starts are prohibited
in flight when an engine-driven generator is
inoperative, the APU must be started on the
ground in order to dispatch, and the APU
must be kept operational for the entire flight.
Terminating Requirements of This AD and
Optional Action
Optional New Limitations for APU Starts
(g) Doing the actions specified in
paragraphs (g)(1) and (g)(2) of this AD in
accordance with EMBRAER Service Bulletin
145–49–0017, Change 01, dated June 7, 2001,
terminates the requirements of paragraph (f)
of this AD.
(1) Measure the gap between the APU and
the APU exhaust silencer, install a flush-type
APU air inlet, and install or replace, as
applicable, the placard on or near the APU
start/stop switch panel with a placard that
reads:
‘‘CAUTION: IN-FLIGHT APU STARTS ARE
LIMITED TO FLIGHT ENVELOPE UP TO
15KFT/320KIAS (NORMAL APU STARTS)
OR 15KFT/200KIAS (BATTERY SUPPORT
ONLY)’’
(2) Revise the Limitations section of the
AFM to include the information on the
placard specified in paragraph (g)(1) of this
AD to limit APU starts. This may be
accomplished by inserting a copy of this AD
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in the AFM. Remove any existing copy of AD
2001–10–01 from the AFM.
DEPARTMENT OF TRANSPORTATION
Terminating Action for This AD
(h) Within 8,000 flight hours after the
effective date of this AD, measure the gap
between the APU and the APU exhaust
silencer, install a flush type APU air inlet,
remove any placard on or near the APU start/
stop switch panel that limits APU starts, and
reidentify the APU cowling, in accordance
with EMBRAER Service Bulletin 145–49–
0018, Change 03, dated January 3, 2002,
except as provided by paragraph (j) of this
AD. Doing the actions in paragraph (h) of this
AD terminates the requirements of
paragraphs (f) and (g) of this AD and any
copy of AD 2001–10–01 or this AD may be
removed from the AFM.
Federal Aviation Administration
Prior to or Concurrent Requirements
(i) Prior to or concurrently with the actions
specified in paragraphs (g) and (h) of this AD,
install an APU silencer in accordance with
EMBRAER Service Bulletin 145–49–0009,
Change 07, dated September 1, 2002.
Contact the FAA or Departmento de Aviacao
Civil (DAC)
(j) If, during the actions required by
paragraphs (g) and (h) of this AD, any
measurement exceeds the limits specified in
EMBRAER Service Bulletin 145–49–0017,
Change 01, dated June 7, 2001; or EMBRAER
Service Bulletin 145–49–0018, Change 03,
dated January 3, 2002; as applicable; and the
service bulletin specifies to contact
EMBRAER: Before further flight, repair per a
method approved by either the Manager,
International Branch, ANM–116, FAA,
Transport Airplane Directorate; or the DAC
(or its delegated agent).
Actions Accomplished According to
Previous Issue of Service Bulletin
(k) Actions accomplished before the
effective date of this AD according to
EMBRAER Service Bulletin 145–49–0017,
dated May 15, 2001, are considered
acceptable for compliance with the
corresponding actions specified in this AD.
Alternative Methods of Compliance
(AMOCs)
(l)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) AMOCs approved previously in
accordance with AD 2001–10–01,
amendment 39–12226, are approved as
AMOCs for the corresponding requirements
in paragraph (f) of this AD.
Related Information
(m) Brazilian airworthiness directive 2001–
04–02R2, dated June 29, 2001, also addresses
the subject of this AD.
Issued in Renton, Washington, on
December 30, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–539 Filed 1–11–05; 8:45 am]
BILLING CODE 4910–13–U
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14 CFR Part 39
[Docket No. FAA–2005–20023; Directorate
Identifier 2004–NM–49–AD]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 707 Airplanes and Model 720
and 720B Series Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to
supersede an existing airworthiness
directive (AD) that applies to certain
Boeing Model 707 airplanes and Model
720 and 720B series airplanes. The
existing AD currently requires a
preventive modification of the front spar
fitting on the outboard engine nacelle.
