[Federal Register: January 12, 2005 (Volume 70, Number 8)]
[Proposed Rules]
[Page 2057-2060]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja05-17]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20011; Directorate Identifier 2003-NM-22-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 and -145 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain EMBRAER Model EMB-135 and -145
series airplanes. The existing AD currently requires revising the
airplane flight manual (AFM) to prohibit in-flight auxiliary power unit
(APU) starts, and installing a placard on or near the APU start/stop
switch panel to provide such instructions to the flightcrew. This
proposed AD would add an optional revision to the AFM that allows
limited APU starts and would add a terminating action. This proposed AD
is prompted by the airplane manufacturer developing modifications that
revise or eliminate the need for restrictions to in-flight APU starts.
We are proposing this AD to prevent flame backflow into the APU
compartment through the eductor during in-flight APU starts, which
could result in fire in the APU compartment.
DATES: We must receive comments on this proposed AD by February 11,
2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343-CEP
12.225, Sao Jose dos Campos--SP, Brazil.
You can examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or in person at the Docket Management Facility,
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401,
on the plaza level of the Nassif Building, Washington, DC. This docket
number is FAA-2005-20011; the directorate identifier for this docket is
2003-NM-22-AD.
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
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-20011;
Directorate Identifier 2003-NM-22-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of our
docket Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You can review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit http://dms.dot.gov.
Examining the Docket
You can examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the DMS receives them.
Discussion
On May 7, 2001, we issued AD 2001-10-01, amendment 39-12226 (66 FR
24049, May 11, 2001), for certain EMBRAER Model EMB-135 and EMB-145
series airplanes. That AD requires revising the FAA-approved Airplane
Flight Manual (AFM) to prohibit in-flight auxiliary power unit (APU)
starts, and installing a placard on or near the APU start/stop switch
panel to provide such instructions to the flight crew. That AD was
prompted by reports that two APU fire alarms were triggered during in-
flight APU starts. We issued that AD to prevent flame backflow into the
APU compartment through the eductor during in-flight APU starts, which
could result in fire in the APU compartment.
Actions Since Existing AD Was Issued
Since we issued AD 2001-10-01, the airplane manufacturer has
developed modifications specified in several service bulletins that
allow for a change to restrictions placed on in-flight APU starts as
well as the elimination of the need for restrictions placed on in-
flight APU starts. We have determined that these modifications address
the identified unsafe condition and enable operators to do in-flight
APU starts.
Also, the preamble to AD 2001-10-01 explains that we considered the
requirements of that AD ``interim action'' and were considering further
rulemaking. We now have determined that further rulemaking is indeed
necessary, and this proposed AD follows from that determination.
Relevant Service Information
EMBRAER has issued the following service bulletins:
EMBRAER Alert Service Bulletin 145-49-A017, dated April
12, 2001, which describes procedures for installing a placard in the
pedestal panel.
EMBRAER Service Bulletin 145-49-0017, Change 01, dated
June 7, 2001, which describes procedures for measuring the gap between
the APU and the APU exhaust silencer, installing a flush-type APU air
inlet, part number (P/N) 120-45060-001, installing a
[[Page 2058]]
placard, and contacting the manufacturer if measurements are not within
the limits specified in the service bulletin. The service bulletin also
specifies prior to or concurrent accomplishment of EMBRAER Service
Bulletin 145-49-0009.
EMBRAER Service Bulletin 145-49-0018, Change 03, dated
January 3, 2002, which describes procedures for measuring the gap
between the APU and the APU exhaust silencer, installing a flush-type
APU air inlet, P/N 145-48999-401, removing a placard, reidentifying the
APU cowling, and contacting the manufacturer if measurements are not
within the limits specified in the service bulletin. The service
bulletin also specifies prior to or concurrent accomplishment of
EMBRAER Service Bulletin 145-49-0009.
EMBRAER Service Bulletin 145-49-0009, Change 07, dated
September 1, 2002, which describes procedures for installing an APU
silencer.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The Departmento de
Aviacao Civil (DAC) issued Brazilian airworthiness directive 2001-04-
02R2, dated June 29, 2001, to ensure the continued airworthiness of
these airplanes in Brazil. The Brazilian airworthiness directive
references procedures specified in the service information.
FAA's Determination and Requirements of the Proposed AD
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. We have examined the DAC's findings,
evaluated all pertinent information, and determined that AD action is
necessary for airplanes of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would supersede AD 2001-
10-01. This proposed AD would retain the actions required in AD 2001-
10-01. The proposed AD would also require accomplishing the actions
specified in the service bulletins described previously, as applicable,
except as discussed under ``Difference Between the Proposed AD and
Service Bulletins.''
