[Federal Register Volume 69, Number 219 (Monday, November 15, 2004)]
[Rules and Regulations]
[Pages 65535-65537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24935]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-346-AD; Amendment 39-13864; AD 2004-23-09]
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: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain EMBRAER Model EMB-135 and -145 series 
airplanes, that currently requires determining whether a defective 
auxiliary power unit (APU) exhaust silencer is installed on the 
airplane; and corrective actions if necessary. For certain airplanes, 
this amendment requires modification of the APU exhaust silencer, and 
reidentification of the part number for the APU exhaust silencer once 
the modification is accomplished. For certain other airplanes, this 
amendment requires repetitive inspections to determine the structural 
integrity of the APU exhaust silencer; corrective actions, if 
necessary; eventual modification of the APU exhaust silencer, which 
terminates the repetitive inspections; and reidentification of the part 
number for the APU exhaust silencer once the modification is 
accomplished. This amendment also adds airplanes to the applicability 
of the existing AD. The actions specified by this AD are intended to 
prevent separation of the aft baffle assembly from the APU exhaust 
silencer and consequent separation of the assembly from the airplane, 
which could cause damage to other airplanes during takeoff and landing 
operations, or injury to people on the ground. This action is intended 
to address the identified unsafe condition.

DATES: Effective December 20, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 20, 2004.

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.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 2002-16-06, 
amendment 39-12845 (67 FR 52398, August 12, 2002), which is applicable 
to certain EMBRAER Model EMB-135 and -145 series airplanes, was 
published in the Federal Register on April 6, 2004 (69 FR 17993). For 
certain airplanes, the action proposed to require modification of the 
APU exhaust silencer, and reidentification of the part number for the 
APU exhaust silencer once the modification is accomplished. For certain 
other airplanes, the action proposed to require repetitive inspections 
to determine the structural integrity of the APU exhaust silencer; 
corrective actions, if necessary; eventual modification of the APU 
exhaust silencer, which terminates the repetitive inspections; and 
reidentification of the part number for the APU exhaust silencer once 
the modification is accomplished. That action also proposed to add 
airplanes to the applicability of the existing AD.

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 Accomplish Terminating Action Without First Doing the 
Inspections

    The commenter, an operator, requests that the proposed AD be 
revised to allow operators to ``bypass'' the inspections in Part I of 
the Accomplishment Instructions of EMBRAER Service Bulletin 145-49-
0021, Change 03, dated September 12, 2003, and do just the modification 
in Part II of the Accomplishment Instructions of that service bulletin. 
The modification is the terminating action

[[Page 65536]]

for the repetitive inspections in the proposed AD.
    We agree with the commenter's request to allow operators to do just 
the modification in Part II of the Accomplishment Instructions of 
EMBRAER Service Bulletin 145-49-0021, Change 03, instead of first doing 
the inspections in Part I of the Accomplishment Instructions. The 
purpose of this AD is to require operators to modify the auxiliary 
power unit (APU) exhaust silencer. The inspections specified in 
paragraphs (c) and (d) of the proposed AD are relieving actions that 
allow airplanes that do not have defective APU exhaust silencers to 
continue operating for a specified period of time before operators 
perform the terminating modification. The inspections are the means of 
determining whether an APU exhaust silencer is defective. We have 
revised paragraphs (c) and (d) of this AD to specify that operators 
that have done the terminating modification required by paragraph (e) 
of this AD do not have to do the inspections required by paragraphs (c) 
and (d).

Request for Credit for Accomplishment of Previous Revisions of Service 
Information

    The commenter requests that the proposed AD be revised to give 
credit for actions accomplished previously per the original issue of 
EMBRAER Service Bulletin 145-49-0021, dated July 11, 2002; or per 
Change 01 of that service bulletin, dated July 31, 2002.
    We agree with the commenter's request. We have determined that the 
Accomplishment Instructions are essentially the same in the original 
issue, Change 01, Change 02, and Change 03, of Service Bulletin 145-49-
0021. The primary difference between the change levels is the 
effectivity of the airplanes. We have revised paragraph (g) of this 
final rule to include the original issue and Change 01 of Service 
Bulletin 145-49-0021 as additional appropriate sources of service 
information.

