[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Proposed Rules]
[Pages 9607-9609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4738]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-336-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and -145 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-135 and 
-145 series airplanes. This proposal would require operators to inspect 
the pitot-true air temperature (TAT) relays and the full authority 
digital engine control (FADEC) electronic interface resistor modules to 
detect contamination; perform corrective action if necessary; clean the 
relay/connector pins and sockets; modify the seal between the cockpit 
console panels and the storm window; and/or install a new protective 
frame (protective sheets) at the cockpit relay supports. This action is 
necessary to detect and correct oxidation of the pitot-TAT relay, which 
could result in increased resistance and overheating of the relay and 
consequent smoke in the cockpit; and to detect and correct oxidation of 
the FADEC electronic interface resistor modules, which could result in 
in-flight uncommanded engine power roll back to idle. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by March 31, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-336-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: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-336-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 for Windows 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: Robert D. Breneman, Aerospace 
Engineer, International Branch, ANM-116, FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; 
telephone (425) 227-1263; 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:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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 2002-NM-336-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. 2002-NM-336-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Departmento 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-135 and -145 series airplanes. The 
DAC reports several occurrences of smoke in the cockpit during flight, 
due to oxidation in the pitot-true air temperature (TAT) 2 
relay caused by water leakage from the storm window located above the 
relay console. This condition, if not corrected, could result in 
increased resistance and overheating of the relay and consequent smoke 
in the cockpit.
    In addition, the DAC reports a related incident in which oxidation 
at the connections of the full authority digital engine control (FADEC) 
interface resistor modules caused an in-flight uncommanded engine power 
back to idle. The oxidation was caused by water leakage from the storm 
window located above the console panel. This condition, if not 
corrected, could result in in-flight uncommanded engine power roll back 
to idle.
    The cockpit design on Model EMB-135 and -145 series airplanes is 
identical; therefore, both airplane models are subject to the 
identified unsafe condition.

Explanation of Relevant Service Information

    The manufacturer has issued EMBRAER Service Bulletin 145-30-0032, 
Change 02, dated December 3, 2001, which describes procedures for 
inspecting the pitot-TAT relays to detect contamination; cleaning the 
relay pins and sockets; replacing any contaminated relay, relay socket, 
or relay socket contact with a new part; modifying the seal between the 
cockpit console panels and the storm window; and installing new 
protective sheets at the relay supports.
    The manufacturer has also issued EMBRAER Service Bulletin 145-76-

[[Page 9608]]

0003, dated April 22, 2002, which describes procedures for inspecting 
the FADEC electronic interface resistor modules to detect contamination 
(including moisture and corrosion). Corrective actions include cleaning 
the resistor modules and the electrical connector pins and replacing 
the modules and/or their electrical connectors with new parts.
    Accomplishment of the actions specified in the service bulletins is 
intended to adequately address the identified unsafe condition. The DAC 
classified these service bulletins as mandatory and issued Brazilian 
airworthiness directives 2001-05-01R1, dated February 6, 2002, and 
2002-10-03, dated October 24, 2002, to ensure the continued 
airworthiness of these airplanes in Brazil.

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 service bulletin described previously, 
except as discussed below.

Clarification of Inspection Type

    Whereas the service bulletins specify that operators ``visually 
inspect'' (for contamination), this proposed AD would require a 
``detailed inspection.'' The FAA has determined that the procedures as 
described in the service bulletins constitute a detailed inspection. 
Note 2 has been included in this proposed AD to define this type of 
inspection.

Cost Impact

    The FAA estimates that 261 airplanes of U.S. registry would be 
affected by this proposed AD. The FAA provides the following cost 
estimates to accomplish the proposed actions:

----------------------------------------------------------------------------------------------------------------
                                                  Work hours per  Average hourly  Parts cost per     Cost per
                     Action                          airplane       labor rate       airplane        airplane
----------------------------------------------------------------------------------------------------------------
Inspect the pitot-TAT relay.....................               1             $60              $0             $60
Inspect the FADEC resistor modules..............               2              60               0             120
Seal the lateral console panels and install                    3              60             660             840
 protective sheets..............................
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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 proposed 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 2002-NM-
336-AD.