Difference Between Proposed AD and Service Bulletins
EMBRAER Service Bulletin 145-49-0017, Change 01, dated June 7,
2001; and EMBRAER Service Bulletin 145-49-0018, Change 03, dated
January 3, 2002; specify that you may contact the manufacturer for
instructions on how to repair certain conditions, but this proposed AD
would require you to repair those conditions using a method that we or
the DAC (or its delegated agent) approve. In light of the type of
repair that would be required to address the unsafe condition, and
consistent with existing bilateral airworthiness agreements, we have
determined that, for this proposed AD, a repair we or the DAC approve
would be acceptable for compliance with this proposed AD.
Differences Between Proposed AD and Foreign AD
Operators should note the following differences between the
proposed AD and Brazilian airworthiness directive 2001-04-02R2, dated
June 29, 2001:
The Brazilian airworthiness directive references EMBRAER Service
Bulletin 145-49-0009, Revision 03, dated May 15, 2001, for
accomplishing the optional terminating action. This proposed AD
specifies that terminating action be done within 8,000 flight hours
after the effective date of the AD in accordance with EMBRAER Service
Bulletin 145-49-0009, Change 07, dated September 1, 2002. We have not
given credit for actions done with previous issues of the service
bulletin because there is additional work needed in Change 07 of the
service bulletin. Mandating the terminating action is based on our
determination that, in this case, long-term continued operational
safety would be better ensured by a modification to remove the source
of the problem, rather than by revising flight procedures. While
revising flight procedures ensures that the flightcrew is informed that
an unsafe condition may exist, it does not remove the source of that
unsafe condition. Human factors (e.g., variations in flightcrew
training and familiarity with the airplane, flightcrew awareness in the
presence of other hazards, and flightcrew fatigue) may allow an
inadvertent APU start and result in the unsafe condition. Thus,
revisions to flight procedures are not considered adequate to provide
the degree of safety assurance necessary for the transport airplane
fleet. Consideration of these factors has led the FAA to mandate the
terminating action.
The Brazilian airworthiness directive also references EMBRAER
Service Bulletin 145-49-0018, original issue, or further revisions, for
accomplishing the optional terminating action. This proposed AD
specifies the terminating action also be done in accordance with
EMBRAER Service Bulletin 145-49-0018, Change 03, dated January 3, 2002.
We have not given credit for actions done with previous issues of the
service bulletin because there is additional work needed in Change 03
of the service bulletin.
These differences have been coordinated with the Brazilian
airworthiness authority.
Clarification of Applicability
AD 2001-10-01 has an applicability that specifies `` * * * with
Hamilton Sundstrand Power Systems auxiliary power unit (APU) model T-
62T-40C14 (APS 500R).'' This proposed AD has an applicability that
specifies `` * * * with Hamilton Sundstrand auxiliary power unit (APU)
model T-62T-40C14 (APU 500R).'' The ``S'' in APS 500R of the
applicability of AD 2001-10-01 is a typographical error; APU 500R is
the correct nomenclature. We also revised the nomenclature of the APU
manufacturer from Hamilton Sundstrand Power Systems to Hamilton
Sundstrand, which matches the nomenclature specified in the Brazilian
airworthiness directive.
Change to Existing AD
This proposed AD would retain all requirements of AD 2001-10-01.
Since AD 2001-10-01 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:
Revised Paragraph Identifiers
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Corresponding requirement
Requirement in AD 2001-10-01 in this proposed AD
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Paragraph (a)............................. Paragraph (f)
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Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
[[Page 2059]]
Estimated Costs
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Number of
Work Average U.S.-
Action hours labor rate Parts Cost per airplane registered Fleet cost
per hour airplanes
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Installation of placard (required by AD 1 $65 None $65 290 $18,850
2001-10-01).
Terminating action (new proposed 4 65 $1,514 1,774 290 514,460
action).
Concurrent action (new proposed action) 6 65 38,500 38,890 290 11,278,100
Optional installation of APU air inlet 2 65 397 527 290 (\1\)
and placard (new proposed optional
action).
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1 Depends on of airplanes on which installation is done.
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
proposed AD.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD 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.
For the reasons discussed above, I certify that the 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. 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD. See the ADDRESSES section for a location
to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by removing amendment 39-12226 (66 FR
24049, May 11, 2001) and adding the following new airworthiness
directive (AD):
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-20011; Directorate Identifier 2003-NM-22-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by February 11, 2005.
Affected ADs
(b) This AD supersedes AD 2001-10-01, amendment 39-12226 (66 FR
24049, May 11, 2001).
Applicability
(c) This AD applies to EMBRAER Model EMB-135 and -145 series
airplanes, certificated in any category, equipped with Hamilton
Sundstrand auxiliary power unit (APU) model T-62T-40C14 (APU 500R).
