[Federal Register Volume 70, Number 158 (Wednesday, August 17, 2005)]
[Proposed Rules]
[Pages 48339-48342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16262]



[[Page 48339]]

-----------------------------------------------------------------------

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-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

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

-----------------------------------------------------------------------

SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to certain EMBRAER airplane models as 
identified above. The original NPRM would have required modifying the 
total air temperature (TAT) sensor heating system. The original NPRM 
was prompted by a report indicating that the fully automated digital 
electronic control (FADEC) unit failed to compensate for ice accretion 
on the engine fan blades due to a false temperature signal from the TAT 
sensor to the FADEC. This action revises the original NPRM by requiring 
modification of additional electrical connections for the TAT sensor 
heating system. This action also would expand the applicability of the 
original NPRM because the additional electrical connections must be 
modified on airplanes that had the TAT sensor heating system modified 
previously (e.g., in production). This action also adds replacing the 
FADEC assemblies with new or modified assemblies as an additional means 
of compliance. We are proposing this supplemental NPRM to prevent 
failure of the TAT sensor, which could result in insufficient thrust to 
take off or (if coupled with the loss of an engine during takeoff) to 
abort the takeoff in a safe manner, and consequent reduced 
controllability of the airplane.

DATES: We must receive comments on this supplemental NPRM by September 
12, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this supplemental NPRM.
     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.
     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. This docket 
number is FAA-2004-18564; the directorate identifier for this docket is 
2004-NM-16-AD.

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

    We invite you to submit any relevant written data, views, or 
arguments regarding this supplemental NPRM. Send your comments to an 
address listed under ADDRESSES. Include ``Docket No. 2000-FAA-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 this supplemental NPRM. 
We will consider all comments received by the closing date and may 
amend this supplemental NPRM in light of those comments.
    We will post all comments submitted, 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 supplemental NPRM. 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 can visit http://dms.dot.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 in the Nassif Building at the DOT 
street address stated in ADDRESSES. Comments will be available in the 
AD docket shortly after the Docket Management System (DMS) receives 
them.

Discussion

    We proposed to amend 14 CFR part 39 with a notice of proposed 
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original 
NPRM''). The original NPRM applies to certain EMBRAER Model EMB-135 and 
-145 series airplanes. The original NPRM was published in the Federal 
Register on July 8, 2004 (69 FR 41209). The original NPRM proposed to 
require modifying the total air temperature (TAT) sensor heating 
system.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145-30-0028, Revision 09, dated 
March 1, 2004. The original NPRM refers to EMBRAER Service Bulletin 
145-30-0028, Revision 08, dated August 20, 2003, as the appropriate 
source of service information for modifying the TAT sensor heating 
system. Part III of the Accomplishment Instructions of Revision 09 of 
the service bulletin adds new procedures for modifying certain 
electrical connections. These electrical connections must be modified 
on airplanes on which any previous revision of EMBRAER Service Bulletin 
145-30-0028 was done. Accomplishing the actions specified in the 
service information is intended to adequately address the unsafe 
condition.
    The Departmento de Aviacao Civil (DAC) mandated Revision 09 of the 
service bulletin and issued Brazilian airworthiness directive 2004-01-
02R2, dated November 29, 2004, to ensure the continued airworthiness of 
these airplanes in Brazil. (The original NPRM referred to Brazilian 
airworthiness directive 2004-01-02, dated January 27, 2004, as the 
parallel Brazilian airworthiness directive.)

[[Page 48340]]

    We have revised paragraph (f) of this supplemental NPRM to require 
modifying the TAT sensor heating system in accordance with Revision 09 
of the service bulletin. In addition, we have revised paragraph (g) of 
this supplemental NPRM to state that actions accomplished in accordance 
with Revisions 04 through 08 of the service bulletin are acceptable for 
compliance with paragraph (f), provided that the additional actions 
specified in Part III of Revision 09 of the service bulletin are 
accomplished. We have also revised paragraph (c), Applicability, of 
this supplemental NPRM to state that this supplemental NPRM applies to 
airplanes identified in Revision 09 of the service bulletin.
    Brazilian airworthiness directive 2004-01-02R2 also includes an 
additional means of compliance. Brazilian airworthiness directive 2004-
01-02R2 states that incorporating full-authority digital engine control 
(FADEC) software version 7.6 (or subsequent versions) on both engines 
is an alternative to modifying the TAT sensor heating system. EMBRAER 
has issued the service bulletins listed in the table below, which 
describe procedures for replacing the existing FADEC assemblies with 
new or modified assemblies that have FADEC software version 7.6, 
including verifying the part number of the ITT trim plug and replacing 
it with an ITT trim plug of another part number if necessary. These 
service bulletins also refer to the Rolls-Royce service bulletins 
listed in the table below as additional sources of service information 
for replacing the FADEC assemblies.

