[Federal Register Volume 71, Number 37 (Friday, February 24, 2006)]
[Rules and Regulations]
[Pages 9434-9436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1409]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23283; Directorate Identifier 2005-NM-185-AD; 
Amendment 39-14483; AD 2006-04-02]
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: Final rule.

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

SUMMARY: The FAA is adopting 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 AD requires 
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 AD also requires 
doing a terminating modification, which ends the repetitive 
inspections. 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 over-heating 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: This AD becomes effective March 31, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 31, 
2006.

ADDRESSES: You may examine the 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., Nassif Building, 
room PL-401, Washington, DC.
    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 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:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to all EMBRAER Model EMB-
135 airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes. That NPRM was published in the Federal 
Register on December 13, 2005 (70 FR 73668). That NPRM proposed to 
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. That NPRM also proposed 
to require doing a terminating modification, which ends the repetitive 
inspections.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We received no comments on the NPRM or on the 
determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

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

[[Page 9435]]



                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          Number  of
                                                    Average                   Cost per      U.S.-
               Action                Work  hours   labor rate     Parts       airplane    registered                      Fleet cost
                                                    per hour                              airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection, per inspection cycle...            1          $65         None          $65          651  $42,315, per 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 products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-04-02 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14483. Docket No. FAA-2005-23283; Directorate 
Identifier 2005-NM-185-AD.

Effective Date

    (a) This AD becomes effective March 31, 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     EMBRAER Service
           For Model--              specified in--        Bulletin--
------------------------------------------------------------------------
EMB-135ER, -135KE, -135KL, and -  paragraph (g) of    145-30-0042, dated
 135LR airplanes and Model EMB-    this AD.            April 18, 2005.
 145, -145ER, -145MR, -145LR, -   paragraph (i) of    145-30-0041, dated
 145XR, -145MP, and -145EP         this AD.            April 20, 2005.
 airplanes.
EMB-135BJ airplanes.............  paragraph (g) of    145LEG-30-0012,
                                   this AD.            dated April 18,
                                  paragraph (i) of     2005.
                                   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.



[[Page 9436]]


    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 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, effective 
September 5, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use the service documents identified in Table 2 of 
this AD to perform the actions that are required by this AD, unless 
the AD specifies otherwise. The Director of the Federal Register 
approved the incorporation by reference of these documents in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Empresa 
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, 
Sao Jose dos Campos--SP, Brazil, for a copy of this service 
information. You may review copies at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street SW., 
room PL-401, Nassif Building, Washington, DC; on the Internet at 
http://dms.dot.gov; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

              Table 2.--Material Incorporated by Reference
------------------------------------------------------------------------
         Embraer Service Bulletin                       Date
------------------------------------------------------------------------
145-30-0041...............................  April 20, 2005.
145-30-0042...............................  April 18, 2005.
145LEG-30-0011............................  April 20, 2005.
145LEG-30-0012............................  April 18, 2005.
------------------------------------------------------------------------


    Issued in Renton, Washington, on February 3, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-1409 Filed 2-23-06; 8:45 am]
BILLING CODE 4910-13-P