[Federal Register: April 29, 2008 (Volume 73, Number 83)]
[Proposed Rules]
[Page 23134-23136]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap08-18]
[[Page 23134]]
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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]
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), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed 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 airplane. The proposed AD
would require actions that are intended to address the unsafe condition
described in the MCAI.
DATES: We must receive comments on this proposed AD by May 29, 2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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 this proposed AD, 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.
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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0483;
Directorate Identifier 2008-NM-006-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2007-11-04R1, effective December 21, 2007
(referred to after this as ``the MCAI''), 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.
Relevant Service Information
Embraer has issued Service Bulletin 145-30-0052, dated August 2,
2007; and Service Bulletin 145LEG-30-0019, dated August 28, 2007. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
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 proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 704 products of U.S. registry. We also estimate that
it would take about 8 work-hours per product to comply with the basic
requirements of
[[Page 23135]]
this proposed AD. The average labor rate is $80 per work-hour. Based on
these figures, we estimate the cost of the proposed AD on 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 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 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. 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.
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 AD:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2008-0483; Directorate Identifier 2008-NM-006-AD.
Comments Due Date
(a) We must receive comments by May 29, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Embraer Model EMB-135 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) Within 2,500 flight hours or 24 months after the effective
date of this AD, whichever occurs first, unless already done, do the
following actions in accordance with the Accomplishment Instructions
of Embraer Service Bulletin 145-30-0052, dated August 2, 2007; or
Service Bulletin 145LEG-30-0019, dated August 28, 2007; 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.
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.
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.
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(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, dated August 2, 2007; and Embraer Service Bulletin 145LEG-30-
0019, dated August 28, 2007; for related information.
Issued in Renton, Washington, on April 18, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-9315 Filed 4-28-08; 8:45 am]
BILLING CODE 4910-13-P