[Federal Register Volume 76, Number 75 (Tuesday, April 19, 2011)]
[Proposed Rules]
[Pages 21822-21825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9409]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0312; Directorate Identifier 2010-NM-159-AD]
RIN 2120-AA64


Airworthiness Directives; 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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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

[[Page 21823]]

a fire penetrates through the firewall of the APU.
* * * * *
The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by June 3, 2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., 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), 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 
<a href="/cdn-cgi/l/email-protection#ddb9b4aea9afb4bf9db8b0bfafbcb8aff3beb2b0f3bfaf"><span class="__cf_email__" data-cfemail="ea8e83999e988388aa8f8788988b8f98c4898587c48898">[email protected]</span></a>; Internet: http://www.flyembraer.com. You may 
review copies of the referenced 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.

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 this proposed AD, 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.

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: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0312; 
Directorate Identifier 2010-NM-159-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2010-06-03R1, dated September 20, 2010 
(referred to after this as ``the MCAI''), 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.

Relevant Service Information

    Embraer has issued Service Bulletin 145-53-0062, Revision 06, dated 
August 11, 2010; Subjects 5-20-47 and 5-20-57 of Chapter 5 of the 
EMBRAER EMB145 Aircraft Maintenance Manual, Part II, AMM-145/1124, 
Revision 53, dated October 28, 2010; and Chapter 53-32-13, Rear 
Fuselage II--APU Firewall--Repairs, of the EMBRAER EMB135, ERJ140, 
EMB145, Structural Repair Manual SRM-145/1142, Revision 43, dated 
December 1, 2010. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 668 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on 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

[[Page 21824]]

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 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 this 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 and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 AD:

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

Comments Due Date

    (a) We must receive comments by June 3, 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 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 (aft of rear 
pressure bulkhead) and Task 05-20-57-200-801-A (tail cone fairing) 
of Chapter 5 of EMBRAER EMB145 Aircraft Maintenance Manual, Part II, 
AMM-145/1124, Revision 53, dated October 28, 2010.
    (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 Chapter 53-32-13, Rear Fuselage II--APU Firewall--
Repairs, 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 FAA, International Branch, 
ANM-116, 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 06, 
dated August 11, 2010, terminates the repetitive inspections 
required in 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 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.........................  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.........................  Original............................  July 29, 2005.
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[[Page 21825]]

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 (aft of rear pressure bulkhead) and Task 05-20-57-200-801-A 
(tail cone fairing) of Chapter 5 of EMBRAER EMB145 Aircraft 
Maintenance Manual, Part II, AMM-145/1124, Revision 53, dated 
October 28, 2010.
    (2) Where Subjects 5-20-47 and 5-20-57 of Chapter 5 of the 
EMBRAER EMB145 Aircraft Maintenance Manual, Part II, AMM-145/1124, 
Revision 53, dated October 28, 2010, specify an internal general 
visual inspection, this AD requires a detailed inspection.

Other FAA AD Provisions

    (j) 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: <a href="/cdn-cgi/l/email-protection#8fb6a2cec1c2a2bebeb9a2cec2c0cca2ddcadedacadcdbdccfe9eeeea1e8e0f9"><span class="__cf_email__" data-cfemail="162f3b57585b3b2727203b575b59553b44534743534542455670777738717960">[email protected]</span></a>. 
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

    (k) Refer to MCAI ANAC Airworthiness Directive 2010-06-03R1, 
dated September 20, 2010; EMBRAER Service Bulletin 145-53-0062, 
Revision 06, dated August 11, 2010; Subjects 5-20-47 and 5-20-57 of 
Chapter 5 of the EMBRAER EMB145 Aircraft Maintenance Manual, Part 
II, AMM-145/1124, Revision 53, dated October 28, 2010; and Chapter 
53-32-13, Rear Fuselage II--APU Firewall--Repairs, of the EMBRAER 
EMB135, ERJ140, EMB145, Structural Repair Manual SRM-145/1142, 
Revision 43, dated December 1, 2010; for related information.

    Issued in Renton, Washington, on April 12, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-9409 Filed 4-18-11; 8:45 am]
BILLING CODE 4910-13-P


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