[Federal Register: April 6, 2004 (Volume 69, Number 66)]
[Proposed Rules]
[Page 17993-17996]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap04-42]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-346-AD]
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: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the supersedure of an existing
airworthiness directive (AD), applicable to certain EMBRAER Model EMB-
135 and -145 series airplanes, that currently requires determining
whether a defective auxiliary power unit (APU) exhaust silencer is
installed on the airplane; and corrective actions if necessary. For
certain airplanes, this action would require modification of the APU
exhaust silencer, and reidentification of the part number for the APU
exhaust silencer once the modification is accomplished. For certain
other airplanes, this action would require repetitive inspections to
determine the structural integrity of the APU exhaust silencer;
corrective actions, if necessary; eventual modification of the APU
exhaust silencer, which terminates the repetitive inspections; and
reidentification of the part number for the APU exhaust silencer once
the modification is accomplished. This action would also add airplanes
to the applicability of the existing AD. The actions specified by the
proposed AD are intended to prevent separation of the aft baffle
assembly from the APU exhaust silencer and consequent separation of the
assembly from the airplane, which could cause damage to other airplanes
during takeoff and landing operations, or injury to people on the
ground. This action is intended to address the identified unsafe
condition.
DATES: Comments must be received by May 6, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-346-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 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-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-346-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 or 2000 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.
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
Interested persons are invited to participate in the making of the
proposed 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 above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
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 proposed 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
[[Page 17994]]
the proposed 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 summarizing each FAA-public
contact concerned with the substance of this proposal will be filed in
the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-346-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2002-NM-346-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On August 1, 2002, the FAA issued AD 2002-16-06, amendment 39-12845
(67 FR 52398, August 12, 2002), applicable to certain EMBRAER Model
EMB-135 and -145 series airplanes. That AD requires determining whether
a defective auxiliary power unit (APU) exhaust silencer is installed on
the airplane; and corrective actions, if necessary. That action was
prompted by a report that the aft baffle assembly separated from the
shell assembly of an APU exhaust silencer having part number 4503801B.
The requirements of that AD are intended to prevent separation of the
aft baffle assembly from the APU exhaust silencer and consequent
separation of the assembly from the airplane, which could cause damage
to other airplanes during takeoff and landing operations, or injury to
people on the ground.
Actions Since Issuance of Previous Rule
Since the issuance of that AD, the Departmento de Aviacao Civil
(DAC), which is the airworthiness authority for Brazil, issued a
revised airworthiness directive which adds airplanes to the
applicability of the existing Brazilian airworthiness directive, new
repetitive inspections, and additional modifications; and allows up to
two repetitive inspections before accomplishment of the modifications
that terminate the repetitive inspections.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin 145-49-0021, Change 03, dated
September 12, 2003 (for Model EMB-135 and -145 series airplanes). For
airplanes listed in the effectivity for Part I of the service bulletin,
the procedures include a visual inspection of the APU exhaust silencer
to determine if the aft baffle is flush with the end of the cylindrical
portion, an inspection of the movement of the cylindrical portion of
the APU exhaust silencer shell assembly, modification of the APU
exhaust silencer assembly by spot-welding and installing bolts
(including torquing the bolts) and a spacer, and reidentification of
the modified APU exhaust silencer assembly with a new part number. For
airplanes listed in the effectivity for Part II of the service
bulletin, the procedures include modifying the APU exhaust silencer
assembly by installing a spacer and bolts (including torquing the
bolts), and reidentifying the modified APU exhaust silencer assembly
with a new part number. Both Part I and Part II of the EMBRAER service
bulletin request that operators submit a form notifying the
manufacturer when the actions in the service bulletin have been
accomplished.
Also, both Part I and Part II of the service bulletin reference
Hamilton Sundstrand Service Bulletin SB-4503801-49-3, Revision 02,
dated July 19, 2002, as an additional source of service information for
inspection and modification of the APU exhaust silencer assembly. The
Hamilton Sundstrand bulletin is incorporated into the EMBRAER service
bulletin.
EMBRAER has also issued Service Bulletin 145LEG-49-0001, Change 01,
dated August 29, 2002 (for Model EMB-135BJ series airplanes). This
service bulletin describes procedures for inspecting the APU exhaust
silencer assembly, modifying the APU exhaust silencer assembly by
installing fasteners and a spacer, and reidentifying the modified APU
exhaust silencer assembly with a new part number. The service bulletin
requests that operators submit a form notifying the manufacturer when
the actions in the service bulletin have been accomplished. The service
bulletin references Hamilton Sundstrand Service Bulletin SB-4503801-49-
3, Revision 02, dated July 19, 2002, as an additional source of service
information for inspection and modification of the APU exhaust silencer
assembly. The Hamilton Sundstrand service bulletin is incorporated into
the EMBRAER service bulletin.