This proposed AD would remove the
requirement to do this preventive
modification, and would require
repetitive inspections for cracking of the
front spar fitting of the inboard and
outboard nacelle struts, and
replacement of any cracked fitting with
a new fitting. The proposed AD would
also apply to more airplanes. This
proposed AD is prompted by a report
indicating that a crack was found in a
front spar fitting that had been replaced
as part of the modification required by
the existing AD. We are proposing this
AD to detect and correct this cracking,
which could result in reduced structural
integrity of the engine nacelle, and
consequent separation of an engine from
the airplane.
DATES: We must receive comments on
this proposed AD by February 28, 2005.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD.
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
room PL–401, Washington, DC 20590.
• Fax: (202) 493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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For service information identified in
this proposed AD, contact Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207.
You can examine the contents of this
AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street,
SW., room PL–401, on the plaza level of
the Nassif Building, Washington, DC.
This docket number is FAA–2005–
20023; the directorate identifier for this
docket is 2004–NM–49–AD.
FOR FURTHER INFORMATION CONTACT:
Candice Gerretsen, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 917–6428; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant
written data, views, or arguments
regarding this proposed AD. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
2005–20023; Directorate Identifier
2004–NM–49–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of the proposed AD. We will
consider all comments received by the
closing date and may amend the
proposed AD in light of those
comments.
We will post all comments we
receive, without change, to https://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact with FAA
personnel concerning this proposed AD.
Using the search function of our docket
Web site, anyone can find and read the
comments in any of our dockets,
including the name of the individual
who sent the comment (or signed the
comment on behalf of an association,
business, labor union, etc.). You can
review the DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78), or you can visit https://
dms.dot.gov.
Examining the Docket
You can examine the AD docket on
the Internet at https://dms.dot.gov, or in
person at the Docket Management
Facility office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The Docket
Management Facility office (telephone
(800) 647–5227) is located on the plaza
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[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Proposed Rules]
[Pages 2057-2060]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-539]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20011; Directorate Identifier 2003-NM-22-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 and -145 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain EMBRAER Model EMB-135 and -145
series airplanes. The existing AD currently requires revising the
airplane flight manual (AFM) to prohibit in-flight auxiliary power unit
(APU) starts, and installing a placard on or near the APU start/stop
switch panel to provide such instructions to the flightcrew. This
proposed AD would add an optional revision to the AFM that allows
limited APU starts and would add a terminating action. This proposed AD
is prompted by the airplane manufacturer developing modifications that
revise or eliminate the need for restrictions to in-flight APU starts.
We are proposing this AD to prevent flame backflow into the APU
compartment through the eductor during in-flight APU starts, which
could result in fire in the APU compartment.
DATES: We must receive comments on this proposed AD by February 11,
2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343-CEP
12.225, Sao Jose dos Campos--SP, Brazil.
You can examine the contents of this AD docket on the Internet at
https://dms.dot.gov, or in person at the Docket Management Facility,
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401,
on the plaza level of the Nassif Building, Washington, DC. This docket
number is FAA-2005-20011; the directorate identifier for this docket is
2003-NM-22-AD.
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:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-20011;
Directorate Identifier 2003-NM-22-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to https://
dms.dot.gov, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of our
docket Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You can review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit https://dms.dot.gov.
Examining the Docket
You can examine the AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the DMS receives them.
Discussion
On May 7, 2001, we issued AD 2001-10-01, amendment 39-12226 (66 FR
24049, May 11, 2001), for certain EMBRAER Model EMB-135 and EMB-145
series airplanes. That AD requires revising the FAA-approved Airplane
Flight Manual (AFM) to prohibit in-flight auxiliary power unit (APU)
starts, and installing a placard on or near the APU start/stop switch
panel to provide such instructions to the flight crew. That AD was
prompted by reports that two APU fire alarms were triggered during in-
flight APU starts. We issued that AD to prevent flame backflow into the
APU compartment through the eductor during in-flight APU starts, which
could result in fire in the APU compartment.
