[Federal Register Volume 62, Number 174 (Tuesday, September 9, 1997)]
[Rules and Regulations]
[Pages 47360-47362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23860]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-221-AD; Amendment 39-10124; AD 97-19-04]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-145 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to certain EMBRAER Model EMB-145 series airplanes. This
action requires repetitive visual inspections to detect cracks in the
firewall of the auxiliary power unit (APU), and repair, if necessary.
This AD also requires installation of a visco-elastic damper blanket on
the firewall, which constitutes terminating action for the repetitive
inspection requirements. This amendment is prompted by reports
indicating that cracks were found in the firewall of the APU due to
vibration of the firewall. The actions specified in this AD are
intended to prevent such 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.
DATES: Effective September 24, 1997.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 24, 1997.
Comments for inclusion in the Rules Docket must be received on or
before October 9, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 97-NM-221-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
The service information referenced in this AD 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; or at the FAA, Small Airplane Directorate,
Atlanta Aircraft Certification Office, 1895 Phoenix Boulevard, Suite
450, Atlanta, Georgia; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Curtis Jackson, Aerospace Engineer,
Airframe and Propulsion Branch, ACE-117A, the FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, 1895 Phoenix
Boulevard, Suite 450, Atlanta, Georgia 30349; telephone (770) 703-6083;
fax (770) 703-6097.
SUPPLEMENTARY INFORMATION: The Departamento de Aviacao Civil (DAC),
which is the airworthiness authority for Brazil, recently notified the
FAA that an unsafe condition may exist on certain EMBRAER Model EMB-145
series airplanes. The CTA advises that it has received reports
indicating that, during a routine inspection, cracks were found in the
firewall of the auxiliary power unit (APU). In one incident, the crack
was 24 inches in length. The cause of such cracking has been attributed
to vibration of the firewall in the location where the recessed area of
the shell is spot welded to the firewall. Cracking in the firewall of
the APU, if not corrected, could result in reduced structural integrity
of the fuselage and empennage in the event that a fire penetrates
through the firewall of the APU.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin 145-53-0004, dated July 28,
1997, which describes procedures for repetitive visual inspections to
detect cracks in the firewall of the APU. The service bulletin also
describes procedures for installation of a visco-elastic damper blanket
on the firewall, which eliminates the need for the repetitive
inspections. The DAC issued Brazilian airworthiness directive NPR/AD-
97-145-02, dated July 30, 1997, in order to assure the continued
airworthiness of these airplanes in Brazil.
FAA's Conclusions
This airplane model is manufactured in Brazil and is type
certificated for
[[Page 47361]]
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 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, this AD is being issued to prevent cracking in
the firewall of the APU, which could result in reduced structural
integrity of the fuselage and empenage in the event that a fire
penetrates through the firewall of the APU. This AD requires repetitive
visual inspections to detect cracks in the firewall of the APU, and
repair, if necessary. This AD also requires installation of a visco-
elastic damper blanket on the firewall, which constitutes terminating
action for the repetitive inspection requirements. The inspections and
installation are required to be accomplished in accordance with the
service bulletin described previously.
Differences Between the AD and the Relevant Service Information
Operators should note that, although the referenced service
bulletin specifies that the manufacturer must be contacted for
disposition of certain conditions, this AD requires the repair of those
conditions to be accomplished in accordance with a method approved by
the FAA.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the 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 that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 97-NM-221-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends 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:
97-19-04 EMPRESA BRASILEIRA DE AERONAUTICA S.A.: Amendment 39-
10124. Docket 97-NM-221-AD.
Applicability: Model EMB-145 series airplanes, serial numbers
145004 through 145019 inclusive; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (c) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent cracking in the firewall of the auxiliary power unit
(APU), 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, accomplish the following:
(a) Within 50 flight hours after the effective date of this AD,
perform a visual inspection to detect cracks in the firewall of the
APU, in accordance with EMBRAER Service Bulletin 145-53-0004, dated
July 28, 1997.
(1) If no crack is detected, repeat the visual inspection
thereafter at intervals not to exceed 100 flight hours.
(2) If any crack is detected, prior to operation of the APU,
repair it in accordance with a method approved by the Manager,
Atlanta Aircraft Certification Office (ACO), FAA, Small Airplane
Directorate.
[[Page 47362]]
(b) Within 200 flight hours after the effective date of this AD,
install the visco-elastic damper blanket on the firewall in
accordance with EMBRAER Service Bulletin 145-53-0004, dated July 28,
1997. Accomplishment of the installation constitutes terminating
action for the repetitive inspection requirements of this AD.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Atlanta Aircraft Certification
Office (ACO), FAA, Small Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Atlanta ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(e) The inspection and installation shall be done in accordance
with EMBRAER Service Bulletin 145-53-0004, dated July 28, 1997. This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Empresa Brasileira de Aeronautica
S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos Campos--SP,
Brazil. Copies may be inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
FAA, Small Airplane Directorate, Atlanta Aircraft Certification
Office, 1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia; or at
the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
(f) This amendment becomes effective on September 24, 1997.
Note 3: The subject of this AD is addressed in Brazilian
airworthiness directive NPR/AD-97-145-02, dated July 30, 1997.
Issued in Renton, Washington, on September 3, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-23860 Filed 9-8-97; 8:45 am]
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