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56900

Proposed Rules Federal Register


Vol. 71, No. 188

Thursday, September 28, 2006

This section of the FEDERAL REGISTER DATES: We must receive comments on site, anyone can find and read the
contains notices to the public of the proposed this proposed AD by October 30, 2006. comments in any of our dockets,
issuance of rules and regulations. The ADDRESSES: Use one of the following including the name of the individual
purpose of these notices is to give interested who sent the comment (or signed the
addresses to submit comments on this
persons an opportunity to participate in the comment on behalf of an association,
rule making prior to the adoption of the final proposed AD.
rules. • DOT Docket Web site: Go to http:// business, labor union, etc.). You may
dms.dot.gov and follow the instructions review the DOT’s complete Privacy Act
for sending your comments Statement in the Federal Register
DEPARTMENT OF TRANSPORTATION electronically. published on April 11, 2000 (65 FR
• Governmentwide rulemaking Web 19477–78), or you may visit http://
Federal Aviation Administration site: Go to http://www.regulations.gov dms.dot.gov.
and follow the instructions for sending Examining the Docket
14 CFR Part 39 your comments electronically.
• Mail: Docket Management Facility; You may examine the AD docket on
[Docket No. FAA–2006–25925; Directorate U.S. Department of Transportation, 400 the Internet at http://dms.dot.gov, or in
Identifier 2006–NM–167–AD] Seventh Street SW., Nassif Building, person at the Docket Management
Room PL–401, Washington, DC 20590. Facility office between 9 a.m. and 5
RIN 2120–AA64 • Fax: (202) 493–2251. p.m., Monday through Friday, except
• Hand Delivery: Room PL–401 on Federal holidays. The Docket
Airworthiness Directives; Empresa the plaza level of the Nassif Building, Management Facility office (telephone
Brasileira de Aeronautica S.A. 400 Seventh Street SW., Washington, (800) 647–5227) is located on the plaza
(EMBRAER) Model EMB–135 Airplanes DC, between 9 a.m. and 5 p.m., Monday level of the Nassif Building at the DOT
and Model EMB–145, –145ER, –145MR, through Friday, except Federal holidays. street address stated in the ADDRESSES
–145LR, –145XR, –145MP, and –145EP Contact Empresa Brasileira de section. Comments will be available in
Airplanes Aeronautica S.A. (EMBRAER), P.O. Box the AD docket shortly after the Docket
343—CEP 12.225, Sao Jose dos Management System receives them.
AGENCY: Federal Aviation
Administration (FAA), Department of Campos—SP, Brazil, for service Discussion
Transportation (DOT). information identified in this proposed
On February 3, 2006, we issued AD
ACTION: Notice of proposed rulemaking
AD.
2006–04–02, amendment 39–14483 (71
(NPRM). FOR FURTHER INFORMATION CONTACT: Dan FR 9434, February 24, 2006), for all
Rodina, Aerospace Engineer, EMBRAER Model EMB–135 airplanes
SUMMARY: The FAA proposes to International Branch, ANM–116, FAA, and Model EMB–145, –145ER, –145MR,
supersede an existing airworthiness Transport Airplane Directorate, 1601 –145LR, –145XR, –145MP, and –145EP
directive (AD) that applies to all Lind Avenue, SW., Renton, Washington airplanes. That AD requires repetitive
EMBRAER Model EMB–135 airplanes 98057–3356; telephone (425) 227–2125; inspections of the pitot static heating
and Model EMB–145, –145ER, –145MR, fax (425) 227–1149. relay K0057 for damage to the pin-type
–145LR, –145XR, –145MP, and –145EP SUPPLEMENTARY INFORMATION: contacts, relay enclosure, and finishing
airplanes. The existing AD requires material and corrective actions if
repetitive inspections of the pitot static Comments Invited
necessary. That AD also requires doing
heating relay K0057 and corrective We invite you to submit any relevant a terminating modification, which ends
actions if necessary. The existing AD written data, views, or arguments the repetitive inspections. That AD
also requires doing a terminating regarding this proposed AD. Send your resulted from a report of a burning drain
modification, which ends the repetitive comments to an address listed in the hose and smoke caused by an
inspections. This proposed AD would ADDRESSES section. Include the docket overheated pitot static heating relay. We
remove the existing repetitive number ‘‘Docket No. FAA–2006–25925; issued that AD to prevent over-heating
inspections and instead would require a Directorate Identifier 2006–NM–167– of a certain pitot static heating relay,
one-time detailed inspection for damage AD’’ at the beginning of your comments. which could result in the burning of the
of the relay, relay socket, and silicone We specifically invite comments on the windowsill drain hoses and consequent
gasket; applicable corrective actions; overall regulatory, economic, smoke or fire in the airplane cockpit.
and a new action to modify and re- environmental, and energy aspects of
identify the relay socket. This proposed the proposed AD. We will consider all Actions Since Existing AD Was Issued
AD would also revise the existing comments received by the closing date Since we issued AD 2006–04–02, the
terminating modification—replacing/ and may amend the proposed AD in Agnêcia Nacional de Aviação Civil
rerouting the windowsill drain hoses— light of those comments. (ANAC), which is the airworthiness
into two parts, each with a different, We will post all comments we authority for Brazil, has notified us that
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reduced compliance time. This receive, without change, to http:// an operator reported smoke in the
proposed AD results from a report of dms.dot.gov, including any personal cockpit of an airplane that had been
smoke in the cockpit. We are proposing information you provide. We will also inspected in accordance with AD 2006–
this AD to prevent ignition of a post a report summarizing each 04–02. Investigation revealed that a
windowsill drain hose by an overheated substantive verbal contact with FAA windowsill drain hose resting against
relay, which could cause fire and smoke personnel concerning this proposed AD. the XK0057 relay socket had ignited,
in the cockpit. Using the search function of that Web creating fire and smoke. We therefore

