[Federal Register: November 24, 2004 (Volume 69, Number 226)]
[Proposed Rules]
[Page 68270-68272]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no04-16]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19676; Directorate Identifier 2004-NM-138-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 and -145 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain EMBRAER Model EMB-135 and -145 series airplanes. This
proposed AD would require determining the torque values of the screws
that attach the seat tracks to the airplane, and corrective action if
necessary. This proposed AD is prompted by a report of undertorqued
screws. We are proposing this AD to prevent improper torque of those
screws, which in the case of a hard landing or a high deceleration
impact condition could result in damage to the seat and possible
subsequent injury to the passenger.
DATES: We must receive comments on this proposed AD by December 27,
2004.
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.
By 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.
FOR FURTHER INFORMATION CONTACT: Technical information: 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.
Plain language information: Marcia Walters, marcia.walters@faa.gov.
SUPPLEMENTARY INFORMATION:
Docket Management System (DMS)
The FAA has implemented new procedures for maintaining AD dockets
electronically. As of May 17, 2004, new AD actions are posted on DMS
and assigned a docket number. We track each action and assign a
corresponding directorate identifier. The DMS AD docket number is in
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier
(``Old Docket Number'') as a cross-reference for searching purposes.
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 under ADDRESSES. Include ``Docket No. FAA-2004-19676;
Directorate Identifier 2004-NM-138-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 submitted 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 our
docket website, 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.
We are reviewing the writing style we currently use in regulatory
documents. We are interested in your comments on whether the style of
this document is clear, and your suggestions to improve the clarity of
our communications that affect you. You can get more information about
plain language at http://www.faa.gov/language and http://www.plainlanguage.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 of the Nassif Building at the DOT
[[Page 68271]]
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the DMS 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
certain EMBRAER Model EMB-135 and -145 series airplanes. The DAC
advises that some screws that attach the passenger seat tracks had been
undertorqued during manufacture. This condition, if not corrected,
could result in damage to the seat and possible subsequent injury to
the passenger.
Relevant Service Information
EMBRAER has issued Service Bulletins 145LEG-53-0015 (for Model EMB-
135 BJ series airplanes) and 145-53-0049 (for Model EMB-135 and -145
series airplanes), both dated February 16, 2004. The service bulletins
describe procedures for inspecting for proper torque of the screws that
attach the seat tracks to the airplane, retorquing the screws if
necessary, and applying torque seal. 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 2004-05-03, dated June 2,
2004, 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
Sec. 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 products 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.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
Estimated Costs
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Average labor
Airplane(s) Work hours rate/hour Parts Cost/airplane
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EMB-135 BJ......................... 24 $65 Minimal.................... $1,560
Others............................. 28 65 Minimal.................... 1,820
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The cost for the U.S. fleet of 539 airplanes would be $840,840 to
$980,980, depending on the airplane model.
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. 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-
2004-19676; Directorate Identifier 2004-NM-138-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by December 27, 2004.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-135 and -145 series
airplanes, certificated in any category; as listed in EMBRAER
Service Bulletin 145LEG-53-0015 or 145-53-0049, both dated February
16, 2004.
Unsafe Condition
(d) This AD was prompted by a report indicating that some screws
that attach the passenger seat tracks were undertorqued. We are
issuing this AD to prevent improper torque of those screws, which in
the case of a hard landing or a high deceleration impact condition
could result in damage to the seat and possible subsequent injury to
the passenger.
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
(f) Within 5,000 flight hours or 36 months after the effective
date of this AD, whichever occurst first, determine the torque
values of the screws that attach the seat tracks to the airplane.
Use EMBRAER Service Bulletin 145LEG-53-0015 (for Model EMB-135 BJ
series airplanes) or 145-53-0049 (for the remaining affected
airplanes), both dated February 16, 2004, to do the inspection.
Before further flight, retorque any screw having improper torque and
apply torque seal to all the screws, in accordance with the service
bulletin.
Alternative Methods of Compliance (AMOCs)
(g) 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.
[[Page 68272]]
Related Information
(h) Brazilian airworthiness directive 2004-05-03, dated June 2,
2004, also addresses the subject of this AD.
Issued in Renton, Washington, on November 10, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-26030 Filed 11-23-04; 8:45 am]
BILLING CODE 4910-13-P