AD 2007-04-03

[Federal Register Volume 72, Number 30 (Wednesday, February 14, 2007)]
[Rules and Regulations]
[Pages 6933-6936]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-2413]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25925; Directorate Identifier 2006-NM-167-AD; 
Amendment 39-14934; AD 2007-04-03]
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: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all EMBRAER Model EMB-135 airplanes and Model 
EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. 
That AD currently requires repetitive inspections of the pitot static 
heating relay K0057 and corrective actions if necessary. That AD also 
requires doing a terminating modification, which ends the repetitive 
inspections. This new AD removes the existing repetitive inspections 
and instead requires 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 AD also revises the existing terminating modification--replacing/
rerouting the windowsill drain hoses--into two parts, each with a 
different, reduced compliance time. 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.

DATES: This AD becomes effective March 21, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 21, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    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 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: 

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> 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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2006-04-02, amendment 
39-14483 (71 FR 9434, February 24, 2006). The existing AD applies to 
all EMBRAER Model EMB-135 airplanes, and Model EMB-145, -145ER, -145MR, 
-145LR, -145XR, -145MP, and -145EP airplanes. That NPRM was published 
in the Federal Register on September 28, 2006 (71 FR 56900). That NPRM 
proposed to remove the existing repetitive inspections and instead to 
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. That NPRM also 
proposed to revise the existing terminating modification--replacing/
rerouting the windowsill drain hoses--into two parts, each with a 
different, reduced compliance time.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
received on the NPRM.

Request To Allow Use of Existing Alternative Method of Compliance 
(AMOC)

    One commenter, ExpressJet Inc., requests that we allow for 
termination of certain repetitive inspections described in the NPRM. 
The commenter states that it has received AMOC number ANM-116-06-244 to 
AD 2006-04-02, which allows ending the repetitive relay inspections 
described in EMBRAER Service Bulletin 145-30-0042 once EMBRAER Alert 
Service Bulletin 145-30-A050 is accomplished; and, further, that doing 
EMBRAER Service Bulletin 145-30-0041 also provides terminating action 
for the repetitive inspections. The commenter states that paragraph (f) 
of the NPRM proposes to require repetitive inspections as described in 
EMBRAER Alert Service Bulletin 145-30-A050 until EMBRAER Service 
Bulletin 145-30-0041 is accomplished, and requests that we revise the 
NPRM to allow those inspections to be terminated if the modification 
described in either EMBRAER Alert Service Bulletin 145-30-A050 or 
EMBRAER Service Bulletin 145-30-0041 is accomplished in accordance with 
the AMOC.
    We find that clarification is necessary. This AD cancels the 
repetitive inspections required by AD 2006-04-02, which cites EMBRAER 
Service Bulletins 145LEG-30-0012 and 145-30-0042, both dated April 18, 
2005, as the appropriate sources of service information for doing the 
repetitive inspections. EMBRAER Alert Service Bulletins 145LEG-30-A017 
and 145-30-A050, both dated May 31, 2006, supersede Service Bulletins 
145LEG-30-0012 and 145-30-0042, respectively, and replace the 
repetitive inspections with a one-time only inspection. Therefore, as 
of the effective date of this AD, the repetitive inspections are no 
longer required. No change is needed to the AD in this regard.

Request To Change Incorporation of Certain Information

    One commenter, the Modification and Replacement Parts Association 
(MARPA), requests that we revise our procedures for incorporation by 
reference (IBR) of service information in ADs. MARPA asserts that ADs 
are frequently derived from privately-authored, copyright-protected 
manufacturer service documents, but that when such a document is 
incorporated by reference into a public document like an AD, it loses 
its private, protected status and becomes itself a public document. 
MARPA continues that public laws by definition must be public and 
cannot rely for

[[Page 6934]]

compliance upon private writings, and that unless such writings are 
incorporated by reference, a court of law will not consider them in 
interpreting the AD and might invalidate the AD. MARPA contends that 
IBR service documents should be published in the Docket Management 
System (DMS), keyed to the action that incorporates them. MARPA states 
that IBR was adopted to relieve the Federal Register from publishing 
documents already held by affected individuals, which traditionally 
meant aircraft owners and operators who received service information 
from manufacturers. However, MARPA contends that a new affected class 
of maintenance and repair organizations (MRO), component service and 
repair shops, parts purveyors and distributors, and organizations that 
manufacture or service alternatively certified parts under section 
21.303 of the Federal Aviation Regulations (14 CFR 21.303), now perform 
a majority of aircraft maintenance. MARPA continues that service 
information distributed to owners and operators who are financing or 
leasing institutions may not reach this class, who may actually be 
responsible for accomplishing ADs. MARPA therefore requests that 
service documents deemed essential to accomplishing this proposed 
action be (1) incorporated by reference into the regulatory instrument, 
and (2) published in the DMS.
    We acknowledge the commenter's requests. The Office of the Federal 
Register (OFR) requires that documents that are necessary to accomplish 
the requirements of the AD be incorporated by reference during the 
final rule phase of rulemaking. This final rule incorporates by 
reference the documents necessary for the accomplishment of the 
requirements mandated by this AD. Further, we point out that while 
documents that are incorporated by reference do become public 
information, they do not lose their copyright protection. For that 
reason, we advise the public to contact the manufacturer to obtain 
copies of the referenced service information.
    In regard to MARPA's request to post service bulletins on the 
Department of Transportation's DMS, we are currently in the process of 
reviewing issues surrounding the posting of service bulletins on the 
DMS as part of an AD docket. Once we have thoroughly examined all 
aspects of this issue and have made a final determination, we will 
consider whether our current practice needs to be revised. No change to 
the final rule is necessary in response to this comment.