Actions Since Existing AD Was Issued
Since we issued AD 2001-10-01, the airplane manufacturer has
developed modifications specified in several service bulletins that
allow for a change to restrictions placed on in-flight APU starts as
well as the elimination of the need for restrictions placed on in-
flight APU starts. We have determined that these modifications address
the identified unsafe condition and enable operators to do in-flight
APU starts.
Also, the preamble to AD 2001-10-01 explains that we considered the
requirements of that AD ``interim action'' and were considering further
rulemaking. We now have determined that further rulemaking is indeed
necessary, and this proposed AD follows from that determination.
Relevant Service Information
EMBRAER has issued the following service bulletins:
EMBRAER Alert Service Bulletin 145-49-A017, dated April
12, 2001, which describes procedures for installing a placard in the
pedestal panel.
EMBRAER Service Bulletin 145-49-0017, Change 01, dated
June 7, 2001, which describes procedures for measuring the gap between
the APU and the APU exhaust silencer, installing a flush-type APU air
inlet, part number (P/N) 120-45060-001, installing a
[[Page 2058]]
placard, and contacting the manufacturer if measurements are not within
the limits specified in the service bulletin. The service bulletin also
specifies prior to or concurrent accomplishment of EMBRAER Service
Bulletin 145-49-0009.
EMBRAER Service Bulletin 145-49-0018, Change 03, dated
January 3, 2002, which describes procedures for measuring the gap
between the APU and the APU exhaust silencer, installing a flush-type
APU air inlet, P/N 145-48999-401, removing a placard, reidentifying the
APU cowling, and contacting the manufacturer if measurements are not
within the limits specified in the service bulletin. The service
bulletin also specifies prior to or concurrent accomplishment of
EMBRAER Service Bulletin 145-49-0009.
EMBRAER Service Bulletin 145-49-0009, Change 07, dated
September 1, 2002, which describes procedures for installing an APU
silencer.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The Departmento de
Aviacao Civil (DAC) issued Brazilian airworthiness directive 2001-04-
02R2, dated June 29, 2001, to ensure the continued airworthiness of
these airplanes in Brazil. The Brazilian airworthiness directive
references procedures specified in the service information.
FAA's Determination and Requirements of the Proposed AD
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. We have examined the DAC's findings,
evaluated all pertinent information, and determined that AD action is
necessary for airplanes of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would supersede AD 2001-
10-01. This proposed AD would retain the actions required in AD 2001-
10-01. The proposed AD would also require accomplishing the actions
specified in the service bulletins described previously, as applicable,
except as discussed under ``Difference Between the Proposed AD and
Service Bulletins.''
Difference Between Proposed AD and Service Bulletins
EMBRAER Service Bulletin 145-49-0017, Change 01, dated June 7,
2001; and EMBRAER Service Bulletin 145-49-0018, Change 03, dated
January 3, 2002; specify that you may contact the manufacturer for
instructions on how to repair certain conditions, but this proposed AD
would require you to repair those conditions using a method that we or
the DAC (or its delegated agent) approve. In light of the type of
repair that would be required to address the unsafe condition, and
consistent with existing bilateral airworthiness agreements, we have
determined that, for this proposed AD, a repair we or the DAC approve
would be acceptable for compliance with this proposed AD.
Differences Between Proposed AD and Foreign AD
Operators should note the following differences between the
proposed AD and Brazilian airworthiness directive 2001-04-02R2, dated
June 29, 2001:
The Brazilian airworthiness directive references EMBRAER Service
Bulletin 145-49-0009, Revision 03, dated May 15, 2001, for
accomplishing the optional terminating action. This proposed AD
specifies that terminating action be done within 8,000 flight hours
after the effective date of the AD in accordance with EMBRAER Service
Bulletin 145-49-0009, Change 07, dated September 1, 2002. We have not
given credit for actions done with previous issues of the service
bulletin because there is additional work needed in Change 07 of the
service bulletin. Mandating the terminating action is based on our
determination that, in this case, long-term continued operational
safety would be better ensured by a modification to remove the source
of the problem, rather than by revising flight procedures. While
revising flight procedures ensures that the flightcrew is informed that
an unsafe condition may exist, it does not remove the source of that
unsafe condition. Human factors (e.g., variations in flightcrew
training and familiarity with the airplane, flightcrew awareness in the
presence of other hazards, and flightcrew fatigue) may allow an
inadvertent APU start and result in the unsafe condition. Thus,
revisions to flight procedures are not considered adequate to provide
the degree of safety assurance necessary for the transport airplane
fleet. Consideration of these factors has led the FAA to mandate the
terminating action.
