[Federal Register Volume 68, Number 220 (Friday, November 14, 2003)]
[Proposed Rules]
[Pages 64572-64574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28495]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-330-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 
EMB-145 series airplanes. This proposal would require relocating the 
pitot 1 and pitot 2 drain valves from the nose landing gear (NLG) 
compartment to the forward electronic compartment, and accomplishing 
follow-on actions. This action is necessary to prevent ice from 
damaging the pitot drain valves, which could cause airspeed indication 
errors, resulting in display of erroneous or misleading information to 
the flight crew. This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by December 15, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-330-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-330-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), PO 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 Docket Number 2002-NM-330-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

[[Page 64573]]

FAA, Transport Airplane Directorate, ANM-114, Attention: Rules Docket 
No. 2002-NM-330-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 advises that water accumulates in the pitot 1 and pitot 2 drain 
valves in the nose landing gear (NLG) compartment where they are 
subjected to freezing temperatures. Frozen water in the drain valve can 
expand and cause the pitot drain valves to fail so that the airspeed 
indication system tubing is open to ambient pressure. This condition, 
if not corrected, could result in ice damage to the pitot drain valves, 
which could cause airspeed indication errors, resulting in display of 
erroneous or misleading information to the flight crew.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-34-0070, Change 03, dated 
July 16, 2003, and Service Bulletin 145LEG-34-0002, dated September 23, 
2002, which describe procedures for relocating the pitot 1 and pitot 2 
drain valves from the NLG compartment to the forward electronic 
compartment so that water will not accumulate in the valves and the 
valves are less susceptible to freezing temperatures. The procedures 
also include installing a plug, washers, and a nut to close the hole 
from which the drain valve is removed; replacing an existing placard 
with a new placard; and applying sealant on the placard. Accomplishment 
of the actions specified in the applicable service bulletin is intended 
to adequately address the identified unsafe condition. The DAC 
classified these service bulletins as mandatory and issued Brazilian 
Airworthiness Directive 2002-06-01R1, dated November 8, 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 
Sec.  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.

Cost Impact

    The FAA estimates that 374 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 2 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $65 per work hour. Required parts would cost 
approximately between $301 and $304 per airplane. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be between $161,194 and $162,316, or between $431 and $434 
per airplane.
    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:

EMBRAER: Docket 2002-NM-330-AD.

    Applicability: Model EMB-135 and -145 series airplanes; as 
listed in EMBRAER Service Bulletin 145-34-0070, Change 03, dated 
July 16, 2003; and EMBRAER Service Bulletin 145LEG-34-0002, dated 
September 23, 2002; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent ice from damaging the pitot drain valves, which could 
cause airspeed indication errors, resulting in display of erroneous 
or misleading information to the flight crew, accomplish the 
following:

Relocation

    (a) Within 2,000 flight hours or 12 months after the effective 
date of this AD, whichever occurs first: Relocate the pitot 1 and 
pitot 2 drain valves from the nose landing gear (NLG) compartment to 
the forward electronic compartment; and install a plug, washers, and 
a nut to close the hole in the structure where the pitot 1 and pitot 
2 drain valves were removed; per the Accomplishment Instructions of 
EMBRAER Service Bulletin 145-34-0070, Change 03, dated July 16, 
2003; or EMBRAER Service Bulletin 145LEG-34-0002, dated September 
23, 2002; as applicable.

Installation

    (b) After accomplishment of paragraph (a) of this AD but prior 
to further flight: Install a new placard and apply sealant on the 
placard per the Accomplishment Instructions of EMBRAER Service 
Bulletin 145-34-0070, Change 03, dated July 16, 2003; or EMBRAER 
Service Bulletin 145LEG-34-0002, dated September 23, 2002; as 
applicable.

[[Page 64574]]

Actions Accomplished Per Previous Issue of Service Bulletin

    (c) Actions accomplished before the effective date of this AD 
per EMBRAER Service Bulletin 145-34-0070, original issue, dated 
April 23, 2002; EMBRAER Service Bulletin 145-34-0070, Revision 01, 
dated September 23, 2002; and EMBRAER Service Bulletin 145-34-0070, 
Revision 02, dated December 2, 2002; are considered acceptable for 
compliance with the corresponding action specified in this AD.

Alternative Methods of Compliance

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

    Note 1: The subject of this AD is addressed in Brazilian 
airworthiness directive 2002-06-01R1, dated November 8, 2002.



    Issued in Renton, Washington, on November 7, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-28495 Filed 11-13-03; 8:45 am]
BILLING CODE 4910-13-P