[Federal Register Volume 69, Number 117 (Friday, June 18, 2004)]
[Proposed Rules]
[Pages 34091-34094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13869]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-271-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 Empresa Brasileira de 
Aeronautica S.A. (EMBRAER) Model EMB-135 and -145 series airplanes. 
This proposal would require inspecting the pilot's and co-pilot's seat 
tracks for proper locking of the seats, and adjusting or replacing the 
seat tracks, if necessary. This action is necessary to prevent 
uncommanded movement of the pilot's or co-pilot's seat, which could 
result in interference with the operation of the airplane and 
consequent temporary loss of airplane control. This action is intended 
to address the identified unsafe condition.

DATES: Comments must be received by July 19, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-271-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-271-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,

[[Page 34092]]

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-271-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-271-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 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model 
EMB-135 and -145 series airplanes. The DAC advises that there have been 
a number of cases reported where flight crews had difficulty fitting 
the lock pin into the track of their seats during seat adjustments due 
to damage in the seat track locking holes. This condition, if not 
corrected, could result in uncommanded movement of the pilot's or co-
pilot's seat, which could result in interference with the operation of 
the airplane and consequent temporary loss of airplane control.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin (SB) 145-53-0027, Revision 03, 
dated February 5, 2004, which describes procedures for inspecting for 
proper locking of the seats to the pilot's and co-pilot's seat tracks; 
related investigative actions, if necessary; and corrective actions, if 
necessary. The related investigative actions include checking for 
proper fitting of the locking pins, performing a detailed inspection of 
the seat track alignment, and measuring the seat track holes for 
excessive wear. The corrective actions include the following: Adjusting 
the seat track alignment; reworking seat track holes; and replacing the 
seat track with a new, improved seat track, if necessary.
    Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition. The DAC 
recommended this service bulletin as mandatory and issued Brazilian 
airworthiness directive 2002-09-01, dated September 23, 2002, in order 
to assure the continued airworthiness of these airplanes in Brazil.
    For certain airplanes, EMBRAER SB 145-53-0027 recommends prior or 
concurrent accomplishment of the Accomplishment Instructions of SICMA 
Aero Seat SB 147-25-020, Issue 2, dated December 22, 2003. The service 
bulletin describes procedures for replacing the locking pin and the 
locking spring with new parts, and adding a modification placard.

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 described below.

Difference Between This Proposed AD and the Brazilian Airworthiness 
Directive

    We have determined that the requirements of Part I of the Brazilian 
airworthiness directive include repetitive inspections or inspections 
that conflict with Parts II and III of the Brazilian airworthiness 
directive. Therefore, this proposed AD would not require the actions of 
Part I of the Brazilian airworthiness directive.
    The manufacturer has revised EMBRAER SB 145-53-0027 to recommend a 
new service bulletin by SICMA Aero Seat (147-25-020) for concurrent 
accomplishment, and to update the Effectivity section of the EMBRAER 
service bulletin. The DAC has not issued a revised, or corresponding, 
airworthiness directive, although accomplishment of the SICMA service 
bulletin may be considered mandatory for operators of these aircraft in 
Brazil. This proposed AD would require accomplishment of the SICMA Aero 
Seat service bulletin, and would specify the updated effectivity of the 
EMBRAER service bulletin. These issues have been coordinated with the 
Brazilian authority.

Differences Between Proposed Rule and Service Bulletin

    Although the service bulletin specifies that operators may contact 
the manufacturer for disposition of certain repair conditions, this 
proposal would require operators to repair those conditions per a 
method approved by either the FAA or the DAC (or its delegated agent). 
In light of the type of repair that would be required to address the 
unsafe condition, and consistent with existing bilateral airworthiness

[[Page 34093]]

agreements, we have determined that, for this proposed AD, a repair 
approved by either the FAA or the DAC would be acceptable for 
compliance with this proposed AD.

Cost Impact

    The FAA estimates that 459 airplanes of U.S. registry would be 
affected by this proposed AD. The following table shows the estimated 
cost impact for airplanes affected by this AD. The average labor rate 
is $65 per work hour.

