[Federal Register: December 18, 2003 (Volume 68, Number 243)]
[Proposed Rules]
[Page 70475-70477]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de03-20]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-352-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 adoption of a new airworthiness
directive (AD) that is applicable to certain Empresa Brasileira de
Aeronautica S.A. (EMBRAER) Model EMB-135 and -145 series airplanes.
This proposal would require replacement of the air turbine starters
(ATS) with modified ATSs. This action is necessary to prevent sheared
ATS output shafts, which could result in oil flowing down the engine
accessory gear box shafts and dripping into the engine
[[Page 70476]]
compartments, and consequent oil fire, in-flight shutdown, and/or
rejected take-off. This action is intended to address the identified
unsafe condition.
DATES: Comments must be received by January 20, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-352-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-352-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:
[sbull] 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.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] 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 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-352-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-352-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
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 it has received reports of interference problems
between the engine air turbine starter (ATS) output shafts and the
engine accessory gear box (AGB) shafts, which resulted in sheared ATS
output shafts. Sheared ATS output shafts could result in oil flowing
down the engine AGB shafts and dripping into the engine compartments,
and consequent oil fire, in-flight shutdown, and/or rejected take-off.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin 145-80-0004, Change 01, dated
October 22, 2001, which describes procedures for replacing the existing
ATS with a modified ATS. That service bulletin references Honeywell
Service Bulletin 3505910-80-1710, Revision 1, dated August 7, 2001, as
an additional source of service information for accomplishment of the
modification. The Honeywell service bulletin is included within the
EMBRAER service bulletin. The procedures in the Honeywell service
bulletin include inspecting the magnetic drain plug for metal
contamination, inspecting the ATS output shafts for interference marks,
modifying the ATS output shafts by machining/drilling holes and
installing a restrictor, and installing modified ATSs on the airplane.
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 2001-09-04, dated October 10, 2001, 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
Sec. 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 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 require accomplishment of
the actions specified in the service bulletin described previously,
except as described below.
Difference Between the Brazilian AD and the Proposed AD
The effectivity listed in the original issue of EMBRAER Service
Bulletin 145-80-0004, dated May 23, 2001, was the same as the
applicability listed in Brazilian airworthiness directive 2001-09-04,
dated October 10, 2001. When EMBRAER Service Bulletin 145-80-0004,
Change 01, dated October 22, 2001, was issued, the effectivity was
revised and additional airplanes were added to the effectivity of the
service bulletin. The Brazilian airworthiness directive has not been
revised; therefore, the applicability does not match the current
effectivity listed in Change 01 of the service bulletin. The
applicability of this proposed AD references the effectivity as listed
in Change 01 of the service bulletin so all affected airplanes
[[Page 70477]]
are addressed. This difference has been coordinated with the DAC.
Cost Impact
The FAA estimates that 290 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 1 work
hour per airplane to accomplish the proposed actions, and that the
average labor rate is $65 per work hour. There would be no charge for
required parts. Based on these figures, the cost impact of the proposed
AD on U.S. operators is estimated to be $18,850, or $65 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the 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 adding the following new
airworthiness directive:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 2002-NM-
352-AD.
Applicability: Model EMB-135 and -145 series airplanes, as
listed in EMBRAER Service Bulletin 145-80-0004, Change 01, dated
October 22, 2001; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent sheared air turbine starters (ATS) output shafts,
which could result in oil flowing down the engine accessory gear box
shafts and dripping into the engine compartments, and consequent oil
fire, in-flight shutdown, and/or rejected take-off, accomplish the
following:
Replacement of ATSs With Modified ATSs
(a) Within 800 flight hours after the effective date of this AD,
replace the ATSs with modified ATSs in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 145-80-0004,
Change 01, dated October 22, 2001.
Note 1: Honeywell Service Bulletin 3505910-80-1710, Revision 1,
dated August 7, 2001, is incorporated within the pages of EMBRAER
Service Bulletin 145-80-0004, Change 01, dated October 22, 2001.
(b) Accomplishment of the specified actions before the effective
date of this AD in accordance with EMBRAER Service Bulletin 145-80-
0004, dated May 23, 2001, is considered acceptable for compliance
with paragraph (a) of this AD.
Alternative Methods of Compliance
(c) 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.
Note 2: The subject of this AD is addressed in Brazilian
airworthiness directive 2001-09-04, dated October 10, 2001.
Issued in Renton, Washington, on December 10, 2003.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-31181 Filed 12-17-03; 8:45 am]
BILLING CODE 4910-13-U