Examining the Docket
You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that supersedes 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 NPRM was published in the Federal Register on January 12, 2005 (70 FR 2057). That NPRM proposed to continue to require 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. That NPRM also proposed an optional revision to the AFM that allows limited APU starts and a terminating action.
Comments
We provided the public the opportunity to participate in the development of this AD. We have considered the comments that have been received on the NPRM.
Request To Revise Applicability to Refer to Model T-62T-40C14 as APS 500R
One commenter requests that the applicability be revised to refer to Model T-62T-40C14 as APS 500R. The commenter states that the commercial model designation for APU model T-62T-40C14 is APS 500R. The "S" in APS 500R is not a typographical error, as stated in the NPRM, and is the correct nomenclature.
We agree with the commenter and have revised the applicability of the final rule. This revision does not change the number of airplanes affected by the final rule.
Request To Revise Description of Part Number (P/N) 120-45060-001
One commenter requests that the description of P/N 120-45060-001 in the second paragraph of the "Relevant Service Information" section of the NPRM be revised. The commenter states that "flush-type APU air inlet" should be revised to "flush-type air inlet frame."
We agree with the commenter that the part is a flush-type air inlet frame and we have revised paragraph (g) of the final rule to specify installing a "flush-type APU air inlet frame." We have not revised the "Relevant Service Information" section, as that section is not restated in the final rule.
Request To Refer to Latest Revision of EMBRAER Service Bulletin 145-49- 0018
Two commenters request that the NPRM refer to the latest revision of EMBRAER Service Bulletin 145-49-0018. One commenter states that EMBRAER Service Bulletin 145-49-0018, Change 03, dated January 3, 2002 (referenced as the appropriate source of service information for accomplishing the actions specified in paragraph (h) of the NPRM) should be replaced with Change 04, dated November 26, 2002. The other commenter states that Revision 8 is the latest revision of the service bulletin.
We agree to revise the final rule to reference EMBRAER Service Bulletin 145-49-0018, Change 04, dated November 26, 2002, which is the latest revision. The procedures in Change 04 of the service bulletin are essentially the same as those in Change 03 of the referenced service bulletin. We have also added Change 03 of the service bulletin to paragraph (k) of the final rule to state that actions accomplished before the effective date of this AD per Change 03 of the service bulletin are acceptable for compliance with the requirements of this final rule.
Request To Revise Description of P/N 145-48999-401
Two commenters request that, where the NPRM refers to P/N 145- 48999-401 as a flush-type air inlet, the reference should be revised to say a raised-type APU air inlet frame. One commenter states that EMBRAER Service Bulletin 145-49-0018 (referenced as the appropriate sourceof service information for accomplishing the actions specified in paragraph (h) of the NPRM) refers to P/N 145-48999-401 as a raised- type APU air inlet frame. In addition, the service bulletin describes P/N 145-52453-401 as a raised-type APU air inlet frame.
We agree with the commenters. Both part numbers are raised-type APU air inlet frames that may be installed in accordance with EMBRAER Service Bulletin 145-49-0018, Change 04, dated November 26, 2002. We have revised paragraph (h) of the final rule to specify installing a "raised-type APU air inlet frame."
Request To Refer to Latest Revision of EMBRAER Service Bulletin 145-49- 0009
Two commenters request that the NPRM refer to the latest revision of EMBRAER Service Bulletin 145-49-0009. One commenter states that EMBRAER Service Bulletin 145-49-0009, Change 07, dated September 1, 2002 (referenced as the appropriate source of service information for accomplishing the actions specified in paragraph (i) of the NPRM) should be replaced with Change 08, dated September 1, 2003. One commenter also notes that the NPRM did not give credit for actions done in accordance with previous issues because Change 07 of the service bulletin contains additional actions. The commenter states that the only difference in Change 07 is that it mentions the new APU exhaust silencer P/N 4503801C. The commenter also points out that AD 2004-23- 09, amendment 39-13864 (69 FR 65535), mandates the modification of the APU exhaust silencer to P/N 4503801C. Thus, the commenter requests that operators be given credit for previous issues of the service bulletin.
We agree to revise paragraph (i) of the final rule to reference EMBRAER Service Bulletin 145-49-0009, Change 09, dated April 12, 2005, which is the latest revision. The procedures in Change 09 of the service bulletin are essentially the same as those in Change 07 of the service bulletin. We have also added Change 03 through Change 08 of the service bulletin to paragraph (k) of the final rule to state that actions accomplished before the effective date of this AD per those revisions of the service bulletin are acceptable for compliance with the corresponding requirements of this final rule.
