[Federal Register Volume 70, Number 32 (Thursday, February 17, 2005)]
[Rules and Regulations]
[Pages 8028-8032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2842]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-237-AD; Amendment 39-13977; AD 2005-04-05]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (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. 
This AD requires repetitive detailed inspections of the oil in the air 
turbine starter (ATS) to determine the quantity of the oil and the 
amount of debris contamination in the oil. If the oil quantity is 
incorrect or if excessive debris is found in the oil, this AD requires 
replacement of the ATS with a new or serviceable ATS, and continued 
repetitive detailed inspections. This AD also requires eventual 
replacement of each ATS with a new, improved ATS, which constitutes 
terminating action for the repetitive detailed inspections. This action 
is necessary to prevent a flash fire in the nacelle, which would result 
in the flightcrew shutting down the engine during flight, and 
consequent reduced controllability of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Effective March 24, 2005.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 24, 2005.

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, WA 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 February 
19, 2004 (69 FR 7707). That action proposed to require repetitive 
detailed inspections of the oil in the air turbine starter (ATS) to 
determine the quantity of the oil and the amount of debris 
contamination in the oil. If the oil quantity was incorrect or if 
excessive debris was found in the oil, that proposal would have 
required replacement of the ATS with a new or serviceable ATS having 
the same part number, and continued repetitive detailed inspections. 
That proposal would also have required eventual replacement of each ATS 
with a new improved ATS having a new part number, which would 
constitute terminating action for the repetitive detailed inspections.

Actions Since Proposed AD Was Issued

    Since we issued the proposed AD, we have determined that the 
Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, issued two Brazilian airworthiness directives 
that address that same unsafe condition. The DAC issued Brazilian 
airworthiness directive 2001-09-04, dated October 10, 2001. The DAC 
also issued Brazilian airworthiness directive 2003-07-01, Revision 01, 
dated December 23, 2003. We issued a parallel proposed AD for each 
Brazilian airworthiness directive. One proposed AD, Directorate 
Identifier 2002-NM-352-AD, was published in the Federal Register on 
December 18, 2003 (68 FR 243). The other proposed AD, Directorate 
Identifier 2003-NM-237-AD, was published in the Federal Register on 
February 19, 2004 (69 FR 7707).
    Upon further evaluation, and based on comments received in response 
to the proposed AD with Directorate Identifier 2002-NM-352-AD, we have 
determined that it is in the best interest of the FAA and the U.S. 
operators to combine the requirements of both of our proposed ADs into 
this AD. The requirements in this AD adequately address the identified 
unsafe condition specified in 2002-NM-352-AD. Accordingly, the proposed 
AD with Directorate Identifier 2002-NM-352-AD will be withdrawn after 
this AD is issued. The DAC and the airplane manufacturer support our 
decision.

Comments

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

Request To Allow Part Number (P/N) 3505910-6 as a Replacement Part

    Three commenters request that air turbine starter (ATS) P/N 
3505910-6 be included in the proposed AD as an acceptable replacement 
part. (The proposed AD states that an affected ATS should be replaced 
with a new or serviceable ATS having P/N 3505910-4 or P/N 3505910-5.)
    We agree with the commenters' requests. We have revised the Summary 
section of this AD by deleting the text that states that the ATS should 
be replaced with an ATS having the same part number. Paragraph (d) of 
this AD has been revised to include P/N 3505910-6 as an additional 
acceptable replacement part.

Request To Allow Replacement of ATS Within 50 Hours Instead of Before 
Further Flight

    Two commenters request that the proposed AD be revised so that, if 
the results of an inspection of the oil indicate that the ATS should be 
replaced, operators may continue to use that ATS for an additional 50 
flight hours before doing the replacement. (Paragraph (d) of the 
proposed AD specifies that that the ATS should be replaced prior to 
further flight.) One commenter states that the 50-hour grace period 
should be acceptable because Brazilian airworthiness directive 2003-07-
01R1, dated December 23, 2003, allows ATS units that don't show 
evidence of wear or failure to go back into service for 50 flight hours 
before replacement. The commenter also states that, based on service 
history, the additional 50 flight hours is very conservative. The other 
commenter states that EMBRAER Service Bulletin 145-80-0005, Revision 
02, dated September 16, 2003, allows a grace

[[Page 8029]]

period of 50 flight hours, and that operators incorporating that 
service bulletin have not reported failures or service interruptions 
within 50 hours of the service inspection.
    We agree to allow a 50-hour grace period for ATSs that meet the 
criteria specified in EMBRAER Service Bulletin 145-80-0005, Revision 
02. We misinterpreted the Brazilian airworthiness directive and, in the 
proposed AD, identified the 50-hour grace period as a difference 
between the proposed AD and the Brazilian airworthiness directive. We 
have determined that a 50-hour grace period will allow airplanes to 
continue to operate without compromising safety. Paragraph (d) of this 
AD has been revised to specify that an ATS should be replaced at the 
times specified in the applicable service bulletin.

