[Federal Register Volume 76, Number 202 (Wednesday, October 19, 2011)]
[Rules and Regulations]
[Pages 64785-64788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26718]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39s

[Docket No. FAA-2011-0312; Directorate Identifier 2010-NM-159-AD; 
Amendment 39-16838; AD 2011-21-15]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-
145, -145ER, -145MR, -145LR, -145MP, and -145EP airplanes. This AD 
results from mandatory continuing airworthiness information (MCAI) 
originated by an aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The MCAI describes 
the unsafe condition as:

    This [Brazilian] AD results from reports of cracking in the 
firewall of the auxiliary power unit (APU). This AD is being issued 
to detect and correct this cracking, which could result in reduced 
structural integrity of the fuselage and empennage in the event that 
a fire penetrates through the firewall of the APU.
* * * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective November 23, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 23, 
2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on April 19, 2011 (76 
FR 21822). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    This [Brazilian] AD results from reports of cracking in the 
firewall of the auxiliary power unit (APU). This AD is being issued 
to detect and correct this cracking, which could result in reduced 
structural integrity of the fuselage and empennage in the event that 
a fire penetrates through the firewall of the APU.
* * * * *

The required actions include repetitive detailed inspections for 
cracking of the rearward and forward face of the APU firewall, and 
repair if necessary. You may obtain further information by examining 
the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Reference Latest Revision of Embraer Service Bulletin 145-
53-0062

    EMBRAER and ExpressJet Airlines requested that we reference EMBRAER 
Service Bulletin 145-53-0062, Revision 07, dated May 27, 2011, in the 
NPRM (76 FR 21822, April 19, 2011) as it is the most current.
    We agree that the latest service information should be referenced 
in this AD. We have changed references in paragraphs (h) and (l) of 
this AD to include EMBRAER Service Bulletin 145-53-0062, Revision 07, 
dated May 27, 2011. The effectivity of Revision 07 was changed to add 
serial numbers that were inadvertently omitted in EMBRAER Service 
Bulletin 145-53-0062, Revision 06, dated August 11, 2010. (The 
applicability of this final rule remains unchanged.) In addition, we 
have added EMBRAER Service Bulletin 145-53-0062, Revision 06, dated 
August 11, 2010, to ``Table 1--Credit Service Bulletins'' of this AD.

Request To Remove Date and Revision Level of the Airplane Maintenance 
Manual (AMM) or Allow for Later Revisions

    American Eagle Airlines requested that we remove the date and 
revision level of the AMM specified in paragraph (g) of the NPRM (76 FR 
21822, April 19, 2011), or allow for future revisions to the AMM. The 
commenter noted that if either of the AMM sections is updated by the 
manufacturer, the operators would be required to accomplish an obsolete 
task.
    We disagree with removing the date and revision level of the AMM 
because all documents incorporated by reference are required to have 
the date and revision level in accordance with the Office of the 
Federal Register regulations for approval of materials ``incorporated 
by reference'' in rules. See 1 CFR 51.1(f). We also disagree with 
allowing the use of ``future'' revisions to the AMM. When referring to 
a specific service document in an AD, using the phrase, ``or later FAA-
approved revisions,'' violates Office of the Federal Register 
regulations for approval of materials ``incorporated by reference'' in 
rules. See 1 CFR 51.1(f). In general terms, we are required by these 
OFR regulations to either publish the service document contents as part 
of the actual AD language; or submit the service document to the OFR 
for approval as ``referenced'' material, in which case we may only 
refer to such material in the text of an AD. The AD may refer to the 
service document only if the OFR approved it for ``incorporation by 
reference.'' See 1 CFR part 51.
    However, because a later revision of the AMM has been issued since 
the NPRM (76 FR 21822, April 19, 2011) was published, we have revised 
paragraphs (g) and (l), and Note 2 of this AD to refer to EMBRAER 
EMB145 Aircraft Maintenance Manual, Part II, AMM-145/1124, Revision 54, 
dated April 28, 2011. We have also added new paragraph (i) (and re-
identified subsequent paragraphs accordingly) to this AD to give credit 
for EMBRAER EMB145 Aircraft Maintenance Manual, Part II, AMM-145/1124, 
Revision 53, dated October 28, 2010, which was referenced as the 
appropriate source of service information for certain actions specified 
in the NPRM. However, operators may request approval of an AMOC to use 
later revisions of this AMM under the provisions of paragraph (k) of 
this AD. No changes have been made to the AD in this regard.

[[Page 64786]]

Request To Change the Initial Compliance Time

    ExpressJet Airlines requested that we change the initial compliance 
time from 3,300 flight hours to ``5,000 flight hours or at the next 
heavy maintenance visit.'' The commenter stated that its experience 
with repairing and replacing APU firewalls can be a very time consuming 
process which would be better suited for a heavy check.
    We disagree with the commenter's request to extend the compliance 
time. In developing an appropriate compliance time for this action, we 
considered the safety implications, parts availability, and normal 
maintenance schedules for the timely accomplishment of the inspection. 
In consideration of these items, as well as the reports of cracking in 
the firewall of the APU, we have determined that the initial compliance 
time of 3,300 flight hours will ensure an acceptable level of safety. 
However, operators may request approval of an AMOC under the provisions 
of paragraph (k) of this AD. No changes have been made to the AD in 
this regard.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 668 products of U.S. registry. 
We also estimate that it will take about 2 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $113,560, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 10 work-hours and require parts costing $10,060 for a cost 
of $10,910 per product. We have no way of determining the number of 
products that may need these actions.

