[Federal Register: September 28, 2006 (Volume 71, Number 188)]
[Proposed Rules]
[Page 56900-56903]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se06-31]
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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 56900]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25925; Directorate Identifier 2006-NM-167-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 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 supersede an existing airworthiness
directive (AD) that applies to all EMBRAER Model EMB-135 airplanes and
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP
airplanes. The existing AD requires repetitive inspections of the pitot
static heating relay K0057 and corrective actions if necessary. The
existing AD also requires doing a terminating modification, which ends
the repetitive inspections. This proposed AD would remove the existing
repetitive inspections and instead would require a one-time detailed
inspection for damage of the relay, relay socket, and silicone gasket;
applicable corrective actions; and a new action to modify and re-
identify the relay socket. This proposed AD would also revise the
existing terminating modification--replacing/rerouting the windowsill
drain hoses--into two parts, each with a different, reduced compliance
time. This proposed AD results from a report of smoke in the cockpit.
We are proposing this AD to prevent ignition of a windowsill drain hose
by an overheated relay, which could cause fire and smoke in the
cockpit.
DATES: We must receive comments on this proposed AD by October 30,
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.
Governmentwide 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.
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 ``Docket No.
FAA-2006-25925; Directorate Identifier 2006-NM-167-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
On February 3, 2006, we issued AD 2006-04-02, amendment 39-14483
(71 FR 9434, February 24, 2006), for all EMBRAER Model EMB-135
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes. That AD requires repetitive inspections of the
pitot static heating relay K0057 for damage to the pin-type contacts,
relay enclosure, and finishing material and corrective actions if
necessary. That AD also requires doing a terminating modification,
which ends the repetitive inspections. That AD resulted from a report
of a burning drain hose and smoke caused by an overheated pitot static
heating relay. We issued that AD to prevent over-heating of a certain
pitot static heating relay, which could result in the burning of the
windowsill drain hoses and consequent smoke or fire in the airplane
cockpit.
Actions Since Existing AD Was Issued
Since we issued AD 2006-04-02, the Agn[ecirc]cia Nacional de
Avia[ccedil][atilde]o Civil (ANAC), which is the airworthiness
authority for Brazil, has notified us that an operator reported smoke
in the cockpit of an airplane that had been inspected in accordance
with AD 2006-04-02. Investigation revealed that a windowsill drain hose
resting against the XK0057 relay socket had ignited, creating fire and
smoke. We therefore
[[Page 56901]]
determined that AD 2006-04-02 was not adequate to correct the unsafe
condition.
Relevant Service Information
EMBRAER has issued the following service bulletins for Model EMB-
135ER, -135KE, -135KL, and -135LR airplanes and Model EMB-145, -145ER,
-145MR, -145LR, -145XR, -145MP, and -145EP airplanes:
Service Bulletin 145-30-0041, Revision 01, dated June 5,
2006; and
Alert Service Bulletin 145-30-A050, dated May 31, 2006.
EMBRAER has issued the following service bulletins for Model EMB-
135BJ airplanes:
Service Bulletin 145LEG-30-0011, Revision 01, dated June
7, 2006; and
Alert Service Bulletin 145LEG-30-A017, dated May 31, 2006.
Service Bulletin 145-30-0041, Revision 01, and Service Bulletin
145LEG-30-0011, Revision 01, include procedures that are divided into
separate parts with different compliance times for replacing the left-
and right-hand direct-vision windowsill drain hoses with new, improved
drain hoses, including modifying and re-identifying one drain hose. For
Model EMB-135BJ airplanes, the procedures for rerouting the drain hoses
of the cockpit horizontal linings are unchanged. (EMBRAER Service
Bulletins 145-30-0041, dated April 20, 2005, and 145LEG-30-0011, dated
April 20, 2005, were cited as sources of service information for
accomplishing the actions required by paragraph (i) of AD 2006-04-02.)
No new actions have been included in the revised service bulletins.
The alert service bulletins supersede EMBRAER Service Bulletins
145LEG-30-0012 and 145-30-0042, both dated April 18, 2005, which were
cited as sources of service information for accomplishing the
repetitive inspections required by AD 2006-04-02.
