[Federal Register Volume 68, Number 136 (Wednesday, July 16, 2003)]
[Proposed Rules]
[Pages 41973-41977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17951]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-292-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and EMB-145 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain EMBRAER Model EMB-
135 and EMB-145 series airplanes, that currently requires revising the 
airplane flight manual and eventual disconnection of the precooler 
differential pressure switches. This action would expand the 
applicability of the existing AD. This action also would require a one-
time inspection of those additional airplanes to ensure the 
disconnection and insulation of the electrical connectors of certain 
precooler differential pressure switches located in the left and right 
pylons; and disconnection and insulation of the connectors, if 
necessary. This action is necessary to prevent incorrect operation of 
the

[[Page 41974]]

precooler differential pressure switches, which could result in 
inappropriate automatic shutoff of the engine bleed valve, and 
consequent inability to restart a failed engine using cross-bleed from 
the other engine or possible failure of the anti-ice system. This 
action is also necessary to ensure that the flightcrew is advised of 
the procedures necessary to restart an engine in flight using the 
auxiliary power unit. This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by August 15, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-292-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. 2001-NM-292-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: 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

    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 2001-NM-292-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. 2001-NM-292-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On June 20, 2000, the FAA issued AD 2000-13-02, amendment 39-11801 
(65 FR 39541, June 27, 2000), applicable to certain EMBRAER Model EMB-
135 and EMB-145 series airplanes, to require revising the airplane 
flight manual (AFM) and eventual disconnection of the precooler 
differential pressure switches. That action was prompted by a report 
indicating that activation of the precooler differential pressure 
switches may cause inappropriate automatic shutoff of the engine bleed 
valve on airplanes on which EMBRAER Service Bulletin 145-36-0017, dated 
March 28, 2000, or the production equivalent, has been accomplished. 
The requirements of that AD are intended to prevent incorrect operation 
of the precooler differential pressure switches, which could result in 
inappropriate automatic shutoff of the engine bleed valve, and 
consequent inability to restart a failed engine using cross-bleed from 
the other engine or possible failure of the anti-ice system. The 
requirements of that AD are also intended to ensure that the flightcrew 
is advised of the procedures necessary to restart an engine in flight 
using the auxiliary power unit (APU).

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the Departmento de Aviacao Civil 
(DAC), which is the airworthiness authority for Brazil, issued 
Brazilian airworthiness directive 2000-04-01R2, dated May 28, 2001, in 
order to assure the continued airworthiness of these airplanes in 
Brazil. That Brazilian airworthiness directive supersedes Brazilian 
airworthiness directive 2000-04-01R1 to add airplanes to the 
applicability section and to require an inspection of the affected area 
for the additional airplanes.

Explanation of Relevant Service Information

    EMBRAER has issued Alert Service Bulletin 145-36-A018, Change 01, 
dated October 20, 2000. The effectivity section of the alert service 
bulletin includes additional airplanes. The alert service bulletin also 
describes procedures for a one-time visual inspection of those 
additional airplanes to ensure the disconnection and insulation of the 
electrical connectors of certain precooler differential pressure 
switches located in the left and right pylons; and disconnection and 
insulation of the connectors, if necessary. The DAC classified this 
alert service bulletin as mandatory.

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 supersede AD 2000-13-02 to 
continue

[[Page 41975]]

to require revising the AFM and eventual disconnection of the precooler 
differential pressure switches. The proposed AD would add airplanes to 
the applicability. The proposed AD also would require a one-time visual 
inspection of those additional airplanes to ensure the disconnection 
and insulation of the electrical connectors of certain precooler 
differential pressure switches located in the left and right pylons; 
and disconnection and insulation of the connectors, if necessary. 
Certain actions would be required to be accomplished in accordance with 
the alert service bulletin described previously.