Request To Change Compliance Time for Initial Inspection

    One commenter requests that the FAA revise the compliance time for 
the initial detailed inspection specified in paragraph (b) of the 
proposed AD. The commenter provides two suggestions for making this 
change. The first suggestion is to either delete the statement 
``whichever comes first'' or change that statement to ``whichever comes 
later.'' The second suggestion is to change the initial inspection 
threshold from ``Within 200 flight hours or 90 days'' to ``Within 500 
flight hours or 180 days.'' The commenter states that it is already 
accomplishing the intent of the proposed AD. Since August 2003, the 
commenter has repetitively inspected the ATS in its fleet of airplanes 
at intervals of 500 flight hours. The commenter contends that, by 
changing the threshold for the initial inspection in the proposed AD, 
the FAA and the commenter would conserve resources regarding the 
processing of requests for alternative methods of compliance (AMOCs) 
related to the compliance time for the initial detailed inspection.
    We do not agree with the commenter's request to change the 
threshold for the initial detailed inspection. In developing an 
appropriate threshold for this AD, we considered the safety 
implications, the manufacturer's recommendations, the Brazilian 
airworthiness authority's recommendations, and operators' maintenance 
schedules. Under the provisions of paragraph (g) of this AD, however, 
we may consider requests for adjustments to this compliance time if 
data are submitted to substantiate that such an adjustment would 
provide an acceptable level of safety.

Request To Include Secondary Test for Certain ATSs

    One commenter notes that Brazilian airworthiness directive 2003-07-
01R1 includes a provision that a new ATS should not be replaced during 
the first 400 hours of operation after installation if oil system 
debris is detected during an inspection. The proposed AD does not 
include that provision. The commenter states that metallic debris is 
normal during the ``wear-in'' of a new ATS. Such debris does not 
necessarily indicate abnormal wear or imminent failure of the part. The 
commenter also states that EMBRAER Service Bulletins 145-80-0005, 
Revision 02, dated September 16, 2003; and 145LEG-80-0001, Revision 01, 
dated April 10, 2003; include a secondary test (referred to as a 
``penalty run'' in the service bulletins) that should be conducted on 
new ATSs that show metallic particles on the magnetic drain plug. 
(Those service bulletins were cited in the proposed AD as acceptable 
sources of service information for inspecting the ATS.) The results of 
the secondary test will help operators determine if metal debris is a 
result of the normal ``wear-in'' period or abnormal ATS wear, or is 
from a different part of the engine.
    We agree that, if an ATS has less than 400 flight hours since new 
or last overhaul, operators should be allowed the option of performing 
the secondary test. This option allows airplanes to continue to operate 
without compromising safety. Paragraph (d) of this AD has been revised 
to allow operators the option of replacing the ATS before further 
flight or performing the secondary test in accordance with the 
applicable service bulletin.

