[Federal Register Volume 69, Number 213 (Thursday, November 4, 2004)]
[Proposed Rules]
[Pages 64262-64263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24632]



[[Page 64262]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19526; Directorate Identifier 2004-NM-140-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ 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 EMBRAER Model EMB-135BJ series airplanes. This proposed AD 
would require modifying the electrical wiring for the ``stick pusher'' 
system. This proposed AD is prompted by a report that the stick pushers 
are not being inhibited when the AP/PUSH/TRIM switches are activated, 
which can result in reduced controllability of the airplane if there is 
a system malfunction. We are proposing this AD to prevent reduced 
controllability of the airplane if the stick pusher system 
malfunctions.

DATES: We must receive comments on this proposed AD by December 6, 
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 gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov 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 can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person 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:
    Technical information: 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.
    Plain language information: Marcia Walters, [email protected].

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 relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19526; 
Directorate Identifier 2004-NM-140-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 website, 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 
can 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 on the Internet at http://dms.dot.gov, or 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 Departamento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified us that an unsafe condition may exist on 
certain EMBRAER Model EMB-135BJ series airplanes. The DAC advises that 
the ``stick pushers'' are not inhibited when the AP/PUSH/TRIM switches 
are activated. The switches are installed on the control wheels for the 
pilot and co-pilot. The stick pushers are part of the stall protection 
system and are automatically activated when an airplane approaches a 
stall condition. If the stick pushers cannot be inhibited, the workload 
for the pilot and co-pilot is increased because they have to exert 
additional physical force against the control wheels to control the 
airplane. Malfunction of the stick pusher system could result in 
reduced controllability of the airplane.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145LEG-27-0009, dated March 1, 
2004. The service bulletin describes procedures for modifying the 
electrical wiring for the stick pusher system. Accomplishing the 
actions specified in the service information is intended to adequately 
address the unsafe condition. The DAC mandated the service information 
and issued Brazilian airworthiness directive 2004-04-02, dated May 6, 
2004, to ensure the continued airworthiness of these airplanes in 
Brazil.

FAA's Determination and Requirements of the Proposed AD

    This airplane model is manufactured in Brazil and is type 
certificated for operation in the United States under the

[[Page 64263]]

provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 
21.29) and the applicable bilateral airworthiness agreement. According 
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 we 
need to issue an AD 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 electrical wiring for the stick pusher system. The proposed AD 
would require you to use 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.

                                                 Estimated Costs
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                                                                                       Number  of
                                               Average                    Cost per        U.S.-
           Action              Work  hours   labor rate       Parts       airplane     registered    Fleet cost
                                              per hour                                  airplanes
----------------------------------------------------------------------------------------------------------------
Modification................            2           $65            $7          $137             7          $959
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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-
2004-19526; Directorate Identifier 2004-NM-140-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by December 6, 2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ series airplanes, 
serial numbers 145462, 145495, 145505, 145528, 145625, 145637, and 
145642; certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a report that the stick pushers are 
not being inhibited when the AP/PUSH/TRIM switches are activated, 
which can result in reduced controllability of the airplane if there 
is a system malfunction. We are issuing this AD to prevent reduced 
controllability of the airplane if the stick pusher system 
malfunctions.

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 of Electrical Wiring

    (f) Within 400 flight hours or 180 calendar days after the 
effective date of this AD, whichever is first: Modify the wiring for 
the stick pusher system by accomplishing all of the actions 
specified in the Accomplishment Instructions of EMBRAER Service 
Bulletin 145LEG-27-0009, dated March 1, 2004.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, International Branch, 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

    (h) Brazilian airworthiness directive 2004-04-02, dated May 6, 
2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on October 21, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-24632 Filed 11-3-04; 8:45 am]
BILLING CODE 4910-13-P