[Federal Register Volume 69, Number 92 (Wednesday, May 12, 2004)]
[Proposed Rules]
[Pages 26326-26329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10744]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-351-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 supersedure of an existing 
airworthiness directive (AD), applicable to certain EMBRAER Model EMB-
135 and -145 series airplanes. That AD currently requires a one-time 
inspection to detect incorrect wiring of the electrical connectors to 
the pressure switches and cartridges on the fire extinguisher bottles 
for the engines and the auxiliary power unit (APU); disconnection and 
reconnection of the wiring, as necessary; and adjustment of the length 
of the harnesses on the fire extinguisher bottles to avoid future 
misconnections. This action would require additional adjustment of the 
length of the harnesses; installation of a color-coded identification 
system to avoid misconnections during maintenance; and a functional 
test of the engine fire extinguisher system. This action would also 
expand the applicability of the existing AD to include additional 
airplanes. The actions specified by the proposed AD are intended to 
prevent the issuance of erroneous commands or the receipt of erroneous 
information pertaining to the fire extinguisher system for the engines 
and the APU, which could result in the inability to put out a fire in 
an engine or in the APU. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by June 11, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-351-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: 
9-anm-

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[email protected]. Comments sent via fax or the Internet must contain 
``Docket No. 2002-NM-351-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 2002-NM-351-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-351-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On May 17, 2001, the FAA issued AD 2001-10-15, amendment 39-12241 
(66 FR 28646, May 24, 2001), applicable to certain EMBRAER Model EMB-
135 and -145 series airplanes. That AD requires a one-time inspection 
to detect incorrect wiring of the electrical connectors to the pressure 
switches and cartridges on the fire extinguisher bottles for the 
engines and the auxiliary power unit (APU); disconnection and 
reconnection of the wiring, as necessary; and adjustment of the length 
of the harnesses on the fire extinguisher bottles to avoid future 
misconnections. That action was prompted by the issuance of mandatory 
continuing airworthiness information issued by the Departmento de 
Aviacao Civil (DAC), the Brazilian civil airworthiness authority. The 
requirements of that AD are intended to prevent the issuance of 
erroneous commands or the receipt of erroneous information pertaining 
to the fire extinguisher system for the engines and APU, which could 
result in the inability to put out a fire in an engine or in the APU.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the manufacturer has issued new 
service information which contains new requirements.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-26-0010, Change 03, dated 
August 28, 2002, which describes procedures for modifying the 
electrical connectors and wire harnesses for the engine and APU fire 
extinguisher bottle cartridges, and pressure switches. The procedures 
for modification include adjusting the length of the harness system. 
Following this adjustment, the modification includes installing 
identification sleeves on the harness and the electrical connectors of 
the harness, and installing matching color-coded identification 
stickers on the fire extinguisher bottles to identify the outlet and 
switch connections. The service bulletin also provides procedures for 
replacing certain clamps with new, larger clamps or installing tiedown 
straps; installing new terminals if necessary; and carrying out a 
functional test of the engine fire extinguisher system.
    The DAC classified this service bulletin as mandatory and issued 
Brazilian airworthiness directive 2001-09-01R1, dated June 26, 2002, to 
ensure the continued airworthiness of these airplanes in Brazil.
    EMBRAER Service Bulletin 145-26-0010 refers to Pacific Scientific 
Service Bulletin 26-1130d, dated June 18, 2001, as an additional source 
of service information for accomplishment of the installation of the 
color-coded identification stickers. The Pacific Scientific service 
bulletin is included in the EMBRAER service bulletin.

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 2001-10-15 to 
continue to require a one-time inspection to detect incorrect wiring of 
electrical connectors to the pressure switches and cartridges on the 
fire extinguisher bottles for the engines and the APU; disconnection 
and reconnection of the wiring, as necessary; and adjustment of the 
length of the harnesses on the fire extinguisher bottles to avoid 
future misconnections. This proposed AD would require an additional 
adjustment of the harnesses; and installing color-coded identification 
sleeves and heat-shrinkable sleeves to the subject electrical harness 
connectors, and color-coded stickers to identify the functions of the 
engine and APU fire extinguisher bottles. This proposed AD also would 
require replacing clamps with new,

[[Page 26328]]

larger clamps or installing tiedown straps; and installing new 
terminals if necessary. This proposed AD also would require a 
functional test of the engine fire extinguisher system. The actions 
would be required to be accomplished in accordance with the service 
bulletin described previously.

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. Because we have now included this material in part 39, we 
no longer need to include it in each individual AD; therefore, 
paragraphs (b) and (c) and Notes 1 and 3 of AD 2001-10-15 are not 
included in this proposed AD.

