[Federal Register: November 4, 2004 (Volume 69, Number 213)]
[Proposed Rules]
[Page 64262-64263]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no04-12]
[[Page 64262]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19526; Directorate Identifier 2004-NM-140-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain EMBRAER Model EMB-135BJ series airplanes. This proposed AD
would require modifying the electrical wiring for the ``stick pusher''
system. This proposed AD is prompted by a report that the stick pushers
are not being inhibited when the AP/PUSH/TRIM switches are activated,
which can result in reduced controllability of the airplane if there is
a system malfunction. We are proposing this AD to prevent reduced
controllability of the airplane if the stick pusher system
malfunctions.
DATES: We must receive comments on this proposed AD by December 6,
2004.
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.
FOR FURTHER INFORMATION CONTACT:
Technical information: 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.
Plain language information: Marcia Walters, marcia.walters@faa.gov.
SUPPLEMENTARY INFORMATION:
Docket Management System (DMS)
The FAA has implemented new procedures for maintaining AD dockets
electronically. As of May 17, 2004, new AD actions are posted on DMS
and assigned a docket number. We track each action and assign a
corresponding directorate identifier. The DMS AD docket number is in
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier
(``Old Docket Number'') as a cross-reference for searching purposes.
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-2004-19526;
Directorate Identifier 2004-NM-140-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.
We are reviewing the writing style we currently use in regulatory
documents. We are interested in your comments on whether the style of
this document is clear, and your suggestions to improve the clarity of
our communications that affect you. You can get more information about
plain language at http://www.faa.gov/language and http://www.plainlanguage.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
The Departamento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, notified us that an unsafe condition may exist on
certain EMBRAER Model EMB-135BJ series airplanes. The DAC advises that
the ``stick pushers'' are not inhibited when the AP/PUSH/TRIM switches
are activated. The switches are installed on the control wheels for the
pilot and co-pilot. The stick pushers are part of the stall protection
system and are automatically activated when an airplane approaches a
stall condition. If the stick pushers cannot be inhibited, the workload
for the pilot and co-pilot is increased because they have to exert
additional physical force against the control wheels to control the
airplane. Malfunction of the stick pusher system could result in
reduced controllability of the airplane.
Relevant Service Information
EMBRAER has issued Service Bulletin 145LEG-27-0009, dated March 1,
2004. The service bulletin describes procedures for modifying the
electrical wiring for the stick pusher system. 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 2004-04-02, dated May 6,
2004, to ensure the continued airworthiness of these airplanes in
Brazil.
FAA's Determination and Requirements of the Proposed AD
This airplane model is manufactured in Brazil and is type
certificated for operation in the United States under the
[[Page 64263]]
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR
21.29) and the applicable bilateral airworthiness agreement. According
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 modifying
the electrical wiring for the stick pusher system. The proposed AD
would require you to use the service information described previously
to perform these actions.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
Estimated Costs
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Number of
Average Cost per U.S.-
Action Work hours labor rate Parts airplane registered Fleet cost
per hour airplanes
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Modification................ 2 $65 $7 $137 7 $959
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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-
2004-19526; Directorate Identifier 2004-NM-140-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by December 6, 2004.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-135BJ series airplanes,
serial numbers 145462, 145495, 145505, 145528, 145625, 145637, and
145642; certificated in any category.
Unsafe Condition
(d) This AD was prompted by a report that the stick pushers are
not being inhibited when the AP/PUSH/TRIM switches are activated,
which can result in reduced controllability of the airplane if there
is a system malfunction. We are issuing this AD to prevent reduced
controllability of the airplane if the stick pusher system
malfunctions.
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.
Modification of Electrical Wiring
(f) Within 400 flight hours or 180 calendar days after the
effective date of this AD, whichever is first: Modify the wiring for
the stick pusher system by accomplishing all of the actions
specified in the Accomplishment Instructions of EMBRAER Service
Bulletin 145LEG-27-0009, dated March 1, 2004.
Alternative Methods of Compliance (AMOCs)
(g) 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
(h) Brazilian airworthiness directive 2004-04-02, dated May 6,
2004, also addresses the subject of this AD.
Issued in Renton, Washington, on October 21, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-24632 Filed 11-3-04; 8:45 am]
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