[Federal Register: May 12, 2004 (Volume 69, Number 92)]
[Proposed Rules]
[Page 26326-26329]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my04-11]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-351-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 AD currently requires a one-time
inspection to detect incorrect wiring of the electrical connectors to
the pressure switches and cartridges on the fire extinguisher bottles
for the engines and the auxiliary power unit (APU); disconnection and
reconnection of the wiring, as necessary; and adjustment of the length
of the harnesses on the fire extinguisher bottles to avoid future
misconnections. This action would require additional adjustment of the
length of the harnesses; installation of a color-coded identification
system to avoid misconnections during maintenance; and a functional
test of the engine fire extinguisher system. This action would also
expand the applicability of the existing AD to include additional
airplanes. The actions specified by the proposed AD are intended to
prevent the issuance of erroneous commands or the receipt of erroneous
information pertaining to the fire extinguisher system for the engines
and the APU, which could result in the inability to put out a fire in
an engine or in the APU. This action is intended to address the
identified unsafe condition.
DATES: Comments must be received by June 11, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-351-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-
[[Page 26327]]
nprmcomment@faa.gov. Comments sent via fax or the Internet must contain
``Docket No. 2002-NM-351-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 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-351-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-351-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On May 17, 2001, the FAA issued AD 2001-10-15, amendment 39-12241
(66 FR 28646, May 24, 2001), applicable to certain EMBRAER Model EMB-
135 and -145 series airplanes. That AD requires a one-time inspection
to detect incorrect wiring of the electrical connectors to the pressure
switches and cartridges on the fire extinguisher bottles for the
engines and the auxiliary power unit (APU); disconnection and
reconnection of the wiring, as necessary; and adjustment of the length
of the harnesses on the fire extinguisher bottles to avoid future
misconnections. That action was prompted by the issuance of mandatory
continuing airworthiness information issued by the Departmento de
Aviacao Civil (DAC), the Brazilian civil airworthiness authority. The
requirements of that AD are intended to prevent the issuance of
erroneous commands or the receipt of erroneous information pertaining
to the fire extinguisher system for the engines and APU, which could
result in the inability to put out a fire in an engine or in the APU.
Actions Since Issuance of Previous Rule
Since the issuance of that AD, the manufacturer has issued new
service information which contains new requirements.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin 145-26-0010, Change 03, dated
August 28, 2002, which describes procedures for modifying the
electrical connectors and wire harnesses for the engine and APU fire
extinguisher bottle cartridges, and pressure switches. The procedures
for modification include adjusting the length of the harness system.
Following this adjustment, the modification includes installing
identification sleeves on the harness and the electrical connectors of
the harness, and installing matching color-coded identification
stickers on the fire extinguisher bottles to identify the outlet and
switch connections. The service bulletin also provides procedures for
replacing certain clamps with new, larger clamps or installing tiedown
straps; installing new terminals if necessary; and carrying out a
functional test of the engine fire extinguisher system.
The DAC classified this service bulletin as mandatory and issued
Brazilian airworthiness directive 2001-09-01R1, dated June 26, 2002, to
ensure the continued airworthiness of these airplanes in Brazil.
EMBRAER Service Bulletin 145-26-0010 refers to Pacific Scientific
Service Bulletin 26-1130d, dated June 18, 2001, as an additional source
of service information for accomplishment of the installation of the
color-coded identification stickers. The Pacific Scientific service
bulletin is included in the EMBRAER service bulletin.
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 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 Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would supersede AD 2001-10-15 to
continue to require a one-time inspection to detect incorrect wiring of
electrical connectors to the pressure switches and cartridges on the
fire extinguisher bottles for the engines and the APU; disconnection
and reconnection of the wiring, as necessary; and adjustment of the
length of the harnesses on the fire extinguisher bottles to avoid
future misconnections. This proposed AD would require an additional
adjustment of the harnesses; and installing color-coded identification
sleeves and heat-shrinkable sleeves to the subject electrical harness
connectors, and color-coded stickers to identify the functions of the
engine and APU fire extinguisher bottles. This proposed AD also would
require replacing clamps with new,
[[Page 26328]]
larger clamps or installing tiedown straps; and installing new
terminals if necessary. This proposed AD also would require a
functional test of the engine fire extinguisher system. The actions
would be required to be accomplished in accordance with the service
bulletin described previously.
Changes to 14 CFR Part 39/Effect on the Proposed AD
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance. Because we have now included this material in part 39, we
no longer need to include it in each individual AD; therefore,
paragraphs (b) and (c) and Notes 1 and 3 of AD 2001-10-15 are not
included in this proposed AD.
Cost Impact
There are approximately 435 airplanes of U.S. registry that would
be affected by this proposed AD.
