Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ and EMB-145XR Series Airplanes, 36081-36084 [05-12314]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules
(1) The term ‘‘service bulletin’’ as used in
this AD, means the Accomplishment
Instructions of Airbus Service Bulletins
A330–25–3225, Revision 01 (for Model A330
series airplanes), and A340–25–4228,
Revision 01 (for Model A340–200 and -300
series airplanes), both dated September 30,
2004; and A340–25–5054 (for Model A340–
500 and -600 series airplanes), dated August
2, 2004.
(2) The service bulletins refer to Goodrich
Service Bulletins 25A341, Revision 1, dated
May 21, 2003; and 25–347, Revision 1, dated
August 30, 2004; as additional sources of
service information for accomplishment of
the modification specified in the service
bulletins.
(3) Accomplishing the modification before
the effective date of this AD in accordance
with Airbus Service Bulletin A330–25–3225
or A340–25–4228, both dated August 2, 2004;
is considered acceptable for compliance with
the modification required by this AD.
Part Number Identification/Modification
(b) Within 18 months after the effective
date of this AD: Determine the part number
of the emergency slides or slide rafts fitted
on the door types and locations listed in
Table 1 of this AD. If no affected slides or
slide rafts are found installed on the airplane,
then no further action is required by this
paragraph. If any affected slides or slide rafts
are found installed on the airplane: Modify
36081
the regulator valves of the slide and slide raft
assemblies at the applicable time specified in
paragraph (b)(1) or (b)(2) of this AD, in
accordance with the applicable service
bulletin.
(1) For airplanes on which the regulator
valves have not been modified as of the
effective date of this AD per Goodrich
Service Bulletin 25A341, Revision 1, dated
May 21, 2003: Before further flight.
(2) For airplanes on which the regulator
valves have been modified as of the effective
date of this AD per Goodrich Service Bulletin
25A341, Revision 1, dated May 21, 2003:
Within 18 months after the effective date of
this AD.
TABLE 1.—PART NUMBERS
Door type
A
A
A
A
Door location
...............
...............
...............
...............
1 and 4, LH and RH ...........
2, LH ...................................
2, RH ..................................
3, LH ...................................
A ...............
3, RH ..................................
1 ...............
1 ...............
1 ...............
3, LH and RH .....................
3, LH ...................................
3, RH ..................................
Goodrich slide/slide raft part number
7A1508–001, -003,
7A1539–001, -003,
7A1539–002, -004,
7A1510–001, -003,
4A3934–1, -3
7A1510–002, -004,
4A3934–2, -4
7A1509–001, -003,
4A3928–1
4A3928–2
Parts Installation
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 French airworthiness directives F–2003–
213(B) R2, dated July 3, 2004, and F–2004–
094 R1, dated February 16, 2004.
Issued in Renton, Washington, on June 14,
2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–12303 Filed 6–21–05; 8:45 am]
BILLING CODE 4910–13–P
16:16 Jun 21, 2005
-006, -008, -014, -016, -018, -102, -104, -106, -108, -110, -114, -116, or -118; or
-005, -007, -013, -015, -017, -101, -103, -105, -107, -109, -113, -115, or -117
DEPARTMENT OF TRANSPORTATION
(c) As of the effective date of this AD, no
person may install a regulator valve having
a part number listed in the old part number
column specified in Paragraph 1.L. of the
applicable service bulletin on any airplane,
unless that regulator valve has been modified
in accordance with paragraph (b) of this AD.
VerDate jul<14>2003
-005, -007, -013, -015, -017, -101, -103, -105, -107, -109, -113, -115, or -117
-005, -007, -013, -015, -017, -101, -103, -105, -107, -109, -113, -115, or -117
-006, -008, -014, -016, -018, -102, -104, -106, -108, -110, -114, -116, or -118
-005, -007, -013, -015, -017, -101, -103, -105, -107, -109, -113, -115, or -117; or
Jkt 205001
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2004–NM–36–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135BJ and
EMB–145XR Series Airplanes
Federal Aviation
Administration, DOT.
