[Federal Register Volume 69, Number 183 (Wednesday, September 22, 2004)]
[Rules and Regulations]
[Pages 56676-56679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21050]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-292-AD; Amendment 39-13797; AD 2004-19-03]
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: Final rule.

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SUMMARY: This amendment supersedes 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 amendment expands the applicability of the existing AD. 
This amendment also requires 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. The actions specified by this 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. 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: Effective October 27, 2004.
    The incorporation by reference of a certain publication, as listed 
in the regulations, is approved by the Director of the Federal Register 
as of October 27, 2004.
    The incorporation by reference of a certain other publication, as 
listed in the regulations, was approved previously by the Director of 
the Federal Register as of July 3, 2000 (65 FR 39541, June 27, 2000).

ADDRESSES: The service information referenced in this AD 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 Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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.

[[Page 56677]]


SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 2000-13-02, 
amendment 39-11801 (65 FR 39541, June 27, 2000), which is applicable to 
certain EMBRAER Model EMB-135 and EMB-145 series airplanes, was 
published in the Federal Register on July 16, 2003 (68 FR 41973). The 
action proposed to require revising the airplane flight manual (AFM) 
and eventual disconnection of the precooler differential pressure 
switches. The action also proposed to expand the applicability of the 
existing AD. The action also proposed 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Use Temporary Revision (TR) 55-3 to the AFM

    One commenter, an operator, requests that the Abnormal Procedures 
Section and Limitations Section of TR 55-3 to the EMBRAER EMB-145 AFM, 
revised on July 2, 2003, be allowed as a form of compliance to the AFM 
text included in and required by the proposed AD. The commenter states 
that TR 55-3 complies with the intent of the text listed in the 
proposed AD, but the wording is not identical.
    We agree with the intent of the commenter's request to revise this 
AD to allow additional acceptable text for the AFM revisions to the 
Abnormal Procedures and Limitations Sections. We have changed 
paragraphs (d) and (e) of this final rule to specify that statements 
approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA (Revision 56 to the EMBRAER EMB-145 AFM is 
one approved source of statements); or the AFM statements included in 
this AD; may be used. The contents of TR 55-3 have been incorporated 
into Revision 56 of the AFM and TR 55-3 is no longer available. A TR is 
only available until the AFM that the TR revises has been updated to 
include the contents of the TR.

Request To Delete Paragraphs (d) and (e) of the Proposed AD

    One commenter, the airplane manufacturer, requests the deletion of 
paragraphs (d) and (e) of the AD. Paragraphs (d) and (e) require 
revisions to the Limitations Section and the Abnormal Procedures 
Section of the AFM within 24 hours after the effective date of the 
proposed AD. The commenter bases its request on the length of the FAA's 
rulemaking process to issue a supersedure AD (AD 2000-13-02) and on the 
average flight hours for the Model EMB-145 fleet. The commenter states 
that the 24-hour compliance time is too short and could significantly 
impact operators' flight operations. The commenter notes that paragraph 
(f) of the proposed AD has a compliance time of 100 flight hours. The 
commenter also states that, based on the fleet utilization of Model 
EMB-145 series airplanes, all affected airplanes will disconnect and 
insulate or remove the differential pressure switch in less than 20 
calendar days after the effective date of the AD. The commenter notes 
that paragraph (f) directly addresses the unsafe condition. 
Furthermore, paragraph (f) states that ``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.''
    We do not agree with the commenter's request to delete paragraphs 
(d) and (e) of this AD. As written, this AD addresses the unsafe 
condition with different actions having different compliance times. 
Paragraphs (d) and (e) of this AD require revising the AFM. Paragraph 
(f) of the AD requires doing a one-time general visual inspection of 
certain electrical connectors within 100 flight hours after the 
effective date of the AD. If the AFM revision is omitted, and an in-
flight event occurs during the 100 flight hours after the effective 
date of the AD, the flightcrew may not be aware of the necessary 
procedures to restart an engine in flight using the auxiliary power 
unit. However, as discussed below in the ``Changes to this Final Rule'' 
paragraph, the compliance time for paragraphs (d) and (e) of this AD 
has been changed from within 24 hours after the effective date of this 
AD to within 14 days after the effective date of the AD.
    Also, paragraphs (d), (e), and (f) of the AD are included under the 
``New Requirements of This AD'' header and are applicable to airplanes 
having specific serial numbers that were not included in the 
applicability of AD 2000-13-02. The purpose of this AD is to expand the 
applicability of AD 2000-13-02 and require the currently required 
actions for the additional airplanes specified in paragraphs (d), (e), 
and (f) of this AD. Because the additional airplanes were not included 
in the applicability of AD 2000-13-02, they cannot be automatically 
included in paragraphs (a), (b), and (c) of this AD. (Adding new 
airplanes to the existing requirements would result in those airplanes 
being out of compliance as of the effective date of this AD.) 
Paragraphs (d) and (e) will not be deleted from this final rule.

