[Federal Register: July 11, 2005 (Volume 70, Number 131)]
[Rules and Regulations]
[Page 39642-39644]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy05-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20733; Directorate Identifier 2005-NM-004-AD;
Amendment 39-14179; AD 2005-14-02]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 and Model EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP
airplanes. This AD requires inspecting to determine the part number of
the left and right engine fire handles; and replacing the engine fire
handles with engine fire handles having different part numbers if
necessary. This AD is prompted by cases of the internal circuit of the
engine fire handle failing. We are issuing this AD to prevent failure
of the internal circuit of the engine fire handle that could disable
the fuel shut-off valves and the discharge of the fire extinguishing
agent, which, in the event of a fire, could result in the inability to
extinguish a fire.
DATES: This AD becomes effective August 15, 2005.
The incorporation by reference of certain publications listed in
the AD is approved by the Director of the Federal Register as of August
15, 2005.
ADDRESSES: For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP
12.225, Sao Jose dos Campos--SP, Brazil.
Docket: The AD docket contains the proposed AD, comments, and any
final disposition. You can examine the AD docket on the Internet at
http://dms.dot.gov, or in person at the Docket Management Facility
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S.
Department of Transportation, 400 Seventh Street, SW., room PL-401,
Washington, DC. This docket number is FAA-2005-20733; the directorate
identifier for this docket is 2005-NM-004-AD.
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: The FAA proposed to amend 14 CFR part 39
with an AD for all Empresa Brasileira de Aeronautica S.A. (EMBRAER)
Model EMB-135 and EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and
-145EP airplanes. That action, published in the Federal Register on
March 31, 2005 (70 FR 16447), proposed to require inspecting to
determine the part number of the left and right engine fire handles;
and replacing the engine fire handles with engine fire handles having
different part numbers if necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the single comment that has
been submitted on the proposed AD.
Request To Allow Installation of Alternative Parts
The commenter asks that the language specified in the proposed AD
be changed to allow installation of alternative parts. The commenter
states that the proposed AD is objectionable because it specifies part
numbers that are to be installed, to the exclusion of other possibly
acceptable parts. The commenter notes that 14 CFR 21.303(a), Parts
Manufacturing Approval (PMA), provides a legal mechanism for the
installation of alternative parts; a rule that mandates only certain
parts for installation contravenes existing law and may not be legally
enforceable. The commenter adds that although no known PMA alternatives
have been identified for the parts that are found defective per this
proposed AD, it is still possible that parts now existing, or
manufactured in the future, could be legally used in place of those
specified in the proposed AD. The commenter states that allowing PMA
alternatives can be accomplished by changing paragraph (f) of the
proposed AD to add the phrase ``or PMA alternatives'' to the end of the
sentence which identifies the part numbers for installation.
We do not agree. ADs are issued to provide a means of compliance
for operators to ensure that the identified unsafe condition is
properly addressed, and the service information referenced in this AD
identifies the replacement parts necessary to obtain that compliance.
It is impossible for us to foresee all the potential means to correct
the unsafe condition, including the availability of replacement parts
from sources other than the original manufacturer. This is especially
true for yet-to-be designed replacement parts. It is our policy to
allow the use of alternative parts, which may exist or may not yet be
manufactured, in place of the replacement parts specified in the
requirements of this AD only after a review of the design data for
those parts to verify that the unsafe condition will not be
reintroduced. This review is conducted once we receive a request for an
alternative method of compliance. Any operator who would like to use an
alternate type of engine fire handle may submit a request for approval
of an alternative method of compliance, as specified in paragraph (i)
of this AD. The request must include data substantiating that an
acceptable level of safety would be maintained by use of the alternate
type of engine fire handle. No change to the AD is needed in this
regard.
[[Page 39643]]
Explanation of Change to Applicability
We have revised the applicability of the proposed AD to identify
model designations as published in the most recent type certificate
data sheet for the affected models.
Conclusion
We have carefully reviewed the available data, including the
comment that has been submitted, and determined that air safety and the
public interest require adopting the AD with the change described
previously. This change will neither increase the economic burden on
any operator nor increase the scope of the AD.