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Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Proposed Rules 56901

determined that AD 2006–04–02 was and silicone gasket include the This proposed AD would supersede
not adequate to correct the unsafe following: AD 2006–04–02 and, for Model EMB–
condition. • Melted points or material stuck to 135BJ airplanes, would restate the
the sides or the surface of the silicone requirements of AD 2006–04–02 for
Relevant Service Information gasket; rerouting the drain hoses of the cockpit
EMBRAER has issued the following • Bellied surfaces, dents, and any horizontal linings. This proposed AD
service bulletins for Model EMB–135ER, crack in the paint of the relay enclosure; would also require accomplishing the
–135KE, –135KL, and –135LR airplanes • Discolored, loosened, or missing actions specified in the service bulletins
and Model EMB–145, –145ER, –145MR, pin-type contacts of the relay or relay described previously, except as
–145LR, –145XR, –145MP, and –145EP socket; discussed under ‘‘Differences Between
airplanes: • Any crack, loose material, or
the Proposed AD and Service
• Service Bulletin 145–30–0041, damaged sealant around the bases of the
Bulletins.’’
Revision 01, dated June 5, 2006; and contacts of the relay or relay socket;
• Alert Service Bulletin 145–30– • Any contamination of the pin-type Differences Between the Proposed AD
A050, dated May 31, 2006. contacts of the relay or relay socket; and and Service Bulletins
EMBRAER has issued the following • Any stuck material or roughness on
service bulletins for Model EMB–135BJ the surface where the pin-type contacts EMBRAER Alert Service Bulletins
airplanes: attach to the relay or relay socket. 145–30–A050 and 145LEG–30–A017
• Service Bulletin 145LEG–30–0011, The corrective actions include the specify contacting the manufacturer if
Revision 01, dated June 7, 2006; and following: discrepancies to components of the
• Alert Service Bulletin 145LEG–30– • Replacing any damaged K0057 relay relay support are found. However, this
A017, dated May 31, 2006. with a new K0057 relay; proposed AD would not require that
Service Bulletin 145–30–0041, • Replacing any damaged silicone action.
Revision 01, and Service Bulletin gasket with a new silicone gasket; and
• Replacing any damaged XK0057 Alert Service Bulletins 145–30–A050
145LEG–30–0011, Revision 01, include and 145LEG–30–A017 refer only to an
relay socket with a modified and re-
procedures that are divided into ‘‘inspection’’ of the K0057 relay,
identified relay socket.
separate parts with different compliance Accomplishing the actions specified XK0057 relay socket, and silicone
times for replacing the left- and right- in the service information is intended to gasket. However, we have determined
hand direct-vision windowsill drain adequately address the unsafe that the proper type of inspection is a
hoses with new, improved drain hoses, condition. ‘‘detailed inspection,’’ which
including modifying and re-identifying The ANAC mandated the service corresponds to the Brazilian
one drain hose. For Model EMB–135BJ information and issued Brazilian airworthiness directive. Note 1 of this
airplanes, the procedures for rerouting airworthiness directive 2005–08–04R1, proposed AD defines this type of
the drain hoses of the cockpit horizontal dated July 27, 2006, to ensure the inspection.
linings are unchanged. (EMBRAER continued airworthiness of these
Service Bulletins 145–30–0041, dated airplanes in Brazil. Brazilian Change to Existing AD
April 20, 2005, and 145LEG–30–0011, airworthiness directive 2005–08–04R1
dated April 20, 2005, were cited as This proposed AD would retain only
supersedes Brazilian airworthiness the replacement of the drain hoses
sources of service information for directive 2005–08–04, dated September
accomplishing the actions required by required by paragraph (i) of AD 2006–
5, 2005, which is the parallel 04–02, but with reduced compliance
paragraph (i) of AD 2006–04–02.) No airworthiness directive for AD 2006–04–
new actions have been included in the times. Paragraph (i) of AD 2006–04–02
02. corresponds to the actions specified in
revised service bulletins.
The alert service bulletins supersede FAA’s Determination and Requirements paragraphs (g) and (h) of this proposed
EMBRAER Service Bulletins 145LEG– of the Proposed AD AD, and those actions are required to be
30–0012 and 145–30–0042, both dated These airplane models are done in accordance with the latest
April 18, 2005, which were cited as manufactured in Brazil and are type revision of the applicable service
sources of service information for certificated for operation in the United bulletins. However, actions done before
accomplishing the repetitive inspections States under the provisions of section the effective date of this proposed AD in
required by AD 2006–04–02. 21.29 of the Federal Aviation accordance with the original issues of
The alert service bulletins describe Regulations (14 CFR 21.29) and the the applicable service bulletins are
procedures for performing a one-time applicable bilateral airworthiness acceptable for compliance with the
inspection for discrepancies of the agreement. Pursuant to this bilateral corresponding requirements of
K0057 relay, XK0057 relay socket, and airworthiness agreement, the ANAC has paragraphs (g) and (h) of this proposed
silicone gasket; modifying and re- kept the FAA informed of the situation AD.
identifying the relay socket; and doing described above. We have examined the Costs of Compliance
corrective actions if necessary. The ANAC’s findings, evaluated all
modification involves replacing two pertinent information, and determined The following table provides the
power contact pins in the relay socket that AD action is necessary for airplanes estimated costs for U.S. operators to
with new, improved power contact pins. of this type design that are certificated comply with this proposed AD at an
Discrepancies of the relay, relay socket, for operation in the United States. average labor rate of $80 per work hour.
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ESTIMATED COSTS
Number of
Cost per
Action/item Work hours Parts U.S.-registered Fleet cost
airplane airplanes

Detailed inspection ................................................................. 1 None ........... $80 651 $52,080

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56902 Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Proposed Rules

ESTIMATED COSTS—Continued
Number of
Cost per
Action/item Work hours Parts U.S.-registered Fleet cost
airplane airplanes

Modify/reidentify relay socket ................................................. 1 $10 1 ............ 90 651 58,590


Replace drain hoses 2 ............................................................ 2 268 .............. 428 651 278,628
1 Operator-supplied parts.
2 Includes rerouting of drain hoses of cockpit horizontal linings, if applicable.

