[Federal Register: April 27, 2004 (Volume 69, Number 81)]
[Proposed Rules]
[Page 22743-22745]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap04-11]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2004-NM-37-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-145 and EMB-135 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 EMBRAER Model EMB-145 and
EMB-135 series airplanes. This proposal would require replacement of
the engine-driven hydraulic pump. This action is necessary to prevent
oil leakage at the coupling seal between the hydraulic pump and the
engine gearbox from causing low engine oil levels, which could lead to
in-flight engine shutdown and consequent reduced controllability of the
airplane. This action is intended to address the identified unsafe
condition.
[[Page 22744]]
DATES: Comments must be received by May 27, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2004-NM-37-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. 2004-NM-37-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 2004-NM-37-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. 2004-NM-37-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Departamento 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-145 and EMB-135 series airplanes.
The DAC advises that operators have reported three cases of in-flight
engine shutdown due to low engine oil levels caused by oil leakage at
the coupling seal between the engine-driven hydraulic pump and the
engine gearbox. This condition, if not corrected, could result in in-
flight engine shutdown and consequent reduced controllability of the
airplane.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletins 145-29-0018, Revision 03 (for
Model EMB-145 and EMB-135 series airplanes, except for EMB-135BJ series
airplanes), dated December 2, 2003; and 145LEG-29-0001, Revision 01
(for Model EMB-135BJ series airplanes), dated November 11, 2003. These
service bulletins describe procedures for replacement of the engine-
driven hydraulic pump with a new or modified pump. Accomplishment of
the actions specified in the applicable service bulletin is intended to
adequately address the identified unsafe condition. The DAC classified
these service bulletins as mandatory and issued Brazilian airworthiness
directive 2004-01-03, dated January 29, 2004, to ensure the continued
airworthiness of these airplanes in Brazil.
The service bulletins refer to EATON Service Bulletin 971808-29-02,
dated May 1, 2001, as an additional source of service information for
accomplishing the modification of the hydraulic pump. The EATON service
bulletin is included in the EMBRAER service bulletins.
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 require accomplishment of
the actions specified in the service bulletin described previously,
except as discussed below.
Difference Between Proposed Rule and Foreign AD
The DAC states that Brazilian airworthiness directive 2004-01-03,
dated January 29, 2004, is applicable to ``all EMB-145 and EMB-135
aircraft models in operation.'' However, this does not agree with
EMBRAER Service Bulletin 145-29-0018, Revision 03, dated December 2,
2003, and Service Bulletin 145LEG-29-0001, Revision 01, dated November
11, 2003, which state that only certain EMB-145 and EMB-135 airplanes
with certain serial numbers are affected. This proposed AD would be
applicable only to the airplanes listed in the service bulletins. This
difference has been coordinated with the DAC.
Cost Impact
The FAA estimates that 548 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 4 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $65 per work hour. The manufacturer
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will provide replacement parts at no cost. Based on these figures, the
cost impact of the proposed AD on U.S. operators is estimated to be
$142,480, or $260 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 2004-NM-37-
AD.
Applicability: Model EMB-145 and EMB-135 series airplanes,
certificated in any category, as listed in EMBRAER Service Bulletin
145-29-0018, Revision 03, dated December 2, 2003; and EMBRAER
Service Bulletin 145LEG-29-0001, Revision 01, dated November 11,
2003.
Compliance: Required as indicated, unless accomplished
previously.
To prevent oil leakage at the coupling seal between the
hydraulic pump and the engine gearbox from causing low engine oil
levels, which could lead to in-flight engine shutdown and consequent
reduced controllability of the airplane, accomplish the following:
Service Bulletin References
(a) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of the following service bulletins, as
applicable:
(1) For Model EMB-145 and EMB-135 (except Model EMB-135BJ)
series airplanes: EMBRAER Service Bulletin 145-29-0018, Revision 03,
dated December 2, 2003; and
(2) For Model EMB-135BJ series airplanes: EMBRAER Service
Bulletin 145LEG-29-0001, Revision 01, dated November 11, 2003.
Note 1: EATON Service Bulletin 971808-29-02, dated May 1, 2001,
has been incorporated into the EMBRAER service bulletins as an
additional source of service information for accomplishing the
modification of the hydraulic pump.
Replacement of Hydraulic Pump
(b) Within 1,000 flight hours after the effective date of this
AD, replace the engine-driven hydraulic pump, part number (P/N)
971808, with a new or modified pump, P/N 971808 MOD A, in accordance
with the Accomplishment Instructions of the applicable service
bulletin.
Parts Installation
(c) As of the effective date of this AD, no person may install a
hydraulic pump having P/N 971808 on any airplane, unless that pump
has been modified and reidentified as P/N 971808 MOD A, per Part II
of the Accomplishment Instructions of the applicable service
bulletin.
Actions Accomplished Per Previous Issues of Service Bulletins
(d) Actions accomplished before the effective date of this AD in
accordance with the service bulletins listed in Table 1 of this AD
are considered acceptable for compliance with the corresponding
action specified in this AD.
Table 1.--Previous Issues of Service Bulletins
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EMBRAER service bulletin Revision and date
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145-29-0018............................... Original Issue, June 6,
2002.
145-29-0018............................... Revision 01, October 9,
2002.
145-29-0018............................... Revision 02, August 25,
2003.
145LEG-31-0001............................ Original Issue, October 9,
2002.
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Alternative Methods of Compliance
(e) 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 2004-01-03, dated January 29, 2004.
Issued in Renton, Washington, on April 16, 2004.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-9499 Filed 4-26-04; 8:45 am]
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