[Federal Register Volume 69, Number 226 (Wednesday, November 24, 2004)]
[Proposed Rules]
[Pages 68270-68272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26030]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19676; Directorate Identifier 2004-NM-138-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 EMBRAER Model EMB-135 and -145 series airplanes. This 
proposed AD would require determining the torque values of the screws 
that attach the seat tracks to the airplane, and corrective action if 
necessary. This proposed AD is prompted by a report of undertorqued 
screws. We are proposing this AD to prevent improper torque of those 
screws, which in the case of a hard landing or a high deceleration 
impact condition could result in damage to the seat and possible 
subsequent injury to the passenger.

DATES: We must receive comments on this proposed AD by December 27, 
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 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-2004-19676; 
Directorate Identifier 2004-NM-138-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

[[Page 68271]]

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 EMBRAER Model EMB-135 and -145 series airplanes. The DAC 
advises that some screws that attach the passenger seat tracks had been 
undertorqued during manufacture. This condition, if not corrected, 
could result in damage to the seat and possible subsequent injury to 
the passenger.

Relevant Service Information

    EMBRAER has issued Service Bulletins 145LEG-53-0015 (for Model EMB-
135 BJ series airplanes) and 145-53-0049 (for Model EMB-135 and -145 
series airplanes), both dated February 16, 2004. The service bulletins 
describe procedures for inspecting for proper torque of the screws that 
attach the seat tracks to the airplane, retorquing the screws if 
necessary, and applying torque seal. 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 2004-05-03, dated June 2, 
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 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 
accomplishing the actions specified in the service information 
described previously.

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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                                                      Average labor
            Airplane(s)                Work hours       rate/hour               Parts              Cost/airplane
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EMB-135 BJ.........................              24             $65  Minimal....................          $1,560
Others.............................              28              65  Minimal....................           1,820
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    The cost for the U.S. fleet of 539 airplanes would be $840,840 to 
$980,980, depending on the airplane model.

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-
2004-19676; Directorate Identifier 2004-NM-138-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by December 27, 2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135 and -145 series 
airplanes, certificated in any category; as listed in EMBRAER 
Service Bulletin 145LEG-53-0015 or 145-53-0049, both dated February 
16, 2004.

Unsafe Condition

    (d) This AD was prompted by a report indicating that some screws 
that attach the passenger seat tracks were undertorqued. We are 
issuing this AD to prevent improper torque of those screws, which in 
the case of a hard landing or a high deceleration impact condition 
could result in damage to the seat and possible subsequent injury to 
the passenger.

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.

Inspection

    (f) Within 5,000 flight hours or 36 months after the effective 
date of this AD, whichever occurst first, determine the torque 
values of the screws that attach the seat tracks to the airplane. 
Use EMBRAER Service Bulletin 145LEG-53-0015 (for Model EMB-135 BJ 
series airplanes) or 145-53-0049 (for the remaining affected 
airplanes), both dated February 16, 2004, to do the inspection. 
Before further flight, retorque any screw having improper torque and 
apply torque seal to all the screws, in accordance with the service 
bulletin.

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.

[[Page 68272]]

Related Information

    (h) Brazilian airworthiness directive 2004-05-03, dated June 2, 
2004, also addresses the subject of this AD.


    Issued in Renton, Washington, on November 10, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-26030 Filed 11-23-04; 8:45 am]
BILLING CODE 4910-13-P