Differences Between the Proposed AD and the Brazilian Airworthiness 
Directive

    Operators should note that, for certain airplanes, this proposed AD 
would require, within 24 hours after the effective date of this 
proposed AD, revising the Limitations and Abnormal Procedures sections 
of the AFM as described previously. The Brazilian airworthiness 
directive does not require revising the AFM and states that dispatch 
with the APU inoperative is prohibited immediately upon receipt of 
their airworthiness directive 2000-04-01R2, until the accomplishment of 
the actions specified in EMBRAER Alert Service Bulletin 145-36A018, 
Change 01. The Brazilian airworthiness directive provides some guidance 
for engine starting assisted by the APU but does not provide the full 
details of this restart procedure. The FAA finds that the revision of 
the Limitations section described previously is necessary to mitigate 
the effects of incorrect operation of the precooler differential 
pressure switches until the switches are disconnected. The FAA also 
finds that replacement of the existing ``Engine Airstart'' procedure in 
the Abnormal Procedures section of the AFM is necessary to ensure that 
the procedure is clear and that the flightcrew is properly advised of 
how to restart a failed engine using the APU.

Changes to 14 CFR Part 39/Effect on the Proposed AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance (AMOC). Because we have now included this material in part 
39, only the office authorized to approve AMOCs is identified in each 
individual AD. Therefore, Note 1 and paragraph (e) of AD 2000-13-02 are 
not included in this proposed AD, and paragraph (d) of that AD has been 
revised in this proposed AD.

Cost Impact

    There are approximately 365 Model EMB-135 and EMB-145 series 
airplanes of U.S. registry that would be affected by this proposed AD.
    The AFM revision that is currently required by AD 2000-13-02 takes 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the currently required AFM revision on U.S. operators is 
estimated to be $60 per airplane.
    The disconnection of switches that is currently required by AD 
2000-13-02 takes approximately 1 work hour per airplane to accomplish, 
at an average labor rate of $60 per work hour. Based on these figures, 
the cost impact of the currently required disconnection of switches on 
U.S. operators is estimated to be $60 per airplane.
    The new AFM revision that is proposed in this AD would take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the proposed new AFM revision on U.S. operators is estimated 
to be $21,900, or $60 per airplane.
    The inspection that is proposed in this AD would take approximately 
1 work hour per airplane to accomplish, at an average labor rate of $60 
per work hour. Based on these figures, the cost impact of the proposed 
inspection on U.S. operators is estimated to be $21,900, or $60 per 
airplane.
    The disconnection of switches that is proposed by this AD would 
take approximately 2 work hours per airplane to accomplish, at an 
average labor rate of $60 per work hour. Based on these figures, the 
cost impact of the proposed modification on U.S. operators is estimated 
to be $43,800, or $120 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this 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 removing amendment 39-11801 (65 FR 
39541, June 27, 2000), and by adding a new airworthiness directive 
(AD), to read as follows:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 2001-NM-
292-AD. Supersedes AD 2000-13-02, Amendment 39-11801.

    Applicability: Model EMB-135 and EMB-145 series airplanes; as 
identified in EMBRAER Alert Service Bulletin 145-36-A018, Change 01, 
dated October 20, 2000; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.

[[Page 41976]]

    To prevent incorrect operation of the precooler differential 
pressure switches, which could result in inappropriate automatic 
shutoff of the engine bleed valve, and consequent inability to 
perform engine cross-bleed restarts or possible failure of the anti-
ice system; and to ensure that the flightcrew is advised of proper 
procedures to restart an engine in flight using the auxiliary power 
unit; accomplish the following:

Restatement of Requirements of AD 2000-13-02

Revision to Airplane Flight Manual (AFM): Limitations Section

    (a) For airplanes identified in AD 2000-13-02, amendment 39-
11801: Within 24 hours after July 3, 2000 (the effective date of AD 
2000-13-02, amendment 39-11801), revise the Limitations section of 
the AFM to include the following statements (this may be 
accomplished by inserting a copy of this AD into the AFM; following 
accomplishment of paragraph (c) of this AD, the revisions required 
by this paragraph may be removed from the AFM):

``THE APU MUST BE OPERATIVE FOR EVERY DEPARTURE. SINGLE BLEED OPERATION 
IN ICING CONDITIONS IS PROHIBITED.''

