[Federal Register: September 26, 2006 (Volume 71, Number 186)]
[Proposed Rules]
[Page 56056-56058]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se06-16]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25892; Directorate Identifier 2006-NM-120-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR
Airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (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 airplanes as described previously. This proposed AD
would require inspecting to determine the part number of the left- and
right-hand windshield temperature controllers. For airplanes equipped
with certain windshield temperature controllers, this proposed AD would
also require replacing the attaching hardware of the power cable
terminals of the windshield temperature controllers with new, improved
attaching hardware; inspecting the power cable terminals for signs of
melting or damage to the terminals, cable insulation, or plastic
crimping ring; and performing corrective actions if necessary. This
proposed AD results from reports of smoke on the flight deck caused by
damage from poor electrical contact due to loosening of the attaching
hardware of the power cables of certain windshield temperature
controllers. We are proposing this AD to prevent overheating of the
power cable terminals of the windshield temperature controllers, which
could result in smoke and fire on the flight deck.
DATES: We must receive comments on this proposed AD by October 26,
2006.
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.
Fax: (202) 493-2251.
[[Page 56057]]
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.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service
information identified in this proposed AD.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
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 in the ADDRESSES section. Include the docket number ``FAA-2006-
25892; Directorate Identifier 2006-NM-120-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 received 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
that Web site, 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 may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.
Examining the Docket
You may 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 Docket Management System
receives them.
Discussion
The Ag[ecirc]ncia Nacional de Avia[ccedil]ao Civil (ANAC), which is
the airworthiness authority for Brazil, notified us that an unsafe
condition may exist on certain EMBRAER Model EMB-135BJ, -135ER, -135KE,
-135KL, and -135LR airplanes and Model EMB-145, -145ER, -145MR, -145LR,
-145XR, -145MP, and -145EP airplanes. The ANAC has received reports of
smoke on the flight deck caused by damage from poor electrical contact
due to loosening of the attaching hardware of the power cable terminals
of certain windshield temperature controllers. This condition, if not
corrected, could lead to overheating of the power cable terminals of
the windshield temperature controllers, which could result in smoke and
fire on the flight deck.
Relevant Service Information
EMBRAER has issued Service Bulletin 145-30-0043, Revision 02, dated
May 25, 2006; and Service Bulletin 145LEG-30-0013, dated June 28, 2005.
The service information describes procedures for replacing the
attaching hardware of the power cable terminals of certain windshield
temperature controllers, part number (P/N) 3801D2( ), with new,
improved attaching hardware; inspecting the power cable terminals for
signs of melting or damage to the terminals, cable insulation, or
plastic crimping ring; and performing corrective actions if necessary.
Corrective actions include replacing any melted or damaged crimping
ring, cable terminal, or cable. Accomplishing the actions specified in
the service information is intended to adequately address the unsafe
condition.
The ANAC mandated the service information and issued Brazilian
airworthiness directive 2006-05-01, effective May 23, 2006, to ensure
the continued airworthiness of these airplanes in Brazil.
FAA's Determination and Requirements of the Proposed AD
These airplane models are manufactured in Brazil and are type
certificated for operation in the United States under the provisions of
Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the ANAC has kept the FAA informed
of the situation described above. We have examined the ANAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for airplanes of this type design that are certificated for
operation in the United States. Therefore, we are proposing this AD,
which would require accomplishing the actions specified in the service
information described previously.
Clarification of Inspection Terminology
The service bulletins specify to inspect for evidence of damage or
melting. However, to eliminate any confusion about the proper type of
inspection, we would require a ``detailed inspection,'' which is
consistent with the type of inspection specified in Brazilian
airworthiness directive 2006-05-01.
Clarification of Part Number (P/N) References
The service bulletins specify that certain windshield temperature
controllers, having P/N 3801D2( ), are affected. The parentheses
indicate that the P/N might or might not contain a suffix letter.
Although the service bulletins identified in the following table make
it clear that the INU part numbers, as identified in Table 1 of the AD,
are the primary identifiers of all affected INUs, we have determined
that these various suffix references could cause confusion. Therefore,
to address all references to suffix letters in the service bulletins,
we have revised the AD to read ``-850( )/-851( )'' where applicable.
Costs of Compliance
This proposed AD would affect about 689 airplanes of U.S. registry.
The proposed actions would take about 1 work hour per airplane, at an
average labor rate of $80 per work hour. Required parts would be
supplied from operator stock. Based on these figures, the estimated
cost of the proposed AD for U.S. operators is $55,120, or $80 per
airplane.
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
[[Page 56058]]
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 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 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, 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Empresa Brasileira de Aeronautica S.A. (EMBRAER): FAA-2006-25892;
Directorate Identifier 2006-NM-120-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by October
26, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model EMB-135BJ, -135ER, -
135KE, -135KL, and -135LR airplanes; and Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes; certificated in
any category.
Unsafe Condition
(d) This AD results from reports of smoke on the flight deck
caused by damage from poor electrical contact due to loosening of
the attaching hardware of the power cables of certain windshield
temperature controllers. We are issuing this AD to prevent
overheating of the power cable terminals of the windshield
temperature controllers, which could result in smoke and fire on the
flight deck.
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.
Inspecting for Part Number (P/N) of Controller
(f) Within 5,000 flight hours after the effective date of this
AD, inspect to determine the P/N of the left- and right-hand
windshield temperature controllers. If any windshield temperature
controller is found to have a P/N other than Goodrich P/N 3801D2( ),
no further action is required by this AD for that controller.
Replacement of Attaching Hardware, Further Inspection, and Corrective
Actions
(g) Before further flight after performing the inspection
required by paragraph (f) of this AD, for all windshield temperature
controllers having Goodrich P/N 3801D2( ) or any controller for
which the P/N cannot be conclusively determined: Replace the
attaching hardware of the power cable terminals of the controllers
with new, improved attaching hardware having new P/Ns. Concurrently,
perform a detailed inspection for signs of melting or damage of the
plastic crimping ring, cable insulation, or terminals of the power
cables, and, before further flight, perform applicable corrective
actions. Perform all the actions in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 145-30-0043,
Revision 02, dated May 25, 2006, or EMBRAER Service Bulletin 145LEG-
30-0013, dated June 28, 2005; as applicable.
Credit for Actions Accomplished Using Previous Issue of Service
Bulletin
(h) Actions accomplished before the effective date of this AD in
accordance with EMBRAER Service Bulletin 145-30-0043, dated June 28,
2005; or Revision 01, dated April 7, 2006; are considered acceptable
for compliance with corresponding actions required by this AD.
Alternative Methods of Compliance (AMOCs)
(i)(1) The Manager, International Branch, ANM-116, has the
authority to approve AMOCs for this AD, if requested in accordance
with the procedures found in 14 FR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(j) Brazilian airworthiness directive 2006-05-01, effective May
23, 2006, also addresses the subject of this AD.
Issued in Renton, Washington, on September 14, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-8223 Filed 9-25-06; 8:45 am]
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