                               Service Information for Replacing FADEC Assemblies
----------------------------------------------------------------------------------------------------------------
                                                                                                Which refers to
    EMBRAER service Bulletin           Revision              Date         For EMBRAER model--     Rolls-Royce
                                                                                              service bulletin--
----------------------------------------------------------------------------------------------------------------
145-73-0021.....................  Original..........  July 23, 2004.....  EMB-135ER, -135KE,  AE3007A-73-071
                                                                           -135KL, -135LR, -
                                                                           145, -145ER, -
                                                                           145MR, -145LR, -
                                                                           145XR, -145MP,
                                                                           and -145EP.
145-73-0022.....................  01................  July 15, 2004.....  EMB-135ER, -135KE,  AE3007A-73-067
                                                                           -135KL, -135LR, -
                                                                           145, -145ER, -
                                                                           145MR, -145LR, -
                                                                           145XR, -145MP,
                                                                           and -145EP.
145-73-0023.....................  Original..........  June 28, 2004.....  EMB-135ER, -135KE,  AE3007A-73-070
                                                                           -135KL, -135LR, -
                                                                           145, -145ER, -
                                                                           145MR, -145LR, -
                                                                           145XR, -145MP,
                                                                           and -145EP.
145-73-0024.....................  01................  July 15, 2004.....  EMB-135ER, -135KE,  AE3007A-73-069
                                                                           -135KL, -135LR, -
                                                                           145, -145ER, -
                                                                           145MR, -145LR, -
                                                                           145XR, -145MP,
                                                                           and -145EP.
145-73-0025.....................  Original..........  July 23, 2004.....  EMB-135ER, -135KE,  AE3007A-73-068
                                                                           -135KL, -135LR, -
                                                                           145, -145ER, -
                                                                           145MR, -145LR, -
                                                                           145XR, -145MP,
                                                                           and -145EP.
145-73-0026.....................  Original..........  June 28, 2004.....  EMB-145XR.........  AE3007A-73-072
145LEG-73-0003..................  01................  July 15, 2004.....  EMB-135BJ.........  AE3007A-73-070
145LEG-73-0004..................  02................  October 6, 2004...  EMB-135BJ.........  AE3007A-73-072
----------------------------------------------------------------------------------------------------------------

    The EMBRAER service bulletins listed in the table above also 
specify that installing the new or modified FADEC assemblies that have 
FADEC software version 7.6 also necessitates installing new engine 
indication and crew alerting system (EICAS) and central maintenance 
computer (CMC) versions.

Comments

    We have considered the following comments on the original NPRM.

Request for Credit for Actions Accomplished Previously

    Two commenters request that we revise the original NPRM to give 
credit for actions that they have previously accomplished on their 
airplane fleets. One commenter asks for credit for modifying the TAT 
sensor heating system in accordance with EMBRAER Service Bulletin 145-
30-0028, dated September 20, 1999; Change 01, dated March 23, 2000; 
Change 02, dated December 27, 2000; or Change 03, dated February 15, 
2001. The commenter states that many of its airplanes have been 
modified in accordance with the original issue and Change 01 of the 
service bulletin. Thus, revising the original NPRM would alleviate the 
burden of the commenter requesting approval of an alternative method of 
compliance (AMOC) and of the FAA addressing these AMOC requests. The 
other commenter states that EMBRAER Service Bulletin 145-30-0028, 
Changes 02 and 03, should be listed as acceptable previous revisions. 
The second commenter states no justification for its request.
    We do not concur. EMBRAER Service Bulletin 145-30-0028, Revision 
04, dated March 13, 2001, states that additional work is necessary on 
airplanes modified in accordance with the original issue or Changes 01 
through 03. Also, Brazilian airworthiness directive 2004-01-02R1 refers 
to only Revisions 04 and subsequent of the service bulletin for 
compliance. Similarly, paragraph (g) of this supplemental NPRM (and the 
original NPRM) gives credit for modifications done before the effective 
date of this AD in accordance with EMBRAER Service Bulletin 145-30-
0028, Revision 04; Revision 05, dated May 24, 2001; Revision 06, dated 
September 26, 2001;

[[Page 48341]]

Revision 07, dated April 10, 2003; or Revision 08. Operators may 
request approval of an AMOC for actions done in accordance with other 
revisions of the service bulletin. An operator's request should include 
copies of the applicable service bulletins, and data substantiating 
that the actions that have been accomplished provide an acceptable 
level of safety. We have not changed this supplemental NPRM in this 
regard.

