[Federal Register: May 3, 2004 (Volume 69, Number 85)]
[Proposed Rules]
[Page 24095-24097]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my04-20]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 24095]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2004-NM-36-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ and EMB-145XR Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain EMBRAER Model EMB-135BJ
and EMB-145XR series airplanes. This proposal would require
installation of an additional indication device to the clear ice
indication system. This action is necessary to prevent an undetected
in-flight buildup of clear ice on airplane control surfaces, which
could lead to reduced controllability of the airplane. This action is
intended to address the identified unsafe condition.
DATES: Comments must be received by June 2, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2004-NM-36-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2004-NM-36-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O.
Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil. This information
may be examined at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
Organize comments issue-by-issue. For example,
discuss a request to change the compliance time and a request to change
the service bulletin reference as two separate issues.
For each issue, state what specific change to
the proposed AD is being requested.
Include justification (e.g., reasons or data)
for each request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2004-NM-36-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2004-NM-36-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Departamento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, notified the FAA that an unsafe condition may
exist on certain EMBRAER Model EMB-135BJ and EMB-145XR series
airplanes. The DAC advises that a risk assessment has shown that the
reliability level of the clear ice indication system is not sufficient.
This condition, if not corrected, could result in undetected in-flight
buildup of clear ice on airplane control surfaces, which could lead to
reduced controllability of the airplane.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletins 145-30-0035, Revision 01 (for
Model EMB-145XR series airplanes), dated September 2, 2003; and 145LEG-
30-0002 (for Model EMB-135BJ series airplanes), dated September 2,
2003. These service bulletins describe procedures for installation of
an additional indication device to the clear ice indication system. The
DAC classified these service bulletins as mandatory and issued
airworthiness directive 2004-01-01, dated January 27, 2004, to ensure
the continued airworthiness of these airplanes in Brazil.
Operators should be aware that Service Bulletin 145LEG-30-0002 (for
Model EMB-135BJ series airplanes), dated September 2, 2003, specifies
prior or concurrent accomplishment of EMBRAER Service Bulletin 145LEG-
25-0027, dated May 7, 2003, which describes procedures for removal of
the Inlet Turbine Temperature (ITT)-related placard from the main panel
of the cockpit.
[[Page 24096]]
FAA's Conclusions
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. The FAA has examined the findings of the
DAC, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require accomplishment of
the actions specified in the applicable service bulletins described
previously, except as discussed below.
Differences Between Proposed Rule and Foreign Airworthiness Directive
The Brazilian airworthiness directive applies to ``all EMB-145XR
and EMB-135BJ aircraft in operation.'' The service bulletins apply to
certain EMB-145XR and EMB-135BJ series airplanes having certain serial
numbers. As coordinated with the DAC, this proposed AD applies only to
those airplanes having serial numbers listed in the service bulletins.
Cost Impact
The FAA estimates that 49 airplanes of U.S. registry would be
affected by this proposed AD. The average labor rate is $65 per work
hour. Costs per airplane are listed in Table 1 of this proposed AD.
Based on these figures, the cost impact of the proposed AD on U.S.
operators is estimated to be $74,475.
Table 1.--Cost Estimates
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No. of Cost per
Airplane model airplanes Work hours Parts cost airplane
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EMB-145XR................................................... 41 15 $460 $1,435
EMB-135BJ................................................... 8 23 460 1,955
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The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the proposed requirements
of this AD action, and that no operator would accomplish those actions
in the future if this AD were not adopted. The cost impact figures
discussed in AD rulemaking actions represent only the time necessary to
perform the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new
airworthiness directive:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 2004-NM-36-
AD.
Applicability: Model EMB-135BJ and EMB-145XR series airplanes,
certificated in any category, as listed in EMBRAER Service Bulletin
145-30-0035, Revision 01, dated September 2, 2003; or 145LEG-30-
0002, dated September 2, 2003.
Compliance: Required as indicated, unless accomplished
previously.
To prevent undetected in-flight buildup of clear ice on airplane
control surfaces, which could lead to reduced controllability of the
airplane, accomplish the following:
Service Bulletin References
(a) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of the following service bulletins, as
applicable:
(1) For Model EMB-145XR series airplanes: EMBRAER Service
Bulletin 145-30-0035, Revision 01, dated September 2, 2003; and
(2) For Model EMB-135BJ series airplanes: EMBRAER Service
Bulletin 145LEG-30-0002, dated September 2, 2003.
(b) Actions accomplished before the effective date of this AD in
accordance with EMBRAER Service Bulletin 145-30-0035, dated July 16,
2003, are considered acceptable for compliance with the
corresponding actions specified in this AD.
Modification of Clear Ice Indication System
(c) Within 24 months or 5,000 flight hours after the effective
date of this AD, whichever comes first, install an additional
indication device to the clear ice indication system in accordance
with the Accomplishment Instructions of the applicable service
bulletin.
Concurrent Service Bulletin
(d) For airplanes listed in EMBRAER Service Bulletin 145LEG-30-
0002, dated September 2, 2003: Prior to or concurrent with the
accomplishment of paragraph (c) of this AD, remove the Inlet Turbine
Temperature (ITT)-related placard from the main panel of the cockpit
in accordance with the Accomplishment Instructions of EMBRAER
Service Bulletin 145LEG-25-0027, dated May 7, 2003.
Alternative Methods of Compliance
(e) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116,
[[Page 24097]]
FAA, Transport Airplane Directorate, is authorized to approve
alternative methods of compliance for this AD.
Note 1: The subject of this AD is addressed in Brazilian
airworthiness directive 2004-01-01, dated January 27, 2004.
Issued in Renton, Washington, on April 23, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-9905 Filed 4-30-04; 8:45 am]
BILLING CODE 4910-13-P