Revision to AFM: Abnormal Procedures Section

    (b) For airplanes identified in AD 2000-13-02, amendment 39-
11801: Within 24 hours after July 3, 2000, replace the existing 
``ENGINE AIRSTART'' procedure in the Abnormal Procedures section of 
the AFM with the following procedures (this may be accomplished by 
inserting a copy of this AD into the AFM):

 
 
 
``ENGINE AIRSTART
 
Affected engine:
  One Electric Fuel Pump (A or B).........  ON
  Ignition................................  AUTO
  Start/Stop Selector.....................  STOP
  Engine Bleed............................  CLOSE
  Thrust Lever............................  IDLE
Airspeed and Altitude.....................  REFER TO AIRSTART ENVELOPE
Perform an assisted start or windmilling, as required.
CAUTION: IN ICING CONDITIONS USE CROSSBLEED START ONLY, TO AVOID LOSS OF
 ANTI-ICE SYSTEM PERFORMANCE.
Assisted Start:
Crossbleed Start:
  N2 (operating engine)...................  ABOVE 80%
  Crossbleed..............................  AUTO OR OPEN
  Engine Bleed (operating engine..........  OPEN
  Start/Stop Selector.....................  START, THEN RUN
  Engine Indication.......................  MONITOR
Check ITT and N2 rising. Observe limits. Check ignition and fuel flow
 indication at 10% N2.
APU bleed start:
  APU.....................................  START
  APU Bleed...............................  OPEN
  Crossbleed..............................  AUTO
Engine Bleed (operating engine)...........  CLOSE
Start/Stop Selector.......................  START, THEN RUN
  Engine Indication.......................  MONITOR
Check ITT and N2 rising. Observe limits. Check ignition and fuel flow
 indication at 10% N2.
Windmilling Start:
  Airspeed................................  ABOVE 260 KIAS
  Minimum N2..............................  12%
  Start/Stop Selector.....................  START, THEN RUN
  ITT and N2..............................  MONITOR
Note:--Windmilling start will be slower than an assisted start.
--Windmilling start with N2 above 30% and increasing, the loss of
 altitude may be minimized, by reducing airspeed.
--Start will be faster if ITT is below 320 [deg]C.
After Start:
  Affected Engine Bleed...................  AS REQUIRED
  Crossbleed..............................  AUTO
  APU Bleed...............................  AS REQUIRED''
 

Disconnection of the Precooler Differential Pressure Switches

    (c) For airplanes identified in AD 2000-13-02, amendment 39-
11801: Within 100 flight hours after July 3, 2000, disconnect the 
electrical connector from the precooler differential pressure 
switches in the left and right engine pylons, in accordance with 
EMBRAER Alert Service Bulletin 145-36-A018, dated April 14, 2000; or 
Change 01, dated October 20, 2000. Following accomplishment of this 
paragraph, the AFM revision required by paragraph (a) of this AD may 
be removed from the AFM.

New Requirements of This AD

Revision to AFM: Limitations Section

    (d) For airplanes having serial numbers 145245, 145250 through 
145255 inclusive, 145258 through 145262 inclusive, 145264 through 
145324 inclusive, 145326, and 145327: Within 24 hours after the 
effective date of this AD, revise the Limitations section of the AFM 
to include the following statements (this may be accomplished by 
inserting a copy of this AD into the AFM; following accomplishment 
of paragraph (f) of this AD, the revisions required by this 
paragraph may be removed from the AFM):

``THE APU MUST BE OPERATIVE FOR EVERY DEPARTURE. SINGLE BLEED 
OPERATION IN ICING CONDITIONS IS PROHIBITED.''

