[Federal Register Volume 68, Number 242 (Wednesday, December 17, 2003)]
[Proposed Rules]
[Pages 70204-70206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31068]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-34-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 modification of the 
of the mid, aft, and forward upper liners in the baggage compartment. 
The modification would involve replacing the plastic lens protection 
grids on all upper liners with new, light metal lens protection grids. 
This action is necessary to prevent the plastic lens protection grids 
from breaking away and exposing the lens as a source of fire, which 
could lead to fire damage to the aircraft systems and structure, and 
expose the passengers and crew to hazardous quantities of smoke. This 
action is intended to address the identified unsafe condition.

DATES: Comments must be received by January 16, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-34-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. 2003-NM-34-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.

[[Page 70205]]

    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 2003-NM-34-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. 2003-NM-34-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 the plastic lamp/smoke detector covers and joints in 
the baggage compartment do not comply with Section 25.855 of the 
Federal Aviation Regulations (FARs). Section 25.855 (``Improved 
Flammability Standards for Thermal/Acoustic Insulation Materials Used 
in Transport Category Airplanes'') of the FAR (14 CFR 25.855) requires 
that materials used in the construction of cargo or baggage 
compartments meet prescribed flammability tests. This noncompliance 
with the flammability tests of the affected model airplanes has been 
determined to be an unsafe condition. This condition, if not corrected, 
could result in the plastic lens protection grids breaking away and 
exposing the lens as a source of fire, which could lead to fire damage 
to the aircraft systems and structure, and expose the passengers and 
crew to hazardous quantities of smoke.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-25-0168, Change 02, dated 
August 8, 2000, which describes procedures for modification of the mid, 
aft, and forward baggage compartment upper liners to replace the 
plastic lens protection grids on all upper liners with new, light metal 
lens protection grids. Accomplishment of the actions specified in the 
service bulletin is intended to adequately address the identified 
unsafe condition. The DAC classified this service bulletin as mandatory 
and issued Brazilian airworthiness directive 2000-06-01, dated July 3, 
2000, to ensure the continued airworthiness of these airplanes in 
Brazil.
    EMBRAER Service Bulletin 145-25-0168 references C&D Aerospace 
Service Bulletin 145-20216-25-03, Revision 2, dated June 9, 2000, as an 
additional source of service information for accomplishment of the 
modification. The C&D Aerospace service bulletin is included within the 
EMBRAER service bulletin.

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.

Cost Impact

    The FAA estimates that 160 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 7 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $65 per work hour. Parts will be provided by the 
manufacturer at no charge. Based on these figures, the cost impact of 
the proposed AD on U.S. operators is estimated to be $72,800, or $455 
per airplane.
    The cost impact figure discussed above is 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 2003-NM-34-
AD.

    Applicability: Model EMB-135 and -145 series airplanes, having 
serial numbers (S/Ns) 145004 through 145187 inclusive, S/Ns 145191 
through 145196 inclusive, S/N 145200, and S/N 145204; certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the plastic lens protection grids in the baggage 
compartment from breaking away and exposing the lens as a source of 
fire, which could lead to fire damage to the aircraft systems and 
structure, and expose the passengers and crew to hazardous 
quantities of smoke, accomplish the following:


[[Page 70206]]


    Note 1: EMBRAER Service Bulletin 145-25-0168, Change 02, dated 
August 8, 2000, references C&D Aerospace Service Bulletin 145-20216-
25-03, Revision 2, dated June 9, 2000, as an additional source of 
service information for accomplishment of the modification. The C&D 
Aerospace Service Bulletin is included within the EMBRAER service 
bulletin.

Modification

    (a) Within 2,000 flight hours after the effective date of this 
AD: Modify the mid, aft, and forward baggage compartment upper 
liners to replace the plastic lens protection grids on all upper 
liners with new, light metal lens protection grids, according to the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-25-0168, 
Change 02, dated August 8, 2000.

Actions Accomplished Per Previous Issue of Service Bulletin

    (b) Modifications accomplished before the effective date of this 
AD per EMBRAER Service Bulletin 145-25-0168, Change 01, dated April 
13, 2000, are considered acceptable for compliance with the 
corresponding action specified in this AD.

Parts Installation

    (c) As of the effective date of this AD, no person may install 
on any airplane a smoke detector cover having part number 7161119-
507, or a ceiling panel having part number 7161011-507, 7161011-517, 
7161011-519, 7161011-523, 7161011-525, 7161011-527, 7161011-529, 
7161011-531, or 7161011-533.

Alternative Methods of Compliance

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

    Note 2: The subject of this AD is addressed in Brazilian 
airworthiness directive 2000-06-01, dated July 3, 2000.


    Issued in Renton, Washington, on December 5, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-31068 Filed 12-16-03; 8:45 am]
BILLING CODE 4910-13-P