[Federal Register Volume 69, Number 6 (Friday, January 9, 2004)]
[Rules and Regulations]
[Pages 1516-1519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-269]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-336-AD; Amendment 39-13426; AD 2004-01-12]
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: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-135 and -145 series airplanes, 
that requires operators to inspect the pitot-true air temperature (TAT) 
relays and the full authority digital engine control (FADEC) electronic 
interface resistor modules to detect contamination. This AD also 
requires operators to perform corrective action if necessary, clean the 
relay/connector pins and sockets, modify the seal between the cockpit 
console panels and the storm window, and/or install a new protective 
frame (protective sheets) at the cockpit relay supports. This action is 
necessary to detect and correct oxidation of the pitot-TAT relay, which 
could result in increased resistance and overheating of the relay and 
consequent smoke in the cockpit; and to detect and correct oxidation of 
the FADEC electronic interface resistor modules, which could result in 
in-flight uncommanded engine power roll back to idle. This action is 
intended to address the identified unsafe condition.

DATES: Effective February 13, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 13, 2004.

[[Page 1517]]


ADDRESSES: The service information referenced in this AD 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 Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-135 and 
-145 series airplanes was published as a supplemental NPRM in the 
Federal Register on September 8, 2003 (68 FR 52865). The supplemental 
NPRM proposed to require operators to inspect the pitot-true air 
temperature (TAT) relays and the full authority digital engine control 
(FADEC) electronic interface resistor modules to detect contamination. 
The supplemental NPRM also proposed to require operators to perform 
corrective action if necessary, clean the relay/connector pins and 
sockets, modify the seal between the cockpit console panels and the 
storm window, and/or install a new protective frame (protective sheets) 
at the cockpit relay supports.

Explanation of New Relevant Service Information

    The supplemental NPRM identified Change 03 of EMBRAER Service 
Bulletin 145-30-0032 as the appropriate source of service information 
for the inspection and modification. EMBRAER has since revised the 
service bulletin; however, Change 04, issued August 11, 2003, adds no 
new actions. The Departmento de Aviacao Civil (DAC), which is the 
airworthiness authority for Brazil, approved Change 04 of the service 
bulletin.
    Paragraph (d) of the supplemental NPRM proposed to give credit for 
the protective sheet installation if already done in accordance with 
Change 06 of EMBRAER Service Bulletin 145-25-0211. EMBRAER has since 
revised this service bulletin; however, Change 07, issued August 11, 
2003, adds no new actions. In fact, EMBRAER considers that all 
versions, through Change 07, of this service bulletin accomplish the 
same work; i.e., subsequent versions to date have introduced no new 
actions. The DAC has approved all revisions of this service bulletin 
through Change 07.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments on the supplemental NPRM.

Request To Revise Required Service Information

    One commenter requests that paragraphs (c) and (d) of the 
supplemental NPRM be revised to include the recently issued Change 04 
of Service Bulletin 145-30-0032 as a compliance option.
    The FAA agrees, and considers Change 04 the primary source of 
service information for those requirements in this final rule. So that 
all operators are subject to the same, current requirements, paragraphs 
(c) and (d) of this AD require Change 04 of Service Bulletin 145-30-
0032. In addition, paragraph (a) has been revised in this final rule to 
require Change 04 of this service bulletin. And new paragraph (e) has 
been added to this final rule to credit the prior accomplishment of 
actions done in accordance with earlier service bulletin versions.

Request To Credit Additional Service Bulletin Versions

    This same commenter requests that all versions of Service Bulletin 
145-25-0211, through Change 06, be allowed for credit for paragraphs 
(c) and (d) of the supplemental NPRM. The commenter states that all of 
its airplanes have been modified in accordance with earlier revision 
levels of that service bulletin.
    We agree with the request. As stated earlier, there are no 
essential differences among the revisions of this service bulletin. New 
paragraph (e) in this final rule provides credit accordingly. Change 
07, issued since we received the comment, is also included.