ACTION: Supplemental notice of
proposed rulemaking; reopening of
comment period.
AGENCY:
SUMMARY: This document revises an
earlier proposed airworthiness directive
(AD), applicable to certain EMBRAER
Model EMB–135BJ and EMB–145XR
series airplanes, that would have
required installation of an additional
indication device to the clear-ice
indication system. This new action
revises the proposed rule by changing
the description of the unsafe condition,
and by adding instructions for
modifying certain existing circuits,
replacing an existing indicator lamp
with a new, improved lamp, and
performing other required corrections/
modifications. The actions specified by
this new proposed AD are intended to
prevent undetected build-up of clear ice
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
on the wing surfaces, which could lead
to reduced controllability of the
airplane. This action is intended to
address the identified unsafe condition.
DATES: Comments must be received by
July 18, 2005.
ADDRESSES: Submit comments in
triplicate to the Federal Aviation
Administration (FAA), Transport
Airplane Directorate, ANM–114,
Attention: Rules Docket No. 2004–NM–
36–AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055–4056.
Comments may be inspected at this
location between 9:00 a.m. and 3:00
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: 9anm-nprmcomment@faa.gov. Comments
sent via fax or the Internet must contain
‘‘Docket No. 2004–NM–36–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), P.O. 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.
E:\FR\FM\22JNP1.SGM
22JNP1
36082
Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules
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:
• 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.
• For each issue, state what specific
change to the proposed AD is being
requested.
• 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 2004–NM–36–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
FAA, Transport Airplane Directorate,
ANM–114, Attention: Rules Docket No.
2004–NM–36–AD, 1601 Lind Avenue,
SW., Renton, Washington 98055–4056.
Discussion
A proposal to amend part 39 of the
Federal Aviation Regulations (14 CFR
VerDate jul<14>2003
16:16 Jun 21, 2005
Jkt 205001
part 39) to add an airworthiness
directive (AD), applicable to certain
EMBRAER Model EMB–135BJ and
EMB–145XR series airplanes, was
published as a notice of proposed
rulemaking (NPRM) in the Federal
Register on May 3, 2004 (69 FR 24095).
The original NPRM would have
required installation of an additional
indication device to the clear-ice
indication system. The original NPRM
was prompted by a report that a risk
assessment has shown that the
reliability level of the clear-ice
indication system is not sufficient. The
original NPRM stated that that
condition, if not corrected, could result
in an undetected in-flight buildup of
clear ice on airplane control surfaces,
which could lead to reduced
controllability of the airplane.
Comments
Due consideration has been given to
the comments received in response to
the original NPRM.
Support for the Original NPRM
One commenter supports the original
NPRM and asserts support for all
actions related to improved detection of
airframe icing.
Request To Revise Unsafe Condition
Another commenter, the
manufacturer, requests that the
description of the unsafe condition be
revised. The commenter states that
‘‘* * * undetected in-flight buildup of
clear ice on airplane control surfaces,
* * *’’ is not correct, since the clear ice
system operates only when the airplane
is on the ground, and that the ice builds
up on the ‘‘wing surfaces,’’ not the
‘‘airplane control surfaces.’’
We agree with this request. We have
determined that the description of the
unsafe condition as written in the
original NPRM is incorrect, and have
therefore revised the wording to read
’’* * * undetected buildup of clear ice
on the wing surfaces, ‘‘* * *’’ in this
supplemental NPRM.
Request To Cite New Service
Information
The same commenter requests that we
change the citations for applicable
service information specified in the
original NPRM. The commenter states
that it has received reports of problems
in accomplishing the service bulletins
and has issued new revisions. These
service bulletins include the following
revisions:
• Changed and restructured
effectivity;
• Additional instructions added to
the Accomplishment Instructions; and
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
• Changes and additions to certain
parts kits, text, and figures.
The commenter also states that the
concurrent accomplishment of
EMBRAER Service Bulletin 145LEG–
25–0027, dated May 7, 2003, is
unnecessary and should be deleted. The
commenter states that the concurrent
service bulletin has no effect on
correcting the unsafe condition.
