[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Rules and Regulations]
[Pages 67376-67379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25756]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0483; Directorate Identifier 2008-NM-006-AD; 
Amendment 39-15716; AD 2008-22-19]
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.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    It has been found the occurrence of smoke in the flight deck 
originated from Pitot \1/2\ and TAT \1/2\ current sensor relays and 
[their]respective sockets, caused by poor electrical contacts 
between those relays and their sockets.

The unsafe condition is that smoke in the flight deck may interfere 
with the flightcrew's ability to operate the

[[Page 67377]]

airplane. We are issuing this AD to require actions to correct the 
unsafe condition on these products.

DATES: This AD becomes effective December 19, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 19, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1405; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on April 29, 2008 (73 
FR 23134). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found the occurrence of smoke in the flight deck 
originated from Pitot \1/2\ and TAT \1/2\ current sensor relays and 
[their]respective sockets, caused by poor electrical contacts 
between those relays and their sockets.

    The unsafe condition is that smoke in the flight deck may interfere 
with the flightcrew's ability to operate the airplane. Corrective 
actions include inspecting for damage of the Pitot 1 and 2 and TAT 1 
and 2 current sensor relays and sockets; and, as applicable, replacing 
the A1 and C1 electrical contacts of the sockets and reidentifying the 
sockets, replacing the sockets, and replacing current sensor relays. 
Damage may include melted points or stuck material of the silicone 
gasket, incorrect shape of the current sensor relay/sockets, 
discoloration of contacts, loose pin-type contacts, cracking or loose 
material of the polish and sealant of the bases, contaminants of the 
current sensor relays/sockets, and stuck material or roughness of the 
surface of the current sensor relay/pin-type contact. You may obtain 
further information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment[s]received.

Request To Clarify the Requirements of This AD

    ExpressJet Airlines requests that we clarify the requirements for 
the inspection proposed by the NPRM. Embraer Service Bulletin 145-30-
0052, dated August 2, 2007 (specified in the NPRM), calls for doing a 
general visual inspection, reporting damage that was found, and 
reporting service bulletin compliance. ExpressJet states that the NPRM 
calls for a detailed inspection and does not omit the reporting 
requirements. ExpressJet notes that it is not clear if inspections 
accomplished before the effective date of the AD according to the 
service bulletin would be acceptable for compliance or if an additional 
inspection would need to be accomplished. ExpressJet also notes it is 
not clear if reporting is required.
    We agree that clarification is needed. Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC), which issued the Brazilian 
Airworthiness Directive referenced in the NPRM, determined that a 
detailed inspection is necessary, instead of the general visual 
inspection specified in the referenced service bulletin, to adequately 
detect possible damage. We concurred with that determination. Wherever 
the requirements of an AD and the referenced service information 
differ, the AD takes precedence. Therefore, an inspection for possible 
damage that is accomplished before the effective date of this AD must 
be a detailed inspection to be acceptable for compliance with the 
requirements of this AD.
    After we published the NPRM, we received Revision 01 to Embraer 
Service Bulletin 145-30-0052, dated January 23, 2008; and Revision 01 
to Embraer Service Bulletin 145LEG-30-0019, dated January 25, 2008 (the 
original issue was referred to in the NPRM). Revision 01 of each 
service bulletin specifies a detailed inspection. We have revised 
paragraph (f) of this AD to reference Revision 01 of each service 
bulletin and provide credit for accomplishing the original issue of the 
service bulletin, as long as a detailed inspection technique is used.
    Additionally, although the service bulletin specifies reporting 
damage and service bulletin compliance, this AD does not require 
reporting. Our intent is to match the actions specified in the 
Brazilian Airworthiness Directive, which does not require the 
reporting. However, an operator may elect to submit such information, 
although not required to do so by this AD. We have not changed the AD 
in this regard.

Request To Shorten Compliance Time

    Air Line Pilots Association, International (ALPA), supports the 
intent of the AD, but considers the proposed 2,500-flight-hours or 24-
months (whichever is first) compliance time to be excessive. ALPA 
recommends a shorter compliance time.
    We disagree with the commenter's request. While the service 
bulletins recommend a compliance time of 6,000 flight hours or 48 
months, ANAC specified a compliance time of 2,500 flight hours or 24 
months based on its engineering analysis. We concur with ANAC's 
engineering analysis and have determined that the compliance time, as 
proposed, represents an appropriate interval of time in which the 
required actions can be performed and provides an acceptable level of 
safety. We have not changed the AD in this regard.