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 determined that this AD will not have federalism implications 
under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify this AD:
    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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM (76 FR 21822, April 19, 
2011), the regulatory evaluation, any comments received, and other 
information. The street address for the Docket Operations office 
(telephone (800) 647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new AD:

2011-21-15 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16838. Docket No. FAA-2011-0312; Directorate Identifier 
2010-NM-159-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
23, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and 
Model EMB-145, -145ER, -145MR, -145LR, -145MP, and -145EP airplanes; 
certificated in any category; equipped with titanium auxiliary power 
unit (APU) firewall part number (P/N) 145-47494-401, 145-26850-401, 
145-26850-601, or 145-47494-403.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    This [Brazilian] AD results from reports of cracking in the 
firewall of the auxiliary power unit (APU). This AD is being issued 
to detect and correct this cracking, which could result in reduced 
structural integrity of the fuselage and empennage in the event that 
a fire penetrates through the firewall of the APU.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within

[[Page 64787]]

the compliance times specified, unless the actions have already been 
done.

Actions

    (g) Within 3,300 flight hours after the effective date of this 
AD, do a detailed inspection for cracking of the rearward and 
forward face of the APU firewall, including its attachment to the 
fuselage, removing neither the structural reinforcements nor the 
dampers, in accordance with Task 05-20-47-200-801-A, Rear Fuselage 
II--Aft of Rear Pressure Bulkhead--Internal General Visual 
Inspection, of Subject 5-20-47, Rear Fuselage II--Aft of Rear 
Pressure Bulkhead--Internal, and Task 05-20-57-200-801-A, Rear 
Fuselage II--Tail Cone Fairing--Internal General Visual Inspection, 
of Subject 5-20-57, Rear Fuselage II--Tail Cone Fairing--Internal, 
of Chapter 5, Time Limits Maintenance Checks, of EMBRAER EMB145 
Aircraft Maintenance Manual, Part II, AMM-145/1124, Revision 54, 
dated April 28, 2011.
    (1) If no cracking is found during any inspection required by 
paragraph (g) of this AD, repeat the inspection thereafter at 
intervals not to exceed 6,600 flight hours, until the terminating 
action specified in paragraph (h) of this AD has been accomplished.
    (2) If any cracking is found during any inspection required by 
paragraph (g) of this AD, before further flight, repair in 
accordance with Subject 53-32-13, Rear Fuselage II--APU Firewall, of 
Chapter 53, Fuselage, of the EMBRAER EMB135, ERJ140, EMB145, 
Structural Repair Manual, SRM-145/1142, Revision 43, dated December 
1, 2010; or in accordance with a method approved by the 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) (or 
its delegated agent). Within 6,600 flight hours after doing the 
repair, do the inspection required by paragraph (g) of this AD and 
repeat the inspection thereafter at intervals not to exceed 6,600 
flight hours, until the terminating action specified in paragraph 
(h) of this AD has been accomplished.

    Note 1:  For the purpose of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation or 
assembly to detect damage, failure or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirrors, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate access procedures may be required.''

Optional Terminating Action

    (h) Replacing the APU firewall having P/N 145-47494-401, 145-
26850-401, 145-26850-601, or 145-47494-403, with a new APU firewall 
having P/N 145-47494-607, in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-53-0062, Revision 07, 
dated May 27, 2011, terminates the repetitive inspections required 
by paragraphs (g)(1) and (g)(2) of this AD.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (i) Actions done before the effective date of this AD, in 
accordance with Task 05-20-47-200-801-A, Rear Fuselage II--Aft of 
Rear Pressure Bulkhead--Internal General Visual Inspection, of 
Subject 5-20-47, Rear Fuselage II--Aft of Rear Pressure Bulkhead--
Internal, of Chapter 5, Time Limits Maintenance Checks, of EMBRAER 
EMB145 Aircraft Maintenance Manual, Part II, AMM-145/1124, Revision 
53, dated October 28, 2010, are acceptable for compliance with the 
requirements of paragraph (g) of this AD.
    (j) Actions done before the effective date of this AD, in 
accordance with the applicable service bulletin specified in table 1 
of this AD, are acceptable for compliance with the requirements of 
paragraph (h) of this AD.