The commenter requests that the
original NPRM be revised to reference
these revised service bulletins as the
appropriate sources of information for
accomplishing the specified actions.
We agree with this request. We have
determined that the revisions to the
service bulletins clarify and improve
operator ability to correct the unsafe
condition and that the specified
concurrent action is unnecessary.
Therefore, we have revised the
supplemental NPRM to reference
EMBRAER Service Bulletins 145–30–
0035, Revision 02 (for Model EMB–
145XR series airplanes), dated January
6, 2005; and 145LEG–30–0002, Revision
01 (for Model EMB–135BJ series
airplanes), dated January 4, 2005; as the
appropriate sources of service
information for accomplishing the
proposed actions. We have revised the
Cost Impact and Applicability sections
and paragraphs (a), (b), and (c) of the
supplemental NPRM; deleted paragraph
(d) of the original NPRM; and
reidentified paragraph (e) of the
supplemental NPRM accordingly.
The Departmento de Aviacao Civil
(DAC), which is the airworthiness
authority for Brazil, approved
EMBRAER Service Bulletins 145–30–
0035, Revision 02, and 145LEG–30–
0002, Revision 01, but, at this time, does
not intend to revise Brazilian
airworthiness directive 2004–01–01,
dated January 27, 2004 (which the
original NPRM references as the
Brazillian airworthiness directive that
parallels the original NPRM). The DAC
does not consider it neccessary to revise
Brazilian airworthiness directive 2004–
01–01 because that airworthiness
directive refers to EMBRAER Service
Bulletins 145–30–0035, Revision 01,
and 145LEG–30–0002, or further
approved revisions, as the acceptable
sources of service information for
certain actions in that airworthiness
directive. However, as stated above, we
have determined that it is necessary to
issue a supplemental NPRM and reopen
the comment period to provide
additional opportunity for public
comment. We have coordinated this
issue with the DAC.
E:\FR\FM\22JNP1.SGM
22JNP1
Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules
36083
Since these changes expand the scope
of the originally proposed rule, the FAA
has determined that it is necessary to
reopen the comment period to provide
additional opportunity for public
comment.
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.
01, dated January 4, 2005; certificated in any
category.
Compliance: Required as indicated, unless
accomplished previously.
To prevent undetected build-up of clear ice
on the wing surfaces, which could lead to
reduced controllability of the airplane,
accomplish the following:
Cost Impact
Regulatory Impact
Modification of Clear-Ice Indication System
The FAA estimates that about 49
airplanes of U.S. registry would be
affected by this proposed AD. The
average labor rate is $65 per work hour.
For 41 Model EMB–145XR airplanes,
it would take 16 work hours per
airplane to accomplish the proposed
actions. Required parts would cost
between $242 and $817 per airplane.
Based on these figures, the cost impact
of the proposed AD on U.S. operators of
Model EMB–145XR airplanes is
estimated to be between $52,562 and
$76,137, or between $1,282 and $1,857
per airplane.
For 8 Model EMB–135BJ airplanes, it
would take 16 work hours per airplane
to accomplish the proposed actions.
Required parts would cost between $240
and $820 per airplane. Based on these
figures, the cost impact of the proposed
AD on U.S. operators of Model EMB–
135BJ airplanes is estimated to be
between $10,240 and $14,856, or
between $1,280 and $1,857 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.
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.
(a) For Model EMB–145XR series airplanes:
Within 24 months or 5,000 flight hours after
the effective date of this AD, whichever
comes first, perform the actions specified in
paragraphs (a)(1) and (a)(2) of this AD, as
applicable, in accordance with the
Accomplishment Instructions of EMBRAER
Service Bulletin 145–30–0035, Revision 02,
dated January 6, 2005.
(1) Install complete electrical connections
and provisions to add an additional
indication device to the clear-ice indication
system, as specified in the Accomplishment
Instructions, Part I.
(2) Replace the existing clear-ice indication
lamp with a new lamp having a new part
number, as specified in the Accomplishment
Instructions, Part II.