The alert service bulletins describe procedures for performing a
one-time inspection for discrepancies of the K0057 relay, XK0057 relay
socket, and silicone gasket; modifying and re-identifying the relay
socket; and doing corrective actions if necessary. The modification
involves replacing two power contact pins in the relay socket with new,
improved power contact pins. Discrepancies of the relay, relay socket,
and silicone gasket include the following:
Melted points or material stuck to the sides or the
surface of the silicone gasket;
Bellied surfaces, dents, and any crack in the paint of the
relay enclosure;
Discolored, loosened, or missing pin-type contacts of the
relay or relay socket;
Any crack, loose material, or damaged sealant around the
bases of the contacts of the relay or relay socket;
Any contamination of the pin-type contacts of the relay or
relay socket; and
Any stuck material or roughness on the surface where the
pin-type contacts attach to the relay or relay socket.
The corrective actions include the following:
Replacing any damaged K0057 relay with a new K0057 relay;
Replacing any damaged silicone gasket with a new silicone
gasket; and
Replacing any damaged XK0057 relay socket with a modified
and re-identified relay socket.
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 2005-08-04R1, dated July 27, 2006, to ensure
the continued airworthiness of these airplanes in Brazil. Brazilian
airworthiness directive 2005-08-04R1 supersedes Brazilian airworthiness
directive 2005-08-04, dated September 5, 2005, which is the parallel
airworthiness directive for AD 2006-04-02.
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
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 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 AD action is
necessary for airplanes of this type design that are certificated for
operation in the United States.
This proposed AD would supersede AD 2006-04-02 and, for Model EMB-
135BJ airplanes, would restate the requirements of AD 2006-04-02 for
rerouting the drain hoses of the cockpit horizontal linings. This
proposed AD would also require accomplishing the actions specified in
the service bulletins described previously, except as discussed under
``Differences Between the Proposed AD and Service Bulletins.''
Differences Between the Proposed AD and Service Bulletins
EMBRAER Alert Service Bulletins 145-30-A050 and 145LEG-30-A017
specify contacting the manufacturer if discrepancies to components of
the relay support are found. However, this proposed AD would not
require that action.
Alert Service Bulletins 145-30-A050 and 145LEG-30-A017 refer only
to an ``inspection'' of the K0057 relay, XK0057 relay socket, and
silicone gasket. However, we have determined that the proper type of
inspection is a ``detailed inspection,'' which corresponds to the
Brazilian airworthiness directive. Note 1 of this proposed AD defines
this type of inspection.
Change to Existing AD
This proposed AD would retain only the replacement of the drain
hoses required by paragraph (i) of AD 2006-04-02, but with reduced
compliance times. Paragraph (i) of AD 2006-04-02 corresponds to the
actions specified in paragraphs (g) and (h) of this proposed AD, and
those actions are required to be done in accordance with the latest
revision of the applicable service bulletins. However, actions done
before the effective date of this proposed AD in accordance with the
original issues of the applicable service bulletins are acceptable for
compliance with the corresponding requirements of paragraphs (g) and
(h) of this proposed AD.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD at an average labor rate of $80 per
work hour.
Estimated Costs
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Number of U.S.-
Action/item Work hours Parts Cost per registered Fleet cost
airplane airplanes
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Detailed inspection.......... 1 None............. $80 651 $52,080
[[Page 56902]]
Modify/reidentify relay 1 $10 \1\.......... 90 651 58,590
socket.
Replace drain hoses \2\...... 2 268.............. 428 651 278,628
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\1\ Operator-supplied parts.
\2\ Includes rerouting of drain hoses of cockpit horizontal linings, if applicable.
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 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
removing amendment 39-14483 (71 FR 9434, February 24, 2006) and adding
the following new airworthiness directive (AD):
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2006-25925; Directorate Identifier 2006-NM-167-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by October
30, 2006.
Affected ADs
(b) This AD supersedes AD 2006-04-02.
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 a report of smoke in the cockpit. We
are issuing this AD to prevent ignition of a windowsill drain hose
by an overheated relay, which could cause fire and smoke in the
cockpit.
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.