Request To Include Additional Service Information

    One commenter requests that the proposed AD be revised to require 
operators to incorporate Rolls-Royce Service Bulletin AE 3007A-72-253, 
dated September 13, 2002. The commenter states that the Rolls-Royce 
service bulletin includes procedures for installing a vented quick 
access drain (QAD) adapter. The QAD adapter alleviates a contributing 
cause of the ATS failure.
    We partially agree. We agree that installing the QAD adapter 
alleviates a contributing cause of the ATS failure; however, we will 
not revise this AD to require operators to perform the actions in the 
Rolls-Royce service bulletin. The parallel Brazilian airworthiness 
directive does not require operators to incorporate the Rolls-Royce 
service bulletin, and the associated EMBRAER service bulletins include 
procedures for operators that have incorporated the Rolls-Royce service 
bulletin and procedures for operators that have not incorporated the 
Rolls-Royce service bulletin. Also, operators may voluntarily 
incorporate the Rolls-Royce service bulletin. No change has been made 
to this AD regarding this issue.
    The same commenter states that requiring the EMBRAER EMB-135 and -
145 fleet to install P/N 3505910-6 within two years after the effective 
date of the proposed AD is an unnecessary hardship given the 
improvements made by incorporating the Rolls-Royce service bulletin. 
The commenter states that the procedures in the Rolls-Royce service 
bulletin include removing the drain cap, which would attenuate the oil 
migration and seal damage, making the potential for a low-oil/backdrive 
failure much less likely. The commenter notes that it took operators 
almost a year to accomplish the ``simple'' Rolls-Royce service 
bulletin. We infer that the commenter requests an extension of the 
compliance time specified in paragraph (e) of the proposed AD.
    We do not agree to extend the compliance time in paragraph (e) of 
this AD. Although the preventative measures provided in the Rolls-Royce 
service bulletin address the primary cause of backdrive events, other 
contributing causes of backdrive events still exist. Also, the 
commenter did not provide data that substantiate that all operators 
have incorporated the Rolls-Royce service bulletin. Furthermore, the 
parallel Brazilian airworthiness directive specifies that all ATS P/Ns 
3505910-4 and -5 should be replaced with ATS, P/N 3505910-6, before 
March 1, 2006. Since we do not use calendar dates in the compliance 
times for our ADs, we considered the safety implications, the 
manufacturer's recommendations, and the Brazilian airworthiness 
authority's recommendations, and determined that accomplishment of the 
part replacement within 26 months after the effective date of the AD 
represents an appropriate interval of time for affected airplanes to 
continue to operate without compromising safety. However, under the 
provisions of paragraph (g) of this AD, we may consider requests for 
adjustments to the compliance time if data are submitted to 
substantiate that such an adjustment would provide an acceptable level 
of safety.

Request To Clarify Unsafe Condition

    Two commenters mention that the unsafe condition statement in the 
proposed AD is inaccurate. One commenter states that the unsafe

[[Page 8030]]

condition statement implies that a fire in an engine section is a 
direct cause of the engine shutdown, when actually a fire started by an 
ATS would be detected by the fire detection system and annunciated to 
the flightcrew. The engine shutdown is a result of the flightcrew's 
response to the fire. The other commenter states that the phrases 
``prevent a flash fire'' and ``cause the engine to shut down'' are 
incorrect. The commenter notes that the improved ATS, P/N 3505910-6, 
prevents ATS backdrive failures. The commenter states that backdrive 
failures do not necessarily result in a flash fire or always result in 
engine shutdown. We infer that the commenters are requesting that the 
unsafe condition statement in the proposed AD be revised.
    We agree that the unsafe condition statement implies that a fire in 
an engine section directly causes an engine shutdown. We do not agree 
that the phrases ``prevent a flash fire'' and ``cause the engine to 
shut down'' are incorrect. The end result of the unsafe condition is 
the possibility of a flash fire and an engine shutdown. The intent of 
this AD is to require operators to install the new, improved ATS, P/N 
3505910-6, which prevents the ATS backdrive failures. Therefore, until 
operators install P/N 3505910-6, the possibility of a flash fire and 
engine shutdown still exists. The unsafe condition statement in this AD 
has been revised to state: ``To prevent a flash fire in the nacelle, 
which would result in the flightcrew shutting down the engine during 
flight, and consequent reduced controllability of the airplane.''

Request To Allow Alternative Method for Repetitive Inspections

    One commenter states that it services the ATS oil system of its 
fleet every routine check (7 days), as specified in Subtask 80-10-01-
610-001-A00, dated August 28, 2004, in Chapter 80-10-01 of the EMBRAER 
EMB-145 Aircraft Maintenance Manual (AMM). The commenter asks if it is 
acceptable to the FAA to continue this practice. We infer that the 
commenter is requesting to perform the repetitive inspections in the 
AMM instead of the repetitive detailed inspections specified in 
paragraph (b) of this AD.
    It is acceptable for the commenter to continue doing the procedures 
specified in Subtask 80-10-01-610-001-A00. However, after reviewing the 
subtask, we have determined that those procedures do not satisfy the 
requirements of this AD. The procedures in the subtask are for 
determining the oil level of the ATS, not for inspecting the oil in the 
ATS for debris. As provided by paragraph (g) of this AD, the commenter 
may apply for an AMOC.