Unsafe Condition
(d) This AD was prompted by the airplane manufacturer developing
modifications that revise or eliminate the need for restrictions to
in-flight APU starts. We are issuing this AD to prevent flame
backflow into the APU compartment through the eductor during in-
flight APU starts, which could result in fire in the APU
compartment.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Requirements of AD 2001-10-01, Amendment 39-12226 and New Note
Airplane Flight Manual (AFM) Revision
(f) Within 25 flight hours or 10 days after May 29, 2001 (the
effective date of AD 2001-10-01), whichever occurs first, accomplish
the actions required by paragraphs (f)(1) and (f)(2) of this AD.
(1) Install a placard on or near the APU start/stop switch panel
that reads:
``CAUTION: IN-FLIGHT APU STARTS ARE PROHIBITED''
Note 1: Installing a placard in accordance with EMBRAER Alert
Service Bulletin 145-49-A017, dated April 12, 2001, is acceptable
for compliance with the action required by paragraph (f)(1) of this
AD.
(2) Revise the Limitations section of the AFM to include the
information on the placard, as specified in paragraph (f)(1) of this
AD, and to limit APU starts to ground conditions only. This may be
accomplished by inserting a copy of this AD in the AFM.
Note 2: Because APU starts are prohibited in flight when an
engine-driven generator is inoperative, the APU must be started on
the ground in order to dispatch, and the APU must be kept
operational for the entire flight.
Terminating Requirements of This AD and Optional Action
Optional New Limitations for APU Starts
(g) Doing the actions specified in paragraphs (g)(1) and (g)(2)
of this AD in accordance with EMBRAER Service Bulletin 145-49-0017,
Change 01, dated June 7, 2001, terminates the requirements of
paragraph (f) of this AD.
(1) Measure the gap between the APU and the APU exhaust
silencer, install a flush-type APU air inlet, and install or
replace, as applicable, the placard on or near the APU start/stop
switch panel with a placard that reads:
``CAUTION: IN-FLIGHT APU STARTS ARE LIMITED TO FLIGHT ENVELOPE UP TO
15KFT/320KIAS (NORMAL APU STARTS) OR 15KFT/200KIAS (BATTERY SUPPORT
ONLY)''
(2) Revise the Limitations section of the AFM to include the
information on the placard specified in paragraph (g)(1) of this AD
to limit APU starts. This may be accomplished by inserting a copy of
this AD
[[Page 2060]]
in the AFM. Remove any existing copy of AD 2001-10-01 from the AFM.
Terminating Action for This AD
(h) Within 8,000 flight hours after the effective date of this
AD, measure the gap between the APU and the APU exhaust silencer,
install a flush type APU air inlet, remove any placard on or near
the APU start/stop switch panel that limits APU starts, and
reidentify the APU cowling, in accordance with EMBRAER Service
Bulletin 145-49-0018, Change 03, dated January 3, 2002, except as
provided by paragraph (j) of this AD. Doing the actions in paragraph
(h) of this AD terminates the requirements of paragraphs (f) and (g)
of this AD and any copy of AD 2001-10-01 or this AD may be removed
from the AFM.
Prior to or Concurrent Requirements
(i) Prior to or concurrently with the actions specified in
paragraphs (g) and (h) of this AD, install an APU silencer in
accordance with EMBRAER Service Bulletin 145-49-0009, Change 07,
dated September 1, 2002.
Contact the FAA or Departmento de Aviacao Civil (DAC)
(j) If, during the actions required by paragraphs (g) and (h) of
this AD, any measurement exceeds the limits specified in EMBRAER
Service Bulletin 145-49-0017, Change 01, dated June 7, 2001; or
EMBRAER Service Bulletin 145-49-0018, Change 03, dated January 3,
2002; as applicable; and the service bulletin specifies to contact
EMBRAER: Before further flight, repair per a method approved by
either the Manager, International Branch, ANM-116, FAA, Transport
Airplane Directorate; or the DAC (or its delegated agent).
Actions Accomplished According to Previous Issue of Service Bulletin
(k) Actions accomplished before the effective date of this AD
according to EMBRAER Service Bulletin 145-49-0017, dated May 15,
2001, are considered acceptable for compliance with the
corresponding actions specified in this AD.
Alternative Methods of Compliance (AMOCs)
(l)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) AMOCs approved previously in accordance with AD 2001-10-01,
amendment 39-12226, are approved as AMOCs for the corresponding
requirements in paragraph (f) of this AD.
Related Information
(m) Brazilian airworthiness directive 2001-04-02R2, dated June
29, 2001, also addresses the subject of this AD.
Issued in Renton, Washington, on December 30, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-539 Filed 1-11-05; 8:45 am]
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