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 changes previously described. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Cost Impact

    There are approximately 394 airplanes of U.S. registry that will be 
affected by this AD.
    The repetitive inspections specified in Part I of EMBRAER Service 
Bulletin 145-49-0021, Change 03, dated September 12, 2003; and EMBRAER 
Service Bulletin 145LEG-49-0001, Change 01, dated August 29, 2002; that 
are required by this 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 repetitive inspections 
on U.S. operators is estimated to be $65 per airplane, per inspection 
cycle.
    The modification, including the part number reidentification, 
specified in Part I of EMBRAER Service Bulletin 145-49-0021, Change 03; 
and EMBRAER Service Bulletin 145LEG-49-0001, Change 01; will take 
approximately 4 work hours per airplane to accomplish, at an average 
labor rate of $65 per work hour. Required parts will be supplied by the 
part manufacturer at no cost to operators. Based on these figures, the 
cost impact of the modification is estimated to be $102,440, or $260 
per airplane.
    The modification, including the part number reidentification, 
specified in Part II of EMBRAER Service Bulletin 145-49-0021, Change 
03, 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 modification is estimated to be $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 39-12845 (67 FR 
52398, August 12, 2002), and by adding a new airworthiness directive 
(AD), amendment 39-13864, to read as follows:

2004-23-09 Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-13864. Docket 2002-NM-346-AD. Supersedes AD 2002-16-06, 
amendment 39-12845.

    Applicability: Model EMB-135BJ series airplanes, as listed in 
EMBRAER Service Bulletin 145LEG-49-0001, Change 01, dated August 29, 
2002; and Model EMB-135 and -145 series airplanes, as listed in 
EMBRAER Service Bulletin 145-49-0021, Change 03, dated September 12, 
2003; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent separation of the aft baffle assembly from the APU 
exhaust silencer and consequent separation of the assembly from the 
airplane, which could cause damage to other airplanes during takeoff 
and landing operations, or injury to people on the ground, 
accomplish the following:

[[Page 65537]]

Modification

    (a) For airplanes that have incorporated EMBRAER Alert Service 
Bulletin 145-49-A021, Change 01, dated May 13, 2002: Within 1,500 
flight hours after the effective date of this AD, install a spacer 
and bolts (including torquing the bolts) in the APU exhaust silencer 
assembly per the Accomplishment Instructions of EMBRAER Service 
Bulletin 145LEG-49-0001, Change 01, dated August 29, 2002, (for 
Model EMB-135BJ series airplanes); or Part II of the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-49-0021, Change 03, 
dated September 12, 2003, (for Model EMB-135 and -145 series 
airplanes); as applicable.

Reidentification of Modified Part

    (b) For airplanes that have incorporated EMBRAER Alert Service 
Bulletin 145-49-A021, Change 01, dated May 13, 2002: After 
accomplishment of the modification required by paragraph (a) of this 
AD, before further flight, change the part number of the modified 
APU exhaust silencer assembly from 4503801B to 4503801C per the 
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-49-
0001, Change 01, dated August 29, 2002; or Part II of the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-49-0021, 
Change 03, dated September 12, 2003; as applicable.

Inspections

    (c) For airplanes that have not incorporated EMBRAER Alert 
Service Bulletin 145-49-A021, Change 01, dated May 13, 2002; or that 
have not accomplished the modification required by paragraph (e) of 
this AD: Within 500 flight hours or 3 months after the effective 
date of this AD, whichever is first, do a one-time general visual 
inspection of the APU exhaust silencer to determine if the aft 
baffle is flush with the end of the cylindrical portion, and an 
inspection of the movement of the cylindrical portion of the APU 
exhaust silencer shell assembly, per the Accomplishment Instructions 
of EMBRAER Service Bulletin 145LEG-49-0001, Change 01, dated August 
29, 2002; or Part I of the Accomplishment Instructions of EMBRAER 
Service Bulletin 145-49-0021, Change 03, dated September 12, 2003; 
as applicable.
    (1) If the APU exhaust silencer assembly passes the inspections: 
Do the actions in paragraph (d) of this AD.
    (2) If the APU exhaust silencer assembly does not pass one or 
both inspections: Before further flight, secure or remove the 
affected parts from the silencer, and placard the APU as 
``Inoperative'' per the Accomplishment Instructions of the 
applicable service bulletin. No further action is required unless 
the APU is reactivated. To reactivate the APU: Before further 
flight, do the actions required by paragraph (e) of this AD.

