[Federal Register: November 14, 2003 (Volume 68, Number 220)]
[Proposed Rules]
[Page 64572-64574]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no03-31]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-330-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 and -145 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain EMBRAER Model EMB-135 and
EMB-145 series airplanes. This proposal would require relocating the
pitot 1 and pitot 2 drain valves from the nose landing gear (NLG)
compartment to the forward electronic compartment, and accomplishing
follow-on actions. This action is necessary to prevent ice from
damaging the pitot drain valves, which could cause airspeed indication
errors, resulting in display of erroneous or misleading information to
the flight crew. This action is intended to address the identified
unsafe condition.
DATES: Comments must be received by December 15, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-330-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address: 9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-330-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), PO Box
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil. This information may
be examined at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-330-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the
[[Page 64573]]
FAA, Transport Airplane Directorate, ANM-114, Attention: Rules Docket
No. 2002-NM-330-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056.
Discussion
The Departmento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, notified the FAA that an unsafe condition may
exist on certain EMBRAER Model EMB-135 and -145 series airplanes. The
DAC advises that water accumulates in the pitot 1 and pitot 2 drain
valves in the nose landing gear (NLG) compartment where they are
subjected to freezing temperatures. Frozen water in the drain valve can
expand and cause the pitot drain valves to fail so that the airspeed
indication system tubing is open to ambient pressure. This condition,
if not corrected, could result in ice damage to the pitot drain valves,
which could cause airspeed indication errors, resulting in display of
erroneous or misleading information to the flight crew.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin 145-34-0070, Change 03, dated
July 16, 2003, and Service Bulletin 145LEG-34-0002, dated September 23,
2002, which describe procedures for relocating the pitot 1 and pitot 2
drain valves from the NLG compartment to the forward electronic
compartment so that water will not accumulate in the valves and the
valves are less susceptible to freezing temperatures. The procedures
also include installing a plug, washers, and a nut to close the hole
from which the drain valve is removed; replacing an existing placard
with a new placard; and applying sealant on the placard. Accomplishment
of the actions specified in the applicable service bulletin is intended
to adequately address the identified unsafe condition. The DAC
classified these service bulletins as mandatory and issued Brazilian
Airworthiness Directive 2002-06-01R1, dated November 8, 2002, to ensure
the continued airworthiness of these airplanes in Brazil.
FAA's Conclusions
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. The FAA has examined the findings of the
DAC, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require accomplishment of
the actions specified in the service bulletin described previously.
Cost Impact
The FAA estimates that 374 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 2 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $65 per work hour. Required parts would cost
approximately between $301 and $304 per airplane. Based on these
figures, the cost impact of the proposed AD on U.S. operators is
estimated to be between $161,194 and $162,316, or between $431 and $434
per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the proposed requirements
of this AD action, and that no operator would accomplish those actions
in the future if this AD were not adopted. The cost impact figures
discussed in AD rulemaking actions represent only the time necessary to
perform the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this 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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new
airworthiness directive:
EMBRAER: Docket 2002-NM-330-AD.
Applicability: Model EMB-135 and -145 series airplanes; as
listed in EMBRAER Service Bulletin 145-34-0070, Change 03, dated
July 16, 2003; and EMBRAER Service Bulletin 145LEG-34-0002, dated
September 23, 2002; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent ice from damaging the pitot drain valves, which could
cause airspeed indication errors, resulting in display of erroneous
or misleading information to the flight crew, accomplish the
following:
Relocation
(a) Within 2,000 flight hours or 12 months after the effective
date of this AD, whichever occurs first: Relocate the pitot 1 and
pitot 2 drain valves from the nose landing gear (NLG) compartment to
the forward electronic compartment; and install a plug, washers, and
a nut to close the hole in the structure where the pitot 1 and pitot
2 drain valves were removed; per the Accomplishment Instructions of
EMBRAER Service Bulletin 145-34-0070, Change 03, dated July 16,
2003; or EMBRAER Service Bulletin 145LEG-34-0002, dated September
23, 2002; as applicable.
Installation
(b) After accomplishment of paragraph (a) of this AD but prior
to further flight: Install a new placard and apply sealant on the
placard per the Accomplishment Instructions of EMBRAER Service
Bulletin 145-34-0070, Change 03, dated July 16, 2003; or EMBRAER
Service Bulletin 145LEG-34-0002, dated September 23, 2002; as
applicable.
[[Page 64574]]
Actions Accomplished Per Previous Issue of Service Bulletin
(c) Actions accomplished before the effective date of this AD
per EMBRAER Service Bulletin 145-34-0070, original issue, dated
April 23, 2002; EMBRAER Service Bulletin 145-34-0070, Revision 01,
dated September 23, 2002; and EMBRAER Service Bulletin 145-34-0070,
Revision 02, dated December 2, 2002; are considered acceptable for
compliance with the corresponding action specified in this AD.
Alternative Methods of Compliance
(d) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized
to approve alternative methods of compliance for this AD.
Note 1: The subject of this AD is addressed in Brazilian
airworthiness directive 2002-06-01R1, dated November 8, 2002.
Issued in Renton, Washington, on November 7, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-28495 Filed 11-13-03; 8:45 am]
BILLING CODE 4910-13-P