[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Rules and Regulations]
[Pages 24945-24946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9762]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-218-AD; Amendment 39-13602; AD 2004-09-13]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ and EMB-145XR 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-135BJ and EMB-145XR series 
airplanes, that requires repetitive inspections for cracking in the 
firewall of the auxiliary power unit (APU), and repair of the firewall 
if necessary. This action also provides an optional terminating action 
for the repetitive inspections. This action is necessary to detect and 
correct cracking in the APU firewall, which could result in reduced 
structural integrity of the firewall, and a consequent uncontained APU 
fire that could spread to the airplane structure. This action is 
intended to address the identified unsafe condition.

DATES: Effective June 9, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 9, 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 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.

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-135BJ 
and EMB-145XR series airplanes was published in the Federal Register on 
March 5, 2004 (69 FR 10362). That action proposed to require repetitive 
inspections for cracking in the firewall of the auxiliary power unit, 
and repair of the firewall if necessary. That action also provided an 
optional terminating action for the repetitive inspections.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

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

Cost Impact

    We estimate that 40 airplanes of U.S. registry will be affected by 
this proposed AD.
    It will take approximately 1 work hour per airplane to accomplish 
the repetitive inspections, at an average labor rate of $65 per work 
hour. Based

[[Page 24946]]

on these figures, the cost impact of the repetitive inspections on U.S. 
operators is estimated to be $2,600, or $65 per airplane, per 
inspection cycle.
    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:

2004-09-13 Empresa Brasileria de Aeronautica S.A. (EMBRAER): 
Amendment 39-13602. Docket 2003-NM-218-AD.

    Applicability: Model EMB-135BJ series airplanes as listed in 
EMBRAER Service Bulletin 145LEG-53-0010, dated June 5, 2003; and 
Model EMB-145XR series airplanes as listed in EMBRAER Service 
Bulletin 145-53-0037, dated April 30, 2003; certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct cracking in the firewall of the auxiliary 
power unit (APU), which could result in reduced structural integrity 
of the firewall, and a consequent uncontained APU fire that could 
spread to the airplane structure, accomplish the following:

Initial Inspection

    (a) Within 200 flight hours or 90 days after the effective date 
of this AD, whichever is first: Do a detailed inspection of the APU 
firewall for cracking, per Part I of the Accomplishment Instructions 
of EMBRAER Service Bulletin 145-53-0037 (for Model EMB-145XR series 
airplanes), dated April 30, 2003; or Service Bulletin 145LEG-53-0010 
(for Model EMB-135BJ series airplanes), dated June 5, 2003; as 
applicable.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Repetitive Inspections/Repair

    (b) If no cracking is found during any inspection required by 
paragraph (a) of this AD: Repeat the inspection required by 
paragraph (a) of this AD thereafter at intervals not to exceed 200 
flight hours or 90 days, whichever is first. Accomplishment of the 
replacement specified in paragraph (d) of this AD terminates the 
repetitive inspections required by this paragraph.
    (c) If any cracking is found during any inspection required by 
paragraph (a) of this AD: Before further flight, determine if the 
cracking can be repaired per Part I of the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-53-0037, dated April 
30, 2003; or Service Bulletin 145LEG-53-0010, dated June 5, 2003; as 
applicable.
    (1) If the cracking can be repaired: Before further flight, 
repair the cracking per Part I of the Accomplishment Instructions of 
the applicable service bulletin. Repeat the inspection required by 
paragraph (a) of this AD thereafter at intervals not to exceed 200 
flight hours or 90 days, whichever is first.
    (2) If the cracking cannot be repaired: Before further flight, 
replace the APU firewall with a new firewall by accomplishing all of 
the actions per Part II of the Accomplishment Instructions of the 
applicable service bulletin. Accomplishment of the replacement 
terminates the repetitive inspections required by paragraphs (b) and 
(c)(1) of this AD.

Optional Terminating Action

    (d) Replacement of the APU firewall with a new firewall by 
accomplishing all of the actions per Part II of the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-53-0037, dated April 
30, 2003; or 145LEG-53-0010, dated June 5, 2003; as applicable; 
constitutes terminating action for the repetitive inspections 
required by paragraphs (b) and (c)(1) of this AD.

Alternative Methods of Compliance

    (e) 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

    (f) The actions shall be done in accordance with of EMBRAER 
Service Bulletin 145-53-0037, dated April 30, 2003; or EMBRAER 
Service Bulletin 145LEG-53-0010, dated June 5, 2003; as applicable. 
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 NARA, call 202-741-6030 or 
go to http://www.nara.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Note 2: The subject of this AD is addressed in Brazilian 
airworthiness directive 2003-07-02, dated August 18, 2003.

Effective Date

    (g) This amendment becomes effective on June 9, 2004.

    Issued in Renton, Washington, on April 21, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-9762 Filed 5-4-04; 8:45 am]
BILLING CODE 4910-13-P