[Federal Register Volume 68, Number 20 (Thursday, January 30, 2003)]
[Proposed Rules]
[Pages 4725-4727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2096]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 20 / Thursday, January 30, 2003 / 
Proposed Rules  

[[Page 4725]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-88-AD]
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: 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-135 and 
-145 series airplanes. This proposal would require replacing the four 
Gamah clamp/sleeve joints on an engine bleed air duct with new threaded 
coupling assemblies. For certain airplanes, this proposal would also 
require replacing the two supports for the engine bleed air duct with 
two new supports. This action is necessary to prevent hot air leaks 
from the bleed air duct due to disconnection of the duct joint, which 
could result in heat damage to components near the duct, and consequent 
increased risk of fire in the rear baggage compartment. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by March 3, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-88-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 fax or the Internet must 
contain ``Docket No. 2002-NM-88-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 for Windows 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: Robert D. Breneman, Aerospace 
Engineer, International Branch, ANM-116, FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; 
telephone (425) 227-1263; 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:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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 2002-NM-88-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. 2002-NM-88-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    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 the engine bleed air duct between frames 68 and 69 in 
the rear baggage compartment could leak. The cause of the leakage has 
been attributed to possible disconnection of the duct joint. This 
condition, if not corrected, could result in hot air leaks from the 
bleed air duct, which could lead to heat damage to components near the 
duct, and consequent increased risk of fire in the rear baggage 
compartment.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-36-0024, dated May 31, 
2001, which describes procedures for replacing the four Gamah clamp/
sleeve joints from the bleed line at the baggage compartment between 
frames 68 and 69 with new threaded coupling assemblies (including re-
identifying, cleaning, and lubricating the bleed ducts; and installing 
protection sleeves). For certain airplanes, the service bulletin also 
describes procedures for replacing the two supports for the engine 
bleed air duct with two new supports. Accomplishment of the actions 
specified in the service bulletin is intended to adequately address the 
identified unsafe condition. The DAC classified this service bulletin 
as

[[Page 4726]]

mandatory and issued Brazilian airworthiness directive 2001-09-03, 
dated October 2, 2001, 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 
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.

Difference Between the Brazilian Airworthiness Directive and the 
Proposed AD

    The proposed AD would differ from the parallel Brazilian 
airworthiness directive in that the applicability would only affect 
those Model EMB-135 and -145 series airplanes listed in the Effectivity 
of EMBRAER Service Bulletin 145-36-0024, dated May 31, 2001. The 
Brazilian airworthiness directive affects all Model-135 and -145 series 
airplanes. As indicated in EMBRAER Service Bulletin 145-36-0024, 
certain airplanes had the replacement specified in that service 
bulletin done during production. The limited applicability has been 
coordinated and concurred with by the DAC.

Cost Impact

    The FAA estimates that 346 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 3 work 
hours per airplane to accomplish the proposed replacement, and that the 
average labor rate is $60 per work hour. Required parts would cost 
approximately between $1,978 and $2,007 per airplane. Based on these 
figures, the cost impact of the proposed AD on U.S. operators of these 
airplanes is estimated to be between $746,668 and $756,702; or between 
$2,158 and $2,187 per airplane.
    The cost impact figures discussed above are 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 proposed 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 2002-NM-88-
AD.
    Applicability: Model EMB-135 and -145 series airplanes, as 
listed in EMBRAER Service Bulletin 145-36-0024, dated May 31, 2001; 
excluding those airplanes listed in ``In-production effectivity'' in 
paragraph 1.A., ``Effectivity,'' of the service bulletin; 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
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 hot air leaks from the bleed air duct due to 
disconnection of the duct joint, which could result in heat damage 
to components near the duct, and consequent increased risk of fire 
in the rear baggage compartment, accomplish the following:

Replacement

    (a) Within 1,000 flight hours after the effective date of this 
AD, do the actions specified in paragraphs (a)(1) and (a)(2) of this 
AD, as applicable, per EMBRAER Service Bulletin 145-36-0024, dated 
May 31, 2001.
    (1) For all airplanes: Replace the four Gamah clamp/sleeve 
joints from the bleed line at the baggage compartment between frames 
68 and 69 with new threaded coupling assemblies (including re-
identifying, cleaning, and lubricating the bleed ducts; and 
installing protection sleeves).
    (2) For airplanes having serial numbers listed in paragraph 3.G. 
of the Accomplishment Instructions of the service bulletin: Replace 
the two supports for the engine bleed air duct with two new 
supports, having part number 145-35923-007.

Parts Installation

    (b) As of the effective date of this AD, no person shall install 
parts listed in paragraphs (b)(1) and (b)(2) of this AD, as 
applicable.
    (1) For all airplanes: Gamah clamp/sleeve joints, from the bleed 
line at the baggage compartment between frames 68 and 69, having 
part number G30020CD, G30020TD, G30020C, or G30020T.
    (2) For airplanes having serial numbers listed in paragraph 3.G. 
of the Accomplishment Instructions of EMBRAER Service Bulletin 145-
36-0024, dated May 31, 2001: Supports for the engine bleed air duct, 
with part number 145-35923-007.

[[Page 4727]]

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, 
Transport Airplane Directorate, FAA. 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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (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.

    Note 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 2001-09-03, dated October 2, 2001.


    Issued in Renton, Washington, on January 23, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-2096 Filed 1-29-03; 8:45 am]
BILLING CODE 4910-13-P