(b) For Model EMB–135BJ series airplanes:
Within 24 months or 5,000 flight hours after
the effective date of this AD, whichever
comes first, perform the actions of paragraphs
(b)(1), (b)(2), (b)(3), and (b)(4) of this AD, as
applicable, in accordance with the
Accomplishment Instructions of EMBRAER
Service Bulletin 145LEG–30–0002, Revision
01, dated January 4, 2005.
(1) Install complete electrical connections
and provisions to add an additional
indication device to the clear-ice indication
system, as specified in the Accomplishment
Instructions, Part I.
(2) Modify the electrical connections of
factory-provisioned airplanes to add an
additional indication device to the clear-ice
indication system, as specified in the
Accomplishment Instructions, Part II.
(3) Remove the ‘‘Clear-Ice Inoperative’’
placard and reactivate the clear-ice
additional indicator lamp, as specified in the
Accomplishment Instructions, Part III.
(4) Replace the existing clear-ice indicator
lamp with a new, improved lamp having a
new part number, as specified in the
Accomplishment Instructions, Part IV or Part
V.
Conclusion
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
VerDate jul<14>2003
16:16 Jun 21, 2005
Jkt 205001
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.
§ 39.13
[Amended]
2. Section 39.13 is amended by
adding the following new airworthiness
directive:
Empresa Brasileira de Aeronautica S.A.
(EMBRAER): Docket 2004–NM–36–AD.
Applicability: Model EMB–145XR series
airplanes, as listed in EMBRAER Service
Bulletin 145–30–0035, Revision 02, dated
January 6, 2005; and Model EMB–135BJ
series airplanes, as listed in EMBRAER
Service Bulletin 145LEG–30–0002, Revision
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
Actions Accomplished per Previous Issues of
Service Bulletins
(c) Actions accomplished before the
effective date of this AD in accordance with
Part I of EMBRAER Service Bulletin 145–30–
0035, dated July 16, 2003, or Revision 01,
dated September 2, 2003; or Part I, Part II,
and Part III of EMBRAER Service Bulletin
145LEG–30–0002, dated September 2, 2004;
as applicable; are considered acceptable for
compliance with the corresponding actions
specified in this AD.
Alternative Methods of Compliance
(d) 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.
E:\FR\FM\22JNP1.SGM
22JNP1
36084
Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules
Note 1: The subject of this AD is addressed
in Brazilian airworthiness directive 2004–01–
01, dated January 27, 2004.
Issued in Renton, Washington, on June 14,
2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–12314 Filed 6–21–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2005–21381; Airspace
Docket No. 05–ASW–2]
RIN 2120–AA66
Proposed Establishment of Area
Navigation Routes; Southwestern and
South Central United States
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: This action proposes to
establish three area navigation (RNAV)
routes in Southwestern and South
Central United States in support of the
High Altitude Redesign (HAR) program.
The FAA is proposing this action to
enhance safety and to improve the
efficient use of the navigable airspace.
DATES: Comments must be received on
or before August 8, 2005.
ADDRESSES: Send comments on this
proposal to the Docket Management
System, U.S. Department of
Transportation, Room Plaza 401, 400
Seventh Street, SW., Washington, DC
20590–0001. You must identify FAA
Docket No. FAA–2005–21381 and
Airspace Docket No. 05–ASW–2, at the
beginning of your comments. You may
also submit comments through the
Internet at https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT:
Steve Rohring, Airspace and Rules,
Office of System Operations and Safety,
Federal Aviation Administration, 800
Independence Avenue, SW.,
Washington, DC 20591; telephone: (202)
267–8783.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments, as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
VerDate jul<14>2003
16:16 Jun 21, 2005
Jkt 205001
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers (FAA Docket No. FAA–
2005–21381 and Airspace Docket No.
05–ASW–2) and be submitted in
triplicate to the Docket Management
System (see ADDRESSES section for
address and phone number). You may
also submit comments through the
Internet at https://dms.dot.gov.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this action must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to FAA
Docket No. FAA–2005–21381 and
Airspace Docket No. 05–ASW–2.’’ The
postcard will be date/time stamped and
returned to the commenter.