Changes to This Final Rule

    We have extended the compliance time in paragraphs (d) and (e) of 
this final rule. We have determined that these are non-emergency AFM 
revisions and that extending the compliance time for revising the AFM 
from 24 hours, as proposed, to 14 days will provide an acceptable level 
of safety.
    We have also revised the cost impact section of this final rule to 
delete the new cost estimate for the disconnection of switches that was 
included in the proposed AD. We have determined that this is an ``on-
condition'' action and that not all airplanes will be required to do 
this action.

Conclusion

    After careful review of the available data, including the comments 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule with the change described previously.

Change to Labor Rate Estimate

    After the proposed AD was issued, we reviewed the figures we use to 
calculate the labor rate to do the required actions. To account for 
various inflationary costs in the airline industry, we find it 
appropriate to increase the labor rate used in these calculations from 
$60 per work hour to $65 per work hour. The economic impact 
information, below, has been revised to reflect this increase in the 
specified hourly labor rate.

Cost Impact

    Approximately 365 Model EMB-135 and EMB-145 series airplanes of 
U.S. registry will be affected by this 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 $65 per work hour. Based on these figures, the cost 
impact of the currently required AFM revision is estimated to be $65 
per airplane.
    The disconnection of switches that is currently required by AD 
2000-13-02

[[Page 56678]]

takes approximately 1 work hour 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 disconnection of switches is 
estimated to be $65 per airplane.
    The new AFM revisions required by this new AD will take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the new AFM revisions of this AD on U.S. operators is 
estimated to be $23,725, or $65 per airplane.
    The new inspection required by this new AD will take approximately 
1 work hour per airplane to accomplish, at an average labor rate of $65 
per work hour. Based on these figures, the cost impact of the 
inspection on U.S. operators is estimated to be $23,725, or $65 per 
airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the 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 adopted herein will 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 final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
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), amendment 39-13797, to read as follows:

2004-19-03 Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-13797. 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.
    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

[[Page 56679]]

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 14 days after the 
effective date of this AD, revise the Limitations Section of the AFM 
to include statements approved by the Manager, International Branch, 
ANM-116, Transport Airplane Directorate, FAA (Revision 56 to the 
EMBRAER EMB-145 AFM is one approved source of statements); or 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 14 days after the 
effective date of this AD, replace the existing ``ENGINE AIRSTART'' 
procedure in the Abnormal Procedures Section of the AFM with 
statements approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate (Revision 56 to the EMBRAER EMB-145 
AFM is one approved source of statements); or 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.

    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, Transport Airplane Directorate, is authorized to 
approve alternative methods of compliance for this AD.

Incorporation by Reference

    (i) Unless otherwise specified in this AD, the actions shall be 
done in accordance with EMBRAER Alert Service Bulletin 145-36-A018, 
dated April 14, 2000; and EMBRAER Alert Service Bulletin 145-36-
A018, Change 01, dated October 20, 2000; as applicable.
    (1) The incorporation by reference of EMBRAER Alert Service 
Bulletin 145-36-A018, Change 01, dated October 20, 2000; is approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51.
    (2) The incorporation by reference of EMBRAER Alert Service 
Bulletin 145-36-A018, dated April 14, 2000; was approved previously 
by the Director of the Federal Register as of July 3, 2000 (65 FR 
39541, June 27, 2000).
    (3) Copies may be obtained from Empresa Brasileira de 
Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos 
Campos--SP, Brazil. Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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

Effective Date

    (j) This amendment becomes effective on October 27, 2004.

    Issued in Renton, Washington, on September 9, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-21050 Filed 9-21-04; 8:45 am]
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