Request To Allow Other Service Bulletin Versions

    The commenter notes that, when an AD cites a service bulletin that 
is later revised, an operator must request an alternative method of 
compliance (AMOC) to take credit for having used an earlier version or 
to use a later version of the specified service bulletin. The commenter 
therefore requests that paragraphs (a) and (c) of the supplemental NPRM 
be revised to allow the original issue of Service Bulletin 145-30-0032, 
dated January 26, 2001, as well as any future revisions that have only 
minor changes. The commenter suggests that such a provision would 
reduce the requests for AMOCs.
    We do not agree with the request. We find that the procedures 
specified in the original issue and Revision 01 of Service Bulletin 
145-30-0032 may not adequately address the identified unsafe condition. 
In addition, allowing ``later FAA-approved revisions'' of a service 
bulletin in addition to an AD's specified version, would violate Office 
of the Federal Register (OFR) regulations for approving materials that 
are incorporated by reference. We must either publish the contents of 
the service bulletin as part of the text of the AD; or submit the 
service bulletin to the OFR for approval as ``referenced'' material, 
allowing us to simply refer to such material in the AD. To allow 
operators to use a revision issued after the AD was published, either 
we must revise the AD to refer to the specific revision, or, as the 
commenter notes, an operator must request an AMOC to use a later 
revision.

Conclusion

    After careful review of the available data, including the comments 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Cost Impact

    We estimate that 365 airplanes of U.S. registry will be affected by 
this AD. The following table provides the cost estimates for each 
requirement.

Costs of Required Actions

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                                                  Work hours per  Average hourly  Parts cost per     Cost per
                     Action                          airplane       labor rate       airplane        airplane
----------------------------------------------------------------------------------------------------------------
Inspect the pitot-TAT relay.....................               1             $65              $0             $65
Inspect the FADEC resistor modules..............               2              65               0             130

[[Page 1518]]

 
Seal the lateral console panels and install                    3              65             660             855
 protective sheets..............................
----------------------------------------------------------------------------------------------------------------

    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD, 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 adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-01-12 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-13426. Docket 2002-NM-336-AD.

    Applicability: Model EMB-135 and EMB-145 series airplanes, 
certificated in any category; as listed in EMBRAER Service Bulletin 
145-30-0032, Change 04, dated August 11, 2003.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct oxidation of the pitot-true air 
temperature (TAT) relay, which could result in increased resistance 
and overheating of the relay and consequent smoke in the cockpit; 
and to detect and correct oxidation of the full authority digital 
engine control (FADEC) electronic interface resistor modules, which 
could result in in-flight uncommanded engine power roll back to 
idle, accomplish the following:

Inspection and Cleaning of Pitot-TAT Relays

    (a) For airplanes identified in paragraph 1.A.(1) (``PART I'') 
of EMBRAER Service Bulletin 145-30-0032, Change 04, dated August 11, 
2003: Within 400 flight hours after the effective date of this AD, 
perform a detailed inspection to detect contamination of the pitot-
TAT relays and clean the relay/connector pins and sockets, in 
accordance with the Accomplishment Instructions (``PART I'') of the 
service bulletin. If any contamination remains after cleaning: Prior 
to further flight, replace each contaminated relay, relay socket, 
and relay socket contact with a new part, in accordance with the 
service bulletin.

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

Inspection of FADEC Interface Resistor Modules

    (b) For airplanes identified in EMBRAER Service Bulletin 145-76-
0003, dated April 22, 2002: Within 400 flight hours after the 
effective date of this AD, perform a detailed inspection to detect 
contamination (including moisture and corrosion) of the left- and 
right-hand FADEC electronic interface resistor modules, in 
accordance with the Accomplishment Instructions of the service 
bulletin. Then do the applicable corrective actions specified in 
paragraphs (b)(1) and (b)(2) of this AD.
    (1) If any contamination is found during the inspection: Before 
further flight, clean the resistor modules and/or their respective 
electrical connector pins, in accordance with the service bulletin.
    (2) If any contamination remains after cleaning the modules and 
pins as specified in paragraph (b)(1) of this AD: Before further 
flight, replace the modules and connectors with new parts, as 
applicable, in accordance with the service bulletin.
    (3) Following accomplishment of any corrective action specified 
in paragraph (b)(1) or (b)(2) of this AD: Before further flight, 
perform the ohmic resistance test of the left- and right-hand FADEC 
electronic interface resistor modules, and accomplish applicable 
troubleshooting procedures, in accordance with the service bulletin.

