[Federal Register: January 28, 2004 (Volume 69, Number 18)]
[Rules and Regulations]
[Page 4057-4058]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja04-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-330-AD; Amendment 39-13437; AD 2004-02-02]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 and -145 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain EMBRAER Model EMB-135 and EMB-145 series
airplanes, that requires relocating the pitot 1 and pitot 2 drain
valves from the nose landing gear compartment to the forward electronic
compartment, and accomplishing follow-on actions. This action is
necessary to prevent ice from damaging the pitot drain valves, which
could cause airspeed indication errors, resulting in display of
erroneous or misleading information to the flight crew. This action is
intended to address the identified unsafe condition.
DATES: Effective March 3, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 3, 2004.
ADDRESSES: The service information referenced in this AD 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 Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain EMBRAER Model EMB-135 and
EMB-145 series airplanes was published in the Federal Register on
November 14, 2003 (68 FR 64572). That action proposed to require
relocating the pitot 1 and pitot 2 drain valves from the nose landing
gear compartment to the forward electronic compartment, and
accomplishing follow-on actions.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments have been submitted on the
proposed AD or on the determination of the cost to the public.
Conclusion
The FAA has carefully reviewed the available data and determined
that air safety and the public interest require the adoption of the
rule as proposed.
Cost Impact
The FAA estimates that 374 airplanes of U.S. registry will be
affected by this
[[Page 4058]]
AD, that it will take approximately 2 work hours per airplane to
accomplish the required actions, and that the average labor rate is $65
per work hour. Required parts will cost approximately between $301 and
$304 per airplane. Based on these figures, the cost impact of the AD on
U.S. operators is estimated to be between $161,194 and $162,316, or
between $431 and $434 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the 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.
Regulatory Impact
The regulations adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness
directive:
Empresa Brasileira De Aeronautica S.A. (EMBRAER): Amendment 39-
13437. Docket 2002-NM-330-AD.
Applicability: Model EMB-135 and -145 series airplanes; as
listed in EMBRAER Service Bulletin 145-34-0070, Change 03, dated
July 16, 2003; and EMBRAER Service Bulletin 145LEG-34-0002, dated
September 23, 2002; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent ice from damaging the pitot drain valves, which could
cause airspeed indication errors, resulting in display of erroneous
or misleading information to the flight crew, accomplish the
following:
Relocation
(a) Within 2,000 flight hours or 12 months after the effective
date of this AD, whichever occurs first: Relocate the pitot 1 and
pitot 2 drain valves from the nose landing gear compartment to the
forward electronic compartment; and install a plug, washers, and a
nut to close the hole in the structure where the pitot 1 and pitot 2
drain valves were removed; per the Accomplishment Instructions of
EMBRAER Service Bulletin 145-34-0070, Change 03, dated July 16,
2003; or EMBRAER Service Bulletin 145LEG-34-0002, dated September
23, 2002; as applicable.
Installation
(b) After accomplishment of paragraph (a) of this AD but prior
to further flight: Install a new placard and apply sealant on the
placard per the Accomplishment Instructions of EMBRAER Service
Bulletin 145-34-0070, Change 03, dated July 16, 2003; or EMBRAER
Service Bulletin 145LEG-34-0002, dated September 23, 2002; as
applicable.
Actions Accomplished Per Previous Issue of Service Bulletin
(c) Actions accomplished before the effective date of this AD
per EMBRAER Service Bulletin 145-34-0070, original issue, dated
April 23, 2002; EMBRAER Service Bulletin 145-34-0070, Change 01,
dated September 23, 2002; and EMBRAER Service Bulletin 145-34-0070,
Change 02, dated December 2, 2002; are considered acceptable for
compliance with the corresponding action specified in this AD.
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.
Incorporation by Reference
(e) Unless otherwise specified in this AD, the actions shall be
done in accordance with EMBRAER Service Bulletin 145-34-0070, Change
03, dated July 16, 2003; or EMBRAER Service Bulletin 145LEG-34-0002,
dated September 23, 2002; as applicable. EMBRAER Service Bulletin
145-34-0070, Change 03, contains the following effective pages:
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Change
level Date shown
Page No. shown on page
on page
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1, 2, 5, 6........................................ 03 7-16-2003
3, 4, 7-15........................................ 01 9-23-2002
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This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Empresa Brasileira de Aeronautica
S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos Campos--SP,
Brazil. Copies may be inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
Note 1: The subject of this AD is addressed in Brazilian
airworthiness directive 2002-06-01R1, dated November 8, 2002.
Effective Date
(f) This amendment becomes effective on March 3, 2004.
Issued in Renton, Washington, on January 14, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-1561 Filed 1-27-04; 8:45 am]
BILLING CODE 4910-13-P