[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Proposed Rules]
[Pages 36081-36084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12314]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-36-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain EMBRAER Model EMB-135BJ and EMB-
145XR series airplanes, that would have required installation of an 
additional indication device to the clear-ice indication system. This 
new action revises the proposed rule by changing the description of the 
unsafe condition, and by adding instructions for modifying certain 
existing circuits, replacing an existing indicator lamp with a new, 
improved lamp, and performing other required corrections/modifications. 
The actions specified by this new proposed AD are intended to prevent 
undetected build-up of clear ice on the wing surfaces, which could lead 
to reduced controllability of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by July 18, 2005.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2004-NM-36-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 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-36-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, 1601 Lind 
Avenue, SW., Renton, Washington.

[[Page 36082]]


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-36-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-36-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain EMBRAER Model EMB-135BJ and EMB-145XR series airplanes, was 
published as a notice of proposed rulemaking (NPRM) in the Federal 
Register on May 3, 2004 (69 FR 24095). The original NPRM would have 
required installation of an additional indication device to the clear-
ice indication system. The original NPRM was prompted by a report that 
a risk assessment has shown that the reliability level of the clear-ice 
indication system is not sufficient. The original NPRM stated that that 
condition, if not corrected, could result in an undetected in-flight 
buildup of clear ice on airplane control surfaces, which could lead to 
reduced controllability of the airplane.

Comments

    Due consideration has been given to the comments received in 
response to the original NPRM.

Support for the Original NPRM

    One commenter supports the original NPRM and asserts support for 
all actions related to improved detection of airframe icing.

Request To Revise Unsafe Condition

    Another commenter, the manufacturer, requests that the description 
of the unsafe condition be revised. The commenter states that ``* * * 
undetected in-flight buildup of clear ice on airplane control surfaces, 
* * *'' is not correct, since the clear ice system operates only when 
the airplane is on the ground, and that the ice builds up on the ``wing 
surfaces,'' not the ``airplane control surfaces.''
    We agree with this request. We have determined that the description 
of the unsafe condition as written in the original NPRM is incorrect, 
and have therefore revised the wording to read ''* * * undetected 
buildup of clear ice on the wing surfaces, ``* * *'' in this 
supplemental NPRM.

Request To Cite New Service Information

    The same commenter requests that we change the citations for 
applicable service information specified in the original NPRM. The 
commenter states that it has received reports of problems in 
accomplishing the service bulletins and has issued new revisions. These 
service bulletins include the following revisions:
     Changed and restructured effectivity;
     Additional instructions added to the Accomplishment 
Instructions; and
     Changes and additions to certain parts kits, text, and 
figures.
    The commenter also states that the concurrent accomplishment of 
EMBRAER Service Bulletin 145LEG-25-0027, dated May 7, 2003, is 
unnecessary and should be deleted. The commenter states that the 
concurrent service bulletin has no effect on correcting the unsafe 
condition.
    The commenter requests that the original NPRM be revised to 
reference these revised service bulletins as the appropriate sources of 
information for accomplishing the specified actions.
    We agree with this request. We have determined that the revisions 
to the service bulletins clarify and improve operator ability to 
correct the unsafe condition and that the specified concurrent action 
is unnecessary. Therefore, we have revised the supplemental NPRM to 
reference EMBRAER Service Bulletins 145-30-0035, Revision 02 (for Model 
EMB-145XR series airplanes), dated January 6, 2005; and 145LEG-30-0002, 
Revision 01 (for Model EMB-135BJ series airplanes), dated January 4, 
2005; as the appropriate sources of service information for 
accomplishing the proposed actions. We have revised the Cost Impact and 
Applicability sections and paragraphs (a), (b), and (c) of the 
supplemental NPRM; deleted paragraph (d) of the original NPRM; and 
reidentified paragraph (e) of the supplemental NPRM accordingly.
    The Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, approved EMBRAER Service Bulletins 145-30-0035, 
Revision 02, and 145LEG-30-0002, Revision 01, but, at this time, does 
not intend to revise Brazilian airworthiness directive 2004-01-01, 
dated January 27, 2004 (which the original NPRM references as the 
Brazillian airworthiness directive that parallels the original NPRM). 
The DAC does not consider it neccessary to revise Brazilian 
airworthiness directive 2004-01-01 because that airworthiness directive 
refers to EMBRAER Service Bulletins 145-30-0035, Revision 01, and 
145LEG-30-0002, or further approved revisions, as the acceptable 
sources of service information for certain actions in that 
airworthiness directive. However, as stated above, we have determined 
that it is necessary to issue a supplemental NPRM and reopen the 
comment period to provide additional opportunity for public comment. We 
have coordinated this issue with the DAC.

