[Federal Register Volume 69, Number 18 (Wednesday, January 28, 2004)]
[Rules and Regulations]
[Pages 4057-4058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1561]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-330-AD; Amendment 39-13437; AD 2004-02-02]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and -145 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-135 and EMB-145 series 
airplanes, that requires relocating the pitot 1 and pitot 2 drain 
valves from the nose landing gear compartment to the forward electronic 
compartment, and accomplishing follow-on actions. This action is 
necessary to prevent ice from damaging the pitot drain valves, which 
could cause airspeed indication errors, resulting in display of 
erroneous or misleading information to the flight crew. This action is 
intended to address the identified unsafe condition.

DATES: Effective March 3, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 3, 2004.

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: 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 
EMB-145 series airplanes was published in the Federal Register on 
November 14, 2003 (68 FR 64572). That action proposed to require 
relocating the pitot 1 and pitot 2 drain valves from the nose landing 
gear compartment to the forward electronic compartment, and 
accomplishing follow-on actions.

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

    The FAA has carefully reviewed the available data and determined 
that air safety and the public interest require the adoption of the 
rule as proposed.

Cost Impact

    The FAA estimates that 374 airplanes of U.S. registry will be 
affected by this

[[Page 4058]]

AD, that it will take approximately 2 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 between $301 and 
$304 per airplane. Based on these figures, the cost impact of the AD on 
U.S. operators is estimated to be between $161,194 and $162,316, or 
between $431 and $434 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:

Empresa Brasileira De Aeronautica S.A. (EMBRAER): Amendment 39-
13437. Docket 2002-NM-330-AD.

    Applicability: Model EMB-135 and -145 series airplanes; as 
listed in EMBRAER Service Bulletin 145-34-0070, Change 03, dated 
July 16, 2003; and EMBRAER Service Bulletin 145LEG-34-0002, dated 
September 23, 2002; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent ice from damaging the pitot drain valves, which could 
cause airspeed indication errors, resulting in display of erroneous 
or misleading information to the flight crew, accomplish the 
following:

Relocation

    (a) Within 2,000 flight hours or 12 months after the effective 
date of this AD, whichever occurs first: Relocate the pitot 1 and 
pitot 2 drain valves from the nose landing gear compartment to the 
forward electronic compartment; and install a plug, washers, and a 
nut to close the hole in the structure where the pitot 1 and pitot 2 
drain valves were removed; per the Accomplishment Instructions of 
EMBRAER Service Bulletin 145-34-0070, Change 03, dated July 16, 
2003; or EMBRAER Service Bulletin 145LEG-34-0002, dated September 
23, 2002; as applicable.

Installation

    (b) After accomplishment of paragraph (a) of this AD but prior 
to further flight: Install a new placard and apply sealant on the 
placard per the Accomplishment Instructions of EMBRAER Service 
Bulletin 145-34-0070, Change 03, dated July 16, 2003; or EMBRAER 
Service Bulletin 145LEG-34-0002, dated September 23, 2002; as 
applicable.

Actions Accomplished Per Previous Issue of Service Bulletin

    (c) Actions accomplished before the effective date of this AD 
per EMBRAER Service Bulletin 145-34-0070, original issue, dated 
April 23, 2002; EMBRAER Service Bulletin 145-34-0070, Change 01, 
dated September 23, 2002; and EMBRAER Service Bulletin 145-34-0070, 
Change 02, dated December 2, 2002; are considered acceptable for 
compliance with the corresponding action specified in this AD.

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 shall be 
done in accordance with EMBRAER Service Bulletin 145-34-0070, Change 
03, dated July 16, 2003; or EMBRAER Service Bulletin 145LEG-34-0002, 
dated September 23, 2002; as applicable. EMBRAER Service Bulletin 
145-34-0070, Change 03, contains the following effective pages:

------------------------------------------------------------------------
                                                     Change
                                                     level    Date shown
                     Page No.                        shown     on page
                                                    on page
------------------------------------------------------------------------
1, 2, 5, 6........................................       03    7-16-2003
3, 4, 7-15........................................       01    9-23-2002
------------------------------------------------------------------------

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 1: The subject of this AD is addressed in Brazilian 
airworthiness directive 2002-06-01R1, dated November 8, 2002.

Effective Date

    (f) This amendment becomes effective on March 3, 2004.

    Issued in Renton, Washington, on January 14, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-1561 Filed 1-27-04; 8:45 am]
BILLING CODE 4910-13-P