[Federal Register: March 10, 2005 (Volume 70, Number 46)]
[Rules and Regulations]
[Page 11848-11850]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr05-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-34-AD; Amendment 39-13998; AD 2005-05-09]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 and -145 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (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 -145 series airplanes.
This AD requires modification of the
[[Page 11849]]
mid, aft, and forward upper liners in the baggage compartment. The
modification involves replacing the plastic lens protection grids on
all upper liners with new, light metal lens protection grids. This AD
is necessary to prevent the plastic lens protection grids from breaking
away and exposing the lens as a source of fire, which could lead to
fire damage to the aircraft systems and structure, and expose the
passengers and crew to hazardous quantities of smoke. This action is
intended to address the identified unsafe condition.
DATES: Effective April 14, 2005.
The incorporation by reference of a certain publication listed in
the regulations is approved by the Director of the Federal Register as
of April 14, 2005.
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.
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
-145 series airplanes was published in the Federal Register on December
17, 2003 (68 FR 70204). That action proposed to require modification of
the mid, aft, and forward upper liners in the baggage compartment. The
modification would involve replacing the plastic lens protection grids
on all upper liners with new, light metal lens protection grids.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Supportive Comment
One commenter supports the proposed AD.
Request To Include Additional Service Information
One commenter notes that the proposed AD requires the installation
of modified cargo liners in accordance with EMBRAER Service Bulletin
145-25-0168, Change 02, dated August 8, 2000. The commenter states that
EMBRAER Service Bulletin 145-25-0133, Change 01 and subsequent, include
similar instructions for installing those same modified cargo liners.
The commenter suggests that the proposed AD be revised to indicate that
actions accomplished previously in accordance with EMBRAER Service
Bulletin 145-25-0133, Change 01 and subsequent, are acceptable for
compliance with the corresponding requirement of the proposed AD.
The commenter points out that C&D Aerospace Service Bulletin 145-
20216-25-03, Revision 2, dated June 9, 2000, which is included in
EMBRAER Service Bulletin 145-25-0168, Change 02, includes a note
stating that, for airplanes having S/Ns 004/0118 and 0120/0133,
accomplishing C&D Service Bulletin 145-20216-25-03 is not required if
an operator has accomplished the actions included in EMBRAER Service
Bulletin 145-25-0133. The commenter recommends that paragraphs (a) and
(b) of the proposed AD be revised to reference EMBRAER Service Bulletin
145-25-0133, Change 01 and subsequent, and C&D Aerospace Service
Bulletin 145-20216-25-01. C&D Aerospace Service Bulletin 145-20216-25-
01 is included in EMBRAER Service Bulletin 145-25-0133.
We do not agree to refer to ``Change 01 and subsequent'' of EMBRAER
Service Bulletin 145-25-0133, or C&D Aerospace Service Bulletin 145-
20216-25-01, in paragraphs (a) and (b) of this AD. We have reviewed
EMBRAER Service Bulletin 145-25-0133, Change 06, dated October 20,
2003, and determined that additional actions are required for operators
who have accomplished the actions specified in that service bulletin.
(Change 06 is the current revision level of that service bulletin.) We
have determined that EMBRAER Service Bulletin 145-25-0133 includes only
procedures for removing existing baggage compartment liners, installing
new baggage compartment liners, and installing the service bulletin
incorporation placard. EMBRAER Service Bulletin 145-25-0168 includes
procedures for modifying the existing baggage compartment liners and
installing the service bulletin incorporation placard.
We also point out that the transmittal letter for EMBRAER Service
Bulletin 145-25-0133, Change 06, includes the following statement:
``Aircraft that have complied with previous issue of this Bulletin need
additional action per SB 145-25-0168.'' Under the provisions of
paragraph (d) of this AD, operators may request an alternative method
of compliance for work accomplished in accordance with the
Accomplishment Instructions of any change level of EMBRAER Service
Bulletin 145-25-0133. We have not changed this AD regarding this issue.
Conclusion
We have carefully reviewed the available data, including the
comments that have been submitted, and determined that air safety and
the public interest require adopting the AD as proposed.
Cost Impact
We estimate that 160 airplanes of U.S. registry will be affected by
this AD, that it will take approximately 7 work hours per airplane to
accomplish the required actions, and that the average labor rate is $65
per work hour. Parts will be provided by the manufacturer at no charge.
Based on these figures, the cost impact of the AD on U.S. operators is
estimated to be $72,800, or $455 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed 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.
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
[[Page 11850]]
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 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:
2005-05-09 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-13998. Docket 2003-NM-34-AD.
Applicability: Model EMB-135 and -145 series airplanes,
certificated in any category, having serial numbers (S/Ns) 145004
through 145187 inclusive, S/Ns 145191 through 145196 inclusive, S/N
145200, and S/N 145204.
Compliance: Required as indicated, unless accomplished
previously.
To prevent the plastic lens protection grids in the baggage
compartment from breaking away and exposing the lens as a source of
fire, which could lead to fire damage to the aircraft systems and
structure, and expose the passengers and crew to hazardous
quantities of smoke, accomplish the following:
Note 1: EMBRAER Service Bulletin 145-25-0168, Change 02, dated
August 8, 2000, references C&D Aerospace Service Bulletin 145-20216-
25-03, Revision 2, dated June 9, 2000, as an additional source of
service information for accomplishment of the modification. The C&D
Aerospace service bulletin is included within the EMBRAER service
bulletin.
Modification
(a) Within 2,000 flight hours after the effective date of this
AD: Modify the mid, aft, and forward, baggage compartment upper
liners to replace the plastic lens protection grids on all upper
liners with new, light metal lens protection grids, in accordance
with the Accomplishment Instructions of EMBRAER Service Bulletin
145-25-0168, Change 02, dated August 8, 2000.
Actions Accomplished Previously
(b) Modifications to the cargo liners accomplished before the
effective date of this AD in accordance with EMBRAER Service
Bulletin 145-25-0168, Change 01, dated April 13, 2000, are
considered acceptable for compliance with the corresponding actions
specified in this AD.
Parts Installation
(c) As of the effective date of this AD, no person may install
on any airplane a smoke detector cover having part number 7161119-
507, or a ceiling panel having part number 7161011-507, 7161011-517,
7161011-519, 7161011-523, 7161011-525, 7161011-527, 7161011-529,
7161011-531, or 7161011-533.
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 must be
done in accordance with EMBRAER Service Bulletin 145-25-0168, Change
02, dated August 8, 2000. 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 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
.
Note 2: The subject of this AD is addressed in Brazilian
airworthiness directive 2000-06-01, dated July 3, 2000.
Effective Date
(f) This amendment becomes effective on April 14, 2005.
Issued in Renton, Washington, on February 28, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-4551 Filed 3-9-05; 8:45 am]
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