[Federal Register Volume 69, Number 33 (Thursday, February 19, 2004)]
[Rules and Regulations]
[Pages 7680-7681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3492]


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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; correction.

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SUMMARY: This document corrects information in an existing 
airworthiness directive (AD) that applies to certain EMBRAER Model EMB-
135 and EMB-145 series airplanes. That AD currently 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 document corrects a missing reference to the AD 
number in a certain section of the AD. This correction is necessary to 
ensure that operators have the correct AD number when referring to the 
AD or when performing corrective actions.

DATES: Effective March 3, 2004.
    The incorporation by reference of certain publications listed in 
the regulations was approved previously by the Director of the Federal 
Register as of March 3, 2004 (69 FR 4057, January 28, 2004).

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: On January 14, 2004, the Federal Aviation 
Administration (FAA) issued AD 2004-02-02, amendment 39-13437 (69 FR 
4057, January 28, 2004), which applies to certain EMBRAER Model EMB-135 
and EMB-145 series airplanes. That AD 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. 
That AD was prompted by reports that water accumulates in the pitot 1 
and pitot 2 drain valves in the nose landing gear (NLG) compartment 
where they are subjected to freezing temperatures. Frozen water in the 
drain valve can expand and cause the pitot drain valves to fail so that 
the airspeed indication system tubing is open to ambient pressure. The 
actions required by that AD are intended 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.

Need for the Correction

    Information obtained recently by the FAA indicates that the AD 
number is missing from the PART 39--AIRWORTHINESS DIRECTIVES section, 
paragraph 2., of the AD.
    The FAA has determined that a correction to AD 2004-02-02 is 
necessary. The correction will add the AD number to paragraph 2.

Correction of Publication

    This document corrects the error and correctly adds the AD as an 
amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 
39.13).
    The AD is reprinted in its entirety for the convenience of affected 
operators. The effective date of the AD remains March 3, 2004.
    Since this action only adds the AD number to a certain paragraph of 
the AD, it has no adverse economic impact and imposes no additional 
burden on any person. Therefore, the FAA has determined that notice and 
public procedures are unnecessary.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Correction

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  [Corrected]

0
2. Section 39.13 is amended by correctly adding the following 
airworthiness directive (AD):

2004-02-02 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

[[Page 7681]]

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. This incorporation by 
reference was approved by the Director of the Federal Register as of 
March 3, 2004 (69 FR 4057, January 28, 2004). 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) The effective date of this amendment remains March 3, 2004.

    Issued in Renton, Washington, on February 10, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-3492 Filed 2-18-04; 8:45 am]
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