Request To Omit Repetitive Inspections

    One commenter supports the issuance of the proposed AD but raises 
several questions. The commenter questions the purpose of including 
repetitive inspections in the proposed AD. The commenter also asks if 
180 ``hours'' between inspections is too much time. The commenter notes 
that if abrasive particles become suspended in a lubricating substance 
within the first 90 days, there is an ineffective lubrication system 
for 90 more days. The commenter also proposes several solutions for 
addressing the unsafe condition of debris in the oil of the ATS. The 
commenter states that requiring the immediate replacement of the ATS 
when the AD is published would be more cost effective than requiring 
repetitive inspections and eventual replacement of the ATS. The 
commenter states that the immediate part replacement would also be 
safer. We infer that the commenter is requesting that the proposed AD 
be revised to omit the repetitive inspections specified in paragraph 
(b) of that AD, and to mandate only the replacement of any ATS having 
P/N 3505910-4 or P/N 3505910-5 with an ATS having P/N 3505910-6, as 
specified in paragraph (e) of that AD. We also infer that the commenter 
is requesting a reduction of the compliance time for the repetitive 
inspection intervals.
    We do not agree that the repetitive inspections of the ATS oil 
should be deleted from paragraph (e) of this AD, or that the compliance 
time for the repetitive inspection intervals should be reduced. Also, 
the repetitive inspection interval specified in paragraph (b) of this 
AD is 180 days, not 180 hours. The commenter did not provide any data 
to substantiate the termination of the repetitive inspections of the 
oil in the ATS, or the reduction of the compliance time for the 
repetitive inspection intervals. Both the Brazilian airworthiness 
directive and EMBRAER Service Bulletins 145-80-0005, Revision 02, dated 
September 16, 2003; and 145LEG-80-0001, Revision 01, dated April 10, 
2003; include provisions for repetitive inspections. The Brazilian 
airworthiness directive mandates the detailed inspections at intervals 
of 500 flight hours or 180 days, whichever occurs first. We have 
determined that the repetitive inspections are needed to ensure the 
continued operational safety of the affected airplanes. No change has 
been made to this AD regarding these issues.

Request To Delete Note Regarding Submission of Information

    One commenter states that the proposed AD mentions that Honeywell 
Service Bulletin 3505910-80-1789, dated August 19, 2003, specifies to 
submit certain information to Honeywell. (That service bulletin was 
referenced as an additional source of service information in the 
proposed AD.) The commenter states that Service Bulletin 3505910-80-
1789 has been revised and no longer requests operators to submit 
information to Honeywell. We infer that the commenter is requesting 
that the references to submitting certain information to Honeywell be 
deleted from the proposed AD.
    We do not agree to revise this AD regarding the submission of 
information to Honeywell. To date, we have not received a copy of the 
revised service bulletin and to our knowledge the revised service 
bulletin has not been issued. Furthermore, when the revised service 
bulletin is issued, the requirements of this AD will not be affected by 
the omission of the request to submit information to Honeywell. Since 
the Honeywell service bulletin is cited as a secondary source of 
service information in this AD, it is referenced in a note. Notes in 
ADs provide additional information only and do not include 
requirements. No change has been made to this AD regarding this issue.

Conclusion

    After careful review of the available data, including the comments 
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 459 airplanes of U.S. registry will be affected by 
this AD, that it will take approximately 1 work hour per airplane to 
inspect the oil in the ATS, and that the average labor rate is $65 per 
work hour. Based on these figures, the cost impact of the AD on U.S. 
operators is estimated to be $29,835, or $65 per airplane, per 
inspection cycle.
    We estimate it will take approximately 2 work hours per airplane to 
replace the ATS, and that the average labor rate is $65 per work hour. 
Based on these figures, the cost impact of the replacement on U.S 
operators is estimated to be $59,670, or $130 per airplane.

[[Page 8031]]

    The cost impact figures discussed above are 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.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106, 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

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:

2005-04-05 Empresa Brasileira De Aeronautica S.A. (Embraer): 
Amendment 39-13977. Docket 2003-NM-237-AD.