                                        Table 1--Credit Service Bulletins
----------------------------------------------------------------------------------------------------------------
          EMBRAER Service Bulletin--             Revision--                         Dated--
----------------------------------------------------------------------------------------------------------------
145-53-0062..................................              06  August 11, 2010.
145-53-0062..................................              05  May 20, 2008.
145-53-0062..................................              04  November 23, 2007.
145-53-0062..................................              03  September 21, 2007.
145-53-0062..................................              02  January 25, 2006.
145-53-0062..................................              01  October 28, 2005.
145-53-0062..................................  ..............  July 29, 2005.
----------------------------------------------------------------------------------------------------------------

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service 
information as follows:
    (1) The MCAI AD does not specify how to do the inspection for 
cracking. This AD requires doing a detailed inspection of the 
rearward and forward face of the APU firewall, including its 
attachment to the fuselage, in accordance with Task 05-20-47-200-
801-A, Rear Fuselage II--Aft of Rear Pressure Bulkhead--Internal 
General Visual Inspection, of Subject 5-20-47, Rear Fuselage II--Aft 
of Rear Pressure Bulkhead--Internal, and Task 05-20-57-200-801-A, 
Rear Fuselage II--Tail Cone Fairing--Internal General Visual 
Inspection, of Subject 5-20-57, Rear Fuselage II--Tail Cone 
Fairing--Internal, of Chapter 5, Time Limits Maintenance Checks, of 
EMBRAER EMB145 Aircraft Maintenance Manual, Part II, AMM-145/1124, 
Revision 54, dated April 28, 2011.
    (2) Where Subjects 5-20-47, Rear Fuselage II--Aft of Rear 
Pressure Bulkhead--Internal, and 5-20-57, Rear Fuselage II--Tail 
Cone Fairing--Internal, of Chapter 5, Time Limits Maintenance 
Checks, of EMBRAER EMB145 Aircraft Maintenance Manual, Part II, AMM-
145/1124, Revision 54, dated April 28, 2011, specify an internal 
general visual inspection, this AD requires a detailed inspection.

Other FAA AD Provisions

    (k) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149. 
Information may be e-mailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
office. The AMOC approval letter must specifically reference this 
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

Related Information

    (l) Refer to MCAI ANAC Airworthiness Directive 2010-06-03R1, 
dated September 20, 2010; EMBRAER Service Bulletin 145-53-0062, 
Revision 07, dated May 27, 2011; Task 05-20-47-200-801-A, Rear 
Fuselage II--Aft of Rear Pressure Bulkhead--Internal General Visual 
Inspection, of Subject 5-20-47, Rear Fuselage II--Aft of Rear 
Pressure Bulkhead--Internal, and Task 05-20-57-200-801-A, Rear 
Fuselage II--Tail Cone Fairing--Internal General Visual Inspection, 
of Subject 5-20-57, Rear Fuselage II--Tail Cone Fairing--Internal, 
of Chapter 5, Time Limits Maintenance Checks, of EMBRAER EMB145 
Aircraft Maintenance Manual, Part II, AMM-145/1124, Revision 54, 
dated April 28, 2011; and Subject 53-32-13, Rear

[[Page 64788]]

Fuselage II--APU Firewall, of Chapter 53, Fuselage, of the EMBRAER 
EMB135, ERJ140, EMB145, Structural Repair Manual, SRM-145/1142, 
Revision 43, dated December 1, 2010; for related information.

Material Incorporated by Reference

    (m) You must use Task 05-20-47-200-801-A, Rear Fuselage II--Aft 
of Rear Pressure Bulkhead--Internal General Visual Inspection, of 
Subject 5-20-47, Rear Fuselage II--Aft of Rear Pressure Bulkhead--
Internal, and Task 05-20-57-200-801-A, Rear Fuselage II--Tail Cone 
Fairing--Internal General Visual Inspection, of Subject 5-20-57, 
Rear Fuselage II--Tail Cone Fairing--Internal, of Chapter 5, Time 
Limits Maintenance Checks, of EMBRAER EMB145 Aircraft Maintenance 
Manual, Part II, AMM-145/1124, Revision 54, dated April 28, 2011; 
and Subject 53-32-13, Rear Fuselage II--APU Firewall, of Chapter 53, 
Fuselage, of the EMBRAER EMB135, ERJ140, EMB145, Structural Repair 
Manual, SRM-145/1142, Revision 43, dated December 1, 2010; to do the 
actions required by this AD, unless the AD specifies otherwise. If 
you accomplish the optional terminating action specified in this AD, 
you must use EMBRAER Service Bulletin 145-53-0062, Revision 07, 
dated May 27, 2011, to do those actions, unless the AD specifies 
otherwise. The revision level of the EMBRAER EMB145 Aircraft 
Maintenance Manual AMM-145/1124 is specified on only the title page 
and Chapter 5 List of Effective Pages of this document; the Chapter 
5 title page of this document does not contain a revision level or 
date. The revision level of the EMBRAER EMB135, ERJ140, EMB145, 
Structural Repair Manual SRM-145/1142 is specified on only the title 
page and Chapter 53 List of Effective pages of this document; the 
Chapter 53 title page does not contain a revision level or date.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone 
+55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; e-mail 
[email protected]; Internet: http://www.flyembraer.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the service information that 
is incorporated by reference 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.

    Issued in Renton, Washington, on October 3, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-26718 Filed 10-18-11; 8:45 am]
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