[Federal Register Volume 68, Number 243 (Thursday, December 18, 2003)]
[Proposed Rules]
[Pages 70475-70477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31181]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-352-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 Empresa Brasileira de 
Aeronautica S.A. (EMBRAER) Model EMB-135 and -145 series airplanes. 
This proposal would require replacement of the air turbine starters 
(ATS) with modified ATSs. This action is necessary to prevent sheared 
ATS output shafts, which could result in oil flowing down the engine 
accessory gear box shafts and dripping into the engine

[[Page 70476]]

compartments, and consequent oil fire, in-flight shutdown, and/or 
rejected take-off. This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by January 20, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-352-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-352-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 or 2000 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 2002-NM-352-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-352-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 it has received reports of interference problems 
between the engine air turbine starter (ATS) output shafts and the 
engine accessory gear box (AGB) shafts, which resulted in sheared ATS 
output shafts. Sheared ATS output shafts could result in oil flowing 
down the engine AGB shafts and dripping into the engine compartments, 
and consequent oil fire, in-flight shutdown, and/or rejected take-off.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-80-0004, Change 01, dated 
October 22, 2001, which describes procedures for replacing the existing 
ATS with a modified ATS. That service bulletin references Honeywell 
Service Bulletin 3505910-80-1710, Revision 1, dated August 7, 2001, as 
an additional source of service information for accomplishment of the 
modification. The Honeywell service bulletin is included within the 
EMBRAER service bulletin. The procedures in the Honeywell service 
bulletin include inspecting the magnetic drain plug for metal 
contamination, inspecting the ATS output shafts for interference marks, 
modifying the ATS output shafts by machining/drilling holes and 
installing a restrictor, and installing modified ATSs on the airplane. 
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 mandatory and issued Brazilian 
airworthiness directive 2001-09-04, dated October 10, 2001, to ensure 
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 Proposed AD

    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, 
except as described below.

Difference Between the Brazilian AD and the Proposed AD

    The effectivity listed in the original issue of EMBRAER Service 
Bulletin 145-80-0004, dated May 23, 2001, was the same as the 
applicability listed in Brazilian airworthiness directive 2001-09-04, 
dated October 10, 2001. When EMBRAER Service Bulletin 145-80-0004, 
Change 01, dated October 22, 2001, was issued, the effectivity was 
revised and additional airplanes were added to the effectivity of the 
service bulletin. The Brazilian airworthiness directive has not been 
revised; therefore, the applicability does not match the current 
effectivity listed in Change 01 of the service bulletin. The 
applicability of this proposed AD references the effectivity as listed 
in Change 01 of the service bulletin so all affected airplanes

[[Page 70477]]

are addressed. This difference has been coordinated with the DAC.

Cost Impact

    The FAA estimates that 290 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed actions, and that the 
average labor rate is $65 per work hour. There would be no charge for 
required parts. Based on these figures, the cost impact of the proposed 
AD on U.S. operators is estimated to be $18,850, or $65 per airplane.
    The cost impact figure discussed above is 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 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-
352-AD.

    Applicability: Model EMB-135 and -145 series airplanes, as 
listed in EMBRAER Service Bulletin 145-80-0004, Change 01, dated 
October 22, 2001; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent sheared air turbine starters (ATS) output shafts, 
which could result in oil flowing down the engine accessory gear box 
shafts and dripping into the engine compartments, and consequent oil 
fire, in-flight shutdown, and/or rejected take-off, accomplish the 
following:

Replacement of ATSs With Modified ATSs

    (a) Within 800 flight hours after the effective date of this AD, 
replace the ATSs with modified ATSs in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-80-0004, 
Change 01, dated October 22, 2001.

    Note 1: Honeywell Service Bulletin 3505910-80-1710, Revision 1, 
dated August 7, 2001, is incorporated within the pages of EMBRAER 
Service Bulletin 145-80-0004, Change 01, dated October 22, 2001.

    (b) Accomplishment of the specified actions before the effective 
date of this AD in accordance with EMBRAER Service Bulletin 145-80-
0004, dated May 23, 2001, is considered acceptable for compliance 
with paragraph (a) of this AD.

Alternative Methods of Compliance

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

    Note 2: The subject of this AD is addressed in Brazilian 
airworthiness directive 2001-09-04, dated October 10, 2001.


    Issued in Renton, Washington, on December 10, 2003.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-31181 Filed 12-17-03; 8:45 am]
BILLING CODE 4910-13-U