[Federal Register Volume 68, Number 173 (Monday, September 8, 2003)]
[Proposed Rules]
[Pages 52865-52868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22706]


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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: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain EMBRAER Model EMB-135 and -145 
series airplanes, that would have required 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 new action 
revises the applicability of the proposed rule to add airplanes. The 
actions specified by this new proposed AD are intended 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 October 3, 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 or 2000 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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; 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

[[Page 52866]]

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

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain EMBRAER Model EMB-135 and -145 series airplanes, was published 
as a notice of proposed rulemaking (NPRM) in the Federal Register on 
February 28, 2003 (68 FR 9607). That NPRM (the ``original NPRM'') would 
have required 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. The original NPRM was prompted by reports of 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. That 
condition, if not corrected, could result in increased resistance and 
overheating of the relay and consequent smoke in the cockpit.

Comments

    Due consideration has been given to the comments received in 
response to the original NPRM.

Support for the Original NPRM

    The commenters generally support the intent of the original NPRM.

Request to Cite New Service Information

    One commenter, the manufacturer, advises that it has revised one of 
the service bulletins cited in the original NPRM (EMBRAER Service 
Bulletin 145-30-0032, Change 02, dated December 3, 2001). Change 03, 
dated January 27, 2003, was issued to add airplanes to the effectivity. 
The commenter requests that the original NPRM be revised to cite Change 
03 as the appropriate source of service information for the inspection, 
modification, and installation of pitot TAT relays.
    The FAA agrees with the request. The Departmento de Aviacao Civil 
(DAC), which is the airworthiness authority for Brazil, classified 
Change 03 as mandatory and issued Brazilian airworthiness directive 
2001-05-01R2, dated April 22, 2003, to ensure the airworthiness of 
these airplanes in Brazil. The FAA notes that the only difference 
between Change 02 and Change 03 is the effectivity; the procedures are 
the same in both versions of the service bulletin. The applicability 
and paragraphs (a), (c), and (d) have been revised in this supplemental 
NPRM to refer to Change 03 of the service bulletin and provide credit 
for actions done in accordance with Change 02.

Request To Revise Proposed Applicability

    As a result of the revised effectivity in Service Bulletin 145-30-
0032, Service Bulletins 145-30-0032 and 145-76-0003 have different 
effectivity listings. This same commenter requests that the 
applicability of the original NPRM be revised.
    The FAA agrees. To adequately address the identified unsafe 
condition for the affected fleet, the applicability has been revised in 
this supplemental NPRM to include airplanes identified in EMBRAER 
Service Bulletin 145-30-0032, Change 03.

Request To Revise Airplanes Affected by Paragraph (b)

    This same commenter requests that the airplanes identified in 
paragraph (b) of the original NPRM be reidentified to cite airplanes 
listed in EMBRAER Service Bulletin 145-76-0003, dated April 22, 2002.
    The FAA agrees. This change will accurately identify the airplanes 
subject to the proposed module inspection requirement. Paragraph (b) 
has been revised accordingly in this supplemental NPRM.

Request To Follow Different Service Information

    One commenter requests that paragraph (d) of the original NPRM be 
revised to also consider installation of new protective sheets to the 
relay supports as acceptable for compliance with that requirement if 
done in accordance with Part I of EMBRAER Service Bulletin 145-25-0211, 
Change 06, dated December 26, 2002.
    The FAA agrees, finding that the procedures are the same in both 
references. Paragraph (d) has been revised accordingly in this 
supplemental NPRM.

Conclusion

    Since certain changes described above expand the scope of the 
original NPRM, the FAA has determined that it is necessary to reopen 
the comment period to provide additional opportunity for public 
comment.

Changes to 14 CFR Part 39/Effect on the Supplemental NPRM

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's AD system. This 
regulation now includes material that relates to altered products, 
special flight permits, and alternative methods of compliance. Because 
we have now included this material in part 39, we no longer need to 
include it in each individual AD. In this supplemental NPRM, Note 1 and 
paragraph (f) of the original NPRM have been removed, and paragraph (e) 
of the original NPRM has been revised to only identify the office 
authorized to approve AMOCs.

Revised Labor Rate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    The FAA estimates that 365 airplanes of U.S. registry would be 
affected by this supplemental NPRM. The FAA provides the following cost 
estimates to accomplish the proposed actions:

----------------------------------------------------------------------------------------------------------------
                                                               Work hours    Average     Parts cost
                           Action                                 per         hourly        per        Cost per
                                                                airplane    labor rate    airplane     airplane
----------------------------------------------------------------------------------------------------------------
Inspect the pitot-TAT relay.................................            1          $65  ...........          $65

[[Page 52867]]

 
Inspect the FADEC resistor modules..........................            2           65  ...........          130
Seal the lateral console panels and install protective                  3           65          660          855
 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 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 03, dated January 27, 2003.
    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 03, dated January 
27, 2003: Within 400 flight hours 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. Accomplishment of an inspection and applicable 
corrective actions is acceptable for compliance with the 
requirements of this paragraph if done before the effective date of 
this AD in accordance with EMBRAER Service Bulletin 145-30-0032, 
Change 02, dated December 3, 2001.

    Note 1: 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 EMBRAER Service Bulletin 145-76-
0003, dated April 22, 2002: 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 the service 
bulletin. 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 the service bulletin.
    (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 the service bulletin.
    (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 the service bulletin.

Console Panel Sealing

    (c) For airplanes identified in paragraph 1.A.(2) (``PART II'') 
of EMBRAER Service Bulletin 145-30-0032, Change 03, dated January 
27, 2003: 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. Accomplishment 
of the modification before the effective date of this AD is 
acceptable for compliance with the requirements of this paragraph if 
done in accordance with EMBRAER Service Bulletin 145-30-0032, Change 
02, dated December 3, 2001.

Protective Sheet Installation

    (d) For airplanes identified in paragraph 1.A.(3) (``PART III'') 
of EMBRAER Service Bulletin 145-30-0032, Change 03, dated January 
27, 2003: 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. Installation of 
protective sheets before the effective date of this AD is acceptable 
for compliance with the requirements of this paragraph if done in

[[Page 52868]]

accordance with Part I of EMBRAER Service Bulletin 145-25-0211, 
Change 06, dated December 26, 2002, or PART III of EMBRAER Service 
Bulletin 145-30-0032, Change 02, dated December 3, 2001.

Alternative Methods of Compliance

    (e) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, is authorized to approve alternative methods 
of compliance for this AD.

    Note 2: The subject of this AD is addressed in Brazilian 
airworthiness directives 2001-05-01R2, dated April 22, 2003; and 
2002-10-03, dated October 24, 2002.


    Issued in Renton, Washington, on August 29, 2003.

Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-22706 Filed 9-5-03; 8:45 am]
BILLING CODE 4910-13-P