[Federal Register Volume 76, Number 75 (Tuesday, April 19, 2011)]
[Proposed Rules]
[Pages 21822-21825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9409]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0312; Directorate Identifier 2010-NM-159-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135ER, -135KE, -135KL, and -135LR Airplanes; and
Model EMB-145, -145ER, -145MR, -145LR, -145MP, and -145EP Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:
This [Brazilian] AD results from reports of cracking in the
firewall of the auxiliary power unit (APU). This AD is being issued
to detect and correct this cracking, which could result in reduced
structural integrity of the fuselage and empennage in the event that
[[Page 21823]]
a fire penetrates through the firewall of the APU.
* * * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by June 3, 2011.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., 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), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--
12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone +55 12
3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; e-mail
[email protected]; Internet: http://www.flyembraer.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0312;
Directorate Identifier 2010-NM-159-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2010-06-03R1, dated September 20, 2010
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:
This [Brazilian] AD results from reports of cracking in the
firewall of the auxiliary power unit (APU). This AD is being issued
to detect and correct this cracking, which could result in reduced
structural integrity of the fuselage and empennage in the event that
a fire penetrates through the firewall of the APU.
* * * * *
The required actions include repetitive detailed inspections for
cracking of the rearward and forward face of the APU firewall, and
repair if necessary. You may obtain further information by examining
the MCAI in the AD docket.
Relevant Service Information
Embraer has issued Service Bulletin 145-53-0062, Revision 06, dated
August 11, 2010; Subjects 5-20-47 and 5-20-57 of Chapter 5 of the
EMBRAER EMB145 Aircraft Maintenance Manual, Part II, AMM-145/1124,
Revision 53, dated October 28, 2010; and Chapter 53-32-13, Rear
Fuselage II--APU Firewall--Repairs, of the EMBRAER EMB135, ERJ140,
EMB145, Structural Repair Manual SRM-145/1142, Revision 43, dated
December 1, 2010. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 668 products of U.S. registry. We also estimate that
it would take about 2 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $113,560, or $170 per product.
In addition, we estimate that any necessary follow-on actions would
take about 10 work-hours and require parts costing $10,060 for a cost
of $10,910 per product. We have no way of determining the number of
products that may need these actions.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
We are issuing this rulemaking 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
[[Page 21824]]
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 rulemaking
action.
Regulatory Findings
We 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 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. 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 and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, 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 adding the following new AD:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2011-0312; Directorate Identifier 2010-NM-159-AD.
Comments Due Date
(a) We must receive comments by June 3, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and
Model EMB-145, -145ER, -145MR, -145LR, -145MP, and -145EP airplanes;
certificated in any category; equipped with titanium auxiliary power
unit (APU) firewall part number (P/N) 145-47494-401, 145-26850-401,
145-26850-601, or 145-47494-403.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
This [Brazilian] AD results from reports of cracking in the
firewall of the auxiliary power unit (APU). This AD is being issued
to detect and correct this cracking, which could result in reduced
structural integrity of the fuselage and empennage in the event that
a fire penetrates through the firewall of the APU.
* * * * *
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Actions
(g) Within 3,300 flight hours after the effective date of this
AD, do a detailed inspection for cracking of the rearward and
forward face of the APU firewall, including its attachment to the
fuselage, removing neither the structural reinforcements nor the
dampers, in accordance with Task 05-20-47-200-801-A (aft of rear
pressure bulkhead) and Task 05-20-57-200-801-A (tail cone fairing)
of Chapter 5 of EMBRAER EMB145 Aircraft Maintenance Manual, Part II,
AMM-145/1124, Revision 53, dated October 28, 2010.
(1) If no cracking is found during any inspection required by
paragraph (g) of this AD, repeat the inspection thereafter at
intervals not to exceed 6,600 flight hours, until the terminating
action specified in paragraph (h) of this AD has been accomplished.
(2) If any cracking is found during any inspection required by
paragraph (g) of this AD, before further flight, repair in
accordance with Chapter 53-32-13, Rear Fuselage II--APU Firewall--
Repairs, of the EMBRAER EMB135, ERJ140, EMB145, Structural Repair
Manual SRM-145/1142, Revision 43, dated December 1, 2010; or in
accordance with a method approved by the FAA, International Branch,
ANM-116, or Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(ANAC) (or its delegated agent). Within 6,600 flight hours after
doing the repair, do the inspection required by paragraph (g) of
this AD and repeat the inspection thereafter at intervals not to
exceed 6,600 flight hours, until the terminating action specified in
paragraph (h) of this AD has been accomplished.
Note 1: For the purpose of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation or
assembly to detect damage, failure or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirrors, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate access procedures may be required.''
Optional Terminating Action
(h) Replacing the APU firewall having P/N 145-47494-401, 145-
26850-401, 145-26850-601, or 145-47494-403, with a new APU firewall
having P/N 145-47494-607, in accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin 145-53-0062, Revision 06,
dated August 11, 2010, terminates the repetitive inspections
required in paragraphs (g)(1) and (g)(2) of this AD.
Credit for Actions Accomplished in Accordance With Previous Service
Information
(i) Actions done before the effective date of this AD, in
accordance with the applicable service bulletin specified in table 1
of this AD, are acceptable for compliance with the requirements of
paragraph (h) of this AD.
Table 1--Credit Service Bulletins
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EMBRAER Service Bulletin-- Revision-- Dated--
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145-53-0062......................... 05.................................. May 20, 2008.
145-53-0062......................... 04.................................. November 23, 2007.
145-53-0062......................... 03.................................. September 21, 2007.
145-53-0062......................... 02.................................. January 25, 2006.
145-53-0062......................... 01.................................. October 28, 2005.
145-53-0062......................... Original............................ July 29, 2005.
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[[Page 21825]]
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows:
(1) The MCAI AD does not specify how to do the inspection for
cracking. This AD requires doing a detailed inspection of the
rearward and forward face of the APU firewall, including its
attachment to the fuselage, in accordance with Task 05-20-47-200-
801-A (aft of rear pressure bulkhead) and Task 05-20-57-200-801-A
(tail cone fairing) of Chapter 5 of EMBRAER EMB145 Aircraft
Maintenance Manual, Part II, AMM-145/1124, Revision 53, dated
October 28, 2010.
(2) Where Subjects 5-20-47 and 5-20-57 of Chapter 5 of the
EMBRAER EMB145 Aircraft Maintenance Manual, Part II, AMM-145/1124,
Revision 53, dated October 28, 2010, specify an internal general
visual inspection, this AD requires a detailed inspection.
Other FAA AD Provisions
(j) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Todd
Thompson, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149.
Information may be e-mailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
Related Information
(k) Refer to MCAI ANAC Airworthiness Directive 2010-06-03R1,
dated September 20, 2010; EMBRAER Service Bulletin 145-53-0062,
Revision 06, dated August 11, 2010; Subjects 5-20-47 and 5-20-57 of
Chapter 5 of the EMBRAER EMB145 Aircraft Maintenance Manual, Part
II, AMM-145/1124, Revision 53, dated October 28, 2010; and Chapter
53-32-13, Rear Fuselage II--APU Firewall--Repairs, of the EMBRAER
EMB135, ERJ140, EMB145, Structural Repair Manual SRM-145/1142,
Revision 43, dated December 1, 2010; for related information.
Issued in Renton, Washington, on April 12, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-9409 Filed 4-18-11; 8:45 am]
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