[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Proposed Rules]
[Pages 56900-56903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15947]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / 
Proposed Rules  

[[Page 56900]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25925; Directorate Identifier 2006-NM-167-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 supersede an existing airworthiness 
directive (AD) that applies to all EMBRAER Model EMB-135 airplanes and 
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes. The existing AD requires repetitive inspections of the pitot 
static heating relay K0057 and corrective actions if necessary. The 
existing AD also requires doing a terminating modification, which ends 
the repetitive inspections. This proposed AD would remove the existing 
repetitive inspections and instead would require a one-time detailed 
inspection for damage of the relay, relay socket, and silicone gasket; 
applicable corrective actions; and a new action to modify and re-
identify the relay socket. This proposed AD would also revise the 
existing terminating modification--replacing/rerouting the windowsill 
drain hoses--into two parts, each with a different, reduced compliance 
time. This proposed AD results from a report of smoke in the cockpit. 
We are proposing this AD to prevent ignition of a windowsill drain hose 
by an overheated relay, which could cause fire and smoke in the 
cockpit.

DATES: We must receive comments on this proposed AD by October 30, 
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.
     Governmentwide 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, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; 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 ``Docket No. 
FAA-2006-25925; Directorate Identifier 2006-NM-167-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

    On February 3, 2006, we issued AD 2006-04-02, amendment 39-14483 
(71 FR 9434, February 24, 2006), for all EMBRAER Model EMB-135 
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes. That 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. That AD also requires doing a terminating modification, 
which ends the repetitive inspections. That AD resulted from a report 
of a burning drain hose and smoke caused by an overheated pitot static 
heating relay. We issued that 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.

Actions Since Existing AD Was Issued

    Since we issued AD 2006-04-02, the Agn[ecirc]cia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC), which is the airworthiness 
authority for Brazil, has notified us that an operator reported smoke 
in the cockpit of an airplane that had been inspected in accordance 
with AD 2006-04-02. Investigation revealed that a windowsill drain hose 
resting against the XK0057 relay socket had ignited, creating fire and 
smoke. We therefore

[[Page 56901]]

determined that AD 2006-04-02 was not adequate to correct the unsafe 
condition.

Relevant Service Information

    EMBRAER has issued the following service bulletins for Model EMB-
135ER, -135KE, -135KL, and -135LR airplanes and Model EMB-145, -145ER, 
-145MR, -145LR, -145XR, -145MP, and -145EP airplanes:
     Service Bulletin 145-30-0041, Revision 01, dated June 5, 
2006; and
     Alert Service Bulletin 145-30-A050, dated May 31, 2006.
    EMBRAER has issued the following service bulletins for Model EMB-
135BJ airplanes:
     Service Bulletin 145LEG-30-0011, Revision 01, dated June 
7, 2006; and
     Alert Service Bulletin 145LEG-30-A017, dated May 31, 2006.
    Service Bulletin 145-30-0041, Revision 01, and Service Bulletin 
145LEG-30-0011, Revision 01, include procedures that are divided into 
separate parts with different compliance times for replacing the left- 
and right-hand direct-vision windowsill drain hoses with new, improved 
drain hoses, including modifying and re-identifying one drain hose. For 
Model EMB-135BJ airplanes, the procedures for rerouting the drain hoses 
of the cockpit horizontal linings are unchanged. (EMBRAER Service 
Bulletins 145-30-0041, dated April 20, 2005, and 145LEG-30-0011, dated 
April 20, 2005, were cited as sources of service information for 
accomplishing the actions required by paragraph (i) of AD 2006-04-02.) 
No new actions have been included in the revised service bulletins.
    The alert service bulletins supersede EMBRAER Service Bulletins 
145LEG-30-0012 and 145-30-0042, both dated April 18, 2005, which were 
cited as sources of service information for accomplishing the 
repetitive inspections required by AD 2006-04-02.
    The alert service bulletins describe procedures for performing a 
one-time inspection for discrepancies of the K0057 relay, XK0057 relay 
socket, and silicone gasket; modifying and re-identifying the relay 
socket; and doing corrective actions if necessary. The modification 
involves replacing two power contact pins in the relay socket with new, 
improved power contact pins. Discrepancies of the relay, relay socket, 
and silicone gasket include the following:
     Melted points or material stuck to the sides or the 
surface of the silicone gasket;
     Bellied surfaces, dents, and any crack in the paint of the 
relay enclosure;
     Discolored, loosened, or missing pin-type contacts of the 
relay or relay socket;
     Any crack, loose material, or damaged sealant around the 
bases of the contacts of the relay or relay socket;
     Any contamination of the pin-type contacts of the relay or 
relay socket; and
     Any stuck material or roughness on the surface where the 
pin-type contacts attach to the relay or relay socket.
    The corrective actions include the following:
     Replacing any damaged K0057 relay with a new K0057 relay;
     Replacing any damaged silicone gasket with a new silicone 
gasket; and
     Replacing any damaged XK0057 relay socket with a modified 
and re-identified relay socket.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.
    The ANAC mandated the service information and issued Brazilian 
airworthiness directive 2005-08-04R1, dated July 27, 2006, to ensure 
the continued airworthiness of these airplanes in Brazil. Brazilian 
airworthiness directive 2005-08-04R1 supersedes Brazilian airworthiness 
directive 2005-08-04, dated September 5, 2005, which is the parallel 
airworthiness directive for AD 2006-04-02.

