[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Proposed Rules]
[Pages 10360-10362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4930]



[[Page 10360]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-104-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 supersedure of an existing 
airworthiness directive (AD), applicable to all Model EMB-135 and -145 
series airplanes, that currently requires repetitive inspections of the 
engine thrust reverser stow/transit switches, and corrective action, if 
necessary. This action would continue to require the existing 
requirements and would identify the installation of certain new transit 
switches, which would constitute terminating action for the repetitive 
inspections. This action would also reduce the applicability. The 
actions specified by the proposed AD are intended to prevent erroneous 
signals in the Engine Indicating and Crew Alerting System (EICAS) 
caused by internal corrosion of the thrust reverser stow/transit 
switches, which could result in uncommanded loss of engine power in 
flight, or unnecessary aborted takeoffs on the ground. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by April 5, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-104-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-104-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:
     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.
     For each issue, state what specific change to 
the proposed AD is being requested.
     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 2003-NM-104-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-104-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On August 13, 2001, the FAA issued AD 2001-17-03, amendment 39-
12394 (66 FR 43766, August 21, 2001), applicable to all Empresa 
Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and -145 series 
airplanes, to require repetitive inspections of the engine thrust 
reverser stow/transit switches, and corrective action, if necessary. 
That action was prompted by cases of internal corrosion found on the 
stow/transit switches installed in the engine thrust reversers of 
EMBRAER Model EMB-145 series airplanes. Erroneous messages of ``ENG ( ) 
REV DISAGREE'' or ``ENG ( ) REV FAIL'' were displayed in the Engine 
Indicating and Crew Alerting System (EICAS) because of this corrosion. 
In one case, a transit switch severely contaminated by corrosion 
resulted in an uncommanded engine rollback to idle in flight. Several 
cases of aborted takeoffs were also reported due to ``ENG ( ) REV 
DISAGREE'' messages during takeoff. The requirements of that AD are 
intended to prevent erroneous signals in the EICAS caused by internal 
corrosion of the thrust reverser stow/transit switches, which could 
result in uncommanded loss of engine power in flight, or unnecessary 
aborted takeoffs on the ground.

Actions Since Issuance of Previous Rule

    The preamble to AD 2001-17-03 explains that we considered the 
requirements ``interim action'' and were considering further 
rulemaking. We now have determined that further rulemaking is indeed 
necessary, and this proposed AD follows from that determination.

Explanation of Relevant Service Information

    Empresa Brasileira de Aeronautica S.A. (EMBRAER) has issued EMBRAER 
Service Bulletin 145LEG-78-0006, Revision 01, dated January 31, 2003; 
and EMBRAER Service Bulletin 145-78-0035, Revision 02, dated January 
31, 2003; which describe procedures for replacing certain transit 
switches with new transit switches having new part numbers.
    The Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, approved and recommended these service bulletins

[[Page 10361]]

and issued Brazilian Airworthiness Directive 2001-05-03R3, dated April 
22, 2003, 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 us informed of the 
situation described above. We have 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 supersede AD 2001-17-03 to 
continue to require repetitive inspections of the engine thrust 
reverser stow/transit switches, and corrective action, if necessary. 
The proposed AD also would require installation of new transit 
switches, which would constitute terminating action for the repetitive 
inspections required by AD 2001-17-03. The actions would be required to 
be accomplished in accordance with the service bulletins described 
previously, except as discussed below.

Differences Between the Proposed Rule and the Brazilian AD

    This proposed AD would apply to Model EMB-135BJ series airplanes, 
as listed in EMBRAER Service Bulletin 145LEG-78-0006, Revision 01, 
dated January 31, 2003; and Model EMB-135 and -145 series airplanes as 
listed in EMBRAER Service Bulletin 145-78-0035, Revision 02, dated 
January 31, 2003; certificated in any category. The Brazilian AD 
applies to ``all EMBRAER EMB-145 and EMB-135 aircraft models in 
operation.'' We find that a reference to the applicability in the 
service bulletins is more specific regarding which airplane serial 
numbers are affected by this proposed AD.
    This proposed AD would require installing new transit switches, 
which would terminate the repetitive inspections. The Brazilian 
airworthiness directive provides the terminating action as an option. 
We can better ensure long-term continued operational safety by design 
changes to remove the source of the problem, rather than by repetitive 
inspections. Long-term inspections may not provide the degree of safety 
necessary for the transport airplane fleet. This determination, along 
with a better understanding of the human factors associated with 
numerous continual inspections, has led us to consider placing less 
emphasis on inspections and more emphasis on design improvements. The 
proposed installation requirement is consistent with these conditions.

Explanation of Change to Applicability

    While AD 2001-17-03 applied to all EMBRAER Model EMB-135 and -145 
series airplanes, this proposed AD would apply only to airplanes of 
certain serial numbers as specified in the EMBRAER service bulletins. 
The airplane serial numbers that are eliminated from the applicability 
of this proposed AD have an equivalent modification that is factory-
incorporated.