Console Panel Sealing

    (c) For airplanes identified in paragraph 1.A.(2) (``PART II'') 
of EMBRAER Service Bulletin 145-30-0032, Change 04, dated August 11, 
2003: Before further flight following accomplishment of the 
requirements of paragraph (a) of this AD, modify the seal between 
the cockpit console panels and the storm window by applying PVC foam 
adhesive tape and sealant, in accordance with the Accomplishment 
Instructions (``PART II'') of the service bulletin.

Protective Sheet Installation

    (d) For airplanes identified in paragraph 1.A.(3) (``PART III'') 
of EMBRAER Service Bulletin 145-30-0032, Change 04, dated August 11, 
2003: Before further flight following accomplishment of the 
requirements of paragraph (b) of this AD, install new protective 
sheets at the relay supports in accordance with the Accomplishment 
Instructions (``PART III'') of the service bulletin.

Credit for Prior Service Bulletin Revisions

    (e) The FAA considers actions done before the effective date of 
this AD acceptable for compliance with this AD, if those actions 
were done in accordance with the applicable service bulletins listed 
in Table 1 of this AD.

[[Page 1519]]



             Table 1.--Acceptable Service Bulletin Revisions
------------------------------------------------------------------------
                                                     If that action was
                                                      done before the
                                 May take credit     effective date of
     Operators that have--        for compliance   this AD in accordance
                                      with--        with EMBRAER Service
                                                         Bulletin--
------------------------------------------------------------------------
Inspected the pitot-TAT relays  Paragraph (a) of   145-30-0032, Change
 and done applicable             this AD.           02, dated December
 corrective actions.                                3, 2001; or Change
                                                    03, dated January
                                                    27, 2003.
Modified the seal.............  Paragraph (c) of   145-30-0032, Change
                                 this AD.           02, dated December
                                                    3, 2001; or Change
                                                    03, dated January
                                                    27, 2003.
Installed protective sheets...  Paragraph (d) of   145-25-0211, dated
                                 this AD.           April 27, 2001; Part
                                                    I.
                                                   145-25-0211, Change
                                                    01, dated May 25,
                                                    2001; Part I.
                                                   145-25-0211, Change
                                                    02, dated June 17,
                                                    2001; Part I.
                                                   145-25-0211, Change
                                                    03, dated December
                                                    3, 2001; Part I.
                                                   145-25-0211, Change
                                                    04, dated February
                                                    6, 2002; Part I.
                                                   145-25-0211, Change
                                                    05, dated April 16,
                                                    2002; Part I.
                                                   145-25-0211, Change
                                                    06, dated December
                                                    26, 2002; Part I.
                                                   145-25-0211, Change
                                                    07, dated August 11,
                                                    2003; Part I.
                                                   145-30-0032, Change
                                                    02, dated December
                                                    3, 2001; Part III.
                                                   145-30-0032, Change
                                                    03, dated January
                                                    27, 2003; Part III.
------------------------------------------------------------------------

Alternative Methods of Compliance

    (f) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized 
to approve alternative methods of compliance for this AD.

Incorporation by Reference

    (g) Unless otherwise specified in this AD, the actions must be 
done in accordance with EMBRAER Service Bulletin 145-30-0032, Change 
04, dated August 11, 2003; and EMBRAER Service Bulletin 145-76-0003, 
dated April 22, 2002; as applicable. EMBRAER Service Bulletin 145-
30-0032, Change 04, contains the following effective pages:

----------------------------------------------------------------------------------------------------------------
                 Page No.                   Change level shown on page              Date shown on page
----------------------------------------------------------------------------------------------------------------
1, 2, 7, 8, 21, 22.......................  04..........................  August 11, 2003.
3-6, 9-20................................  02..........................  December 3, 2001.
----------------------------------------------------------------------------------------------------------------

This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Empresa Brasileira de Aeronautica 
S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos Campos--SP, 
Brazil. Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

    Note 2: The subject of this AD is addressed in Brazilian 
airworthiness directives 2001-05-01R2, dated April 22, 2003; and 
2002-10-03, dated October 24, 2002.

Effective Date

    (h) This amendment becomes effective on February 13, 2004.

    Issued in Renton, Washington, on December 31, 2003.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-269 Filed 1-8-04; 8:45 am]
BILLING CODE 4910-13-P