[Federal Register Volume 69, Number 137 (Monday, July 19, 2004)]
[Rules and Regulations]
[Pages 42860-42861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16033]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2004-NM-48-AD; Amendment 39-13734; AD 2004-14-25]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-120 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 Empresa Brasileira de Aeronautica S.A. (EMBRAER)
Model EMB-120 series airplanes, that requires installing a lightning
bonding jumper from the lower rotating beacon to the airframe. This
action is necessary to prevent possible multiple avionics failures
caused by a lightning strike, which could reduce the ability of the
flightcrew to control the airplane. This action is intended to address
the identified unsafe condition.
DATES: Effective August 23, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 23, 2004.
ADDRESSES: The service information referenced in this AD may be
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), PO 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 National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
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-120
series airplanes was published in the Federal Register on April 29,
2004 (69 FR 23456). That action proposed to require installing a
lightning bonding jumper from the lower rotating beacon to the
airframe.
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
After careful review of the available data, we have determined that
air safety and the public interest require the adoption of the rule as
proposed.
Cost Impact
We estimate that 217 airplanes of U.S. registry will be affected by
this AD, that it will take approximately 3 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 $134 per
airplane. Based on these figures, the cost impact of the AD on U.S.
operators is estimated to be $71,393, or $329 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:
2004-14-25 Empresa Brasileira De Aeronautica S.A. (EMBRAER):
Amendment 39-13734. Docket 2004-NM-48-AD.
Applicability: Model EMB-120 series airplanes, serial numbers
120004, and 120006 through 120359 inclusive; certificated in any
category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent possible multiple avionics failures caused by a
lightning strike, which could reduce the ability of the flightcrew
to control the airplane, accomplish the following:
(a) Within 4,000 flight hours or 30 months after the effective
date of this AD, whichever comes first: Install a lightning bonding
[[Page 42861]]
jumper from the lower rotating beacon to the airframe in accordance
with the Accomplishment Instructions of EMBRAER Service Bulletin
120-33-0037, dated November 5, 2003.
Alternative Methods of Compliance
(b) 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.
Incorporation by Reference
(c) The actions shall be done in accordance with EMBRAER Service
Bulletin 120-33-0037, dated November 5, 2003. 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 Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Note 1: The subject of this AD is addressed in Brazilian
airworthiness directive 2004-01-06, dated February 5, 2004.
Effective Date
(d) This amendment becomes effective on August 23, 2004.
Issued in Renton, Washington, on July 8, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-16033 Filed 7-16-04; 8:45 am]
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