The DAC classified the EMBRAER service bulletins as mandatory and
issued Brazilian airworthiness directive 2002-05-01R2, dated January 6,
2003, 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 us informed of the
situation described above. We have 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 Proposed AD
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, the proposed AD would supersede AD 2002-16-06.
For certain airplanes, the proposed AD would require modification of
the APU exhaust silencer, and reidentification of the part number for
the APU exhaust silencer once the modification is accomplished. For
certain other airplanes, the proposed AD would require repetitive
inspections to determine the structural integrity of the APU exhaust
silencer; corrective actions, if necessary; modification of the APU
exhaust silencer, which terminates the repetitive inspections; and
reidentification of the part number for the APU exhaust silencer once
the modification is accomplished. The proposed AD would also add
airplanes to the applicability of the existing AD. The actions would be
required to be accomplished in accordance with the applicable service
bulletin described previously, except as described below.
Differences Between the Proposed AD and Service Information
Although the Accomplishment Instructions of the service bulletins
specify to report accomplishment of the service bulletins to the
manufacturer, this proposed AD does not require that action.
Cost Impact
There are approximately 394 airplanes of U.S. registry that would
be affected by this proposed AD.
The proposed repetitive inspections specified in Part I of EMBRAER
Service Bulletin 145-49-0021, Change 03, dated September 12, 2003; and
EMBRAER
[[Page 17995]]
Service Bulletin145LEG-49-0001, Change 01, dated August 29, 2002; would
take approximately 1 work hour per airplane to accomplish, at an
average labor rate of $65 per work hour. Based on these figures, the
cost impact of the proposed repetitive inspections on U.S. operators is
estimated to be $65 per airplane, per inspection cycle.
The proposed modification, including the part number
reidentification, specified in Part I of EMBRAER Service Bulletin 145-
49-0021, Change 02; and EMBRAER Service Bulletin145LEG-49-0001, Change
01; would take approximately 4 work hours per airplane to accomplish,
at an average labor rate of $65 per work hour. Required parts would be
supplied by the part manufacturer at no cost to operators. Based on
these figures, the cost impact of the proposed modification is
estimated to be $102,440, or $260 per airplane.
The proposed modification, including the part number
reidentification, specified in Part II of EMBRAER Service Bulletin 145-
49-0021, Change 03, would take approximately 1 work hour per airplane
to accomplish, at an average labor rate of $65 per work hour. Based on
these figures, the cost impact of the proposed modification is
estimated to be $65 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the current or proposed
requirements of this AD action, and that no operator would accomplish
those actions in the future if this AD were not adopted. The cost
impact figures discussed in AD rulemaking actions represent only the
time necessary to perform the specific actions actually required by the
AD. These figures typically do not include incidental costs, such as
the time required to gain access and close up, planning time, or time
necessitated by other administrative actions.
Regulatory Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed 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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing amendment 39-12845 (67 FR
52398, August 12, 2002), and by adding a new airworthiness directive
(AD), to read as follows:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 2002-NM-
346-AD. Supersedes AD 2002-16-06, Amendment 39-12845.
Applicability: Model EMB-135BJ series airplanes, as listed in
EMBRAER Service Bulletin 145LEG-49-0001, Change 01, dated August 29,
2002; and Model EMB-135 and -145 series airplanes, as listed in
EMBRAER Service Bulletin 145-49-0021, Change 03, dated September 12,
2003; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent separation of the aft baffle assembly from the
auxiliary power unit (APU) exhaust silencer and consequent
separation of the assembly from the airplane, which could cause
damage to other airplanes during takeoff and landing operations, or
injury to people on the ground, accomplish the following:
Modification
(a) For airplanes that have incorporated EMBRAER Alert Service
Bulletin 145-49-A021, Change 01, dated May 13, 2003: Within 1,500
flight hours after the effective date of this AD; install a spacer
and bolts (including torquing the bolts) in the APU exhaust silencer
assembly per the Accomplishment Instructions of EMBRAER Service
Bulletin 145LEG-49-0001, Change 01, dated August 29, 2002, (for
Model EMB-135BJ series airplanes); or Part II of the Accomplishment
Instructions of EMBRAER Service Bulletin 145-49-0021, Change 03,
dated September 12, 2003, (for Model EMB -135 and -145 series
airplanes); as applicable.
Reidentification of Modified Part
(b) For airplanes that have incorporated EMBRAER Alert Service
Bulletin 145-49-A021, Change 01, dated May 13, 2003: After
accomplishment of the modification required by paragraph (a) of this
AD; before further flight, change the part number of the modified
APU exhaust silencer assembly from 4503801B to 4503801C per the
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-49-
0001, Change 01, dated August 29, 2002; or Part II of the
Accomplishment Instructions of EMBRAER Service Bulletin 145-49-0021,
Change 03, dated September 12, 2003; as applicable.
