[Federal Register Volume 69, Number 81 (Tuesday, April 27, 2004)]
[Proposed Rules]
[Pages 22743-22745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9499]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-37-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-145 and EMB-135 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-145 and 
EMB-135 series airplanes. This proposal would require replacement of 
the engine-driven hydraulic pump. This action is necessary to prevent 
oil leakage at the coupling seal between the hydraulic pump and the 
engine gearbox from causing low engine oil levels, which could lead to 
in-flight engine shutdown and consequent reduced controllability of the 
airplane. This action is intended to address the identified unsafe 
condition.

[[Page 22744]]


DATES: Comments must be received by May 27, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2004-NM-37-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. 2004-NM-37-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:
     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 proposed 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 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 2004-NM-37-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. 2004-NM-37-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Departamento 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-145 and EMB-135 series airplanes. 
The DAC advises that operators have reported three cases of in-flight 
engine shutdown due to low engine oil levels caused by oil leakage at 
the coupling seal between the engine-driven hydraulic pump and the 
engine gearbox. This condition, if not corrected, could result in in-
flight engine shutdown and consequent reduced controllability of the 
airplane.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletins 145-29-0018, Revision 03 (for 
Model EMB-145 and EMB-135 series airplanes, except for EMB-135BJ series 
airplanes), dated December 2, 2003; and 145LEG-29-0001, Revision 01 
(for Model EMB-135BJ series airplanes), dated November 11, 2003. These 
service bulletins describe procedures for replacement of the engine-
driven hydraulic pump with a new or modified pump. Accomplishment of 
the actions specified in the applicable service bulletin is intended to 
adequately address the identified unsafe condition. The DAC classified 
these service bulletins as mandatory and issued Brazilian airworthiness 
directive 2004-01-03, dated January 29, 2004, to ensure the continued 
airworthiness of these airplanes in Brazil.
    The service bulletins refer to EATON Service Bulletin 971808-29-02, 
dated May 1, 2001, as an additional source of service information for 
accomplishing the modification of the hydraulic pump. The EATON service 
bulletin is included in the EMBRAER service bulletins.

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, 
except as discussed below.

Difference Between Proposed Rule and Foreign AD

    The DAC states that Brazilian airworthiness directive 2004-01-03, 
dated January 29, 2004, is applicable to ``all EMB-145 and EMB-135 
aircraft models in operation.'' However, this does not agree with 
EMBRAER Service Bulletin 145-29-0018, Revision 03, dated December 2, 
2003, and Service Bulletin 145LEG-29-0001, Revision 01, dated November 
11, 2003, which state that only certain EMB-145 and EMB-135 airplanes 
with certain serial numbers are affected. This proposed AD would be 
applicable only to the airplanes listed in the service bulletins. This 
difference has been coordinated with the DAC.

Cost Impact

    The FAA estimates that 548 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 4 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $65 per work hour. The manufacturer

[[Page 22745]]

will provide replacement parts at no cost. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$142,480, or $260 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 2004-NM-37-
AD.

    Applicability: Model EMB-145 and EMB-135 series airplanes, 
certificated in any category, as listed in EMBRAER Service Bulletin 
145-29-0018, Revision 03, dated December 2, 2003; and EMBRAER 
Service Bulletin 145LEG-29-0001, Revision 01, dated November 11, 
2003.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent oil leakage at the coupling seal between the 
hydraulic pump and the engine gearbox from causing low engine oil 
levels, which could lead to in-flight engine shutdown and consequent 
reduced controllability of the airplane, accomplish the following:

Service Bulletin References

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the following service bulletins, as 
applicable:
    (1) For Model EMB-145 and EMB-135 (except Model EMB-135BJ) 
series airplanes: EMBRAER Service Bulletin 145-29-0018, Revision 03, 
dated December 2, 2003; and
    (2) For Model EMB-135BJ series airplanes: EMBRAER Service 
Bulletin 145LEG-29-0001, Revision 01, dated November 11, 2003.

    Note 1: EATON Service Bulletin 971808-29-02, dated May 1, 2001, 
has been incorporated into the EMBRAER service bulletins as an 
additional source of service information for accomplishing the 
modification of the hydraulic pump.

Replacement of Hydraulic Pump

    (b) Within 1,000 flight hours after the effective date of this 
AD, replace the engine-driven hydraulic pump, part number (P/N) 
971808, with a new or modified pump, P/N 971808 MOD A, in accordance 
with the Accomplishment Instructions of the applicable service 
bulletin.

Parts Installation

    (c) As of the effective date of this AD, no person may install a 
hydraulic pump having P/N 971808 on any airplane, unless that pump 
has been modified and reidentified as P/N 971808 MOD A, per Part II 
of the Accomplishment Instructions of the applicable service 
bulletin.

Actions Accomplished Per Previous Issues of Service Bulletins

    (d) Actions accomplished before the effective date of this AD in 
accordance with the service bulletins listed in Table 1 of this AD 
are considered acceptable for compliance with the corresponding 
action specified in this AD.

             Table 1.--Previous Issues of Service Bulletins
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         EMBRAER service bulletin                 Revision and date
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145-29-0018...............................  Original Issue, June 6,
                                             2002.
145-29-0018...............................  Revision 01, October 9,
                                             2002.
145-29-0018...............................  Revision 02, August 25,
                                             2003.
145LEG-31-0001............................  Original Issue, October 9,
                                             2002.
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Alternative Methods of Compliance

    (e) 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 2004-01-03, dated January 29, 2004.


    Issued in Renton, Washington, on April 16, 2004.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-9499 Filed 4-26-04; 8:45 am]
BILLING CODE 4910-13-P