[Federal Register Volume 70, Number 61 (Thursday, March 31, 2005)]
[Proposed Rules]
[Pages 16447-16449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6348]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20733; Directorate Identifier 2005-NM-004-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 adopt a new airworthiness directive (AD) 
for all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 
and -145 series airplanes. This proposed AD would require inspecting to 
determine the part number of the left and right engine fire handles; 
and replacing the engine fire handles with engine fire handles having 
different part numbers if necessary. This proposed AD is prompted by 
cases of the internal circuit of the engine fire handle failing. We are 
proposing this AD to prevent failure of the internal circuit of the 
engine fire handle that could disable the fuel shut-off valves and the 
discharge of the fire extinguishing agent, which, in the event of a 
fire, could result in the inability to extinguish a fire.

DATES: We must receive comments on this proposed AD by May 2, 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.
     By 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-2005-20733; the directorate identifier for this docket is 
2005-NM-004-AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; 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-2005-20733; 
Directorate Identifier 2005-NM-004-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 submitted 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 website, 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.

[[Page 16448]]

Discussion

    The Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified us that an unsafe condition may exist on 
all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and 
-145 series airplanes. The DAC advises that cases of the internal 
circuit of the engine fire handle failing have been found. Failure of 
the internal circuit of the engine fire handle could disable the fuel 
shut-off valves and the discharge of the fire extinguishing agent. In 
the event of a fire, this condition, if not corrected, could result in 
the inability to extinguish a fire.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145-26-0012 (for Model EMB-135 
and EMB-145 series airplanes, except for EMB-135BJ series airplanes) 
and Service Bulletin 145LEG-26-0003 (for Model EMB-135BJ series 
airplanes), both Revision 01, both dated January 6, 2005. The service 
bulletins describe procedures for inspecting to determine the part 
number of the left and right engine fire handles; and replacing the 
engine fire handles with engine fire handles having different part 
numbers if necessary. Accomplishing the actions specified in the 
service information is intended to adequately address the unsafe 
condition. The DAC mandated the service information and issued 
Brazilian airworthiness directive 2004-10-01, dated October 30, 2004, 
to ensure the continued airworthiness of these airplanes in Brazil.

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 we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Difference Between 
the Proposed AD and Brazilian Airworthiness Directive.''

Difference Between Proposed Rule and Brazilian Airworthiness Directive

    Brazilian airworthiness directive 2004-10-01, dated October 30, 
2004, is applicable to ``all EMB-145 and EMB-135 aircraft models in 
operation.'' However, this does not agree with EMBRAER Service Bulletin 
145-26-0012 and Service Bulletin 145LEG-29-0003, both Revision 01, both 
dated January 6, 2004, which state that only certain EMB-145 and EMB-
135 airplanes are affected and identify them by serial number. This 
proposed AD would be applicable only to the airplanes listed in the 
service bulletins. This difference has been coordinated with the DAC.

Costs of Compliance

    This proposed AD would affect about 616 airplanes of U.S. registry. 
The proposed actions would take about 2 work hours per airplane, at an 
average labor rate of $65 per work hour. Based on these figures, the 
estimated cost of the proposed AD for U.S. operators is $80,080, or 
$130 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. 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.
    We are issuing this rulemaking 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 
rulemaking action.

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 adding the following new 
airworthiness directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-20733; Directorate Identifier 2005-NM-004-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by May 2, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135 and -145 series 
airplanes, certificated in any category; as identified in EMBRAER 
Service Bulletin 145-26-0012, Revision 01, dated January 6, 2005; 
and EMBRAER Service Bulletin 145LEG-26-0003, Revision 01, dated 
January 6, 2005.

Unsafe Condition

    (d) This AD was prompted by cases of the internal circuit of the 
engine fire handle failing. We are issuing this AD to prevent 
failure of the internal circuit of the engine fire handle that could 
disable the fuel shut-off valves and the discharge of the fire 
extinguishing agent, which, in the event of a fire, could result in 
the inability to extinguish a fire.

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.

[[Page 16449]]

Inspection

    (f) Within 1,000 flight hours or 180 days after the effective 
date of this AD, whichever is first: Inspect to determine the part 
number (P/N) of the left and right engine fire handles, in 
accordance with the Accomplishment Instructions of EMBRAER Service 
Bulletin 145-26-0012 (for Model EMB-135 and EMB-145 series 
airplanes, except for EMB-135BJ series airplanes), Revision 01, 
dated January 6, 2005; or EMBRAER Service Bulletin 145LEG-26-0003 
(for Model EMB-135BJ series airplanes), Revision 01, dated January 
6, 2005; as applicable. Instead of inspecting the left and right 
engine fire handles, a review of airplane maintenance records is 
acceptable if the P/Ns of the left and right engine fire handles can 
be determined conclusively from that review. If left and right 
engine fire handles, P/Ns 1-7054-1 and 2-7054-1, respectively, are 
found installed on the airplane, then no further action is required 
by this paragraph. If any engine fire handle having P/N 1-7054-2 or 
2-7054-2 is found installed on the airplane, before further flight, 
replace the engine fire handle with an engine fire handle having P/N 
1-7054-1 or 2-7054-1, as applicable, in accordance with the service 
bulletin.

Parts Installation

    (g) As of the effective date of this AD, no person may install 
left or right engine fire handles, P/Ns 1-7054-2 and 2-7054-2, on 
any airplane.

Credit for Previous Service Bulletin

    (h) Actions done before the effective date of this AD in 
accordance with EMBRAER Service Bulletin 145-26-0012, dated October 
6, 2004; or EMBRAER Service Bulletin 145LEG-26-0003, dated October 
6, 2004; as applicable; are acceptable for compliance with the 
requirements of paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i) 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.

Related Information

    (j) Brazilian airworthiness directive 2004-10-01, dated October 
30, 2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on March 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6348 Filed 3-30-05; 8:45 am]
BILLING CODE 4910-13-P