The actions that are currently required by AD 2001-10-15 and
continued in this proposed AD take approximately 3 work hours per
airplane to accomplish, at an average labor rate of $65 per work hour.
Based on these figures, the cost impact of the currently required
actions on U.S. operators is estimated to be $84,825, or $195 per
airplane.
The new actions that are proposed in this AD action would take
approximately 7 work hours per airplane to accomplish, at an average
labor rate of $65 per work hour. Required parts would cost
approximately $93 per airplane. Based on these figures, the cost impact
of the proposed requirements of this AD on U.S. operators is estimated
to be $238,380, or $548 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 39-12241 (66 FR
28646, May 24, 2001), and by adding a new airworthiness directive (AD),
to read as follows:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 2002-NM-
351-AD. Supersedes AD 2001-10-15, Amendment 39-12241.
Applicability: Model EMB-135 and -145 series airplanes, as
listed in EMBRAER Service Bulletin 145-26-0010, Change 03, dated
August 28, 2002; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent the issuance of erroneous commands or the receipt of
erroneous information pertaining to the fire extinguisher system for
the engines and auxiliary power unit (APU), which could result in
the inability to put out a fire in an engine or in the APU,
accomplish the following:
Restatement of the Requirements of AD 2001-10-15
Inspection
(a) For airplanes listed in EMBRAER Service Bulletin 145-26-
0009, dated January 26, 2001: Within 100 flight hours after June 8,
2001 (the effective date of AD 2001-10-15, amendment 39-12241),
perform a one-time general visual inspection to detect incorrect
wiring of electrical connectors to the pressure switches and
cartridges on the fire extinguisher bottles for the engines and the
APU, in accordance with paragraph 3.D. of the Accomplishment
Instructions of EMBRAER Service Bulletin 145-26-0009, dated January
26, 2001; or Change 01, dated June 25, 2001.
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 under normally
available lighting conditions such as daylight, hangar lighting,
flashlight, or droplight, and may require removal or opening of
access panels or doors. Stands, ladders, or platforms may be
required to gain proximity to the area being checked.''
(1) If the wiring connections are correct: Prior to further
flight, adjust the length of the harnesses to the fire extinguisher
bottles, in accordance with the service bulletin.
(2) If the wiring connections are incorrect: Prior to further
flight, re-connect them and adjust the length of the harnesses to
the fire extinguisher bottles, in accordance with the service
bulletin.
New Requirements of This AD
Inspection
(b) For airplanes not subject to paragraph (a) of this AD:
Within 100 flight hours after the effective date of this AD, perform
a one-time general visual inspection to detect incorrect wiring of
electrical connectors to the pressure switches and cartridges on the
fire extinguisher bottles for the engines and the APU, in accordance
with paragraph 3.D. of the Accomplishment Instructions of EMBRAER
Service Bulletin 145-26-0009, Change 01, dated June 25, 2001.
(1) If the wiring connections are correct: Prior to further
flight, adjust the length of the harnesses to the fire extinguisher
bottles, in accordance with the service bulletin.
(2) If the wiring connections are incorrect: Prior to further
flight, re-connect them and adjust the length of the harnesses to
the fire extinguisher bottles, in accordance with the service
bulletin.
Modifications
(c) For all airplanes: Within 4,000 flight hours after the
effective date of this AD, modify the electrical harnesses and
electrical connectors of the engine and APU fire extinguisher
system, including installing identification sleeves and color-coded
identification stickers, in accordance with
[[Page 26329]]
the Accomplishment Instructions of EMBRAER Service Bulletin 145-26-
0010, Change 03, dated August 28, 2002.
Parts Installation
(d) As of the effective date of this AD, no person may install
on any airplane, engine fire extinguisher bottle part number (P/N)
33600057-1 or P/N 33600057-5, serial number (S/N) 26916D1 through
42300D2 inclusive; and APU fire extinguisher bottles P/N 30100050-1
or P/N 30100050-5, SN 301209A1 through SN 38950A1, inclusive; unless
color-coded stickers are installed in accordance with paragraph (c)
of this AD.
Actions Accomplished per Previous Issues of the Service Bulletin
(e) Actions accomplished prior to the effective date of this AD
in accordance with EMBRAER Service Bulletin 145-26-0010, dated June
25, 2001; Change 01, dated January 3, 2002; or Change 02, dated June
5, 2002; are considered acceptable for compliance with the
corresponding actions specified in this AD.
Alternative Methods of Compliance
(f) 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 2001-09-01R1, dated June 26, 2002.
Issued in Renton, Washington, on May 5, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-10744 Filed 5-11-04; 8:45 am]
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