AD 2008-22-19

This AD becomes effective December 19, 2008.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of December 19, 2008.

You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-1405; fax (425) 227-1149.

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on April 29, 2008 (73 FR 23134). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:

It has been found the occurrence of smoke in the flight deck originated from Pitot 1/2 and TAT 1/2 current sensor relays and [their]respective sockets, caused by poor electrical contacts between those relays and their sockets.

The unsafe condition is that smoke in the flight deck may interfere with the flightcrew's ability to operate the airplane. Corrective actions include inspecting for damage of the Pitot 1 and 2 and TAT 1 and 2 current sensor relays and sockets; and, as applicable, replacing the A1 and C1 electrical contacts of the sockets and reidentifying the sockets, replacing the sockets, and replacing current sensor relays. Damage may include melted points or stuck material of the silicone gasket, incorrect shape of the current sensor relay/sockets, discoloration of contacts, loose pin-type contacts, cracking or loose material of the polish and sealant of the bases, contaminants of the current sensor relays/sockets, and stuck material or roughness of the surface of the current sensor relay/pin-type contact. You may obtain further information by examining the MCAI in the AD docket.

We gave the public the opportunity to participate in developing this AD. We considered the comment[s]received.

ExpressJet Airlines requests that we clarify the requirements for the inspection proposed by the NPRM. Embraer Service Bulletin 145-30-0052, dated August 2, 2007 (specified in the NPRM), calls for doing a general visual inspection, reporting damage that was found, and reporting service bulletin compliance. ExpressJet states that the NPRM calls for a detailed inspection and does not omit the reporting requirements. ExpressJet notes that it is not clear if inspections accomplished before the effective date of the AD according to the service bulletin would be acceptable for compliance or if an additional inspection would need to be accomplished. ExpressJet also notes it is not clear if reporting is required.

We agree that clarification is needed. Agência Nacional de Aviação Civil (ANAC), which issued the Brazilian Airworthiness Directive referenced in the NPRM, determined that a detailed inspection is necessary, instead of the general visual inspection specified in the referenced service bulletin, to adequately detect possible damage. We concurred with that determination. Wherever the requirements of an AD and the referenced service information differ, the AD takes precedence. Therefore, an inspection for possible damage that is accomplished before the effective date of this AD must be a detailed inspection to be acceptable for compliance with the requirements of this AD.

After we published the NPRM, we received Revision 01 to Embraer Service Bulletin 145-30-0052, dated January 23, 2008; and Revision 01 to Embraer Service Bulletin 145LEG-30-0019, dated January 25, 2008 (the original issue was referred to in the NPRM). Revision 01 of each service bulletin specifies a detailed inspection. We have revised paragraph (f) of this AD to reference Revision 01 of each service bulletin and provide credit for accomplishing the original issue of the service bulletin, as long as a detailed inspection technique is used.

Additionally, although the service bulletin specifies reporting damage and service bulletin compliance, this AD does not require reporting. Our intent is to match the actions specified in the Brazilian Airworthiness Directive, which does not require the reporting. However, an operator may elect to submit such information, although not required to do so by this AD. We have not changed the AD in this regard.

Air Line Pilots Association, International (ALPA), supports the intent of the AD, but considers the proposed 2,500-flight-hours or 24-months (whichever is first) compliance time to be excessive. ALPA recommends a shorter compliance time.

We disagree with the commenter's request. While the service bulletins recommend a compliance time of 6,000 flight hours or 48 months, ANAC specified a compliance time of 2,500 flight hours or 24 months based on its engineering analysis. We concur with ANAC's engineering analysis and have determined that the compliance time, as proposed, represents an appropriate interval of time in which the required actions can be performed and provides an acceptable level of safety. We have not changed the AD in this regard.

We have revised the model designations in the applicability of this AD to match the designations as published in the most recent type certificate data sheet for the affected models.

We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of the AD.

We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.

We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a NOTE within the AD.

We estimate that this AD will affect 704 products of U.S. registry. We also estimate that it will take about 8 work- hours per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $450,560, or $640 per product.

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.

We 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 this AD:

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. 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.

You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new AD: