[Federal Register Volume 70, Number 19 (Monday, January 31, 2005)]
[Rules and Regulations]
[Pages 4760-4761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1515]
[[Page 4760]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19526; Directorate Identifier 2004-NM-140-AD;
Amendment 39-13952; AD 2005-02-07]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ Series 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
certain EMBRAER Model EMB-135BJ series airplanes. This AD requires
modifying the electrical wiring for the ``stick pusher'' system. This
AD is prompted by a report that the stick pushers are not being
inhibited when the AP/PUSH/TRIM switches are activated, which can
result in reduced controllability of the airplane if there is a system
malfunction. We are issuing this AD to prevent reduced controllability
of the airplane if the stick pusher system malfunctions.
DATES: This AD becomes effective March 7, 2005.
The incorporation by reference of a certain publication listed in
the AD is approved by the Director of the Federal Register as of March
7, 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. You can examine this
information 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.
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-2004-19526; the directorate
identifier for this docket is 2004-NM-140-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 certain EMBRAER Model EMB-135BJ series airplanes. That
action, published in the Federal Register on November 4, 2004 (69 FR
64262), proposed to require modifying the electrical wiring for the
``stick pusher'' system.
Comments
We provided the public the opportunity to participate in the
development of this AD. No comments have been submitted on the proposed
AD or on the determination of the cost to the public.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this AD.
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of
Work Average Cost per U.S.-
Action hours labor rate Parts airplane registered Fleet cost
per hour airplanes
----------------------------------------------------------------------------------------------------------------
Modification........................ 2 $65 $7 $137 7 $959
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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:
[[Page 4761]]
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):
2005-02-07 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-13952. Docket No. FAA-2004-19526; Directorate
Identifier 2004-NM-140-AD.
Effective Date
(a) This AD becomes effective March 7, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-135BJ series airplanes,
serial numbers 145462, 145495, 145505, 145528, 145625, 145637, and
145642; certificated in any category.
Unsafe Condition
(d) This AD was prompted by a report that the stick pushers are
not being inhibited when the AP/PUSH/TRIM switches are activated,
which can result in reduced controllability of the airplane if there
is a system malfunction. We are issuing this AD to prevent reduced
controllability of the airplane if the stick pusher system
malfunctions.
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.
Modification of Electrical Wiring
(f) Within 400 flight hours or 180 calendar days after the
effective date of this AD, whichever is first: Modify the wiring for
the stick pusher system by accomplishing all of the actions
specified in the Accomplishment Instructions of EMBRAER Service
Bulletin 145LEG-27-0009, dated March 1, 2004.
Alternative Methods of Compliance (AMOCs)
(g) 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
(h) Brazilian airworthiness directive 2004-04-02, dated May 6,
2004, also addresses the subject of this AD.
Material Incorporated by Reference
(i) You must use EMBRAER Service Bulletin 145LEG-27-0009, dated
March 1, 2004, 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 this document in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For 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. For information on the availability of this material at the
National Archives and Records Administration (NARA), call (202) 741-
6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html html. You
may view the AD docket at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., room PL-401,
Nassif Building, Washington, DC.
Issued in Renton, Washington, on January 18, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-1515 Filed 1-28-05; 8:45 am]
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