[[Page 36083]]

Conclusion

    Since these changes expand the scope of the originally proposed 
rule, the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

Cost Impact

    The FAA estimates that about 49 airplanes of U.S. registry would be 
affected by this proposed AD. The average labor rate is $65 per work 
hour.
    For 41 Model EMB-145XR airplanes, it would take 16 work hours per 
airplane to accomplish the proposed actions. Required parts would cost 
between $242 and $817 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators of Model EMB-145XR 
airplanes is estimated to be between $52,562 and $76,137, or between 
$1,282 and $1,857 per airplane.
    For 8 Model EMB-135BJ airplanes, it would take 16 work hours per 
airplane to accomplish the proposed actions. Required parts would cost 
between $240 and $820 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators of Model EMB-135BJ 
airplanes is estimated to be between $10,240 and $14,856, or between 
$1,280 and $1,857 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. 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.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

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-36-
AD.

    Applicability: Model EMB-145XR series airplanes, as listed in 
EMBRAER Service Bulletin 145-30-0035, Revision 02, dated January 6, 
2005; and Model EMB-135BJ series airplanes, as listed in EMBRAER 
Service Bulletin 145LEG-30-0002, Revision 01, dated January 4, 2005; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent undetected build-up of clear ice on the wing 
surfaces, which could lead to reduced controllability of the 
airplane, accomplish the following:

Modification of Clear-Ice Indication System

    (a) For Model EMB-145XR series airplanes: Within 24 months or 
5,000 flight hours after the effective date of this AD, whichever 
comes first, perform the actions specified in paragraphs (a)(1) and 
(a)(2) of this AD, as applicable, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-30-0035, 
Revision 02, dated January 6, 2005.
    (1) Install complete electrical connections and provisions to 
add an additional indication device to the clear-ice indication 
system, as specified in the Accomplishment Instructions, Part I.
    (2) Replace the existing clear-ice indication lamp with a new 
lamp having a new part number, as specified in the Accomplishment 
Instructions, Part II.
    (b) For Model EMB-135BJ series airplanes: Within 24 months or 
5,000 flight hours after the effective date of this AD, whichever 
comes first, perform the actions of paragraphs (b)(1), (b)(2), 
(b)(3), and (b)(4) of this AD, as applicable, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-30-
0002, Revision 01, dated January 4, 2005.
    (1) Install complete electrical connections and provisions to 
add an additional indication device to the clear-ice indication 
system, as specified in the Accomplishment Instructions, Part I.
    (2) Modify the electrical connections of factory-provisioned 
airplanes to add an additional indication device to the clear-ice 
indication system, as specified in the Accomplishment Instructions, 
Part II.
    (3) Remove the ``Clear-Ice Inoperative'' placard and reactivate 
the clear-ice additional indicator lamp, as specified in the 
Accomplishment Instructions, Part III.
    (4) Replace the existing clear-ice indicator lamp with a new, 
improved lamp having a new part number, as specified in the 
Accomplishment Instructions, Part IV or Part V.

Actions Accomplished per Previous Issues of Service Bulletins

    (c) Actions accomplished before the effective date of this AD in 
accordance with Part I of EMBRAER Service Bulletin 145-30-0035, 
dated July 16, 2003, or Revision 01, dated September 2, 2003; or 
Part I, Part II, and Part III of EMBRAER Service Bulletin 145LEG-30-
0002, dated September 2, 2004; as applicable; are considered 
acceptable for compliance with the corresponding actions specified 
in this AD.

Alternative Methods of Compliance

    (d) 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.


[[Page 36084]]


    Note 1: The subject of this AD is addressed in Brazilian 
airworthiness directive 2004-01-01, dated January 27, 2004.


    Issued in Renton, Washington, on June 14, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12314 Filed 6-21-05; 8:45 am]
BILLING CODE 4910-13-P