Cost Impact

    There are approximately 435 airplanes of U.S. registry that would 
be affected by this proposed AD.
    The actions that are currently required by AD 2001-10-15 and 
continued in this proposed AD take approximately 3 work hours per 
airplane to accomplish, at an average labor rate of $65 per work hour. 
Based on these figures, the cost impact of the currently required 
actions on U.S. operators is estimated to be $84,825, or $195 per 
airplane.
    The new actions that are proposed in this AD action would take 
approximately 7 work hours per airplane to accomplish, at an average 
labor rate of $65 per work hour. Required parts would cost 
approximately $93 per airplane. Based on these figures, the cost impact 
of the proposed requirements of this AD on U.S. operators is estimated 
to be $238,380, or $548 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 39-12241 (66 FR 
28646, May 24, 2001), and by adding a new airworthiness directive (AD), 
to read as follows:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 2002-NM-
351-AD. Supersedes AD 2001-10-15, Amendment 39-12241.

    Applicability: Model EMB-135 and -145 series airplanes, as 
listed in EMBRAER Service Bulletin 145-26-0010, Change 03, dated 
August 28, 2002; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the issuance of erroneous commands or the receipt of 
erroneous information pertaining to the fire extinguisher system for 
the engines and auxiliary power unit (APU), which could result in 
the inability to put out a fire in an engine or in the APU, 
accomplish the following:

Restatement of the Requirements of AD 2001-10-15

Inspection

    (a) For airplanes listed in EMBRAER Service Bulletin 145-26-
0009, dated January 26, 2001: Within 100 flight hours after June 8, 
2001 (the effective date of AD 2001-10-15, amendment 39-12241), 
perform a one-time general visual inspection to detect incorrect 
wiring of electrical connectors to the pressure switches and 
cartridges on the fire extinguisher bottles for the engines and the 
APU, in accordance with paragraph 3.D. of the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-26-0009, dated January 
26, 2001; or Change 01, dated June 25, 2001.

    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 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.''

    (1) If the wiring connections are correct: Prior to further 
flight, adjust the length of the harnesses to the fire extinguisher 
bottles, in accordance with the service bulletin.
    (2) If the wiring connections are incorrect: Prior to further 
flight, re-connect them and adjust the length of the harnesses to 
the fire extinguisher bottles, in accordance with the service 
bulletin.

New Requirements of This AD

Inspection

    (b) For airplanes not subject to paragraph (a) of this AD: 
Within 100 flight hours after the effective date of this AD, perform 
a one-time general visual inspection to detect incorrect wiring of 
electrical connectors to the pressure switches and cartridges on the 
fire extinguisher bottles for the engines and the APU, in accordance 
with paragraph 3.D. of the Accomplishment Instructions of EMBRAER 
Service Bulletin 145-26-0009, Change 01, dated June 25, 2001.
    (1) If the wiring connections are correct: Prior to further 
flight, adjust the length of the harnesses to the fire extinguisher 
bottles, in accordance with the service bulletin.
    (2) If the wiring connections are incorrect: Prior to further 
flight, re-connect them and adjust the length of the harnesses to 
the fire extinguisher bottles, in accordance with the service 
bulletin.

Modifications

    (c) For all airplanes: Within 4,000 flight hours after the 
effective date of this AD, modify the electrical harnesses and 
electrical connectors of the engine and APU fire extinguisher 
system, including installing identification sleeves and color-coded 
identification stickers, in accordance with

[[Page 26329]]

the Accomplishment Instructions of EMBRAER Service Bulletin 145-26-
0010, Change 03, dated August 28, 2002.

Parts Installation

    (d) As of the effective date of this AD, no person may install 
on any airplane, engine fire extinguisher bottle part number (P/N) 
33600057-1 or P/N 33600057-5, serial number (S/N) 26916D1 through 
42300D2 inclusive; and APU fire extinguisher bottles P/N 30100050-1 
or P/N 30100050-5, SN 301209A1 through SN 38950A1, inclusive; unless 
color-coded stickers are installed in accordance with paragraph (c) 
of this AD.

Actions Accomplished per Previous Issues of the Service Bulletin

    (e) Actions accomplished prior to the effective date of this AD 
in accordance with EMBRAER Service Bulletin 145-26-0010, dated June 
25, 2001; Change 01, dated January 3, 2002; or Change 02, dated June 
5, 2002; are considered acceptable for compliance with the 
corresponding actions specified in this AD.

Alternative Methods of Compliance

    (f) 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 2001-09-01R1, dated June 26, 2002.



    Issued in Renton, Washington, on May 5, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10744 Filed 5-11-04; 8:45 am]
BILLING CODE 4910-13-P