All communications received on or
before the specified closing date for
comments will be considered before
taking action on the proposed rule. The
proposal contained in this action may
be changed in light of comments
received. All comments submitted will
be available for examination in the
public docket both before and after the
closing date for comments. A report
summarizing each substantive public
contact with FAA personnel concerned
with this rulemaking will be filed in the
docket.
Availability of NPRM’s
An electronic copy of this document
may be downloaded through the
Internet at https://dms.dot.gov. Recently
published rulemaking documents can
also be accessed through the FAA’s Web
page at https://www.faa.gov or the
Federal Register’s Web page at https://
www.gpoaccess.gov/fr/.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office (see
ADDRESSES section for address and
phone number) between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. An informal docket
may also be examined during normal
business hours at the office of the
Regional Air Traffic Division, Federal
Aviation Administration, 2601
Meacham Blvd; Fort Worth, TX 76193–
0500.
Persons interested in being placed on
a mailing list for future NPRM’s should
contact the FAA’s Office of Rulemaking,
(202) 267–9677, for a copy of Advisory
Circular No. 11–2A, Notice of Proposed
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
Rulemaking Distribution System, which
describes the application procedure.
Background
As part of the on-going National
Airspace Redesign, the FAA
implemented the HAR program. This
program focuses on developing and
implementing improvements in
navigation structure and operating
methods to allow more flexible and
efficient en route operations in the high
altitude airspace environment. In
support of this program, the FAA is
establishing RNAV routes to provide
greater freedom to properly equipped
users and to achieve the economic
benefits of flying user-selected, nonrestrictive routings.
The new RNAV routes will be
identified by the letter prefix ‘‘Q’’
followed by a number consisting of from
one to three digits. The International
Civil Aviation Organization (ICAO) has
allocated the ‘‘Q’’ prefix, along with the
number set 1 through 499, for use by the
United States for designating domestic
RNAV routes.
Related Rulemaking
On April 8, 2003, the FAA published
the Designation of Class A, B, C, D, and
E Airspace Areas; Air Traffic Service
Routes, and Reporting Points rule in the
Federal Register (68 FR 16943). The
purpose of the rule was to facilitate the
establishment of RNAV routes in the
National Airspace System for use by
aircraft with advanced navigation
system capabilities. This rule adopted
certain amendments proposed in Notice
No. 02–20, Area Navigation and
Miscellaneous Amendments. The rule
revised and adopted several definitions
in FAA regulations, including Air
Traffic Service Routes, to be in concert
with ICAO definitions and reorganized
the structure of FAA regulations
concerning the designation of Class A,
B, C, D, and E airspace areas, airways,
routes, and reporting points.
On May 9, 2003, the FAA published
a final rule in the Federal Register (68
FR 24864) establishing 11 new RNAV
routes along high-density air traffic
tracks in the western and north central
United States in support of Phase I of
the HAR. Additionally, on February 7,
2005, the FAA published in the Federal
Register (70 FR 6376) a notice of
proposed rulemaking to establish eight
RNAV routes in Florida in support of
this program.
The Proposal
The FAA is proposing to amend Title
14 Code of Federal Regulations (14 CFR)
part 71 to establish three RNAV routes
in Southwestern and South Central
E:\FR\FM\22JNP1.SGM
22JNP1
]]>Agencies
[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Proposed Rules]
[Pages 36081-36084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12314]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2004-NM-36-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ and EMB-145XR Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
-----------------------------------------------------------------------
SUMMARY: This document revises an earlier proposed airworthiness
directive (AD), applicable to certain EMBRAER Model EMB-135BJ and EMB-
145XR series airplanes, that would have required installation of an
additional indication device to the clear-ice indication system. This
new action revises the proposed rule by changing the description of the
unsafe condition, and by adding instructions for modifying certain
existing circuits, replacing an existing indicator lamp with a new,
improved lamp, and performing other required corrections/modifications.
The actions specified by this new proposed AD are intended to prevent
undetected build-up of clear ice on the wing surfaces, which could lead
to reduced controllability of the airplane. This action is intended to
address the identified unsafe condition.