Revision to AFM: Abnormal Procedures Section

    (e) For airplanes having serial numbers 145245, 145250 through 
145255 inclusive, 145258 through 145262 inclusive, 145264 through 
145324 inclusive, 145326, and 145327: Within 24 hours after the 
effective date of this AD, replace the existing ``ENGINE AIRSTART'' 
procedure in the Abnormal Procedures section of the AFM with the 
following procedures (this may be accomplished by inserting a copy 
of this AD into the AFM):

 
 
 
``ENGINE AIRSTART
 
Affected engine:
  One Electric Fuel Pump (A or B).........  ON
  Ignition................................  AUTO
  Start/Stop Selector.....................  STOP
  Engine Bleed............................  CLOSE
  Thrust Lever............................  IDLE
Airspeed and Altitude.....................  REFER TO AIRSTART ENVELOPE
Perform an assisted start or windmilling, as required.
CAUTION: IN ICING CONDITIONS USE CROSSBLEED START ONLY, TO AVOID LOSS OF
 ANTI-ICE SYSTEM PERFORMANCE.
Assisted Start:
Crossbleed Start:
  N2 (operating engine)...................  ABOVE 80%
  Crossbleed..............................  AUTO OR OPEN
  Engine Bleed (operating engine).........  OPEN
  Start/Stop Selector.....................  START, THEN RUN
  Engine Indication.......................  MONITOR
Check ITT and N2 rising. Observe limits. Check ignition and fuel flow
 indication at 10% N2.
APU bleed start:
  APU.....................................  START
  APU Bleed...............................  OPEN
  Crossbleed..............................  AUTO
  Engine Bleed (operating engine).........  CLOSE
Start/Stop Selector.......................  START, THEN RUN
Engine Indication.........................  MONITOR
Check ITT and N2 rising. Observe limits. Check ignition and fuel flow
 indication at 10% N2.
Windmilling Start:
  Airspeed................................  ABOVE 260 KIAS
  Minimum N2..............................  12%
  Start/Stop Selector.....................  START, THEN RUN
  ITT and N2..............................  MONITOR
Note:--Windmilling start will be slower than an assisted start.
--Windmilling start with N2 above 30% and increasing, the loss of
 altitude may be minimized, by reducing airspeed.
--Start will be faster if ITT is below 320 [deg]C.
After Start:
  Affected Engine Bleed...................  AS REQUIRED
  Crossbleed..............................  AUTO
  APU Bleed...............................  AS REQUIRED''
 

Inspection of Electrical Connectors and Follow-on Actions

    (f) For airplanes having serial numbers 145245, 145250 through 
145255 inclusive, 145258 through 145262 inclusive, 145264 through 
145324 inclusive, 145326, and 145327: Within 100 flight hours after 
the effective date of this AD, perform a one-time general visual 
inspection to ensure that electrical connector P1904 located in the 
right pylon is insulated and disconnected from precooler 
differential pressure switch S0354, and to ensure that electrical 
connector P1904 or P2252 located in the left pylon is insulated and 
disconnected from precooler differential pressure switch S0355, per 
the Accomplishment Instructions of EMBRAER Alert Service Bulletin 
145-36-A018, Change 01, dated October 20, 2000. Following 
accomplishment of paragraph (f)(1), (f)(2), or (f)(3) of this AD, as 
applicable, the AFM revision required by paragraph (d) of this AD 
may be removed from the AFM.
    (1) If all connectors are disconnected and insulated, no further 
action is required by this paragraph.
    (2) If any connector is connected to a precooler differential 
pressure switch, prior to further flight, disconnect and insulate 
the connector per the Accomplishment Instructions of the alert 
service bulletin.
    (3) If any connector is disconnected from a precooler 
differential pressure switch, but is not insulated, prior to further 
flight, insulate the connector per the Accomplishment Instruction of 
the alert service bulletin.


[[Page 41977]]


    Note 1: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (g) Actions accomplished before the effective date of this AD, 
per the Accomplishment Instructions of EMBRAER Alert Service 
Bulletin 145-36-A018, dated April 14, 2000; or EMBRAER Service 
Bulletin 145-36-0018, dated November 5, 2002; are considered 
acceptable for compliance with the actions specified in paragraph 
(f) of this AD.

Alternative Methods of Compliance

    (h) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, is authorized to approve alternative methods 
of compliance for this AD.

    Note 2: The subject of this AD is addressed in Brazilian 
airworthiness directive 2000-04-01R2, dated May 28, 2001.


    Issued in Renton, Washington, on July 10, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-17951 Filed 7-15-03; 8:45 am]
BILLING CODE 4910-13-P