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 ANAC has kept the FAA informed 
of the situation described above. We have examined the ANAC's findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for airplanes of this type design that are certificated for 
operation in the United States.
    This proposed AD would supersede AD 2006-04-02 and, for Model EMB-
135BJ airplanes, would restate the requirements of AD 2006-04-02 for 
rerouting the drain hoses of the cockpit horizontal linings. This 
proposed AD would also require accomplishing the actions specified in 
the service bulletins described previously, except as discussed under 
``Differences Between the Proposed AD and Service Bulletins.''

Differences Between the Proposed AD and Service Bulletins

    EMBRAER Alert Service Bulletins 145-30-A050 and 145LEG-30-A017 
specify contacting the manufacturer if discrepancies to components of 
the relay support are found. However, this proposed AD would not 
require that action.
    Alert Service Bulletins 145-30-A050 and 145LEG-30-A017 refer only 
to an ``inspection'' of the K0057 relay, XK0057 relay socket, and 
silicone gasket. However, we have determined that the proper type of 
inspection is a ``detailed inspection,'' which corresponds to the 
Brazilian airworthiness directive. Note 1 of this proposed AD defines 
this type of inspection.

Change to Existing AD

    This proposed AD would retain only the replacement of the drain 
hoses required by paragraph (i) of AD 2006-04-02, but with reduced 
compliance times. Paragraph (i) of AD 2006-04-02 corresponds to the 
actions specified in paragraphs (g) and (h) of this proposed AD, and 
those actions are required to be done in accordance with the latest 
revision of the applicable service bulletins. However, actions done 
before the effective date of this proposed AD in accordance with the 
original issues of the applicable service bulletins are acceptable for 
compliance with the corresponding requirements of paragraphs (g) and 
(h) of this proposed AD.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD at an average labor rate of $80 per 
work hour.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                  Number of U.S.-
         Action/item             Work hours          Parts           Cost per       registered      Fleet cost
                                                                     airplane        airplanes
----------------------------------------------------------------------------------------------------------------
Detailed inspection..........               1  None.............             $80             651         $52,080

[[Page 56902]]

 
Modify/reidentify relay                     1  $10 \1\..........              90             651          58,590
 socket.
Replace drain hoses \2\......               2  268..............             428             651        278,628
----------------------------------------------------------------------------------------------------------------
\1\ Operator-supplied parts.
\2\ Includes rerouting of drain hoses of cockpit horizontal linings, if applicable.

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 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 
removing amendment 39-14483 (71 FR 9434, February 24, 2006) and adding 
the following new airworthiness directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2006-25925; Directorate Identifier 2006-NM-167-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by October 
30, 2006.

Affected ADs

    (b) This AD supersedes AD 2006-04-02.

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 smoke in the cockpit. We 
are issuing this AD to prevent ignition of a windowsill drain hose 
by an overheated relay, which could cause fire and smoke in the 
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.

