[Federal Register Volume 69, Number 89 (Friday, May 7, 2004)]
[Proposed Rules]
[Pages 25523-25525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10431]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-47-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 replacing the 
electrical harness for the tail boom strobe light with a new, improved 
harness that has a built-in metallic overbraid, and performing an 
operational test following the replacement. This action is necessary to 
ensure that there is sufficient lightning bonding at the electrical 
harness for the tail boom strobe light, and to prevent the simultaneous 
failure of multiple avionics systems in the event of a lightning 
strike, which could result in reduced controllability of the airplane. 
This action is intended to address the identified unsafe condition.

DATES: Comments must be received by June 7, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2004-NM-47-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-47-AD'' in the subject line and need not 
be submitted

[[Page 25524]]

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-47-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-47-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 operators have reported damage to several components 
of the electrical system, which was caused by lightning strikes to the 
fuselage. Investigation revealed that the root cause of the damage is 
an insufficient bonding at the electrical harness for the tail boom 
strobe light. A lightning strike in this area could lead to the 
simultaneous failure of multiple avionics systems, which could result 
in reduced controllability of the airplane.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-33-0032, dated November 5, 
2003 (for Model EMB-135 and -145 series airplanes, except Model EMB-
135BJ series airplanes); and Service Bulletin 145LEG-33-0004, dated 
November 5, 2003 (for Model EMB-135BJ series airplanes).
    These service bulletins describe procedures for replacing the tail 
boom strobe light electrical harness with a new, improved harness that 
has a built-in metallic overbraid. The replacement includes cleaning 
the affected area; installing a new harness and a new grommet; and 
performing an operational test of the navigation lights and anti-
collision light following the replacement. Accomplishment of the 
actions specified in the service bulletins is intended to adequately 
address the identified unsafe condition.
    The DAC classified these service bulletins as mandatory and issued 
Brazilian airworthiness directive 2004-01-05, dated February 5, 2004, 
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 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 bulletins described previously, 
except as discussed below.

Difference Between Proposed Rule and Brazilian Airworthiness Directive

    Brazilian airworthiness directive 2004-01-05, dated February 5, 
2004, is applicable to ``all EMB-145 ( ) and EMB-135 ( ) aircraft 
models in operation.'' However, this does not agree with EMBRAER 
Service Bulletin 145-33-0032, dated November 5, 2003, and Service 
Bulletin 145LEG-33-0004, dated November 5, 2003, which state that only 
certain EMB-145 and EMB-135 series airplanes are affected and 
identifies them by serial number. This proposed AD would be applicable 
only to the airplanes listed in the service bulletins. This difference 
has been coordinated with the DAC.

Cost Impact

    We estimate that 548 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 replacement, and that the average 
labor rate is $65 per work hour. Required parts would cost between $915 
and $1,255 per airplane, depending upon the airplane configuration. 
Based on these figures, the cost impact of the proposed AD on U.S. 
operators is estimated to be between $572,660 and $758,980, or between 
$1,045 and $1,385 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.

[[Page 25525]]

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-47-
AD.

    Applicability: Model EMB-135 and -145 series airplanes, as 
listed in EMBRAER Service Bulletin 145-33-0032 and 145LEG-33-0004, 
both dated November 5, 2003; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that there is sufficient lightning bonding at the 
electrical harness for the tail boom strobe light, and to prevent 
the simultaneous failure of multiple avionics systems in the event 
of a lightning strike, which could result in reduced controllability 
of the airplane, accomplish the following:

Replacement and Test

    (a) Within 5,000 flight hours or 30 months after the effective 
date of this AD, whichever occurs first: Replace the electrical 
harness of the tail boom strobe light with a new, improved harness 
that has a built-in metallic overbraid, and perform an operational 
test on the navigation lights and the anti-collision light after the 
replacement. Do the actions per the Accomplishment Instructions of 
the applicable service bulletin in paragraph (a)(1) or (a)(2) of 
this AD.
    (1) EMBRAER Service Bulletin 145-33-0032, dated November 5, 2003 
(for Model EMB-135 and -145 series airplanes, except Model EMB-135BJ 
series airplanes).
    (2) EMBRAER Service Bulletin 145LEG-33-004, dated November 5, 
2003 (for Model EMB-135BJ series airplanes).

Alternative Methods of Compliance

    (b) 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 2004-01-05, dated February 5, 2004.


    Issued in Renton, Washington, on April 29, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10431 Filed 5-6-04; 8:45 am]
BILLING CODE 4910-13-P