[Federal Register Volume 68, Number 19 (Wednesday, January 29, 2003)]
[Rules and Regulations]
[Pages 4370-4371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1830]



[[Page 4370]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-83-AD; Amendment 39-13031; AD 2003-03-07]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-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-145 series airplanes, that 
requires the installation of reinforcements in the lower portion of 
wing rib 15 on the left-hand and right-hand sides of the airplane. This 
amendment is prompted by issuance of mandatory continuing airworthiness 
information by a foreign civil airworthiness authority. The actions 
specified by this AD are intended to prevent reduced structural 
integrity of the wing flap support structure.

DATES: Effective March 5, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 5, 2003.

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: Robert D. Breneman, Aerospace 
Engineer, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; 
telephone (425) 227-1263; 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-145 
series airplanes was published in the Federal Register on February 2, 
2000 (65 FR 4902). That action proposed to require the installation of 
reinforcements in the lower portion of wing rib 15 on the left-hand and 
right-hand sides of the airplane.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.

Request To Add Revised Service Information

    The commenter asks that EMBRAER Service Bulletin 145-57-0008, 
Change No. 02, dated April 7, 1999, and Change No. 03, dated May 14, 
1999, be added to paragraph (a) and Note 2 of the proposed AD as 
another source of service information for accomplishment of the 
specified actions. EMBRAER Service Bulletin 145-57-0008, Change No. 01, 
dated February 12, 1999, was referenced in the proposed AD as the 
appropriate source of service information for accomplishment of the 
actions.
    The FAA agrees with the commenter. We have reviewed and approved 
EMBRAER Service Bulletin 145-57-0008, Change No. 02, dated April 7, 
1999, and Change No. 03, dated May 14, 1999. We find that the revisions 
incorporated in these changes are not substantive, meaning that 
airplanes modified per Change No. 01 of the service bulletin are not 
subject to any additional work under Change No. 02 or 03 of the service 
bulletin. Therefore, we have revised paragraph (a) of this final rule 
to specify that Changes No. 02 and 03 of the service bulletin are 
considered to be acceptable methods of compliance with this AD.

Explanation of Change to Final Rule

    Because the language in Note 2 of the proposed AD is regulatory in 
nature, that note has been redesignated as paragraph (b) of this final 
rule. Subsequent paragraphs have been reordered accordingly.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 33 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 20 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Required parts will cost approximately 
$3,124 per airplane. Based on these figures, the cost impact of the AD 
on U.S. operators is estimated to be $142,692, or $4,324 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

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the

[[Page 4371]]

Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2003-03-07 Embraer: Amendment 39-13031. Docket 99-NM-83-AD.
    Applicability: Model EMB-145 series airplanes, serial numbers 
145004 through 145058 inclusive, and 145060; certificated in any 
category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent reduced structural integrity of the wing flap support 
structure, accomplish the following:

Reinforcement Installation

    (a) Prior to the accumulation of 8,000 total flight cycles, or 
within 45 days after the effective date of this AD, whichever occurs 
later, install reinforcements in the lower portion of rib 15 on the 
left-hand and right-hand sides of the airplane in accordance with 
EMBRAER Service Bulletin 145-57-0008, Change No. 01, dated February 
12, 1999; Change No. 02, dated April 7, 1999; or Change No. 03, 
dated May 14, 1999.
    (b) Installation in accordance with EMBRAER Service Bulletin 
145-57-0008, dated October 21, 1998, accomplished prior to the 
effective date of this AD, is also acceptable for compliance with 
the requirements of paragraph (a) of this AD.

Alternative Methods of Compliance

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (e) Unless otherwise specified by this AD, the installation 
shall be done in accordance with EMBRAER Service Bulletin 145-57-
0008, Change No. 01, dated February 12, 1999; EMBRAER Service 
Bulletin 145-57-0008, Change No. 02, dated April 7, 1999; or EMBRAER 
Service Bulletin 145-57-0008, Change No. 03, dated May 14, 1999. 
EMBRAER Service Bulletin 145-57-0008, Change No. 01, dated February 
12, 1999, contains the following effective pages:

------------------------------------------------------------------------
                                   Change no. shown
           Page number                  on page       Date shown on page
------------------------------------------------------------------------
1, 2............................  01................  February 12, 1999.
3-10............................  Original..........  October 21, 1998.
------------------------------------------------------------------------

    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 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 1999-01-02R1, dated March 15, 1999.

Effective Date

    (f) This amendment becomes effective on March 5, 2003.

    Issued in Renton, Washington, on January 22, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-1830 Filed 1-28-03; 8:45 am]
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