[Federal Register Volume 69, Number 33 (Thursday, February 19, 2004)]
[Proposed Rules]
[Pages 7707-7710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3494]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-237-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 repetitive detailed 
inspections of the oil in the air turbine starter (ATS) to determine 
the quantity of the oil and the amount of debris contamination in the 
oil. If the oil

[[Page 7708]]

quantity is incorrect or if excessive debris is found in the oil, this 
proposal would require replacement of the ATS with a new or serviceable 
ATS having the same part number, and continued repetitive detailed 
inspections. This proposal would also require eventual replacement of 
each ATS with a new improved ATS having a new part number, which would 
constitute terminating action for the repetitive detailed inspections. 
This action is necessary to prevent a flash fire in the nacelle, which 
could cause the engine to shut down in flight. This action is intended 
to address the identified unsafe condition.

DATES: Comments must be received by March 22, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-237-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 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. 2003-NM-237-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 2003-NM-237-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. 2003-NM-237-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 reports several cases of failure of the air turbine starter (ATS) 
unit. The failures resulted from an excessive oil temperature that may 
have been caused by either insufficient or excessive oil in the ATS. 
This condition, if not corrected, could result in failure of the ATS, 
and a possible flash fire in the nacelle and consequent shutdown of an 
engine in flight.

Explanation of Relevant Service Information

    EMBRAER has issued EMBRAER Service Bulletin 145LEG-80-0001, 
Revision 01, dated April 10, 2003, for Model EMB-135 BJ series 
airplanes; and EMBRAER Service Bulletin 145-80-0005, Revision 02, dated 
September 16, 2003, for all other affected airplanes. These service 
bulletins describe procedures for repetitive detailed inspections of 
the oil in the ATS to determine the quantity of oil and to determine 
the amount of debris contamination in the oil. For any ATS that has an 
incorrect quantity of oil or excessive debris contamination in the oil, 
these service bulletins describe procedures for replacement of the ATS 
with a new or serviceable ATS having the same part number.
    EMBRAER has also issued EMBRAER Service Bulletin 145-LEG-80-0002, 
dated October 2, 2003, for Model EMB-135 BJ series airplanes; and 
EMBRAER Service Bulletin 145-80-0006, dated October 2, 2003, for all 
other affected airplanes. These service bulletins describe procedures 
for rework of each ATS.
    Accomplishment of the actions specified in the applicable service 
bulletins is intended to adequately address the identified unsafe 
condition.
    The DAC classified these service bulletins as mandatory and issued 
Brazilian airworthiness directive 2003-07-01R1, dated December 23, 
2003, to ensure the continued airworthiness of these airplanes in 
Brazil.
    EMBRAER Service Bulletins 145-LEG-80-0002 and 145-80-0006 refer to 
Honeywell Service Bulletin 3505910-80-1789, dated August 19, 2003 as an 
additional source of service information for accomplishment of the 
replacement of the ATS with a new improved ATS.

FAA's Conclusions

    This airplane model is manufactured in Brazil and is 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.

[[Page 7709]]

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, 
except as discussed below.

Difference Between the Proposed Rule, the Brazilian AD, and the Service 
Bulletins

    Operators should note that although Brazilian Airworthiness 
Directive 2003-07-01R1 and the service bulletins allow for replacement 
of the ATS with the same part number at intervals of up to 50 flight 
hours, or continued operation of an ATS with excessive debris and fewer 
than 400 operating hours, this proposed AD would require the 
replacement prior to further flight.
    Operators should also note that although the Honeywell service 
bulletin specifies to submit certain information to the manufacturer, 
this AD does not include such a requirement.

Cost Impact

    The FAA estimates that 459 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 inspection, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the proposed inspection on U.S. operators is estimated 
to be $29,835, or $65 per airplane, per inspection cycle.
    We estimate that it would take approximately 2 work hours per 
airplane to accomplish the proposed replacement with a new, improved 
ATS, and that the average labor rate is $65 per work hour. Based on 
these figures, the cost impact of the proposed replacement on U.S. 
operators is estimated to be $59,670, or $130 per airplane. The 
manufacturer may cover the cost of replacement parts associated with 
this proposed replacement, subject to warranty conditions. Manufacturer 
warranty remedies may also be available for labor costs associated with 
this proposed replacement.
    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 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 2003-NM-
237-AD.

