[Federal Register Volume 70, Number 238 (Tuesday, December 13, 2005)]
[Proposed Rules]
[Pages 73668-73671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23954]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23283; Directorate Identifier 2005-NM-185-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 Airplanes; and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all EMBRAER Model EMB-135 airplanes; and Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This proposed AD 
would require repetitive inspections of the pitot static heating relay 
K0057 for damage to the pin-type contacts, relay enclosure, and 
finishing material and corrective actions if necessary. This proposed 
AD also would require doing a terminating modification, which ends the 
repetitive inspections. This proposed AD results from a report of a 
burning drain hose and smoke caused by an overheated pitot static 
heating relay. We are proposing this AD to prevent overheating of a 
certain pitot static heating relay, which could result in the burning 
of the windowsill drain hoses and consequent smoke or fire in the 
airplane cockpit.

DATES: We must receive comments on this proposed AD by January 12, 
2006.

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.
     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.
    Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service 
information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

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 in the ADDRESSES section. Include the docket number ``FAA-2005-
23283; Directorate Identifier 2005-NM-185-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 received 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 
that 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 may 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.

Examining the Docket

    You may 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 Docket Management System 
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 
all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 
airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes. The DAC advises that a pitot static heating relay 
overheated, causing a direct-vision windowsill drain hose to burn. This 
condition, if not corrected, could result in smoke or fire in the 
airplane cockpit.

Relevant Service Information

    EMBRAER has issued the following service information:

[[Page 73669]]



----------------------------------------------------------------------------------------------------------------
        EMBRAER service bulletin--                   Dated--                            Model--
----------------------------------------------------------------------------------------------------------------
145-30-0041..............................  April 20, 2005............  EMB-135ER, -135KE, -135KL, and -135LR
                                                                        airplanes; and Model EMB-145, -145ER, -
                                                                        145MR, -145LR, -145XR, -145MP, and -
                                                                        145EP airplanes.
145-30-0042..............................  April 18, 2005............
145LEG-30-0011...........................  April 20, 2005............  EMB-135BJ airplanes.
145LEG-30-0012...........................  April 18, 2005............
----------------------------------------------------------------------------------------------------------------

    EMBRAER Service Bulletins 145-30-0042 and 145LEG-30-0012 describe 
procedures for doing repetitive visual inspections of pitot static 
heating relay K0057 for damage to the pin-type contacts, relay 
enclosure, and finishing material; and doing the corrective action if 
necessary. The visual inspection includes the following actions:
     Inspecting the sides of the silicone gasket for melted 
points or material stuck to the surface of the silicone gasket.
     Inspecting the relay enclosure for bellied surfaces, 
dents, and any crack in the paint of the enclosure.
     Inspecting the pin-type contacts for discolored, loosened, 
or missing contacts.
     Inspecting contact bases of the relay for any crack, loose 
material, or damaged sealant.
     Inspecting the pin-type contacts for any contaminants.
     Inspecting the relay surface where the pin-type contacts 
attach for any stuck material or roughness on the relay surface.
    The corrective action is to replace the pitot static heating relay 
K0057 with a new part if any damage to the pin-type contacts, relay 
enclosure, and finishing material is found.
    EMBRAER Service Bulletins 145-30-0041 and 145LEG-30-0011 describe 
procedures for doing a modification, which ends the repetitive 
inspections. The modification includes the following actions:
     Replacing the direct-vision windowsill drain hoses and 
tiedown straps with new, improved drain hoses and tiedown straps.
     Reworking a certain drain hose and installing a new hose, 
tube, and tiedown straps.
     For Model EMB-135BJ airplanes, the modification in EMBRAER 
Service Bulletins 145LEG-30-0011 also includes rerouting the drain 
hoses of the left and right cockpit horizontal linings.
    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 
2005-08-04, dated September 5, 2005, 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 
section 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 airplanes 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, except as discussed under ``Differences Between 
the Proposed AD and Service Bulletins.''

Difference Between the Proposed AD and Service Bulletins

    EMBRAER Service Bulletins 145-30-0042 and 145LEG-30-0012 specify 
contacting the manufacturer if damage to components for the relay 
support is found. These service bulletins also specify returning any 
relay that fails an inspection to the airplane manufacturer. However, 
this proposed AD would not require those actions.

Clarification of Inspection Terminology

    The ``visual inspection'' specified in the EMBRAER service 
bulletins is referred to as a ``general visual inspection'' in this 
proposed AD. We have included the definition for a general visual 
inspection in a note in the proposed AD.

