[Federal Register Volume 69, Number 130 (Thursday, July 8, 2004)]
[Proposed Rules]
[Pages 41209-41210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15517]



[[Page 41209]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18564; Directorate Identifier 2004-NM-16-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Model EMB-135 and -145 series airplanes. This proposed AD 
would require modifying the total air temperature (TAT) sensor heating 
system. This proposed AD is prompted by a report that the fully 
automated digital electronic control (FADEC) unit failed to compensate 
for ice accretion on the engine fan blades, which was caused by a false 
temperature signal from the TAT sensor to the FADEC. We are proposing 
this AD to prevent failure of the TAT sensor, which could result in 
insufficient thrust either to take off or, if coupled with the loss of 
an engine during takeoff, could result in the inability to abort the 
takeoff in a safe manner, and consequent reduced controllability of the 
airplane.

DATES: We must receive comments on this proposed AD by August 9, 2004.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 
12.225, Sao Jose dos Campos--SP, Brazil.
    You may examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, on 
the plaza level of the Nassif Building, Washington, DC.

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:

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-18564; 
Directorate Identifier 2004-NM-16-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the Docket

    You can examine the AD docket in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the DOT street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after the DMS 
receives them.

Discussion

    The Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified us that an unsafe condition may exist on 
certain Model EMB-135 and -145 series airplanes. The DAC advises that, 
during a flight test, the fully automated digital electronic control 
(FADEC) unit failed to increase the engine thrust during takeoff to 
compensate for ice accretion (buildup) on the engine fan blades. 
Investigators found that the failure happened because the total air 
temperature (TAT) sensor heating element was operated excessively on 
the ground. The TAT sensor then sent a false temperature signal to the 
FADEC. This false signal indicated that the ambient (outside air) 
temperature was higher than the actual temperature reading. If an 
airplane is taking off in ambient temperatures that are low enough to 
lead to ice accretion on the engine fan blades, it is possible that the 
FADEC would not receive the true temperature reading and, therefore, 
would fail to compensate for the ice accretion. Insufficient thrust 
could result in failure to take off, or, if coupled with the loss of an 
engine during takeoff, could result in the inability to abort the 
takeoff in a safe manner, and consequent reduced controllability of the 
airplane.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145-30-0028, Revision 08, dated 
August 20, 2003. The service bulletin describes procedures for 
modifying the TAT sensor heating system. The modification includes 
installing new sockets and relays, changing certain

[[Page 41210]]

electrical connections, connecting wires to the new relays, stowing and 
insulating certain wires, testing the electrical connections for 
continuity, and doing an operational test of the TAT sensor heating 
system. We have determined that accomplishing the actions specified in 
the service information will adequately address the unsafe condition.
    The DAC mandated the service information and issued Brazilian 
airworthiness directive 2004-01-02, dated January 27, 2004, to ensure 
the continued airworthiness of these airplanes in Brazil.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in Brazil and are type 
certificated for operation in the United States under the provisions of 
Sec.  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. We have examined the DAC's findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require modifying 
the TAT sensor heating system. The proposed AD would require using the 
service information described previously to perform these actions.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

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                                                                                                                          Number of U.S.-
                         Action                             Work hours     Average labor       Parts         Cost per       registered      Fleet cost
                                                                           rate per hour                     airplane        airplanes
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Modify the TAT sensor heating system....................               8             $65            $443            $963             434        $417,942
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Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2004-18564; Directorate Identifier 2004-NM-16-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by August 9, 2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model EMB-135 and -145 series airplanes; 
as listed in EMBRAER Service Bulletin 145-30-0028, Revision 08, 
dated August 20, 2003; certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a report that the fully automated 
digital electronic control (FADEC) unit failed to compensate for ice 
accretion on the engine fan blades, which was caused by a false 
temperature signal from the total air temperature (TAT) sensor to 
the FADEC. We are issuing this AD to prevent failure of the TAT 
sensor, which could result in insufficient thrust either to take off 
or, if coupled with the loss of an engine during takeoff, could 
result in the inability to abort the takeoff in a safe manner, and 
consequent reduced controllability of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Modification

    (f) Within 90 days after the effective date of this AD: Modify 
the TAT sensor heating system in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-30-0028, Revision 08, 
dated August 20, 2003.

Modifications Done According to Previous Revisions of the Service 
Bulletin

    (g) Modifications done before the effective date of this AD in 
accordance with the revisions of the service bulletin in Table 1 of 
this AD are acceptable for compliance with the corresponding action 
in this AD.

           Table 1--Previous Revisions of the Service Bulletin
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     EMBRAER service bulletin       Revision              Date
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145-30-0028......................         07   April 10, 2003.
145-30-0028......................         06   Sept. 26, 2001.
145-30-0028......................         05   May 24, 2001.
145-30-0028......................         04   March 13, 2001.
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Alternative Methods of Compliance (AMOCs)

    (h) The Manager, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

Related Information

    (i) Brazilian airworthiness directive 2004-01-02, dated January 
27, 2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on June 30, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-15517 Filed 7-7-04; 8:45 am]
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