[Federal Register: November 14, 2008 (Volume 73, Number 221)]
[Rules and Regulations]
[Page 67376-67379]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no08-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0483; Directorate Identifier 2008-NM-006-AD;
Amendment 39-15716; AD 2008-22-19]
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: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
It has been found the occurrence of smoke in the flight deck
originated from Pitot \1/2\ and TAT \1/2\ current sensor relays and
[their]respective sockets, caused by poor electrical contacts
between those relays and their sockets.
The unsafe condition is that smoke in the flight deck may interfere
with the flightcrew's ability to operate the
[[Page 67377]]
airplane. We are issuing this AD to require actions to correct the
unsafe condition on these products.
DATES: This AD becomes effective December 19, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 19,
2008.
ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on April 29, 2008 (73
FR 23134). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
It has been found the occurrence of smoke in the flight deck
originated from Pitot \1/2\ and TAT \1/2\ current sensor relays and
[their]respective sockets, caused by poor electrical contacts
between those relays and their sockets.
The unsafe condition is that smoke in the flight deck may interfere
with the flightcrew's ability to operate the airplane. Corrective
actions include inspecting for damage of the Pitot 1 and 2 and TAT 1
and 2 current sensor relays and sockets; and, as applicable, replacing
the A1 and C1 electrical contacts of the sockets and reidentifying the
sockets, replacing the sockets, and replacing current sensor relays.
Damage may include melted points or stuck material of the silicone
gasket, incorrect shape of the current sensor relay/sockets,
discoloration of contacts, loose pin-type contacts, cracking or loose
material of the polish and sealant of the bases, contaminants of the
current sensor relays/sockets, and stuck material or roughness of the
surface of the current sensor relay/pin-type contact. You may obtain
further information by examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comment[s]received.
Request To Clarify the Requirements of This AD
ExpressJet Airlines requests that we clarify the requirements for
the inspection proposed by the NPRM. Embraer Service Bulletin 145-30-
0052, dated August 2, 2007 (specified in the NPRM), calls for doing a
general visual inspection, reporting damage that was found, and
reporting service bulletin compliance. ExpressJet states that the NPRM
calls for a detailed inspection and does not omit the reporting
requirements. ExpressJet notes that it is not clear if inspections
accomplished before the effective date of the AD according to the
service bulletin would be acceptable for compliance or if an additional
inspection would need to be accomplished. ExpressJet also notes it is
not clear if reporting is required.
We agree that clarification is needed. Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC), which issued the Brazilian
Airworthiness Directive referenced in the NPRM, determined that a
detailed inspection is necessary, instead of the general visual
inspection specified in the referenced service bulletin, to adequately
detect possible damage. We concurred with that determination. Wherever
the requirements of an AD and the referenced service information
differ, the AD takes precedence. Therefore, an inspection for possible
damage that is accomplished before the effective date of this AD must
be a detailed inspection to be acceptable for compliance with the
requirements of this AD.
After we published the NPRM, we received Revision 01 to Embraer
Service Bulletin 145-30-0052, dated January 23, 2008; and Revision 01
to Embraer Service Bulletin 145LEG-30-0019, dated January 25, 2008 (the
original issue was referred to in the NPRM). Revision 01 of each
service bulletin specifies a detailed inspection. We have revised
paragraph (f) of this AD to reference Revision 01 of each service
bulletin and provide credit for accomplishing the original issue of the
service bulletin, as long as a detailed inspection technique is used.
Additionally, although the service bulletin specifies reporting
damage and service bulletin compliance, this AD does not require
reporting. Our intent is to match the actions specified in the
Brazilian Airworthiness Directive, which does not require the
reporting. However, an operator may elect to submit such information,
although not required to do so by this AD. We have not changed the AD
in this regard.
Request To Shorten Compliance Time
Air Line Pilots Association, International (ALPA), supports the
intent of the AD, but considers the proposed 2,500-flight-hours or 24-
months (whichever is first) compliance time to be excessive. ALPA
recommends a shorter compliance time.
We disagree with the commenter's request. While the service
bulletins recommend a compliance time of 6,000 flight hours or 48
months, ANAC specified a compliance time of 2,500 flight hours or 24
months based on its engineering analysis. We concur with ANAC's
engineering analysis and have determined that the compliance time, as
proposed, represents an appropriate interval of time in which the
required actions can be performed and provides an acceptable level of
safety. We have not changed the AD in this regard.
Explanation of Change to Applicability
We have revised the model designations in the applicability of this
AD to match the designations as published in the most recent type
certificate data sheet for the affected models.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 704 products of U.S. registry.