Cost Impact

    There are approximately 365 airplanes of U.S. registry that would 
be affected by this proposed AD.
    The inspections that are currently required by AD 2001-17-03 take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the currently required actions on U.S. operators is estimated 
to be $23,725, or $65 per airplane, per inspection cycle.
    The new actions that are proposed in this AD action would take 
approximately 2 work hours per airplane to accomplish, at an average 
labor rate of $65 per work hour. Required parts would cost 
approximately $194 per airplane. Based on these figures, the cost 
impact of the proposed requirements of this AD on U.S. operators is 
estimated to be $118,260, or $324 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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 removing amendment 39-12394 (66 FR 
43766, August 21, 2001), and by adding a new airworthiness directive 
(AD), to read as follows:

Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket 2003-NM-
104-AD. Supersedes AD 2001-17-03, Amendment 39-12394.

    Applicability: Model EMB-135BJ series airplanes, as listed in 
EMBRAER Service Bulletin 145LEG-78-0006, Revision 01, dated January 
31, 2003; and Model EMB-135 and -145 series airplanes, as listed in 
EMBRAER Service Bulletin 145-78-0035, Revision 02, dated January 31, 
2003; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.

[[Page 10362]]

    To prevent erroneous signals in the Engine Indicating and Crew 
Alerting System (EICAS) caused by internal corrosion of the thrust 
reverser stow/transit switches, which could result in uncommanded 
loss of engine power in flight, or unnecessary aborted takeoffs on 
the ground, accomplish the following:

Restatement of the Requirements of AD 2001-17-03

Initial and Repetitive Inspections, and Corrective Action, if 
Necessary

    (a) For Model EMB-135 and -145 series airplanes: Prior to the 
accumulation of 2,000 total flight hours, or within 400 flight hours 
after September 5, 2001 (the effective date of AD 2001-17-03, 
amendment 39-12394), whichever occurs later, perform the inspection 
required by paragraph (b) of this AD and repeat the inspection at 
intervals not to exceed 1,200 flight hours.
    (b) For Model EMB-135 and -145 series airplanes: Inspect each of 
the six stow/transit switches on the 1 and 2 
engine thrust reversers by conducting a megohmmeter test to measure 
insulation resistance according to the Accomplishment Instructions 
of EMBRAER Service Bulletin 145-78-0029, dated February 2, 2001. If 
insulation resistance measures 100 megohms or less, before further 
flight, replace the switch with a new switch in accordance with the 
service bulletin.

Spares

    (c) For Model EMB-135 and -145 series airplanes: As of September 
5, 2001, no person shall install, on any airplane, a stow/transit 
switch part number 83-990-137 or 83-990-152 unless it has been 
inspected in accordance with this AD.

New Actions Required by This AD

Service Bulletin Reference

    (d) The term ``service bulletin,'' as used in the remainder of 
this AD, means the Accomplishment Instructions of the following 
service bulletins, as applicable:
    (1) For Model EMB-135BJ series airplanes: EMBRAER Service 
Bulletin 145LEG-78-0006, Revision 01, dated January 31, 2003; and
    (2) For Model EMB-135 and -145 series airplanes: EMBRAER Service 
Bulletin 145-78-0035, Revision 02, dated January 31, 2003.

Terminating Action

    (e) Install new transit switches having part number 83-990-168, 
on both engines of the airplane, at the time indicated in paragraph 
(e)(1) or (e)(2), as applicable, in accordance with the applicable 
service bulletin. Accomplishment of the new part installation 
constitutes terminating action for the inspections required by 
paragraph (a) of this AD.
    (1) For airplanes that have accomplished the inspection required 
by paragraph (a) of this AD: Within 1,200 flight hours from the 
completion of the last inspection required by paragraph (a) of this 
AD that was performed before the effective date of this AD, or 
within 400 flight hours after the effective date of this AD, 
whichever occurs later.
    (2) For airplanes that have not accomplished any inspection 
required by paragraph (a) of this AD: Prior to the accumulation of 
2,000 total flight hours, or within 400 hours after the effective 
date of this AD, whichever occurs later.

Actions Accomplished Per Previous Issue of Service Bulletin

    (f) Installation of new transit switches having part number 83-
990-168 on both engines of the airplane accomplished before the 
effective date of this AD, in accordance with EMBRAER Service 
Bulletin 145-78-0035, dated October 4, 2002; EMBRAER Service 
Bulletin 145-78-0035, Revision 01, dated December 11, 2002; or 
EMBRAER Service Bulletin 145LEG-78-0006, dated January 13, 2003; is 
considered acceptable for compliance with the terminating action 
required by paragraph (e) of this AD.

Alternative Methods of Compliance

    (g) 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 1: The subject of this AD is addressed in Brazilian 
airworthiness directive 2001-05-03R3, dated April 22, 2003.


    Issued in Renton, Washington, on February 23, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-4930 Filed 3-4-04; 8:45 am]
BILLING CODE 4910-13-P