    Applicability: Model EMB-135 and EMB-145 series airplanes, 
certificated in any category, as listed in EMBRAER Service Bulletin 
145-30-0032, Change 02, dated December 3, 2001.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (e) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct oxidation of the pitot-true air 
temperature (TAT) relay, which could result in increased resistance 
and overheating of the relay and consequent smoke in the cockpit; 
and to detect and correct oxidation of the full authority digital 
engine control (FADEC) electronic interface resistor modules, which 
could result in in-flight uncommanded engine power roll back to 
idle; accomplish the following:

Inspection and Cleaning of Pitot-TAT Relays

    (a) For airplanes identified in paragraph 1.A.(1) (``PART I'') 
of EMBRAER Service Bulletin 145-30-0032, Change 02, dated December 
3, 2001: Within 400 flight hours

[[Page 9609]]

after the effective date of this AD, perform a detailed inspection 
to detect contamination of the pitot-TAT relays and clean the relay/
connector pins and sockets, in accordance with the Accomplishment 
Instructions (``PART I'') of the service bulletin. If any 
contamination remains after cleaning: Prior to further flight, 
replace each contaminated relay, relay socket, and relay socket 
contact with a new part, in accordance with the service bulletin.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Inspection of FADEC Interface Resistor Modules

    (b) For airplanes identified in paragraph 1.A.(3) (``PART III'') 
of EMBRAER Service Bulletin 145-30-0032, Change 02, dated December 
3, 2001: Within 400 flight hours after the effective date of this 
AD, perform a detailed inspection to detect contamination (including 
moisture and corrosion) of the left- and right-hand FADEC electronic 
interface resistor modules, in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-76-0003, dated April 
22, 2002. Then do the applicable corrective actions specified in 
paragraphs (b)(1) and (b)(2) of this AD.
    (1) If any contamination is found during the inspection: Before 
further flight, clean the resistor modules and/or their respective 
electrical connector pins, in accordance with Service Bulletin 145-
76-0003, dated April 22, 2002.
    (2) If any contamination remains after cleaning the modules and 
pins as specified in paragraph (b)(1) of this AD: Before further 
flight, replace the modules and connectors with new parts, as 
applicable, in accordance with Service Bulletin 145-76-0003, dated 
April 22, 2002.
    (3) Following accomplishment of any corrective action specified 
in paragraph (b)(1) or (b)(2) of this AD: Before further flight, 
perform the ohmic resistance test of the left- and right-hand FADEC 
electronic interface resistor modules, and accomplish applicable 
troubleshooting procedures, in accordance with Service Bulletin 145-
76-0003, dated April 22, 2002.

Console Panel Sealing

    (c) For airplanes identified in paragraph 1.A.(2) (``PART II'') 
of EMBRAER Service Bulletin 145-30-0032, Change 02, dated December 
3, 2001: Before further flight following accomplishment of the 
requirements of paragraph (a) of this AD, modify the seal between 
the cockpit console panels and the storm window by applying PVC foam 
adhesive tape and sealant, in accordance with the Accomplishment 
Instructions (``PART II'') of the service bulletin.

Protective Sheet Installation

    (d) For airplanes identified in paragraph 1.A.(3) (``PART III'') 
of EMBRAER Service Bulletin 145-30-0032, Change 02, dated December 
3, 2001: Before further flight following accomplishment of the 
requirements of paragraph (b) of this AD, install new protective 
sheets at the relay supports in accordance with the Accomplishment 
Instructions (``PART III'') of the service bulletin.

Alternative Methods of Compliance

    (e) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (f) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Note 4: The subject of this AD is addressed in Brazilian 
airworthiness directives 2001-05-01R1, dated February 6, 2002, and 
2002-10-03, dated October 24, 2002.


    Issued in Renton, Washington, on February 21, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-4738 Filed 2-27-03; 8:45 am]
BILLING CODE 4910-13-P