    Applicability: Model EMB-135 and -145 series airplanes, with air 
turbine starter (ATS) units having part numbers (P/N) 3505910-4 or -
5; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent a flash fire in the nacelle, which would result in 
the flightcrew shutting down the engine during flight, and 
consequent reduced controllability of the airplane, accomplish the 
following:

Service Bulletin Reference

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the following service bulletins, as 
applicable:
    (1) For the detailed inspection and replacements specified in 
paragraphs (b), (c) and (d) of this AD: For Model EMB-135 BJ series 
airplanes, EMBRAER Service Bulletin 145LEG-80-0001, Revision 01, 
dated April 10, 2003; and for all other affected airplanes, EMBRAER 
Service Bulletin 145-80-0005, Revision 02, dated September 16, 2003.
    (2) For the replacement specified in paragraph (e) of this AD: 
For Model EMB-135 BJ series airplanes, EMBRAER Service Bulletin 
145LEG-80-0002, dated October 2, 2003; and for all other affected 
airplanes, EMBRAER Service Bulletin 145-80-0006, dated October 2, 
2003.

    Note 1: These service bulletins refer to Honeywell Service 
Bulletin 3505910-80-1789, dated August 19, 2003, as an additional 
source of service information. The Honeywell service bulletin is 
included in the EMBRAER service bulletins. Although this Honeywell 
service bulletin specifies to submit certain information to the 
manufacturer, this AD does not include such a requirement.

Repetitive Detailed Inspection

    (b) Within 200 flight hours or 90 days after the effective date 
of this AD, whichever occurs first: Perform a detailed inspection of 
the oil in the air turbine starter (ATS) to determine the quantity 
of oil and to determine the amount of debris contamination in the 
oil in accordance with the applicable service bulletin. Repeat the 
inspection at intervals not to exceed 500 flight hours or 180 days, 
whichever occurs first.

    Note 2: 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.''

Oil Replacement if Oil Quantity Is Correct and No Excessive Debris Is 
Found

    (c) If, during the inspection required by paragraph (b) of this 
AD, no oil debris contamination is found that is in excess of the 
limits allowed by the applicable service bulletin; and if the amount 
of oil in the ATS is correct: Prior to further flight, replace the 
oil in the ATS with new oil, in accordance with the applicable 
service bulletin.

ATS Replacement if Oil Quantity Is Incorrect or if Excessive Debris Is 
Found

    (d) If, during the inspection required by paragraph (b) of this 
AD, the oil quantity is found to be incorrect; or if oil debris 
contamination is found that is in excess of the limits allowed by 
the applicable service bulletin: Replace the ATS with a new or 
serviceable ATS having part number (P/N) 3505910-4, P/N 3505910-5, 
or P/N 3505910-6, at the times specified in and in accordance with 
the applicable service bulletin. If an affected ATS has less than 
400 flight hours since new or last overhaul, the ``penalty run'' 
test may be performed before further flight and the ATS replaced at 
the times specified in and in accordance with the applicable service 
bulletin.

Terminating Action

    (e) Within 26 months after the effective date of this AD, 
replace any ATS having P/N 3505910-4 or -5 with a new ATS having P/N 
3505910-6 in accordance with the applicable service bulletin. This 
replacement constitutes terminating action for the repetitive 
detailed inspections required by paragraph (b) of this AD.

Actions Accomplished per Previous Issue of Service Bulletin 145-80-0005

    (f) Actions accomplished before the effective date of this AD 
per EMBRAER Service Bulletin 145-80-0005, Revision 01, dated April 
10, 2003, are considered acceptable for compliance with the 
corresponding actions specified in this AD.

Alternative Methods of Compliance

    (g) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116,

[[Page 8032]]

Transport Airplane Directorate, FAA, is authorized to approve 
alternative methods of compliance for this AD.

Incorporation by Reference

    (h) The actions shall be done in accordance with the service 
information specified in Table 1 of this AD, 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; 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.

              Table 1.--Material Incorporated by Reference
------------------------------------------------------------------------
    EMBRAER service bulletin       Revision  level          Date
------------------------------------------------------------------------
145-80-0005.....................  02..............  Sept. 16, 2003.
145-80-0006.....................  Original........  Oct. 2, 2003.
145LEG-80-0001..................  01..............  Apr. 10, 2003.
145LEG-80-0002..................  Original........  Oct. 2, 2003.
------------------------------------------------------------------------


    Note 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 2003-07-01R1, dated December 23, 2003.

Effective Date

    (i) This amendment becomes effective on March 24, 2005.

    Issued in Renton, Washington, on February 2, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-2842 Filed 2-16-05; 8:45 am]
BILLING CODE 4910-13-P