[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Proposed Rules]
[Pages 2057-2060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-539]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20011; Directorate Identifier 2003-NM-22-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and -145 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain EMBRAER Model EMB-135 and -145 
series airplanes. The existing AD currently requires revising the 
airplane flight manual (AFM) to prohibit in-flight auxiliary power unit 
(APU) starts, and installing a placard on or near the APU start/stop 
switch panel to provide such instructions to the flightcrew. This 
proposed AD would add an optional revision to the AFM that allows 
limited APU starts and would add a terminating action. This proposed AD 
is prompted by the airplane manufacturer developing modifications that 
revise or eliminate the need for restrictions to in-flight APU starts. 
We are proposing this AD to prevent flame backflow into the APU 
compartment through the eductor during in-flight APU starts, which 
could result in fire in the APU compartment.

DATES: We must receive comments on this proposed AD by February 11, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343-CEP 
12.225, Sao Jose dos Campos--SP, Brazil.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20011; the directorate identifier for this docket is 
2003-NM-22-AD.

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

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20011; 
Directorate Identifier 2003-NM-22-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    On May 7, 2001, we issued AD 2001-10-01, amendment 39-12226 (66 FR 
24049, May 11, 2001), for certain EMBRAER Model EMB-135 and EMB-145 
series airplanes. That AD requires revising the FAA-approved Airplane 
Flight Manual (AFM) to prohibit in-flight auxiliary power unit (APU) 
starts, and installing a placard on or near the APU start/stop switch 
panel to provide such instructions to the flight crew. That AD was 
prompted by reports that two APU fire alarms were triggered during in-
flight APU starts. We issued that AD to prevent flame backflow into the 
APU compartment through the eductor during in-flight APU starts, which 
could result in fire in the APU compartment.

Actions Since Existing AD Was Issued

    Since we issued AD 2001-10-01, the airplane manufacturer has 
developed modifications specified in several service bulletins that 
allow for a change to restrictions placed on in-flight APU starts as 
well as the elimination of the need for restrictions placed on in-
flight APU starts. We have determined that these modifications address 
the identified unsafe condition and enable operators to do in-flight 
APU starts.
    Also, the preamble to AD 2001-10-01 explains that we considered the 
requirements of that AD ``interim action'' and were considering further 
rulemaking. We now have determined that further rulemaking is indeed 
necessary, and this proposed AD follows from that determination.

Relevant Service Information

    EMBRAER has issued the following service bulletins:
     EMBRAER Alert Service Bulletin 145-49-A017, dated April 
12, 2001, which describes procedures for installing a placard in the 
pedestal panel.
     EMBRAER Service Bulletin 145-49-0017, Change 01, dated 
June 7, 2001, which describes procedures for measuring the gap between 
the APU and the APU exhaust silencer, installing a flush-type APU air 
inlet, part number (P/N) 120-45060-001, installing a

[[Page 2058]]

placard, and contacting the manufacturer if measurements are not within 
the limits specified in the service bulletin. The service bulletin also 
specifies prior to or concurrent accomplishment of EMBRAER Service 
Bulletin 145-49-0009.
     EMBRAER Service Bulletin 145-49-0018, Change 03, dated 
January 3, 2002, which describes procedures for measuring the gap 
between the APU and the APU exhaust silencer, installing a flush-type 
APU air inlet, P/N 145-48999-401, removing a placard, reidentifying the 
APU cowling, and contacting the manufacturer if measurements are not 
within the limits specified in the service bulletin. The service 
bulletin also specifies prior to or concurrent accomplishment of 
EMBRAER Service Bulletin 145-49-0009.
     EMBRAER Service Bulletin 145-49-0009, Change 07, dated 
September 1, 2002, which describes procedures for installing an APU 
silencer.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The Departmento de 
Aviacao Civil (DAC) issued Brazilian airworthiness directive 2001-04-
02R2, dated June 29, 2001, to ensure the continued airworthiness of 
these airplanes in Brazil. The Brazilian airworthiness directive 
references procedures specified in the service information.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined the DAC's findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for airplanes of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would supersede AD 2001-
10-01. This proposed AD would retain the actions required in AD 2001-
10-01. The proposed AD would also require accomplishing the actions 
specified in the service bulletins described previously, as applicable, 
except as discussed under ``Difference Between the Proposed AD and 
Service Bulletins.''

Difference Between Proposed AD and Service Bulletins

    EMBRAER Service Bulletin 145-49-0017, Change 01, dated June 7, 
2001; and EMBRAER Service Bulletin 145-49-0018, Change 03, dated 
January 3, 2002; specify that you may contact the manufacturer for 
instructions on how to repair certain conditions, but this proposed AD 
would require you to repair those conditions using a method that we or 
the DAC (or its delegated agent) approve. In light of the type of 
repair that would be required to address the unsafe condition, and 
consistent with existing bilateral airworthiness agreements, we have 
determined that, for this proposed AD, a repair we or the DAC approve 
would be acceptable for compliance with this proposed AD.