We also estimate that it will take about 8 work-
[[Page 67378]]
hours per product to comply with the basic requirements of this AD. The
average labor rate is $80 per work-hour. Based on these figures, we
estimate the cost of this AD to the U.S. operators to be $450,560, or
$640 per product.
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 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 this AD:
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 AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2008-22-19 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15716. Docket No. FAA-2008-0483; Directorate Identifier
2008-NM-006-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective December
19, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to 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; having serial numbers 145002 through 145362, 145364
through 145590, and 145592 through 14500987.
Subject
(d) Air Transport Association (ATA) of America Code 30: Ice and
Rain Protection.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been found the occurrence of smoke in the flight deck
originated from Pitot 1/2 and TAT 1/2 current sensor relays and
[their]respective sockets, caused by poor electrical contacts
between those relays and their sockets.
The unsafe condition is that smoke in the flight deck may interfere
with the flightcrew's ability to operate the airplane. Corrective
actions include inspecting for damage of the Pitot 1 and 2 and TAT 1
and 2 current sensor relays and sockets; and, as applicable,
replacing the A1 and C1 electrical contacts of the sockets and
reidentifying the sockets, replacing the sockets, and replacing
current sensor relays. Damage may include melted points or stuck
material of the silicone gasket, incorrect shape of the current
sensor relay/sockets, discoloration of contacts, loose pin-type
contacts, cracking or loose material of the polish and sealant of
the bases, contaminants of the current sensor relays/sockets, and
stuck material or roughness of the surface of the current sensor
relay/pin-type contact.
Actions and Compliance
(f) Unless already done: Within 2,500 flight hours or 24 months
after the effective date of this AD, whichever occurs first, do the
following actions in accordance with the Accomplishment Instructions
of Embraer Service Bulletin 145-30-0052, Revision 01, dated January
23, 2008; or 145LEG-30-0019, Revision 01, dated January 25, 2008; as
applicable. Do all applicable replacements and re-identification
before further flight.
(1) Perform a detailed inspection of the Pitot 1 (K0053), Pitot
2 (K0054), TAT 1 (K0064), and TAT 2 (K0494) current sensor relays
for possible damage caused by overheating in their contacts,
enclosure, and finishing material.
(i) If no damage is found on a current sensor relay, that relay
may be reinstalled.
(ii) If any damage is found on a current sensor relay, replace
the relay with a new relay having the same part number (P/N), CS500-
060-D4A.
(2) Perform a detailed inspection on the Pitot 1 (XK0053), Pitot
2 (XK0054), TAT 1 (XK0064), and TAT 2 (XK0494) relay sockets for
possible damage caused by overheating in their contacts, enclosure,
and finishing material.
(i) If no damage is found on a socket, replace electrical
contacts A1 and C1 of the socket with new contacts having P/N
M39029/92-536; re-identify the socket from P/N S500-9140 to S500-
9140-A; and re-identify the socket electrical code from XK0053,
XK0054, XK0064, and XK0494, to XK1243, XK1242, XK1245, and XK1244,
respectively.
(ii) If any damage is found on a socket, replace the socket with
a new socket having P/N S500-9140-A or S500-9216.
(3) Actions accomplished in accordance with Embraer Service
Bulletin 145-30-0052, dated August 2, 2007; or 145LEG-30-0019, dated
August 28, 2007; as applicable; are acceptable for compliance with
this AD, provided that a detailed inspection is accomplished in
place of the general visual inspection specified in the service
bulletins.
Note 1: For the purpose of this AD, a detailed inspection (DET)
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
mirrors, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate access procedures may be required.''
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.
[[Page 67379]]
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-1405; fax (425) 227-1149.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) Refer to MCAI Brazilian Airworthiness Directive 2007-11-
04R1, effective December 21, 2007; Embraer Service Bulletin 145-30-
0052, Revision 01, dated January 23, 2008; and Embraer Service
Bulletin 145LEG-30-0019, Revision 01, dated January 25, 2008; for
related information.
Material Incorporated by Reference
(i) You must use Embraer Service Bulletin 145-30-0052, Revision
01, dated January 23, 2008; or Embraer Service Bulletin 145LEG-30-
0019, Revision 01, dated January 25, 2008; as applicable; to do the
actions required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone:
+55 12 3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail:
distrib@embraer.com.br; Internet: http://www.flyembraer.com.
(3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call (202) 741-6030,
or go to: http://www.archives.gov/federal-register/cfr/ibr-
locations.html.
Issued in Renton, Washington, on October 20, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-25756 Filed 11-13-08; 8:45 am]
BILLING CODE 4910-13-P