[Federal Register Volume 69, Number 85 (Monday, May 3, 2004)]
[Proposed Rules]
[Pages 24095-24097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9905]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 69, No. 85 / Monday, May 3, 2004 / Proposed 
Rules  

[[Page 24095]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-36-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ and EMB-145XR Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-135BJ 
and EMB-145XR series airplanes. This proposal would require 
installation of an additional indication device to the clear ice 
indication system. This action is necessary to prevent an undetected 
in-flight buildup of clear ice on airplane control surfaces, which 
could lead to reduced controllability of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by June 2, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2004-NM-36-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. 2004-NM-36-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 2004-NM-36-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. 2004-NM-36-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Departamento 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-135BJ and EMB-145XR series 
airplanes. The DAC advises that a risk assessment has shown that the 
reliability level of the clear ice indication system is not sufficient. 
This condition, if not corrected, could result in undetected in-flight 
buildup of clear ice on airplane control surfaces, which could lead to 
reduced controllability of the airplane.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletins 145-30-0035, Revision 01 (for 
Model EMB-145XR series airplanes), dated September 2, 2003; and 145LEG-
30-0002 (for Model EMB-135BJ series airplanes), dated September 2, 
2003. These service bulletins describe procedures for installation of 
an additional indication device to the clear ice indication system. The 
DAC classified these service bulletins as mandatory and issued 
airworthiness directive 2004-01-01, dated January 27, 2004, to ensure 
the continued airworthiness of these airplanes in Brazil.
    Operators should be aware that Service Bulletin 145LEG-30-0002 (for 
Model EMB-135BJ series airplanes), dated September 2, 2003, specifies 
prior or concurrent accomplishment of EMBRAER Service Bulletin 145LEG-
25-0027, dated May 7, 2003, which describes procedures for removal of 
the Inlet Turbine Temperature (ITT)-related placard from the main panel 
of the cockpit.

[[Page 24096]]

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 applicable service bulletins described 
previously, except as discussed below.

Differences Between Proposed Rule and Foreign Airworthiness Directive

    The Brazilian airworthiness directive applies to ``all EMB-145XR 
and EMB-135BJ aircraft in operation.'' The service bulletins apply to 
certain EMB-145XR and EMB-135BJ series airplanes having certain serial 
numbers. As coordinated with the DAC, this proposed AD applies only to 
those airplanes having serial numbers listed in the service bulletins.

Cost Impact

    The FAA estimates that 49 airplanes of U.S. registry would be 
affected by this proposed AD. The average labor rate is $65 per work 
hour. Costs per airplane are listed in Table 1 of this proposed AD. 
Based on these figures, the cost impact of the proposed AD on U.S. 
operators is estimated to be $74,475.

                                            Table 1.--Cost Estimates
----------------------------------------------------------------------------------------------------------------
                                                                 No. of                                Cost per
                       Airplane model                          airplanes    Work hours   Parts cost    airplane
----------------------------------------------------------------------------------------------------------------
EMB-145XR...................................................           41           15         $460       $1,435
EMB-135BJ...................................................            8           23          460        1,955
----------------------------------------------------------------------------------------------------------------

    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 2004-NM-36-
AD.

    Applicability: Model EMB-135BJ and EMB-145XR series airplanes, 
certificated in any category, as listed in EMBRAER Service Bulletin 
145-30-0035, Revision 01, dated September 2, 2003; or 145LEG-30-
0002, dated September 2, 2003.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent undetected in-flight buildup of clear ice on airplane 
control surfaces, which could lead to reduced controllability of the 
airplane, accomplish the following:

Service Bulletin References

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the following service bulletins, as 
applicable:
    (1) For Model EMB-145XR series airplanes: EMBRAER Service 
Bulletin 145-30-0035, Revision 01, dated September 2, 2003; and
    (2) For Model EMB-135BJ series airplanes: EMBRAER Service 
Bulletin 145LEG-30-0002, dated September 2, 2003.
    (b) Actions accomplished before the effective date of this AD in 
accordance with EMBRAER Service Bulletin 145-30-0035, dated July 16, 
2003, are considered acceptable for compliance with the 
corresponding actions specified in this AD.

Modification of Clear Ice Indication System

    (c) Within 24 months or 5,000 flight hours after the effective 
date of this AD, whichever comes first, install an additional 
indication device to the clear ice indication system in accordance 
with the Accomplishment Instructions of the applicable service 
bulletin.

Concurrent Service Bulletin

    (d) For airplanes listed in EMBRAER Service Bulletin 145LEG-30-
0002, dated September 2, 2003: Prior to or concurrent with the 
accomplishment of paragraph (c) of this AD, remove the Inlet Turbine 
Temperature (ITT)-related placard from the main panel of the cockpit 
in accordance with the Accomplishment Instructions of EMBRAER 
Service Bulletin 145LEG-25-0027, dated May 7, 2003.

Alternative Methods of Compliance

    (e) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116,

[[Page 24097]]

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 2004-01-01, dated January 27, 2004.


    Issued in Renton, Washington, on April 23, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-9905 Filed 4-30-04; 8:45 am]
BILLING CODE 4910-13-P