Authority for This Rulemaking List of Subjects in 14 CFR Part 39 inspection for discrepancies of the pitot static
heating relay K0057, relay socket XK0057,
Title 49 of the United States Code Air transportation, Aircraft, Aviation and silicone gasket; modify and re-identify
specifies the FAA’s authority to issue safety, Safety. the XK0057 relay socket; and do all
rules on aviation safety. Subtitle I, The Proposed Amendment applicable corrective actions; in accordance
with the Accomplishment Instructions of
Section 106, describes the authority of Accordingly, under the authority EMBRAER Alert Service Bulletin 145LEG–
the FAA Administrator. Subtitle VII, delegated to me by the Administrator, 30–A017, dated May 31, 2006 (for Model
Aviation Programs, describes in more the FAA proposes to amend 14 CFR part EMB–135BJ airplanes); or EMBRAER Alert
detail the scope of the Agency’s 39 as follows: Service Bulletin 145–30–A050, dated May
authority. 31, 2006 (for Model EMB–135ER, –135KE,
PART 39—AIRWORTHINESS –135KL, and –135LR airplanes, and EMB–
We are issuing this rulemaking under 145, –145ER, –145MR, –145LR, –145XR,
the authority described in Subtitle VII, DIRECTIVES –145MP, and –145EP airplanes); as
Part A, Subpart III, Section 44701, 1. The authority citation for part 39 applicable; except where the service bulletins
‘‘General requirements.’’ Under that continues to read as follows: specify to contact the manufacturer if damage
section, Congress charges the FAA with to components for the relay support is found,
promoting safe flight of civil aircraft in Authority: 49 U.S.C. 106(g), 40113, 44701. this AD does not require that action. All
air commerce by prescribing regulations applicable corrective actions must be done
§ 39.13 [Amended] before further flight.
for practices, methods, and procedures 2. The Federal Aviation
the Administrator finds necessary for Note 1: For the purposes of this AD, a
Administration (FAA) amends § 39.13 detailed inspection is: ‘‘An intensive
safety in air commerce. This regulation by removing amendment 39–14483 (71 examination of a specific item, installation,
is within the scope of that authority FR 9434, February 24, 2006) and adding or assembly to detect damage, failure, or
because it addresses an unsafe condition the following new airworthiness irregularity. Available lighting is normally
that is likely to exist or develop on directive (AD): supplemented with a direct source of good
products identified in this rulemaking lighting at an intensity deemed appropriate.
action. Empresa Brasileira de Aeronautica S.A. Inspection aids such as mirror, magnifying
(EMBRAER): Docket No. FAA–2006– lenses, etc., may be necessary. Surface
Regulatory Findings 25925; Directorate Identifier 2006–NM– cleaning and elaborate procedures may be
167–AD. required.’’
We have determined that this Comments Due Date
proposed AD would not have federalism Replacement and Modification of Right-
(a) The FAA must receive comments on Hand Windowsill Drain Hoses
implications under Executive Order this AD action by October 30, 2006.
13132. This proposed AD would not (g) Within 600 flight hours or 180 days
have a substantial direct effect on the Affected ADs after the effective date of this AD, whichever
occurs first, do the actions required by
States, on the relationship between the (b) This AD supersedes AD 2006–04–02.
paragraph (g)(1), (g)(2), and (g)(3) of this AD,
national Government and the States, or Applicability as applicable, in accordance with the
on the distribution of power and Accomplishment Instructions of EMBRAER
(c) This AD applies to all EMBRAER Model
responsibilities among the various EMB–135BJ, –135ER, –135KE, –135KL, and Service Bulletin 145LEG–30–0011, Revision
levels of government. –135LR airplanes and Model EMB–145, 01, dated June 7, 2006 (for Model EMB–135BJ
–145ER, –145MR, –145LR, –145XR, –145MP, airplanes); or EMBRAER Service Bulletin
For the reasons discussed above, I
and –145EP airplanes, certificated in any 145–30–0041, Revision 01, dated June 5,
certify that the proposed regulation: 2006 (for Model EMB–135ER, –135KE,
category.
1. Is not a ‘‘significant regulatory –135KL, and –135LR airplanes, and EMB–
action’’ under Executive Order 12866; Unsafe Condition 145, –145ER, –145MR, –145LR, –145XR,
(d) This AD results from a report of smoke –145MP, and –145EP airplanes); as
2. Is not a ‘‘significant rule’’ under the applicable.
in the cockpit. We are issuing this AD to
DOT Regulatory Policies and Procedures prevent ignition of a windowsill drain hose (1) For all airplanes: Modify and re-identify
(44 FR 11034, February 26, 1979); and by an overheated relay, which could cause the drain hose having part number (P/N)
3. Will not have a significant fire and smoke in the cockpit. 123–15435–405, in accordance with Figure 1
of the applicable service bulletin.
economic impact, positive or negative, Compliance (2) For all airplanes: Replace the right-hand
on a substantial number of small entities (e) You are responsible for having the windowsill drain hoses having P/N 123–
under the criteria of the Regulatory actions required by this AD performed within 15435–403 with new, improved hoses, P/N
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Flexibility Act. the compliance times specified, unless the 145–13047–001 and 145–13044–005; and
We prepared a regulatory evaluation actions have already been done. replace the tiedown straps with new tiedown
straps, in accordance with Figure 1 of the
of the estimated costs to comply with Inspection and Modification of Relay/Relay applicable service bulletin.
this proposed AD and placed it in the Socket, and Corrective Actions (3) For Model EMB–135BJ airplanes:
AD docket. See the ADDRESSES section (f) Within 600 flight hours or 180 days after Reroute the drain hoses of the right cockpit
for a location to examine the regulatory the effective date of this AD, whichever horizontal linings, in accordance with Figure
evaluation. occurs first: Do a one-time detailed 2 of the applicable service bulletin.

