[Federal Register Volume 67, Number 155 (Monday, August 12, 2002)]
[Rules and Regulations]
[Pages 52398-52401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20017]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-166-AD; Amendment 39-12845; AD 2002-16-06]
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: 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-135 and -145 series 
airplanes. This action requires determining whether a defective 
auxiliary power unit (APU) exhaust silencer is installed

[[Page 52399]]

on the airplane; and corrective actions, if necessary. This action is 
necessary to prevent separation of the aft baffle assembly from the APU 
exhaust silencer and consequent separation of the assembly from the 
airplane, which could cause damage to other airplanes during takeoff 
and landing operations, or injury to people on the ground. This action 
is intended to address the identified unsafe condition.

DATES: Effective August 27, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 27, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before September 11, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-166-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: 
[email protected]. Comments sent via the Internet must contain 
``Docket No. 2002-NM-166-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or the Internet as 
attached electronic files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    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 Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1503; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Departmento 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-135 and -145 
series airplanes. The DAC advises that one report indicated that the 
aft baffle assembly separated from the shell assembly of auxiliary 
power unit (APU) exhaust silencer, part number 4503801B. This 
separation was caused by the poor quality of some spot welds used in 
the aft joint of the APU exhaust silencer. This condition, if not 
corrected, could result in consequent separation of the aft baffle 
assembly from the airplane, which could cause damage to other airplanes 
during takeoff and landing operations, or injury to people on the 
ground.

Explanation of Relevant Service Information

    EMBRAER has issued Alert Service Bulletin 145-49-A021, Change 01, 
dated May 13, 2002, which describes procedures for determining whether 
a defective APU exhaust silencer is installed on the airplane; and 
corrective actions, if necessary. If a defective APU exhaust silencer 
is found installed, corrective actions include reinforcing the spot 
welds on the exhaust silencer assembly with fasteners to ensure that 
the components are secure. Accomplishment of the action specified in 
the service bulletin is intended to adequately address the identified 
unsafe condition.
    The EMBRAER service bulletin references Hamilton Sundstrand ASB-
4503801-49-2, Revision 01, dated May 13, 2002, as a secondary source of 
information for the corrective actions required by this AD.
    The DAC classified the EMBRAER service bulletin as mandatory and 
issued Brazilian airworthiness directive 2002-05-01, dated May 17, 
2002, in order to assure the continued airworthiness of these airplanes 
in Brazil.

FAA's Conclusions

    These airplane models are manufactured in Brazil and are type 
certificated for operation in the United States under the provisions of 
Sec. 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 separation of 
the aft baffle assembly from the APU exhaust silencer and consequent 
separation of the assembly from the airplane, which could cause damage 
to other airplanes during takeoff and landing operations, or injury to 
people on the ground. This AD requires determining whether a defective 
exhaust silencer for the auxiliary power unit is installed on the 
airplane; and corrective actions, if necessary. The actions are 
required to be accomplished in accordance with the EMBRAER service 
bulletin described previously, except as discussed below.

Difference Between the Service Bulletin/Brazilian Airworthiness 
Directive and This AD

    Operators should note that the EMBRAER service bulletin and 
Brazilian airworthiness directive specify certain serial numbers and 
airplanes on which the APU cowling was replaced during maintenance 
between January and April 2002. Regarding the specified dates, we 
contacted the Brazilian airworthiness authorities about why the 
applicability was limited to certain dates, and whether there was a 
change in maintenance practices after April 2002 that would prevent the 
installation of a defective APU exhaust silencer. In response, we were 
informed that no change was made to the maintenance practices after 
April 2002. For that reason, we cannot be sure that a defective 
assembly was not installed after that date. Therefore, the 
applicability of this AD also includes those airplanes on which the APU 
cowling has been replaced between January 1, 2002, and the effective 
date of this AD.

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

[[Page 52400]]

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.
    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 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 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 2002-NM-166-AD.'' The postcard will be date stamped 
and returned to the commenter.

Regulatory Impact

    The regulations adopted herein will 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 final rule does not have federalism 
implications under Executive Order 13132.
    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:

2002-16-06  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-12845. Docket 2002-NM-166-AD.

    Applicability: Model EMB-135 and -145 series airplanes, 
certificated in any category; having the serial numbers listed in 
the table below; and those airplanes on which the auxiliary power 
unit (APU) cowling has been replaced between January 1, 2002, and 
the effective date of this AD:

                     Table.--Airplane Serial Numbers
------------------------------------------------------------------------
 
------------------------------------------------------------------------
145003             145149             145292            145311
145005             145151             145295            145318
145009             145159             145296            145323
145011             145238             145298            145562 through
                                                         145572
                                                         inclusive.
145110             145267             145302            145574 through
                                                         145585
                                                         inclusive.
145123             145269             145303            145587
145125             145274             145307            145588
145131             145281             145309
------------------------------------------------------------------------


    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 separation of the aft baffle assembly from the APU 
exhaust silencer and consequent separation of the assembly from the 
airplane, which could cause damage to other airplanes during takeoff 
and landing operations, or injury to people on the ground, 
accomplish the following:

Inspection and Corrective Actions

    (a) Within 50 flight hours after the effective date of this AD, 
inspect the APU exhaust silencer to determine whether part number 
(P/N) 4503801B, serial number L01-0314 through L01-0326 inclusive, 
and serial number M01-0327 through N01-0336 inclusive, is installed 
on the airplane; per the Accomplishment Instructions of EMBRAER 
Alert Service Bulletin 145-49-A021, Change 01, dated May 13, 2002.
    (1) If the APU exhaust silencer identified in paragraph (a) of 
this AD is not found installed, no further action is required by 
this paragraph.
    (2) If the APU exhaust silencer identified in paragraph (a) of 
this AD is found installed, before further flight, do the corrective 
actions (including reinforcing the spot welds on the exhaust 
silencer assembly with fasteners to ensure that the components are 
secure) per the EMBRAER service bulletin.

    Note 2: EMBRAER Alert Service Bulletin No. 145-49-A021, Change 
01, dated May 13, 2002, references Hamilton Sundstrand ASB-4503801-
49-2, Revision 01, dated May 13, 2002, as an additional source of 
information for the inspection and corrective actions required by 
this AD.

Spares

    (b) As of the effective date of this AD, no person shall install 
on any airplane an APU exhaust silencer, part number 4503801B, 
serial numbers L01-0314 through L01-0326 inclusive, and M01-0327 
through M01-0336 inclusive, unless it has been modified in 
accordance with the requirements of paragraph (a)(2) of this AD.

Alternative Methods of Compliance

    (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, International Branch, ANM-116. 
Operators shall submit their requests through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, International Branch, ANM-116.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.


[[Page 52401]]



Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
Secs. 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.

Incorporation by Reference

    (e) The actions shall be done in accordance with EMBRAER Alert 
Service Bulletin 145-49-A021, Change 01, dated May 13, 2002. 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 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

    Note 4: The subject of this AD is addressed in Brazilian 
airworthiness directive 2002-05-01, dated May 17, 2002.

Effective Date

    (f) This amendment becomes effective on August 27, 2002.


    Issued in Renton, Washington, on August 1, 2002.
Vi Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-20017 Filed 8-9-02; 8:45 am]
BILLING CODE 4910-13-P