Differences Between Proposed AD and Foreign AD

    Operators should note the following differences between the 
proposed AD and Brazilian airworthiness directive 2001-04-02R2, dated 
June 29, 2001:
    The Brazilian airworthiness directive references EMBRAER Service 
Bulletin 145-49-0009, Revision 03, dated May 15, 2001, for 
accomplishing the optional terminating action. This proposed AD 
specifies that terminating action be done within 8,000 flight hours 
after the effective date of the AD in accordance with EMBRAER Service 
Bulletin 145-49-0009, Change 07, dated September 1, 2002. We have not 
given credit for actions done with previous issues of the service 
bulletin because there is additional work needed in Change 07 of the 
service bulletin. Mandating the terminating action is based on our 
determination that, in this case, long-term continued operational 
safety would be better ensured by a modification to remove the source 
of the problem, rather than by revising flight procedures. While 
revising flight procedures ensures that the flightcrew is informed that 
an unsafe condition may exist, it does not remove the source of that 
unsafe condition. Human factors (e.g., variations in flightcrew 
training and familiarity with the airplane, flightcrew awareness in the 
presence of other hazards, and flightcrew fatigue) may allow an 
inadvertent APU start and result in the unsafe condition. Thus, 
revisions to flight procedures are not considered adequate to provide 
the degree of safety assurance necessary for the transport airplane 
fleet. Consideration of these factors has led the FAA to mandate the 
terminating action.
    The Brazilian airworthiness directive also references EMBRAER 
Service Bulletin 145-49-0018, original issue, or further revisions, for 
accomplishing the optional terminating action. This proposed AD 
specifies the terminating action also be done in accordance with 
EMBRAER Service Bulletin 145-49-0018, Change 03, dated January 3, 2002. 
We have not given credit for actions done with previous issues of the 
service bulletin because there is additional work needed in Change 03 
of the service bulletin.
    These differences have been coordinated with the Brazilian 
airworthiness authority.

Clarification of Applicability

    AD 2001-10-01 has an applicability that specifies `` * * * with 
Hamilton Sundstrand Power Systems auxiliary power unit (APU) model T-
62T-40C14 (APS 500R).'' This proposed AD has an applicability that 
specifies `` * * * with Hamilton Sundstrand auxiliary power unit (APU) 
model T-62T-40C14 (APU 500R).'' The ``S'' in APS 500R of the 
applicability of AD 2001-10-01 is a typographical error; APU 500R is 
the correct nomenclature. We also revised the nomenclature of the APU 
manufacturer from Hamilton Sundstrand Power Systems to Hamilton 
Sundstrand, which matches the nomenclature specified in the Brazilian 
airworthiness directive.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2001-10-01. 
Since AD 2001-10-01 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
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                                             Corresponding  requirement
       Requirement in AD 2001-10-01             in this  proposed AD
------------------------------------------------------------------------
Paragraph (a).............................  Paragraph (f)
------------------------------------------------------------------------

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

[[Page 2059]]



                                                                     Estimated Costs
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                                                                                                                                Number of
                                          Work     Average                                                                        U.S.-
                 Action                   hours   labor rate            Parts                     Cost per airplane             registered   Fleet cost
                                                   per hour                                                                     airplanes
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Installation of placard (required by AD       1          $65  None                      $65                                            290       $18,850
 2001-10-01).
Terminating action (new proposed              4           65  $1,514                    1,774                                          290       514,460
 action).
Concurrent action (new proposed action)       6           65  38,500                    38,890                                         290    11,278,100
Optional installation of APU air inlet        2           65  397                       527                                            290         (\1\)
 and placard (new proposed optional
 action).
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1 Depends on  of airplanes on which installation is done.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
proposed AD.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing amendment 39-12226 (66 FR 
24049, May 11, 2001) and adding the following new airworthiness 
directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-20011; Directorate Identifier 2003-NM-22-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by February 11, 2005.

Affected ADs

    (b) This AD supersedes AD 2001-10-01, amendment 39-12226 (66 FR 
24049, May 11, 2001).

Applicability

    (c) This AD applies to EMBRAER Model EMB-135 and -145 series 
airplanes, certificated in any category, equipped with Hamilton 
Sundstrand auxiliary power unit (APU) model T-62T-40C14 (APU 500R).