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Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Proposed Rules 56903

Replacement of Left-Hand Windowsill Drain DEPARTMENT OF TRANSPORTATION International Branch, ANM–116, FAA,
Hoses Transport Airplane Directorate, 1601
(h) Within 1,200 flight hours or 360 days Federal Aviation Administration Lind Avenue, SW., Renton, Washington
after the effective date of this AD, whichever 98057–3356; telephone (425) 227–1175;
occurs first, do the actions required by 14 CFR Part 39 fax (425) 227–1149.
paragraph (h)(1) and (h)(2) of this AD, as [Docket No. FAA–2006–25920; Directorate SUPPLEMENTARY INFORMATION:
applicable, in accordance with the Identifier 2006–NM–137–AD] Comments Invited
Accomplishment Instructions of EMBRAER
Service Bulletin 145LEG–30–0011, Revision RIN 2120–AA64 We invite you to submit any relevant
01, dated June 7, 2006 (for Model EMB–135BJ written data, views, or arguments
Airworthiness Directives; BAE
airplanes); or EMBRAER Service Bulletin regarding this proposed AD. Send your
Systems (Operations) Limited Model
145–30–0041, Revision 01, dated June 5, comments to an address listed in the
BAe 146 and Avro 146–RJ Airplanes
2006 (for Model EMB–135ER, –135KE, ADDRESSES section. Include the docket
–135KL, and –135LR airplanes, and EMB– AGENCY: Federal Aviation number ‘‘FAA–2006–25920; Directorate
145, –145ER, –145MR, –145LR, –145XR, Administration (FAA), Department of Identifier 2006–NM–137–AD’’ at the
–145MP, and –145EP airplanes); as Transportation (DOT). beginning of your comments. We
applicable. ACTION: Notice of proposed rulemaking specifically invite comments on the
(1) For all airplanes: Replace the left-hand (NPRM). overall regulatory, economic,
windowsill drain hoses having P/N 123– environmental, and energy aspects of
15435–401 and –403 with new, improved SUMMARY: The FAA proposes to adopt a the proposed AD. We will consider all
hoses having P/N 145–13044–001 and P/N new airworthiness directive (AD) for all comments received by the closing date
145–13047–001, and replace the tiedown BAE Systems (Operations) Limited and may amend the proposed AD in
straps with new tiedown straps, in Model BAe 146 and Model Avro 146– light of those comments.
accordance with Figure 1 of the applicable RJ airplanes. This proposed AD would We will post all comments we
service bulletin. require calculating the current life of receive, without change, to http://
(2) For Model EMB–135BJ airplanes, each lift spoiler jack, and eventually dms.dot.gov, including any personal
reroute the drain hoses of the left cockpit replacing each lift spoiler jack. This information you provide. We will also
horizontal linings, in accordance with Figure proposed AD results from a review of all post a report summarizing each
2 of the applicable service bulletin. system components as part of the life- substantive verbal contact with FAA
extension program for the affected personnel concerning this proposed AD.
Actions Accomplished According to
airplanes that indicated the fatigue life Using the search function of that Web
Previous Issue of Service Bulletin
limit of certain lift spoiler jacks cannot site, anyone can find and read the
(i) Any replacement/rerouting of the drain be extended from the current life limit. comments in any of our dockets,
hoses accomplished before the effective date We are proposing this AD to prevent including the name of the individual