The Brazilian airworthiness directive also references EMBRAER
Service Bulletin 145-49-0018, original issue, or further revisions, for
accomplishing the optional terminating action. This proposed AD
specifies the terminating action also be done in accordance with
EMBRAER Service Bulletin 145-49-0018, Change 03, dated January 3, 2002.
We have not given credit for actions done with previous issues of the
service bulletin because there is additional work needed in Change 03
of the service bulletin.
These differences have been coordinated with the Brazilian
airworthiness authority.
Clarification of Applicability
AD 2001-10-01 has an applicability that specifies `` * * * with
Hamilton Sundstrand Power Systems auxiliary power unit (APU) model T-
62T-40C14 (APS 500R).'' This proposed AD has an applicability that
specifies `` * * * with Hamilton Sundstrand auxiliary power unit (APU)
model T-62T-40C14 (APU 500R).'' The ``S'' in APS 500R of the
applicability of AD 2001-10-01 is a typographical error; APU 500R is
the correct nomenclature. We also revised the nomenclature of the APU
manufacturer from Hamilton Sundstrand Power Systems to Hamilton
Sundstrand, which matches the nomenclature specified in the Brazilian
airworthiness directive.
Change to Existing AD
This proposed AD would retain all requirements of AD 2001-10-01.
Since AD 2001-10-01 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:
Revised Paragraph Identifiers
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Corresponding requirement
Requirement in AD 2001-10-01 in this proposed AD
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Paragraph (a)............................. Paragraph (f)
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Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
[[Page 2059]]
Estimated Costs
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Number of
Work Average U.S.-
Action hours labor rate Parts Cost per airplane registered Fleet cost
per hour airplanes
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Installation of placard (required by AD 1 $65 None $65 290 $18,850
2001-10-01).
Terminating action (new proposed 4 65 $1,514 1,774 290 514,460
action).
Concurrent action (new proposed action) 6 65 38,500 38,890 290 11,278,100
Optional installation of APU air inlet 2 65 397 527 290 (\1\)
and placard (new proposed optional
action).
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1 Depends on of airplanes on which installation is done.
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
proposed AD.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD. See the ADDRESSES section for a location
to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by removing amendment 39-12226 (66 FR
24049, May 11, 2001) and adding the following new airworthiness
directive (AD):
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-20011; Directorate Identifier 2003-NM-22-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by February 11, 2005.
Affected ADs
(b) This AD supersedes AD 2001-10-01, amendment 39-12226 (66 FR
24049, May 11, 2001).
Applicability
(c) This AD applies to EMBRAER Model EMB-135 and -145 series
airplanes, certificated in any category, equipped with Hamilton
Sundstrand auxiliary power unit (APU) model T-62T-40C14 (APU 500R).
Unsafe Condition
(d) This AD was prompted by the airplane manufacturer developing
modifications that revise or eliminate the need for restrictions to
in-flight APU starts. We are issuing this AD to prevent flame
backflow into the APU compartment through the eductor during in-
flight APU starts, which could result in fire in the APU
compartment.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Requirements of AD 2001-10-01, Amendment 39-12226 and New Note
Airplane Flight Manual (AFM) Revision
(f) Within 25 flight hours or 10 days after May 29, 2001 (the
effective date of AD 2001-10-01), whichever occurs first, accomplish
the actions required by paragraphs (f)(1) and (f)(2) of this AD.