Inspections
(c) For airplanes that have not incorporated EMBRAER Alert
Service Bulletin 145-49-A021, Change 01, dated May 13, 2003: Within
500 flight hours or 3 months after the effective date of this AD,
whichever is first; do a one-time general visual inspection of the
APU exhaust silencer to determine if the aft baffle is flush with
the end of the cylindrical portion, and an inspection of the
movement of the cylindrical portion of the APU exhaust silencer
shell assembly, per the Accomplishment Instructions of EMBRAER
Service Bulletin 145LEG-49-0001, Change 01, dated August 29, 2002;
or Part I of the Accomplishment Instructions of EMBRAER Service
Bulletin 145-49-0021, Change 03, dated September 12, 2003; as
applicable.
(1) If the APU exhaust silencer assembly passes the inspections:
Do the actions in paragraph (d) of this AD.
(2) If the APU exhaust silencer assembly does not pass one or
both inspections: Before further flight, secure or remove the
affected parts from the silencer, and placard the APU as
``Inoperative'' per the Accomplishment Instructions of the
applicable service bulletin. No further action is required unless
the APU is reactivated. To reactivate the APU: Before further
flight, do the actions required by paragraph (e) of this AD.
Note 1: 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 from within
touching distance unless otherwise specified. A mirror may be
necessary to enhance visual access to all exposed surfaces in the
inspection area. 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.''
Repetitive Inspections
(d) For airplanes that have not incorporated EMBRAER Alert
Service Bulletin 145-49-A021, Change 01, dated May 13, 2003: After
doing the inspections required by paragraph (c) of this AD, before
further flight; do a mechanical integrity
[[Page 17996]]
inspection of the APU exhaust silencer assembly per the
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-49-
0001, Change 01, dated August 29, 2002; or Part I of the
Accomplishment Instructions of EMBRAER Service Bulletin 145-49-0021,
Change 03, dated September 12, 2003; as applicable.
(1) If the APU exhaust silencer assembly passes the inspection
required by paragraph (d) of this AD: Do the same steps for the
mechanical integrity inspection required by paragraph (d) of this AD
in a counter-clockwise direction, per the Accomplishment
Instructions of the applicable service bulletin. Repeat the
inspections required by paragraphs (d) and (d)(1) of this AD
thereafter at intervals not to exceed 500 flight hours or 3 months,
whichever is first. The inspections may be repeated up to two times
before accomplishment of the requirements of paragraph (e) of this
AD.
(2) If the APU exhaust silencer assembly does not pass the
inspection required by paragraph (d) of this AD: Before further
flight, disassemble the APU exhaust silencer assembly or placard the
APU as ``Inoperative'' per the Accomplishment Instructions of the
applicable service bulletin. No further action is required unless
the APU is reactivated. To reactivate the APU: Before further
flight, do the actions required by paragraph (e) of this AD.
Modification/Terminating Action
(e) For airplanes that have not incorporated EMBRAER Alert
Service Bulletin 145-49-A021, Change 01, dated May 13, 2003: Within
1,500 flight hours or 12 months after the effective date of this AD,
whichever is first, except as provided by paragraphs (c)(2) and
(d)(2) of this AD; do all of the applicable actions per the
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-49-
0001, Change 01, dated August 29, 2002; or Part I of the
Accomplishment Instructions of EMBRAER Service Bulletin 145-49-0021,
Change 03, dated September 12, 2003; as applicable. This constitutes
terminating action for the repetitive inspections required by
paragraph (d) of this AD.
Reidentification of Modified Part
(f) For airplanes that have not incorporated EMBRAER Alert
Service Bulletin 145-49-A021, Change 01, dated May 13, 2003: After
accomplishment of the modification required by paragraph (e) of this
AD; before further flight, change the part number of the modified
APU exhaust silencer assembly from 4503801B to 4503801C per the
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-49-
0001, Change 01, dated August 29, 2002; or Part I of the
Accomplishment Instructions of EMBRAER Service Bulletin 145-49-0021,
Change 03, dated September 12, 2003; as applicable.
Credit for Actions Previously Accomplished
(g) Accomplishment of the specified actions before the effective
date of this AD per EMBRAER Service Bulletin 145-49-0021, Change 02,
dated November 12, 2002, is considered acceptable for compliance
with the applicable requirements of paragraphs (a), (b), (c), (d),
(e), and (f) of this AD.
Parts Installation
(h) As of the effective date of this AD, no person may install
on any airplane an APU exhaust silencer having P/N 4503801B.
Submission of Information Not Required
(i) Although the service bulletins referenced in this AD specify
to submit information to the manufacturer, this AD does not include
such a requirement.
Alternative Methods of Compliance
(j) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized
to approve alternative methods of compliance for this AD.
Note 2: The subject of this AD is addressed in Brazilian
airworthiness directive 2002-05-01R2, dated January 6, 2003.
Issued in Renton, Washington, on March 30, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-7709 Filed 4-5-04; 8:45 am]
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