Request To Extend the Compliance Time

    One commenter requests that we extend the compliance time of 90 
days that is stated in paragraph (f) of the original NPRM. The 
commenter states that, due to the large number of airplanes needing to 
be modified, 90 days is not enough time. The commenter does not specify 
what it would like the compliance time to be.
    We agree that it is appropriate to extend the compliance time. In 
developing an appropriate compliance time for this supplemental NPRM, 
we considered the manufacturer's recommendation, the DAC's 
recommendation, and the number of airplanes that would be subject to 
the proposed requirements. We balanced these factors against the degree 
of urgency associated with the subject unsafe condition. In light of 
all of these factors, we find that a 180-day compliance time represents 
an appropriate interval of time for affected airplanes to continue to 
operate without compromising safety. We find that extending the 
compliance time in this way will ensure that the majority of affected 
operators are able to comply with the requirements of this AD during 
regularly scheduled maintenance. We have coordinated with the DAC on 
this issue, and they agree with our decision to extend the compliance 
time.

Explanation of Change to Applicability

    We have revised the applicability of the original NPRM to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    Certain changes discussed above expand the scope of the original 
NPRM; therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this supplemental NPRM.

Costs of Compliance

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

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

    For airplanes modified in accordance with Revisions 04 through 08 
of the service bulletin, it would take about 1 work hour per airplane 
to do the additional modification specified in Part III of the 
Accomplishment Instructions of the service bulletin, at an average 
labor rate of $65 per work hour. Based on these figures, the estimated 
cost of doing this proposed action is $65 per airplane.

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 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 supplemental NPRM. 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 September 12, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ, -135ER, -135KE, 
-135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes; as identified in EMBRAER Service Bulletin

[[Page 48342]]

145-30-0028, Revision 09, dated March 1, 2004; certificated in any 
category.

Unsafe Condition

    (d) This AD was prompted by a report indicating 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) 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 180 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 09, 
dated March 1, 2004.

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, provided that the additional actions specified in PART 
III of the Accomplishment Instructions of EMBRAER Service Bulletin 
145-30-0028, Revision 09, dated March 1, 2004, are accomplished 
within the compliance time required by paragraph (f) of this AD.

          Table 1.--Previous Revisions of the Service Bulletin
------------------------------------------------------------------------
    EMBRAER service bulletin        Revision               Date
------------------------------------------------------------------------
145-30-0028....................              04  March 13, 2001.
145-30-0028....................              05  May 24, 2001.
145-30-0028....................              06  September 26, 2001.
145-30-0028....................              07  April 10, 2003.
145-30-0028....................              08  August 20, 2003.
------------------------------------------------------------------------

Credit for Replacement of FADEC Assemblies

    (h) Replacing the existing FADEC assemblies with new or modified 
FADEC assemblies that include software version 7.6, in accordance 
with the Accomplishment Instructions of the applicable service 
bulletin listed in Table 2 of this AD, is acceptable for compliance 
with paragraph (f) of this AD. If the FADEC assemblies are replaced 
with new or modified assemblies as specified in this paragraph, all 
applicable engine indication and crew alerting system (EICAS) and 
central maintenance computer (CMC) upgrades, as well as any other 
applicable actions associated with upgrading the EICAS and CMC, must 
also be done, as specified in paragraph 1.C., ``Description--Time 
for Accomplishment'' of the applicable EMBRAER service bulletin.

                           Table 2.--Service Bulletins for Upgrading FADEC Assemblies
----------------------------------------------------------------------------------------------------------------
        For EMBRAER model--            EMBRAER service bulletin           Revision                  Date
----------------------------------------------------------------------------------------------------------------
EMB-135ER, -135KE, -135KL, -135LR, - 145-73-0021.................  Original..............  July 23, 2004.
 145, -145ER, -145MR, -145LR, -
 145XR, -145MP, and -145EP.
EMB-135ER, -135KE, -135KL, -135LR, - 145-73-0022.................  01....................  July 15, 2004.
 145, -145ER, -145MR, -145LR, -
 145XR, -145MP, and -145EP.
EMB-135ER, -135KE, -135KL, -135LR, - 145-73-0023.................  Original..............  June 28, 2004.
 145, -145ER, -145MR, -145LR, -
 145XR, -145MP, and -145EP.
EMB-135ER, -135KE, -135KL, -135LR, - 145-73-0024.................  01....................  July 15, 2004.
 145, -145ER, -145MR, -145LR, -
 145XR, -145MP, and -145EP.
EMB-135ER, -135KE, -135KL, -135LR, - 145-73-0025.................  Original..............  July 23, 2004.
 145, -145ER, -145MR, -145LR, -
 145XR, -145MP, and -145EP.
EMB-145XR..........................  145-73-0026.................  Original..............  June 28, 2004.
EMB-135BJ..........................  145LEG-73-0003..............  01....................  July 15, 2004.
EMB-135BJ..........................  145LEG-73-0004..............  02....................  October 6, 2004.
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (i) 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

    (j) Brazilian airworthiness directive 2004-01-02R2, dated 
November 29, 2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on August 9, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-16262 Filed 8-16-05; 8:45 am]
BILLING CODE 4910-13-P