Unsafe Condition

    (d) This AD was prompted by the airplane manufacturer developing 
modifications that revise or eliminate the need for restrictions to 
in-flight APU starts. We are issuing this AD to prevent flame 
backflow into the APU compartment through the eductor during in-
flight APU starts, which could result in fire in the APU 
compartment.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Requirements of AD 2001-10-01, Amendment 39-12226 and New Note

Airplane Flight Manual (AFM) Revision

    (f) Within 25 flight hours or 10 days after May 29, 2001 (the 
effective date of AD 2001-10-01), whichever occurs first, accomplish 
the actions required by paragraphs (f)(1) and (f)(2) of this AD.
    (1) Install a placard on or near the APU start/stop switch panel 
that reads:

``CAUTION: IN-FLIGHT APU STARTS ARE PROHIBITED''

    Note 1: Installing a placard in accordance with EMBRAER Alert 
Service Bulletin 145-49-A017, dated April 12, 2001, is acceptable 
for compliance with the action required by paragraph (f)(1) of this 
AD.
    (2) Revise the Limitations section of the AFM to include the 
information on the placard, as specified in paragraph (f)(1) of this 
AD, and to limit APU starts to ground conditions only. This may be 
accomplished by inserting a copy of this AD in the AFM.


    Note 2: Because APU starts are prohibited in flight when an 
engine-driven generator is inoperative, the APU must be started on 
the ground in order to dispatch, and the APU must be kept 
operational for the entire flight.

Terminating Requirements of This AD and Optional Action

Optional New Limitations for APU Starts

    (g) Doing the actions specified in paragraphs (g)(1) and (g)(2) 
of this AD in accordance with EMBRAER Service Bulletin 145-49-0017, 
Change 01, dated June 7, 2001, terminates the requirements of 
paragraph (f) of this AD.
    (1) Measure the gap between the APU and the APU exhaust 
silencer, install a flush-type APU air inlet, and install or 
replace, as applicable, the placard on or near the APU start/stop 
switch panel with a placard that reads:

``CAUTION: IN-FLIGHT APU STARTS ARE LIMITED TO FLIGHT ENVELOPE UP TO 
15KFT/320KIAS (NORMAL APU STARTS) OR 15KFT/200KIAS (BATTERY SUPPORT 
ONLY)''

    (2) Revise the Limitations section of the AFM to include the 
information on the placard specified in paragraph (g)(1) of this AD 
to limit APU starts. This may be accomplished by inserting a copy of 
this AD

[[Page 2060]]

in the AFM. Remove any existing copy of AD 2001-10-01 from the AFM.

Terminating Action for This AD

    (h) Within 8,000 flight hours after the effective date of this 
AD, measure the gap between the APU and the APU exhaust silencer, 
install a flush type APU air inlet, remove any placard on or near 
the APU start/stop switch panel that limits APU starts, and 
reidentify the APU cowling, in accordance with EMBRAER Service 
Bulletin 145-49-0018, Change 03, dated January 3, 2002, except as 
provided by paragraph (j) of this AD. Doing the actions in paragraph 
(h) of this AD terminates the requirements of paragraphs (f) and (g) 
of this AD and any copy of AD 2001-10-01 or this AD may be removed 
from the AFM.

Prior to or Concurrent Requirements

    (i) Prior to or concurrently with the actions specified in 
paragraphs (g) and (h) of this AD, install an APU silencer in 
accordance with EMBRAER Service Bulletin 145-49-0009, Change 07, 
dated September 1, 2002.

Contact the FAA or Departmento de Aviacao Civil (DAC)

    (j) If, during the actions required by paragraphs (g) and (h) of 
this AD, any measurement exceeds the limits specified in EMBRAER 
Service Bulletin 145-49-0017, Change 01, dated June 7, 2001; or 
EMBRAER Service Bulletin 145-49-0018, Change 03, dated January 3, 
2002; as applicable; and the service bulletin specifies to contact 
EMBRAER: Before further flight, repair per a method approved by 
either the Manager, International Branch, ANM-116, FAA, Transport 
Airplane Directorate; or the DAC (or its delegated agent).

Actions Accomplished According to Previous Issue of Service Bulletin

    (k) Actions accomplished before the effective date of this AD 
according to EMBRAER Service Bulletin 145-49-0017, dated May 15, 
2001, are considered acceptable for compliance with the 
corresponding actions specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) AMOCs approved previously in accordance with AD 2001-10-01, 
amendment 39-12226, are approved as AMOCs for the corresponding 
requirements in paragraph (f) of this AD.

Related Information

    (m) Brazilian airworthiness directive 2001-04-02R2, dated June 
29, 2001, also addresses the subject of this AD.

    Issued in Renton, Washington, on December 30, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-539 Filed 1-11-05; 8:45 am]
BILLING CODE 4910-13-U