    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.''

Repetitive Inspections

    (d) For airplanes that have not incorporated EMBRAER Alert 
Service Bulletin 145-49-A021, Change 01, dated May 13, 2002; or that 
have not accomplished the modification required by paragraph (e) of 
this AD: After doing the inspections required by paragraph (c) of 
this AD, before further flight, do a mechanical integrity inspection 
of the APU exhaust silencer assembly per the Accomplishment 
Instructions of EMBRAER Service Bulletin 145LEG-49-0001, Change 01, 
dated August 29, 2002; or Part I of the Accomplishment Instructions 
of EMBRAER Service Bulletin 145-49-0021, Change 03, dated September 
12, 2003; as applicable.
    (1) If the APU exhaust silencer assembly passes the inspection 
required by paragraph (d) of this AD: Do the same steps for the 
mechanical integrity inspection required by paragraph (d) of this AD 
in a counter-clockwise direction, per the Accomplishment 
Instructions of the applicable service bulletin. Repeat the 
inspections required by paragraphs (d) and (d)(1) of this AD 
thereafter at intervals not to exceed 500 flight hours or 3 months, 
whichever is first. The inspections may be repeated up to two times 
before accomplishment of the requirements of paragraph (e) of this 
AD.
    (2) If the APU exhaust silencer assembly does not pass the 
inspection required by paragraph (d) of this AD: Before further 
flight, disassemble the APU exhaust silencer assembly or placard the 
APU as ``Inoperative'' per the Accomplishment Instructions of the 
applicable service bulletin. No further action is required unless 
the APU is reactivated. To reactivate the APU: Before further 
flight, do the actions required by paragraph (e) of this AD.

Modification/Terminating Action

    (e) For airplanes that have not incorporated EMBRAER Alert 
Service Bulletin 145-49-A021, Change 01, dated May 13, 2002: Within 
1,500 flight hours or 12 months after the effective date of this AD, 
whichever is first, except as provided by paragraphs (c)(2) and 
(d)(2) of this AD, do all of the applicable actions per the 
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-49-
0001, Change 01, dated August 29, 2002; or Part I of the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-49-0021, 
Change 03, dated September 12, 2003; as applicable. This constitutes 
terminating action for the repetitive inspections required by 
paragraph (d) of this AD.

Reidentification of Modified Part

    (f) For airplanes that have not incorporated EMBRAER Alert 
Service Bulletin 145-49-A021, Change 01, dated May 13, 2002: After 
accomplishment of the modification required by paragraph (e) of this 
AD, before further flight, change the part number of the modified 
APU exhaust silencer assembly from 4503801B to 4503801C per the 
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-49-
0001, Change 01, dated August 29, 2002; or Part I of the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-49-0021, 
Change 03, dated September 12, 2003; as applicable.

Actions Previously Accomplished

    (g) Accomplishment of the specified actions before the effective 
date of this AD per EMBRAER Service Bulletin 145-49-0021, dated July 
11, 2002; Change 01, dated July 31, 2002; or Change 02, dated 
November 12, 2002; is considered acceptable for compliance with the 
applicable requirements of paragraphs (a), (b), (c), (d), (e), and 
(f) of this AD.

Parts Installation

    (h) As of the effective date of this AD, no person may install 
on any airplane an APU exhaust silencer having P/N 4503801B.

Alternative Methods of Compliance

    (i) 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.

Incorporation by Reference

    (j) Unless otherwise specified in this AD, the actions must be 
done in accordance with EMBRAER Service Bulletin 145LEG-49-0001, 
Change 01, dated August 29, 2002; or EMBRAER Service Bulletin 145-
49-0021, Change 03, dated September 12, 2003; as applicable. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. 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 2002-05-01R2, dated January 6, 2003.

Effective Date

    (k) This amendment becomes effective on December 20, 2004.

    Issued in Renton, Washington, on November 1, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-24935 Filed 11-12-04; 8:45 am]
BILLING CODE 4910-13-P