Costs of Compliance
This AD will affect about 616 airplanes of U.S. registry. The
actions would take about 2 work hours per airplane, at an average labor
rate of $65 per work hour. Based on these figures, the estimated cost
of the AD for U.S. operators is $80,080, or $130 per airplane.
Authority for This Rulemaking
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.
Regulatory Findings
We have 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 that this AD:
(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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD. See the ADDRESSES section for a location to
examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2005-14-02 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14179. Docket No. FAA-2005-20733; Directorate
Identifier 2005-NM-004-AD.
Effective Date
(a) This AD becomes effective August 15, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model EMB-135 and Model EMB-
145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes,
certificated in any category; as identified in EMBRAER Service
Bulletin 145-26-0012, Revision 01, dated January 6, 2005; and
EMBRAER Service Bulletin 145LEG-26-0003, Revision 01, dated January
6, 2005.
Unsafe Condition
(d) This AD was prompted by cases of the internal circuit of the
engine fire handle failing. We are issuing this AD to prevent
failure of the internal circuit of the engine fire handle that could
disable the fuel shut-off valves and the discharge of the fire
extinguishing agent, which, in the event of a fire, could result in
the inability to extinguish a fire.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Inspection
(f) Within 1,000 flight hours or 180 days after the effective
date of this AD, whichever is first: Inspect to determine the part
number (P/N) of the left and right engine fire handles, in
accordance with the Accomplishment Instructions of EMBRAER Service
Bulletin 145-26-0012, Revision 01, dated January 6, 2005 (for Model
EMB-135 and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes, except for Model EMB-135BJ airplanes); or
EMBRAER Service Bulletin 145LEG-26-0003, Revision 01, dated January
6, 2005 (for Model EMB-135BJ series airplanes); as applicable.
Instead of inspecting the left and right engine fire handles, a
review of airplane maintenance records is acceptable if the P/Ns of
the left and right engine fire handles can be determined
conclusively from that review. If left and right engine fire
handles, P/Ns 1-7054-1 and 2-7054-1, respectively, are found
installed on the airplane, then no further action is required by
this paragraph. If any engine fire handle having P/N 1-7054-2 or 2-
7054-2 is found installed on the airplane, before further flight,
replace the engine fire handle with an engine fire handle having P/N
1-7054-1 or 2-7054-1, as applicable, in accordance with the service
bulletin.
Parts Installation
(g) As of the effective date of this AD, no person may install
left or right engine fire handles, P/Ns 1-7054-2 and 2-7054-2, on
any airplane.
Credit for Previous Service Bulletin
(h) Actions done before the effective date of this AD in
accordance with EMBRAER Service Bulletin 145-26-0012, dated October
6, 2004; or EMBRAER Service Bulletin 145LEG-26-0003, dated October
6, 2004; as applicable; are acceptable for compliance with the
requirements of paragraph (f) of this AD.
Alternative Methods of Compliance (AMOCs)
(i) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
Related Information
(j) Brazilian airworthiness directive 2004-10-01, effective
October 30, 2004, also addresses the subject of this AD.
Material Incorporated by Reference
(k) You must use EMBRAER Service Bulletin 145-26-0012, Revision
01, dated January 6, 2005; or EMBRAER Service Bulletin 145LEG-26-
0003, Revision 01, dated January 6, 2005; as applicable; to perform
the actions that are required by this AD, unless the AD specifies
otherwise. The Director of the Federal Register approves the
incorporation by reference of these
[[Page 39644]]
documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To
get copies of the service information, contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos
Campos--SP, Brazil. To view the AD docket, go to the Docket
Management Facility, U.S. Department of Transportation, 400 Seventh
Street SW., room PL-401, Nassif Building, Washington, DC. To review
copies of the service information, go to the National Archives and
Records Administration (NARA). For information on the availability
of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Issued in Renton, Washington, on June 29, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-13431 Filed 7-8-05; 8:45 am]
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