Request To Comply With Draft FAA Order 8040.2

    MARPA asserts that the NPRM, as written, does not comply with 
proposed FAA Order 8040.2 which states, ``Parts Manufacturer Approval 
(PMA). MCAI that require replacement or installation of certain parts 
could have replacement parts approved under 14 CFR 21.303 based on a 
finding of identicality. We have determined that any parts approved 
under this regulation and installed should be subject to the actions of 
our AD and included in the applicability of our AD.'' MARPA contends 
that including certain language from proposed FAA Order 8040.2 to 
permit the use of any PMA part and including such parts in the 
applicability of the AD would resolve the issue of possibly defective 
PMA parts being installed and not affected by the proposed action.
    The NPRM did not address PMA parts, as provided in draft FAA Order 
8040.2, because the Order was only a draft that was out for comment at 
the time. After issuance of the NPRM, the Order was revised and issued 
as FAA Order 8040.5 with an effective date of September 29, 2006. FAA 
Order 8040.5 does not address PMA parts in ADs; therefore we have not 
changed the AD in this regard.

Request To Revise Specification of Replacement Parts

    MARPA requests that we revisit the manner in which PMA parts are 
addressed in the NPRM. MARPA asserts that type certificate holders, 
particularly foreign manufacturers, almost universally ignore any 
possible PMA parts while frequently specifying replacing a part with a 
part having a different part number as a corrective action in their 
service documents. MARPA contends that this ``runs afoul of 14 CFR 
Sec.  21.303,'' which permits development, certification, and 
installation of PMA parts. MARPA expresses concern that parts having 
different part numbers will not be subject to the AD if part numbers 
are not specified, asserting that if a part number is used to designate 
defective parts, the AD must address any defective PMA parts that have 
different part numbers but the same defects. MARPA continues that 
mandating only one part is not generally favored and can prevent 
installing perfectly good parts while prohibiting development of new 
parts as permitted under 14 CFR 21.303. MARPA asserts that identifying 
specifically numbered parts for installation should be only one of 
several methods of addressing the problem. MARPA continues that another 
directorate has published ADs containing language permitting the use of 
``FAA-approved equivalent parts,'' which differs markedly from the 
policies of the other directorates. Because of this difference, MARPA 
claims that the requirements of Executive Order 12866 for all agencies 
to act uniformly on a given issue are not being met. MARPA therefore 
requests that the NPRM be modified to consider possibly defective PMA 
parts and to permit the use of PMA parts meeting the ``new and 
improved'' criteria pursuant to existing laws and regulations and the 
issues set forth in the current proposed regulatory action.
    The FAA recognizes the need for standardization of this issue and 
is currently in the process of reviewing issues that address the use of 
PMAs in ADs at the national level. However, the Transport Airplane 
Directorate considers that to delay this particular AD action would be 
inappropriate, since we have determined that an unsafe condition exists 
and that replacement of certain parts must be accomplished to ensure 
continued safety. Therefore, no change has been made to the AD in this 
regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

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

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

[[Page 6935]]

 
Modification/reidentification of               1         \1\ $10              90             651          58,590
 relay socket...................
Replacement of drain hoses \2\..               2             268             428             651         278,628
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\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 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 that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14483 (71 FR 9434, February 24, 2006) and by 
adding the following new airworthiness directive (AD):

2007-04-03 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14934. Docket No. FAA-2006-25925; Directorate 
Identifier 2006-NM-167-AD.

Effective Date

    (a) This AD becomes effective March 21, 2007.

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 Model 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 
paragraphs (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 Model 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 6936]]

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 
paragraphs (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 Model 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, 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.
    (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.

Material Incorporated by Reference

    (l) You must use the applicable EMBRAER service bulletins 
specified in Table 1 of this AD to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approved the incorporation by reference of 
these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. 
Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for a copy of 
this service information. 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

              Table 1.--Material Incorporated by Reference
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          EMBRAER--             Revision level--           Date--
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Alert Service Bulletin 145-   Original............  May 31, 2006.
 30-A050.
Alert Service Bulletin        Original............  May 31, 2006.
 145LEG-30-A017.
Service Bulletin 145-30-0041  01..................  June 5, 2006.
Service Bulletin 145LEG-30-   01..................  June 7, 2006.
 0011.
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    Issued in Renton, Washington, on February 5, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-2413 Filed 2-13-07; 8:45 am]
BILLING CODE 4910-13-P