Inspection and Modification of Relay/Relay Socket, and Corrective 
Actions

    (f) Within 600 flight hours or 180 days after the effective date 
of this AD, whichever occurs first: Do a one-time detailed 
inspection for discrepancies of the pitot static heating relay 
K0057, relay socket XK0057, and silicone gasket; modify and re-
identify the XK0057 relay socket; and do all applicable corrective 
actions; in accordance with the Accomplishment Instructions of 
EMBRAER Alert Service Bulletin 145LEG-30-A017, dated May 31, 2006 
(for Model EMB-135BJ airplanes); or EMBRAER Alert Service Bulletin 
145-30-A050, dated May 31, 2006 (for Model EMB-135ER, -135KE, -
135KL, and -135LR airplanes, and EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes); as applicable; except where 
the service bulletins specify to contact the manufacturer if damage 
to components for the relay support is found, this AD does not 
require that action. All applicable corrective actions must be done 
before further flight.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Replacement and Modification of Right-Hand Windowsill Drain Hoses

    (g) Within 600 flight hours or 180 days after the effective date 
of this AD, whichever occurs first, do the actions required by 
paragraph (g)(1), (g)(2), and (g)(3) of this AD, as applicable, in 
accordance with the Accomplishment Instructions of EMBRAER Service 
Bulletin 145LEG-30-0011, Revision 01, dated June 7, 2006 (for Model 
EMB-135BJ airplanes); or EMBRAER Service Bulletin 145-30-0041, 
Revision 01, dated June 5, 2006 (for Model EMB-135ER, -135KE, -
135KL, and -135LR airplanes, and EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes); as applicable.
    (1) For all airplanes: Modify and re-identify the drain hose 
having part number (P/N) 123-15435-405, in accordance with Figure 1 
of the applicable service bulletin.
    (2) For all airplanes: Replace the right-hand windowsill drain 
hoses having P/N 123-15435-403 with new, improved hoses, P/N 145-
13047-001 and 145-13044-005; and replace the tiedown straps with new 
tiedown straps, in accordance with Figure 1 of the applicable 
service bulletin.
    (3) For Model EMB-135BJ airplanes: Reroute the drain hoses of 
the right cockpit horizontal linings, in accordance with Figure 2 of 
the applicable service bulletin.

[[Page 56903]]

Replacement of Left-Hand Windowsill Drain Hoses

    (h) Within 1,200 flight hours or 360 days after the effective 
date of this AD, whichever occurs first, do the actions required by 
paragraph (h)(1) and (h)(2) of this AD, as applicable, in accordance 
with the Accomplishment Instructions of EMBRAER Service Bulletin 
145LEG-30-0011, Revision 01, dated June 7, 2006 (for Model EMB-135BJ 
airplanes); or EMBRAER Service Bulletin 145-30-0041, Revision 01, 
dated June 5, 2006 (for Model EMB-135ER, -135KE, -135KL, and -135LR 
airplanes, and EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and 
-145EP airplanes); as applicable.
    (1) For all airplanes: Replace the left-hand windowsill drain 
hoses having P/N 123-15435-401 and -403 with new, improved hoses 
having P/N 145-13044-001 and P/N 145-13047-001, and replace the 
tiedown straps with new tiedown straps, in accordance with Figure 1 
of the applicable service bulletin.
    (2) For Model EMB-135BJ airplanes, reroute the drain hoses of 
the left cockpit horizontal linings, in accordance with Figure 2 of 
the applicable service bulletin.

Actions Accomplished According to Previous Issue of Service Bulletin

    (i) Any replacement/rerouting of the drain hoses accomplished 
before the effective date of this AD in accordance with EMBRAER 
Service Bulletin 145-30-0041 or 145LEG-30-0011, both dated April 20, 
2005, as applicable, is considered acceptable for compliance with 
the requirements of paragraphs (g) and (h) this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, ANM-116, International Branch, 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 2005-08-04R1, effective 
July 27, 2006, also addresses the subject of this AD.

    Issued in Renton, Washington, on September 22, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-15947 Filed 9-27-06; 8:45 am]
BILLING CODE 4910-13-P