of this AD in accordance with EMBRAER failure of the lift spoiler jack, and who sent the comment (or signed the
Service Bulletin 145–30–0041 or 145LEG– consequent increased drag and comment on behalf of an association,
30–0011, both dated April 20, 2005, as uncommanded roll inputs, which could business, labor union, etc.). You may
applicable, is considered acceptable for reduce the flightcrew’s ability to control review the DOT’s complete Privacy Act
compliance with the requirements of the airplane. Statement in the Federal Register
paragraphs (g) and (h) this AD. DATES: We must receive comments on published on April 11, 2000 (65 FR
Alternative Methods of Compliance this proposed AD by October 30, 2006. 19477–78), or you may visit http://
(AMOCs) ADDRESSES: Use one of the following dms.dot.gov.
(j)(1) The Manager, ANM–116, addresses to submit comments on this Examining the Docket
International Branch, FAA, has the authority proposed AD.
to approve AMOCs for this AD, if requested • DOT Docket Web site: Go to http:// You may examine the AD docket on
in accordance with the procedures found in dms.dot.gov and follow the instructions the Internet at http://dms.dot.gov, or in
14 CFR 39.19. for sending your comments person at the Docket Management
(2) Before using any AMOC approved in electronically. Facility office between 9 a.m. and 5
accordance with § 39.19 on any airplane to • Government-wide rulemaking Web p.m., Monday through Friday, except
which the AMOC applies, notify the site: Go to http://www.regulations.gov Federal holidays. The Docket
appropriate principal inspector in the FAA and follow the instructions for sending Management Facility office (telephone
Flight Standards Certificate Holding District your comments electronically. (800) 647–5227) is located on the plaza
Office. • Mail: Docket Management Facility, level of the Nassif Building at the DOT
U.S. Department of Transportation, 400 street address stated in the ADDRESSES
Related Information Seventh Street SW., Nassif Building, section. Comments will be available in
(k) Brazilian airworthiness directive 2005– Room PL–401, Washington, DC 20590. the AD docket shortly after the Docket
08–04R1, effective July 27, 2006, also • Fax: (202) 493–2251. Management System receives them.
addresses the subject of this AD. • Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building, Discussion
Issued in Renton, Washington, on 400 Seventh Street SW., Washington, The European Aviation Safety Agency
September 22, 2006.
DC, between 9 a.m. and 5 p.m., Monday (EASA), which is the airworthiness
Ali Bahrami, through Friday, except Federal holidays. authority for the European Union,
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Manager, Transport Airplane Directorate, Contact British Aerospace Regional notified us that an unsafe condition may
Aircraft Certification Service. Aircraft American Support, 13850 exist on all BAE Systems (Operations)
[FR Doc. E6–15947 Filed 9–27–06; 8:45 am] Mclearen Road, Herndon, Virginia Limited Model BAe 146 and Model
BILLING CODE 4910–13–P 20171, for service information identified Avro 146–RJ airplanes. The EASA
in this proposed AD. advises that the life limit of the affected
FOR FURTHER INFORMATION CONTACT: airplanes ranges from 40,000 flight
Todd Thompson, Aerospace Engineer, cycles to 50,000 flight cycles, depending

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