(1) Install a placard on or near the APU start/stop switch panel
that reads:
``CAUTION: IN-FLIGHT APU STARTS ARE PROHIBITED''
Note 1: Installing a placard in accordance with EMBRAER Alert
Service Bulletin 145-49-A017, dated April 12, 2001, is acceptable
for compliance with the action required by paragraph (f)(1) of this
AD.
(2) Revise the Limitations section of the AFM to include the
information on the placard, as specified in paragraph (f)(1) of this
AD, and to limit APU starts to ground conditions only. This may be
accomplished by inserting a copy of this AD in the AFM.
Note 2: Because APU starts are prohibited in flight when an
engine-driven generator is inoperative, the APU must be started on
the ground in order to dispatch, and the APU must be kept
operational for the entire flight.
Terminating Requirements of This AD and Optional Action
Optional New Limitations for APU Starts
(g) Doing the actions specified in paragraphs (g)(1) and (g)(2)
of this AD in accordance with EMBRAER Service Bulletin 145-49-0017,
Change 01, dated June 7, 2001, terminates the requirements of
paragraph (f) of this AD.
(1) Measure the gap between the APU and the APU exhaust
silencer, install a flush-type APU air inlet, and install or
replace, as applicable, the placard on or near the APU start/stop
switch panel with a placard that reads:
``CAUTION: IN-FLIGHT APU STARTS ARE LIMITED TO FLIGHT ENVELOPE UP TO
15KFT/320KIAS (NORMAL APU STARTS) OR 15KFT/200KIAS (BATTERY SUPPORT
ONLY)''
(2) Revise the Limitations section of the AFM to include the
information on the placard specified in paragraph (g)(1) of this AD
to limit APU starts. This may be accomplished by inserting a copy of
this AD
[[Page 2060]]
in the AFM. Remove any existing copy of AD 2001-10-01 from the AFM.
Terminating Action for This AD
(h) Within 8,000 flight hours after the effective date of this
AD, measure the gap between the APU and the APU exhaust silencer,
install a flush type APU air inlet, remove any placard on or near
the APU start/stop switch panel that limits APU starts, and
reidentify the APU cowling, in accordance with EMBRAER Service
Bulletin 145-49-0018, Change 03, dated January 3, 2002, except as
provided by paragraph (j) of this AD. Doing the actions in paragraph
(h) of this AD terminates the requirements of paragraphs (f) and (g)
of this AD and any copy of AD 2001-10-01 or this AD may be removed
from the AFM.
Prior to or Concurrent Requirements
(i) Prior to or concurrently with the actions specified in
paragraphs (g) and (h) of this AD, install an APU silencer in
accordance with EMBRAER Service Bulletin 145-49-0009, Change 07,
dated September 1, 2002.
Contact the FAA or Departmento de Aviacao Civil (DAC)
(j) If, during the actions required by paragraphs (g) and (h) of
this AD, any measurement exceeds the limits specified in EMBRAER
Service Bulletin 145-49-0017, Change 01, dated June 7, 2001; or
EMBRAER Service Bulletin 145-49-0018, Change 03, dated January 3,
2002; as applicable; and the service bulletin specifies to contact
EMBRAER: Before further flight, repair per a method approved by
either the Manager, International Branch, ANM-116, FAA, Transport
Airplane Directorate; or the DAC (or its delegated agent).
Actions Accomplished According to Previous Issue of Service Bulletin
(k) Actions accomplished before the effective date of this AD
according to EMBRAER Service Bulletin 145-49-0017, dated May 15,
2001, are considered acceptable for compliance with the
corresponding actions specified in this AD.
Alternative Methods of Compliance (AMOCs)
(l)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) AMOCs approved previously in accordance with AD 2001-10-01,
amendment 39-12226, are approved as AMOCs for the corresponding
requirements in paragraph (f) of this AD.
Related Information
(m) Brazilian airworthiness directive 2001-04-02R2, dated June
29, 2001, also addresses the subject of this AD.
Issued in Renton, Washington, on December 30, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-539 Filed 1-11-05; 8:45 am]
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