[Federal Register Volume 69, Number 146 (Friday, July 30, 2004)]
[Rules and Regulations]
[Pages 45565-45566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17222]



[[Page 45565]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-47-AD; Amendment 39-13754; AD 2004-15-20]
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.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-135 and -145 series airplanes, 
that requires replacing the electrical harness for the tail boom strobe 
light with a new, improved harness that has a built-in metallic 
overbraid, and performing an operational test following the 
replacement. This action is necessary to ensure that there is 
sufficient lightning bonding at the electrical harness for the tail 
boom strobe light, and to prevent the simultaneous failure of multiple 
avionics systems in the event of a lightning strike, which could result 
in reduced controllability of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Effective September 3, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 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 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-135 and 
-145 series airplanes was published in the Federal Register on May 7, 
2004 (69 FR 25523). That action proposed to require replacing the 
electrical harness for the tail boom strobe light with a new, improved 
harness that has a built-in metallic overbraid, and performing an 
operational test following the replacement.

Comments

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

Request To Use Latest Revision of Service Bulletin

    The commenter, the airplane manufacturer, requests that we refer to 
Revision 01 of EMBRAER Service Bulletin 145-33-0032 as an appropriate 
source of service information for certain airplanes. This revision is 
dated April 27, 2004. The revision corrects the configuration group to 
which certain airplanes belong, but does not change the scope of the 
replacement and test that were proposed for those airplanes.
    We agree with the commenter that we should use Revision 01 of this 
service bulletin, and have revised the applicability and paragraph (a) 
of the final rule to include Revision 01. We have also included a new 
paragraph (b) in the final rule that gives credit to operators who may 
have accomplished the actions in accordance with the original issue of 
the service bulletin.

Conclusion

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

Cost Impact

    We estimate that 548 airplanes of U.S. registry will be affected by 
this AD, that it will take approximately 2 work hours per airplane to 
accomplish the required replacement, and that the average labor rate is 
$65 per work hour. Required parts will cost between $915 and $1,255 per 
airplane, depending on the airplane configuration. Based on these 
figures, the cost impact of the AD on U.S. operators is estimated to be 
between $572,660 and $758,980, or between $1,045 and $1,385 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.


[[Page 45566]]




Sec.  39.13  [Amended]

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

2004-15-20 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-13754. Docket 2004-NM-47-AD.

    Applicability: Model EMB-135 and -145 series airplanes, as 
listed in EMBRAER Service Bulletin 145-33-0032, Revision 01, dated 
April 27, 2004; and EMBRAER Service Bulletin 145LEG-33-0004, dated 
November 5, 2003; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that there is sufficient lightning bonding at the 
electrical harness for the tail boom strobe light, and to prevent 
the simultaneous failure of multiple avionics systems in the event 
of a lightning strike, which could result in reduced controllability 
of the airplane, accomplish the following:

Replacement and Test

    (a) Within 5,000 flight hours or 30 months after the effective 
date of this AD, whichever occurs first: Replace the electrical 
harness of the tail boom strobe light with a new, improved harness 
that has a built-in metallic overbraid, and perform an operational 
test on the navigation lights and the anti-collision light after the 
replacement. Do the actions per the Accomplishment Instructions of 
the applicable service bulletin in paragraph (a)(1) or (a)(2) of 
this AD.
    (1) EMBRAER Service Bulletin 145-33-0032, Revision 01, dated 
April 27, 2004 (for Model EMB-135 and -145 series airplanes, except 
Model EMB-135BJ series airplanes).
    (2) EMBRAER Service Bulletin 145LEG-33-0004, dated November 5, 
2003 (for Model EMB-135BJ series airplanes).

Actions Accomplished Per Previous Issue of Service Bulletin

    (b) Actions accomplished before the effective date of this AD 
per EMBRAER Service Bulletin 145-33-0032, dated November 5, 2003, 
are considered acceptable for compliance with the corresponding 
action specified in this AD.

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, International 
Branch ANM-116, FAA, Transport Airplane Directorate, is authorized 
to approve alternative methods of compliance for this AD.

Incorporation by Reference

    (d) Unless otherwise specified in this AD, the actions shall be 
done in accordance with EMBRAER Service Bulletin 145-33-0032, 
Revision 01, dated April 27, 2004; or EMBRAER Service Bulletin 
145LEG-33-0004, dated November 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.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Note 1: The subject of this AD is addressed in Brazilian 
airworthiness directive 2004-01-05, dated February 5, 2004.

Effective Date

    (e) This amendment becomes effective on September 3, 2004.

    Issued in Renton, Washington, on July 21, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-17222 Filed 7-29-04; 8:45 am]
BILLING CODE 4910-13-P