    Applicability: Model EMB-135 and -145 series airplanes, with air 
turbine starter (ATS) units having part numbers (P/N) 3505910-4 or -
5; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent a flash fire in the nacelle, which could cause the 
engine to shut down in flight, accomplish the following:

Service Bulletin Reference

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the following service bulletins, as 
applicable:
    (1) For the detailed inspection and replacements specified in 
paragraphs (b), (c) and (d) of this AD: For Model EMB-135 BJ series 
airplanes, EMBRAER Service Bulletin 145LEG-80-0001, Revision 01, 
dated April 10, 2003; and for all other affected airplanes, EMBRAER 
Service Bulletin 145-80-0005, Revision 02, dated September 16, 2003.
    (2) For the replacement specified in paragraph (e) of this AD: 
For Model EMB-135 BJ series airplanes, EMBRAER Service Bulletin 145-
LEG-80-0002, dated October 2, 2003; and for all other affected 
airplanes, EMBRAER Service Bulletin 145-80-0006, dated October 2, 
2003.

    Note 1: These service bulletins refer to Honeywell Service 
Bulletin 3505910-80-1789, dated August 19, 2003, as an additional 
source of service information. The Honeywell service bulletin is 
attached to the EMBRAER service bulletins. Although this Honeywell 
service bulletin specifies to submit certain information to the 
manufacturer, this AD does not include such a requirement.

Repetitive Detailed Inspection

    (b) Within 200 flight hours or 90 days after the effective date 
of this AD, whichever occurs first: Perform a detailed inspection of 
the oil in the air turbine starter (ATS) to determine the quantity 
of oil and to determine the amount of debris contamination in the 
oil in accordance with the applicable service bulletin. Repeat the 
inspection at intervals not to exceed 500 flight hours or 180 days, 
whichever occurs first.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Oil Replacement if Oil Quantity Is Correct and No Excessive Debris Is 
Found

    (c) If, during the inspection required by paragraph (b) of this 
AD, no oil debris contamination is found that is in excess of the 
limits allowed by the applicable service bulletin; and if the amount 
of oil in the ATS is correct: Prior to further flight, replace the 
oil in the ATS with new oil, in accordance with the applicable 
service bulletin.

Replacement if Oil Quantity Is Incorrect or if Excessive Debris Is 
Found

    (d) If, during the inspection required by paragraph (b) of this 
AD, the oil quantity is found to be incorrect; or if oil debris 
contamination is found that is in excess of

[[Page 7710]]

the limits allowed by the applicable service bulletin: Prior to 
further flight, replace the ATS with a new or serviceable ATS having 
part number (P/N) 3505910-4 or P/N 3505910-5, in accordance with the 
applicable service bulletin. Where the service bulletins allow for 
continued operation of an ATS with excess debris and fewer than 400 
operating hours, or replacement within 50 flight hours, replace the 
ATS prior to further flight.

Terminating Action

    (e) Within 26 months after the effective date of this AD, 
replace any ATS having P/N 3505910-4 or -5 with a new ATS having P/N 
3505910-6 in accordance with the applicable service bulletin. This 
replacement constitutes terminating action for the repetitive 
detailed inspections required by paragraph (b) of this AD.

Actions Accomplished Per Previous Issue of Service Bulletin 145-80-0005

    (f) Actions accomplished before the effective date of this AD 
per EMBRAER Service Bulletin 145-80-0005, Revision 01, dated April 
10, 2003, are considered acceptable for compliance with the 
corresponding actions specified in this AD.

Alternative Methods of Compliance

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

    Note 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 2003-07-01R1, dated December 23, 2003.



    Issued in Renton, Washington, on February 9, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-3494 Filed 2-18-04; 8:45 am]
BILLING CODE 4910-13-P