DATES: Comments must be received by July 18, 2005.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2004-NM-36-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9:00 a.m. and 3:00 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. 2004-NM-36-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), P.O.
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.
[[Page 36082]]
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:
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.
For each issue, state what specific change to the proposed
AD is being requested.
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 2004-NM-36-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 FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2004-NM-36-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an airworthiness directive (AD), applicable to
certain EMBRAER Model EMB-135BJ and EMB-145XR series airplanes, was
published as a notice of proposed rulemaking (NPRM) in the Federal
Register on May 3, 2004 (69 FR 24095). The original NPRM would have
required installation of an additional indication device to the clear-
ice indication system. The original NPRM was prompted by a report that
a risk assessment has shown that the reliability level of the clear-ice
indication system is not sufficient. The original NPRM stated that that
condition, if not corrected, could result in an undetected in-flight
buildup of clear ice on airplane control surfaces, which could lead to
reduced controllability of the airplane.
Comments
Due consideration has been given to the comments received in
response to the original NPRM.
Support for the Original NPRM
One commenter supports the original NPRM and asserts support for
all actions related to improved detection of airframe icing.
Request To Revise Unsafe Condition
Another commenter, the manufacturer, requests that the description
of the unsafe condition be revised. The commenter states that ``* * *
undetected in-flight buildup of clear ice on airplane control surfaces,
* * *'' is not correct, since the clear ice system operates only when
the airplane is on the ground, and that the ice builds up on the ``wing
surfaces,'' not the ``airplane control surfaces.''
We agree with this request. We have determined that the description
of the unsafe condition as written in the original NPRM is incorrect,
and have therefore revised the wording to read ''* * * undetected
buildup of clear ice on the wing surfaces, ``* * *'' in this
supplemental NPRM.
Request To Cite New Service Information
The same commenter requests that we change the citations for
applicable service information specified in the original NPRM. The
commenter states that it has received reports of problems in
accomplishing the service bulletins and has issued new revisions. These
service bulletins include the following revisions:
Changed and restructured effectivity;
Additional instructions added to the Accomplishment
Instructions; and
Changes and additions to certain parts kits, text, and
figures.
The commenter also states that the concurrent accomplishment of
EMBRAER Service Bulletin 145LEG-25-0027, dated May 7, 2003, is
unnecessary and should be deleted. The commenter states that the
concurrent service bulletin has no effect on correcting the unsafe
condition.
The commenter requests that the original NPRM be revised to
reference these revised service bulletins as the appropriate sources of
information for accomplishing the specified actions.
We agree with this request. We have determined that the revisions
to the service bulletins clarify and improve operator ability to
correct the unsafe condition and that the specified concurrent action
is unnecessary. Therefore, we have revised the supplemental NPRM to
reference EMBRAER Service Bulletins 145-30-0035, Revision 02 (for Model
EMB-145XR series airplanes), dated January 6, 2005; and 145LEG-30-0002,
Revision 01 (for Model EMB-135BJ series airplanes), dated January 4,
2005; as the appropriate sources of service information for
accomplishing the proposed actions. We have revised the Cost Impact and
Applicability sections and paragraphs (a), (b), and (c) of the
supplemental NPRM; deleted paragraph (d) of the original NPRM; and
reidentified paragraph (e) of the supplemental NPRM accordingly.
The Departmento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, approved EMBRAER Service Bulletins 145-30-0035,
Revision 02, and 145LEG-30-0002, Revision 01, but, at this time, does
not intend to revise Brazilian airworthiness directive 2004-01-01,
dated January 27, 2004 (which the original NPRM references as the
Brazillian airworthiness directive that parallels the original NPRM).
The DAC does not consider it neccessary to revise Brazilian
airworthiness directive 2004-01-01 because that airworthiness directive
refers to EMBRAER Service Bulletins 145-30-0035, Revision 01, and
145LEG-30-0002, or further approved revisions, as the acceptable
sources of service information for certain actions in that
airworthiness directive. However, as stated above, we have determined
that it is necessary to issue a supplemental NPRM and reopen the
comment period to provide additional opportunity for public comment. We
have coordinated this issue with the DAC.