Costs of Compliance

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

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                Number of U.S.-
             Action                  Work hours      Average labor rate        Parts             Cost per          registered           Fleet cost
                                                          per hour                              airplanes          airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection, per inspection       1.................  $65...............  None.............  $65..............  651..............  $42,315, per
 cycle.                                                                                                                            inspection cycle.
Terminating modification.......  2.................  $65...............  $270.............  $400.............  651..............  $260,400.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

[[Page 73670]]

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 proposed AD and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-23283; Directorate Identifier 2005-NM-185-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by January 
12, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER Model EMB-135BJ, -135ER, -
135KE, -135KL, and -135LR airplanes; and Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes; certificated in 
any category.

Unsafe Condition

    (d) This AD results from a report of a burning drain hose and 
smoke caused by an overheated pitot static heating relay. We are 
issuing this AD to prevent overheating of a certain pitot static 
heating relay, which could result in the burning of the windowsill 
drain hoses and consequent smoke or fire in the airplane cockpit.

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.

Service Bulletin References

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the service bulletins identified in 
Table 1 of this AD, as applicable:

                                      Table 1.--Service Bulletin References
----------------------------------------------------------------------------------------------------------------
                                            For the actions specified
               For model--                            in--                     EMBRAER service bulletin--
----------------------------------------------------------------------------------------------------------------
EMB-135ER, -135KE, -135KL, and -135LR      paragraph (g) of this AD..  145-30-0042, dated April 18, 2005.
 airplanes; and Model EMB-145, -145ER, -
 145MR, -145LR, -145XR, -145MP, -145EP
 airplanes.
                                           paragraph (i) of this AD..  145-30-0041, dated April 20, 2005.
EMB-135BJ airplanes......................  paragraph (g) of this AD..  145LEG-30-0012, dated April 18, 2005.
                                           paragraph (i) of this AD..  145LEG-30-0011, dated April 20, 2005.
----------------------------------------------------------------------------------------------------------------

Repetitive Inspections

    (g) Within 600 flight hours or 180 days after the effective date 
of this AD, whichever is first: Do a general visual inspection of 
pitot static heating relay K0057 for damage to the pin-type 
contacts, relay enclosure, and finishing material, and do the 
corrective action as applicable, by accomplishing all of the 
applicable actions specified in the applicable service bulletin; 
except as provided by paragraph (h) of this AD. The corrective 
actions must be done before further flight. Repeat the inspection 
thereafter at intervals not to exceed 500 flight hours, until the 
terminating modification required by paragraph (i) of this AD is 
accomplished.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

Service Bulletin Exceptions

    (h) Although EMBRAER Service Bulletin 145-30-0042, dated April 
18, 2005, and EMBRAER Service Bulletin 145LEG-30-0012, dated April 
18, 2005, specify contacting the manufacturer if damage to 
components for the relay support is found and also specify returning 
any relay that fails an inspection to the airplane manufacturer, 
this AD does not include those requirements.

Terminating Modification

    (i) Within 6,000 flight hours or 30 months after the effective 
date of this AD, whichever is first: Do the applicable actions 
specified in paragraphs (i)(1), (i)(2), and (i)(3) of this AD. 
Accomplishing all the applicable actions specified in this paragraph 
terminates the inspections required by paragraph (g) of this AD.
    (1) For all airplanes, replace the direct-vision windowsill 
drain hoses having part number (P/N) 123-15435-401 and -403 with 
new, improved hoses having P/N 145-13044-001 and P/N 145-13047-001, 
as applicable, and replace the tiedown straps with new tiedown 
straps, in accordance with Figure 1 of the service bulletin.
    (2) For all airplanes, rework the drain hose having P/N 123-
15435-405, in accordance with Figure 1 of the service bulletin.
    (3) For Model EMB-135BJ airplanes, reroute the drain hoses of 
the left and right cockpit horizontal linings, in accordance with 
Figure 2 of the service bulletin.

Alternative Methods of Compliance (AMOCs)

    (j)(1) 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to

[[Page 73671]]

which the AMOC applies, notify the appropriate principal inspector 
in the FAA Flight Standards Certificate Holding District Office.

Related Information

    (k) Brazilian airworthiness directive 2005-08-04, dated 
September 5, 2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on December 6, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23954 Filed 12-12-05; 8:45 am]
BILLING CODE 4910-13-P