[Federal Register: November 15, 2004 (Volume 69, Number 219)]
[Rules and Regulations]
[Page 65535-65537]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no04-9]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-346-AD; Amendment 39-13864; AD 2004-23-09]
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.
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SUMMARY: This amendment supersedes 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 amendment requires 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
amendment requires 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 amendment also adds airplanes to the applicability
of the existing AD. The actions specified by this 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: Effective December 20, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of December 20, 2004.
ADDRESSES: The service information referenced in this AD may be
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O.
Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil. This information
may be examined at the Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by superseding AD 2002-16-06,
amendment 39-12845 (67 FR 52398, August 12, 2002), which is applicable
to certain EMBRAER Model EMB-135 and -145 series airplanes, was
published in the Federal Register on April 6, 2004 (69 FR 17993). For
certain airplanes, the action proposed to 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 action proposed to 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. That action also proposed to add
airplanes to the applicability of the existing AD.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Request To Accomplish Terminating Action Without First Doing the
Inspections
The commenter, an operator, requests that the proposed AD be
revised to allow operators to ``bypass'' the inspections in Part I of
the Accomplishment Instructions of EMBRAER Service Bulletin 145-49-
0021, Change 03, dated September 12, 2003, and do just the modification
in Part II of the Accomplishment Instructions of that service bulletin.
The modification is the terminating action
[[Page 65536]]
for the repetitive inspections in the proposed AD.
We agree with the commenter's request to allow operators to do just
the modification in Part II of the Accomplishment Instructions of
EMBRAER Service Bulletin 145-49-0021, Change 03, instead of first doing
the inspections in Part I of the Accomplishment Instructions. The
purpose of this AD is to require operators to modify the auxiliary
power unit (APU) exhaust silencer. The inspections specified in
paragraphs (c) and (d) of the proposed AD are relieving actions that
allow airplanes that do not have defective APU exhaust silencers to
continue operating for a specified period of time before operators
perform the terminating modification. The inspections are the means of
determining whether an APU exhaust silencer is defective. We have
revised paragraphs (c) and (d) of this AD to specify that operators
that have done the terminating modification required by paragraph (e)
of this AD do not have to do the inspections required by paragraphs (c)
and (d).
Request for Credit for Accomplishment of Previous Revisions of Service
Information
The commenter requests that the proposed AD be revised to give
credit for actions accomplished previously per the original issue of
EMBRAER Service Bulletin 145-49-0021, dated July 11, 2002; or per
Change 01 of that service bulletin, dated July 31, 2002.
We agree with the commenter's request. We have determined that the
Accomplishment Instructions are essentially the same in the original
issue, Change 01, Change 02, and Change 03, of Service Bulletin 145-49-
0021. The primary difference between the change levels is the
effectivity of the airplanes. We have revised paragraph (g) of this
final rule to include the original issue and Change 01 of Service
Bulletin 145-49-0021 as additional appropriate sources of service
information.
Conclusion
After careful review of the available data, including the comments
noted above, we have determined that air safety and the public interest
require the adoption of the rule with the changes previously described.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Cost Impact
There are approximately 394 airplanes of U.S. registry that will be
affected by this AD.
The repetitive inspections specified in Part I of EMBRAER Service
Bulletin 145-49-0021, Change 03, dated September 12, 2003; and EMBRAER
Service Bulletin 145LEG-49-0001, Change 01, dated August 29, 2002; that
are required by this AD will 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 repetitive inspections
on U.S. operators is estimated to be $65 per airplane, per inspection
cycle.
The modification, including the part number reidentification,
specified in Part I of EMBRAER Service Bulletin 145-49-0021, Change 03;
and EMBRAER Service Bulletin 145LEG-49-0001, Change 01; will take
approximately 4 work hours per airplane to accomplish, at an average
labor rate of $65 per work hour. Required parts will be supplied by the
part manufacturer at no cost to operators. Based on these figures, the
cost impact of the modification is estimated to be $102,440, or $260
per airplane.
The modification, including the part number reidentification,
specified in Part II of EMBRAER Service Bulletin 145-49-0021, Change
03, will 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 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 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 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.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
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), amendment 39-13864, to read as follows:
2004-23-09 Empresa Brasileira De Aeronautica S.A. (EMBRAER):
Amendment 39-13864. 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 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:
[[Page 65537]]
Modification
(a) For airplanes that have incorporated EMBRAER Alert Service
Bulletin 145-49-A021, Change 01, dated May 13, 2002: 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, 2002: 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, 2002; or that
have not accomplished the modification required by paragraph (e) of
this AD: 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, 2002; or that
have not accomplished the modification required by paragraph (e) of
this AD: After doing the inspections required by paragraph (c) of
this AD, before further flight, do a mechanical integrity 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, 2002: 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, 2002: 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.
Actions Previously Accomplished
(g) Accomplishment of the specified actions before the effective
date of this AD per EMBRAER Service Bulletin 145-49-0021, dated July
11, 2002; Change 01, dated July 31, 2002; or 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.
Alternative Methods of Compliance
(i) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized
to approve alternative methods of compliance for this AD.
Incorporation by Reference
(j) Unless otherwise specified in this AD, the actions must be
done in accordance with EMBRAER Service Bulletin 145LEG-49-0001,
Change 01, dated August 29, 2002; or EMBRAER Service Bulletin 145-
49-0021, Change 03, dated September 12, 2003; as applicable. 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
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call (202) 741-6030,
or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Note 2: The subject of this AD is addressed in Brazilian
airworthiness directive 2002-05-01R2, dated January 6, 2003.
Effective Date
(k) This amendment becomes effective on December 20, 2004.
Issued in Renton, Washington, on November 1, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-24935 Filed 11-12-04; 8:45 am]
BILLING CODE 4910-13-P