Inspection and Modification of Relay/Relay Socket, and Corrective
Actions
(f) Within 600 flight hours or 180 days after the effective date
of this AD, whichever occurs first: Do a one-time detailed
inspection for discrepancies of the pitot static heating relay
K0057, relay socket XK0057, and silicone gasket; modify and re-
identify the XK0057 relay socket; and do all applicable corrective
actions; in accordance with the Accomplishment Instructions of
EMBRAER Alert Service Bulletin 145LEG-30-A017, dated May 31, 2006
(for Model EMB-135BJ airplanes); or EMBRAER Alert Service Bulletin
145-30-A050, dated May 31, 2006 (for Model EMB-135ER, -135KE, -
135KL, and -135LR airplanes, and EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes); as applicable; except where
the service bulletins specify to contact the manufacturer if damage
to components for the relay support is found, this AD does not
require that action. All applicable corrective actions must be done
before further flight.
Note 1: For the purposes 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
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
Replacement and Modification of Right-Hand Windowsill Drain Hoses
(g) Within 600 flight hours or 180 days after the effective date
of this AD, whichever occurs first, do the actions required by
paragraph (g)(1), (g)(2), and (g)(3) of this AD, as applicable, in
accordance with the Accomplishment Instructions of EMBRAER Service
Bulletin 145LEG-30-0011, Revision 01, dated June 7, 2006 (for Model
EMB-135BJ airplanes); or EMBRAER Service Bulletin 145-30-0041,
Revision 01, dated June 5, 2006 (for Model EMB-135ER, -135KE, -
135KL, and -135LR airplanes, and EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes); as applicable.
(1) For all airplanes: Modify and re-identify the drain hose
having part number (P/N) 123-15435-405, in accordance with Figure 1
of the applicable service bulletin.
(2) For all airplanes: Replace the right-hand windowsill drain
hoses having P/N 123-15435-403 with new, improved hoses, P/N 145-
13047-001 and 145-13044-005; and replace the tiedown straps with new
tiedown straps, in accordance with Figure 1 of the applicable
service bulletin.
(3) For Model EMB-135BJ airplanes: Reroute the drain hoses of
the right cockpit horizontal linings, in accordance with Figure 2 of
the applicable service bulletin.
[[Page 56903]]
Replacement of Left-Hand Windowsill Drain Hoses
(h) Within 1,200 flight hours or 360 days after the effective
date of this AD, whichever occurs first, do the actions required by
paragraph (h)(1) and (h)(2) of this AD, as applicable, in accordance
with the Accomplishment Instructions of EMBRAER Service Bulletin
145LEG-30-0011, Revision 01, dated June 7, 2006 (for Model EMB-135BJ
airplanes); or EMBRAER Service Bulletin 145-30-0041, Revision 01,
dated June 5, 2006 (for Model EMB-135ER, -135KE, -135KL, and -135LR
airplanes, and EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and
-145EP airplanes); as applicable.
(1) For all airplanes: Replace the left-hand windowsill drain
hoses having P/N 123-15435-401 and -403 with new, improved hoses
having P/N 145-13044-001 and P/N 145-13047-001, and replace the
tiedown straps with new tiedown straps, in accordance with Figure 1
of the applicable service bulletin.
(2) For Model EMB-135BJ airplanes, reroute the drain hoses of
the left cockpit horizontal linings, in accordance with Figure 2 of
the applicable service bulletin.
Actions Accomplished According to Previous Issue of Service Bulletin
(i) Any replacement/rerouting of the drain hoses accomplished
before the effective date of this AD in accordance with EMBRAER
Service Bulletin 145-30-0041 or 145LEG-30-0011, both dated April 20,
2005, as applicable, is considered acceptable for compliance with
the requirements of paragraphs (g) and (h) this AD.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, ANM-116, International Branch, FAA, has the
authority to approve AMOCs for this AD, if requested in accordance
with the procedures found in 14 CFR 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
(k) Brazilian airworthiness directive 2005-08-04R1, effective
July 27, 2006, also addresses the subject of this AD.
Issued in Renton, Washington, on September 22, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-15947 Filed 9-27-06; 8:45 am]
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