Explanation of Change to Applicability

    We have revised the model designations in the applicability of this 
AD to match the designations as published in the most recent type 
certificate data sheet for the affected models.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 704 products of U.S. registry. 
We also estimate that it will take about 8 work-

[[Page 67378]]

hours per product to comply with the basic requirements of this AD. The 
average labor rate is $80 per work-hour. Based on these figures, we 
estimate the cost of this AD to the U.S. operators to be $450,560, or 
$640 per product.

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 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 this AD:
    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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

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 FAA amends Sec.  39.13 by adding the following new AD:

2008-22-19 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15716. Docket No. FAA-2008-0483; Directorate Identifier 
2008-NM-006-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
19, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 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; having serial numbers 145002 through 145362, 145364 
through 145590, and 145592 through 14500987.

Subject

    (d) Air Transport Association (ATA) of America Code 30: Ice and 
Rain Protection.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    It has been found the occurrence of smoke in the flight deck 
originated from Pitot 1/2 and TAT 1/2 current sensor relays and 
[their]respective sockets, caused by poor electrical contacts 
between those relays and their sockets.

The unsafe condition is that smoke in the flight deck may interfere 
with the flightcrew's ability to operate the airplane. Corrective 
actions include inspecting for damage of the Pitot 1 and 2 and TAT 1 
and 2 current sensor relays and sockets; and, as applicable, 
replacing the A1 and C1 electrical contacts of the sockets and 
reidentifying the sockets, replacing the sockets, and replacing 
current sensor relays. Damage may include melted points or stuck 
material of the silicone gasket, incorrect shape of the current 
sensor relay/sockets, discoloration of contacts, loose pin-type 
contacts, cracking or loose material of the polish and sealant of 
the bases, contaminants of the current sensor relays/sockets, and 
stuck material or roughness of the surface of the current sensor 
relay/pin-type contact.

Actions and Compliance

    (f) Unless already done: Within 2,500 flight hours or 24 months 
after the effective date of this AD, whichever occurs first, do the 
following actions in accordance with the Accomplishment Instructions 
of Embraer Service Bulletin 145-30-0052, Revision 01, dated January 
23, 2008; or 145LEG-30-0019, Revision 01, dated January 25, 2008; as 
applicable. Do all applicable replacements and re-identification 
before further flight.
    (1) Perform a detailed inspection of the Pitot 1 (K0053), Pitot 
2 (K0054), TAT 1 (K0064), and TAT 2 (K0494) current sensor relays 
for possible damage caused by overheating in their contacts, 
enclosure, and finishing material.
    (i) If no damage is found on a current sensor relay, that relay 
may be reinstalled.
    (ii) If any damage is found on a current sensor relay, replace 
the relay with a new relay having the same part number (P/N), CS500-
060-D4A.
    (2) Perform a detailed inspection on the Pitot 1 (XK0053), Pitot 
2 (XK0054), TAT 1 (XK0064), and TAT 2 (XK0494) relay sockets for 
possible damage caused by overheating in their contacts, enclosure, 
and finishing material.
    (i) If no damage is found on a socket, replace electrical 
contacts A1 and C1 of the socket with new contacts having P/N 
M39029/92-536; re-identify the socket from P/N S500-9140 to S500-
9140-A; and re-identify the socket electrical code from XK0053, 
XK0054, XK0064, and XK0494, to XK1243, XK1242, XK1245, and XK1244, 
respectively.
    (ii) If any damage is found on a socket, replace the socket with 
a new socket having P/N S500-9140-A or S500-9216.
    (3) Actions accomplished in accordance with Embraer Service 
Bulletin 145-30-0052, dated August 2, 2007; or 145LEG-30-0019, dated 
August 28, 2007; as applicable; are acceptable for compliance with 
this AD, provided that a detailed inspection is accomplished in 
place of the general visual inspection specified in the service 
bulletins.

    Note 1: For the purpose of this AD, a detailed inspection (DET) 
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 
mirrors, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate access procedures may be required.''

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.


[[Page 67379]]



Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: 
Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1405; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directive 2007-11-
04R1, effective December 21, 2007; Embraer Service Bulletin 145-30-
0052, Revision 01, dated January 23, 2008; and Embraer Service 
Bulletin 145LEG-30-0019, Revision 01, dated January 25, 2008; for 
related information.

Material Incorporated by Reference

    (i) You must use Embraer Service Bulletin 145-30-0052, Revision 
01, dated January 23, 2008; or Embraer Service Bulletin 145LEG-30-
0019, Revision 01, dated January 25, 2008; as applicable; to do the 
actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone: 
+55 12 3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail: 
[email protected]; Internet: http://www.flyembraer.com. 
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 20, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-25756 Filed 11-13-08; 8:45 am]
BILLING CODE 4910-13-P