[[Page 36083]]
Conclusion
Since these changes expand the scope of the originally proposed
rule, the FAA has determined that it is necessary to reopen the comment
period to provide additional opportunity for public comment.
Cost Impact
The FAA estimates that about 49 airplanes of U.S. registry would be
affected by this proposed AD. The average labor rate is $65 per work
hour.
For 41 Model EMB-145XR airplanes, it would take 16 work hours per
airplane to accomplish the proposed actions. Required parts would cost
between $242 and $817 per airplane. Based on these figures, the cost
impact of the proposed AD on U.S. operators of Model EMB-145XR
airplanes is estimated to be between $52,562 and $76,137, or between
$1,282 and $1,857 per airplane.
For 8 Model EMB-135BJ airplanes, it would take 16 work hours per
airplane to accomplish the proposed actions. Required parts would cost
between $240 and $820 per airplane. Based on these figures, the cost
impact of the proposed AD on U.S. operators of Model EMB-135BJ
airplanes is estimated to be between $10,240 and $14,856, or between
$1,280 and $1,857 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.
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 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:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 2004-NM-36-
AD.
Applicability: Model EMB-145XR series airplanes, as listed in
EMBRAER Service Bulletin 145-30-0035, Revision 02, dated January 6,
2005; and Model EMB-135BJ series airplanes, as listed in EMBRAER
Service Bulletin 145LEG-30-0002, Revision 01, dated January 4, 2005;
certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent undetected build-up of clear ice on the wing
surfaces, which could lead to reduced controllability of the
airplane, accomplish the following:
Modification of Clear-Ice Indication System
(a) For Model EMB-145XR series airplanes: Within 24 months or
5,000 flight hours after the effective date of this AD, whichever
comes first, perform the actions specified in paragraphs (a)(1) and
(a)(2) of this AD, as applicable, in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 145-30-0035,
Revision 02, dated January 6, 2005.
(1) Install complete electrical connections and provisions to
add an additional indication device to the clear-ice indication
system, as specified in the Accomplishment Instructions, Part I.
(2) Replace the existing clear-ice indication lamp with a new
lamp having a new part number, as specified in the Accomplishment
Instructions, Part II.
(b) For Model EMB-135BJ series airplanes: Within 24 months or
5,000 flight hours after the effective date of this AD, whichever
comes first, perform the actions of paragraphs (b)(1), (b)(2),
(b)(3), and (b)(4) of this AD, as applicable, in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-30-
0002, Revision 01, dated January 4, 2005.
(1) Install complete electrical connections and provisions to
add an additional indication device to the clear-ice indication
system, as specified in the Accomplishment Instructions, Part I.
(2) Modify the electrical connections of factory-provisioned
airplanes to add an additional indication device to the clear-ice
indication system, as specified in the Accomplishment Instructions,
Part II.
(3) Remove the ``Clear-Ice Inoperative'' placard and reactivate
the clear-ice additional indicator lamp, as specified in the
Accomplishment Instructions, Part III.
(4) Replace the existing clear-ice indicator lamp with a new,
improved lamp having a new part number, as specified in the
Accomplishment Instructions, Part IV or Part V.
Actions Accomplished per Previous Issues of Service Bulletins
(c) Actions accomplished before the effective date of this AD in
accordance with Part I of EMBRAER Service Bulletin 145-30-0035,
dated July 16, 2003, or Revision 01, dated September 2, 2003; or
Part I, Part II, and Part III of EMBRAER Service Bulletin 145LEG-30-
0002, dated September 2, 2004; as applicable; are considered
acceptable for compliance with the corresponding actions specified
in this AD.
Alternative Methods of Compliance
(d) 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.
[[Page 36084]]
Note 1: The subject of this AD is addressed in Brazilian
airworthiness directive 2004-01-01, dated January 27, 2004.
Issued in Renton, Washington, on June 14, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-12314 Filed 6-21-05; 8:45 am]
BILLING CODE 4910-13-P
