[Federal Register Volume 63, Number 76 (Tuesday, April 21, 1998)]
[Proposed Rules]
[Pages 19677-19678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10477]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-66-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) EMB-145 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain EMBRAER EMB-145 series
airplanes. This proposal would require modification of the windshield
heating system in the flight compartment. This proposal is prompted by
reports of overheating and delamination of the windshield because the
windshield heating system failed to shut off during flight. The action
specified by the proposed AD is intended to prevent failure of the
windshield heating system, which could result in reduced pilot
visibility, structural degradation of the windshield, and
depressurization of the airplane during flight.
DATES: Comments must be received by May 21, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-66-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.
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; or at the FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia.
FOR FURTHER INFORMATION CONTACT: John W. McGraw, Aerospace Engineer,
Systems and Flight Test Branch, ACE-116A, FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30337-2748;
telephone (770) 703-6098; fax (770) 703-6097.
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 notice may be changed in
light of the comments received.
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 notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 98-NM-66-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. 98-NM-66-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The FAA has received reports of overheating and delamination of the
windshield in the flight compartment because the windshield heating
system failed to shut off during flight. The cause of the failure of
the windshield heating system has been attributed to failure of the
contactor in the closed position and failure of the electrical
connections between the contactor and
[[Page 19678]]
the busbar. This condition, if not corrected, could result in reduced
pilot visibility, structural degradation of the windshield, and
depressurization of the airplane during flight.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin 145-30-0008, dated November 10,
1997, which describes procedures for modification of the windshield
heating system in the flight compartment. This modification involves
installation of a support beam between frames 10 and 12 at the right-
and left-hand cockpit floor; installation of an additional contactor,
circuit breaker, and associated wiring; and installation of an
auxiliary relay and associated wiring. Accomplishment of the actions
specified in the service bulletin is intended to adequately address the
identified unsafe condition. The Departmento de Aviacao Civil (DAC),
which is the airworthiness authority for Brazil, has approved this
service bulletin.
FAA's Conclusions
The FAA has reviewed the service bulletin described previously and
has determined that accomplishment of the actions specified in the
service bulletin will positively address the identified unsafe
condition.
U.S. Type Certification of the Airplane
This airplane model is manufactured in Brazil and is type
certificated for operation in the United States under the provisions of
Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness agreement.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require accomplishment of
the actions specified in the service bulletin described previously.
Cost Impact
The FAA estimates that 17 airplanes of U.S. registry would be
affected by this proposed AD. It would take approximately 12 work hours
per airplane to accomplish the proposed modifications, at an average
labor rate of $60 per work hour. Required parts would be supplied by
the manufacturer at no cost to the operators. Based on this figure, the
cost impact of the proposed AD on U.S. operators is estimated to be
$12,240, or $720 per airplane.
The cost impact figure discussed above is 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.
Regulatory Impact
The regulations proposed herein would not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
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 98-NM-66-
AD.
Applicability: Model EMB-145 series airplanes, serial numbers
145004 through 145029 inclusive; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent failure of the windshield heating system, which could
result in reduced pilot visibility, structural degradation of the
windshield, and depressurization of the airplane during flight,
accomplish the following:
(a) Within 60 days after the effective date of this AD, modify
the windshield heating system in accordance with EMBRAER Service
Bulletin 145-30-0008, dated November 10, 1997.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Atlanta Aircraft Certification
Office (ACO), FAA, Small Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Atlanta ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Issued in Renton, Washington, on April 15, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-10477 Filed 4-20-98; 8:45 am]
BILLING CODE 4910-13-U