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                                            Number of
                  Action                    airplanes     Work               Parts cost                                  Total cost
                                             affected    hours
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Inspection (Part I of EMBRAER SB 145-53-           459        4  (none)...........................  $119,340, or $260 per airplane.
 0027, Revision 03, February 5, 2004).
Inspection and Alignment (Part III of              348        4  (none)...........................  $90,480, or $260 per airplane.
 EMBRAER SB145-53-0027, Revision 03,
 February 5, 2004).
Locking Pin and Spring Replacement (SICMA          459        1  $684.............................  $343,791, or $749 per airplane.
 Aero Seat SB 147-25-020, Issue 2,
 December 22, 2003).
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    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 proposed 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-
271-AD.

    Applicability: Model EMB-135, and -145 series airplanes, as 
listed in EMBRAER Service Bulletin 145-53-0027, Revision 03, dated 
February 5, 2004; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent uncommanded movement of the pilot's or copilot's 
seat, which could result in interference with the operation of the 
airplane and consequent temporary loss of airplane control, 
accomplish the following:

Inspection and Other Actions Per Parts I and II of the Service Bulletin

    (a) For airplanes with serial numbers (S/N) 145004 through 
145362 inclusive, and 145364 through 145384 inclusive: Within 500 
flight hours after the effective date of this AD, perform general 
visual and detailed inspections of the seat tracks of the pilot's 
and copilot's seats for proper locking of the seats, and do all 
applicable related investigative actions and corrective actions by 
accomplishing all the actions of Part I and Part II of the 
Accomplishment Instructions of EMBRAER SB 145-53-0027, Revision 03, 
February 5, 2004; except as provided by paragraph (d) of this AD. 
Repeat the inspections/related investigative actions of this 
paragraph thereafter at intervals not to exceed 500 flight hours 
until the seat tracks are replaced with new seat tracks having P/N 
145-33669-601 per Part II of the Accomplishment Instructions of the 
service bulletin.
    (1) Before further flight, accomplish any related investigative 
actions.
    (2) Within 50 flight hours after the inspection, accomplish any 
applicable corrective action per Part II of the Accomplishment 
Instructions of the service bulletin.

    Note 1: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''


    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Concurrent Service Bulletin

    (b) For airplanes with the same serial numbers listed in 
paragraph (a) of this AD: Prior to or concurrent with the actions 
specified in paragraph (a) of this AD, replace the locking pin and 
spring with new parts in accordance with the Accomplishment 
Instructions of SICMA Aero Seat Service Bulletin 147-25-020, Issue 
2, dated December 22, 2003.

Inspection and Other Actions Per Part III of the Service Bulletin

    (c) For airplanes with S/N 145291 through 145559 inclusive, 
except for S/N 145363, 145411, 145412, 145431, 145447, 145451, 
145462, 145464, 145484, 145490, 145495, 145505, 145509, 145516, 
145524, 145528, 145540, 145549, 145551, and 145555: Within

[[Page 34094]]

500 flight hours after the effective date of this AD, perform 
general visual and detailed inspections of the tracks of the pilot's 
and copilot's seats for proper locking of seats, and do all 
applicable related investigative and corrective actions by 
accomplishing all of the actions in Part III of the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-53-0027, Revision 03, 
dated February 5, 2004, except as provided by paragraph (d) of this 
AD. Do the actions per the service bulletin. Accomplish any related 
investigative action or corrective action before further flight.

Certain Repairs

    (d) Where the EMBRAER service bulletin recommends contacting 
EMBRAER for appropriate action: Before further flight, repair per a 
method approved by either the Manager, International Branch, ANM-
116, FAA, Transport Airplane Directorate; or the Departamento de 
Aviacao Civil (or its delegated agent).

Actions Accomplished Per Previous Issue of Service Bulletin

    (e) Accomplishment of the actions specified in EMBRAER Service 
Bulletin 145-53-0027, Revision 02, dated January 24, 2003, before 
the effective date of this AD, is considered acceptable for 
compliance with the requirements of paragraphs (a) and (c) of this 
AD.

Alternative Methods of Compliance

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

    Note 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 2002-09-01, dated September 23, 2002.


    Issued in Renton, Washington, on June 10, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-13869 Filed 6-17-04; 8:45 am]
BILLING CODE 4910-13-P