Request To Allow Previous Alternative Methods of Compliance (AMOCs) To Be Approved for Paragraphs (g) and (h)
One commenter requests that AMOC paragraph (l)(2) of the NPRM be revised to allow previous AMOCs to be approved for paragraphs (g) and (h) (in addition to paragraph (f)). The commenter states that the modifications to the APU inlet and exhaust already approved as AMOCs for AD 2001-10-01 ensure a positive pressure differential from forward to aft through the compartment, preventing any exhaust flame from propagating forward into the APU compartment. The commenter understands that the AMOCs are also terminating action for paragraphs (g) and (h), not requiring additional action from the operators.
We do not agree to revise paragraph (l)(3) of the final rule (specified as paragraph (l)(2) in the NPRM). Not all existing AMOCs for AD 2001-10-01 are terminating action for paragraphs (g) and (h). The existing AMOCs have various configurations and service bulletins that are acceptable for compliance with just the revisions, with the revisions and part of the terminating action, or with the terminating action. We have determined that the best way to handle such circumstances is for operators to request an AMOC in accordance with paragraph (l) of the final rule, rather than increasing the complexity of the AD by addressing each existing AMOC's unique situation. We have not revised the final rule in this regard.
Request To Revise NPRM To Reference P/Ns or Configurations and Service Bulletins That Could Be AMOCs
Two commenters request that the NPRM be revised to reference P/Ns or configurations and service bulletins that could be AMOCs. One commenter references multiple AMOCs for AD 2001-10-01 that would be acceptable for compliance for (f), (g), and (h) of the NPRM. The commenter suggests eliminating the reference to the service bulletin in paragraph (h) and listing all acceptable P/Ns for the raised-type APU air inlet frame and revising paragraph (i) of the NPRM to reference either the exhaust silencer or the extended or new exhaust pipes. The commenter contends these changes would address the unsafe condition.
The other commenter notes that the correct configuration of the airplane can be achieved through various revisions of several service bulletins and includes several AMOCs for AD 2001-10-01. This commenter suggests that the NPRM reference the part number 145-48999-401 or 145- 52452-401 (or later approved part numbers) and a silencer measurement of 1300 millimeters on C14 APU equipped aircraft. As an alternative to these changes, the commenters suggest that the NPRM should list all configurations and service bulletin versions that are an optional means of terminating the NPRM. The commenter states that either one of its suggestions allow operators to operate their aircraft without having to incur additional and excessive expenses.
We disagree with the request to revise the final rule to reference P/Ns or configurations and service bulletins that could be AMOCs. As stated in the response to the previous comment, due to the number and complexity of AMOCs for AD 2001-10-01 and the revisions to the various service bulletins, we cannot list every configuration that could be terminating action for paragraph (g) and/or paragraph (h) of the final rule. We also cannot list part numbers because terminating action must be done in a method approved by us or in accordance with service information we have reviewed. However, operators may request an AMOC in accordance with paragraph (l) of the final rule. We have not revised the final rule in this regard.
Request To Determine if All U.S. Operators Are in Compliance
One commenter suggests that U.S. operators be polled to find out if any operator is flying airplanes without the desired configuration. The commenter states that if all operators' airplanes are in the desired configuration, then the NPRM may be withdrawn. The commenter notes that this suggestion has been done on other NPRMs prior to this one.
We do not agree with the commenter. We have not received confirmation that all U.S. operators are in compliance with the requirements of the final rule. Even if the current U.S.-registered fleet is in compliance with the requirements of the final rule, the issuance of the rule is still necessary to ensure that any affected airplane imported and placed on the U.S. register in the future will be required to be in compliance as well. Unless the manufacturer advises us that all of the affected airplanes worldwide have been modified, it is possible that an airplane could be imported to the U.S. in the future without being in compliance with the final rule.
Additional Change to Applicability
We have revised the applicability of the NPRM to identify model designations as published in the most recent type certificate data sheet for the affected models.
Explanation of Changes to Final Rule
We have also revised certain references to the service bulletins in the final rule to clarify that the actions are done in accordance with the accomplishment instructions of the service bulletins.
We have also made minor editorial changes to the format of the tables in the final rule.
Clarification of AMOC Paragraph
We have revised this final rule to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies.
Conclusion
We have carefully reviewed the available data, including the comments that have been received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
The following table, using an estimated labor rate of $65 per work hour, provides the estimated costs for U.S. operators to comply with this AD.
Estimated Costs
Action
Work hours
Parts
Cost per airplane
Number of U.S.-
registered airplanes
Fleet cost
Installation of placard (required by AD 2001 10 01)
1
None
$65
290
$18,850.
Terminating action (new action)
4
$1,514
1,774
290
514,460.
Concurrent action (new action)
6
$38,500
38,890
290
11,278,100.
Optional installation of APU air inlet and placard (new optional action).
2
397
527
290
Up to 152,830.
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 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 that this AD:
(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.
We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. 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, 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
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by removing amendment 39-12226 (66 FR 24049, May 11, 2001) and by adding the following new airworthiness directive (AD):