[Federal Register Volume 70, Number 46 (Thursday, March 10, 2005)]
[Rules and Regulations]
[Pages 11848-11850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4551]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-34-AD; Amendment 39-13998; AD 2005-05-09]
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 modification of the

[[Page 11849]]

mid, aft, and forward upper liners in the baggage compartment. The 
modification involves replacing the plastic lens protection grids on 
all upper liners with new, light metal lens protection grids. This AD 
is necessary to prevent the plastic lens protection grids from breaking 
away and exposing the lens as a source of fire, which could lead to 
fire damage to the aircraft systems and structure, and expose the 
passengers and crew to hazardous quantities of smoke. This action is 
intended to address the identified unsafe condition.

DATES: Effective April 14, 2005.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of April 14, 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.

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 December 
17, 2003 (68 FR 70204). That action proposed to require modification of 
the mid, aft, and forward upper liners in the baggage compartment. The 
modification would involve replacing the plastic lens protection grids 
on all upper liners with new, light metal lens protection grids.

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.

Supportive Comment

    One commenter supports the proposed AD.

Request To Include Additional Service Information

    One commenter notes that the proposed AD requires the installation 
of modified cargo liners in accordance with EMBRAER Service Bulletin 
145-25-0168, Change 02, dated August 8, 2000. The commenter states that 
EMBRAER Service Bulletin 145-25-0133, Change 01 and subsequent, include 
similar instructions for installing those same modified cargo liners. 
The commenter suggests that the proposed AD be revised to indicate that 
actions accomplished previously in accordance with EMBRAER Service 
Bulletin 145-25-0133, Change 01 and subsequent, are acceptable for 
compliance with the corresponding requirement of the proposed AD.
    The commenter points out that C&D Aerospace Service Bulletin 145-
20216-25-03, Revision 2, dated June 9, 2000, which is included in 
EMBRAER Service Bulletin 145-25-0168, Change 02, includes a note 
stating that, for airplanes having S/Ns 004/0118 and 0120/0133, 
accomplishing C&D Service Bulletin 145-20216-25-03 is not required if 
an operator has accomplished the actions included in EMBRAER Service 
Bulletin 145-25-0133. The commenter recommends that paragraphs (a) and 
(b) of the proposed AD be revised to reference EMBRAER Service Bulletin 
145-25-0133, Change 01 and subsequent, and C&D Aerospace Service 
Bulletin 145-20216-25-01. C&D Aerospace Service Bulletin 145-20216-25-
01 is included in EMBRAER Service Bulletin 145-25-0133.
    We do not agree to refer to ``Change 01 and subsequent'' of EMBRAER 
Service Bulletin 145-25-0133, or C&D Aerospace Service Bulletin 145-
20216-25-01, in paragraphs (a) and (b) of this AD. We have reviewed 
EMBRAER Service Bulletin 145-25-0133, Change 06, dated October 20, 
2003, and determined that additional actions are required for operators 
who have accomplished the actions specified in that service bulletin. 
(Change 06 is the current revision level of that service bulletin.) We 
have determined that EMBRAER Service Bulletin 145-25-0133 includes only 
procedures for removing existing baggage compartment liners, installing 
new baggage compartment liners, and installing the service bulletin 
incorporation placard. EMBRAER Service Bulletin 145-25-0168 includes 
procedures for modifying the existing baggage compartment liners and 
installing the service bulletin incorporation placard.
    We also point out that the transmittal letter for EMBRAER Service 
Bulletin 145-25-0133, Change 06, includes the following statement: 
``Aircraft that have complied with previous issue of this Bulletin need 
additional action per SB 145-25-0168.'' Under the provisions of 
paragraph (d) of this AD, operators may request an alternative method 
of compliance for work accomplished in accordance with the 
Accomplishment Instructions of any change level of EMBRAER Service 
Bulletin 145-25-0133. We have not changed this AD regarding this issue.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD as proposed.

Cost Impact

    We estimate that 160 airplanes of U.S. registry will be affected by 
this AD, that it will take approximately 7 work hours per airplane to 
accomplish the required actions, and that the average labor rate is $65 
per work hour. Parts will be provided by the manufacturer at no charge. 
Based on these figures, the cost impact of the AD on U.S. operators is 
estimated to be $72,800, or $455 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed 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

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. 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.
    We are issuing this rulemaking 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

[[Page 11850]]

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 rulemaking action.

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:

2005-05-09 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-13998. Docket 2003-NM-34-AD.

    Applicability: Model EMB-135 and -145 series airplanes, 
certificated in any category, having serial numbers (S/Ns) 145004 
through 145187 inclusive, S/Ns 145191 through 145196 inclusive, S/N 
145200, and S/N 145204.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the plastic lens protection grids in the baggage 
compartment from breaking away and exposing the lens as a source of 
fire, which could lead to fire damage to the aircraft systems and 
structure, and expose the passengers and crew to hazardous 
quantities of smoke, accomplish the following:

    Note 1: EMBRAER Service Bulletin 145-25-0168, Change 02, dated 
August 8, 2000, references C&D Aerospace Service Bulletin 145-20216-
25-03, Revision 2, dated June 9, 2000, as an additional source of 
service information for accomplishment of the modification. The C&D 
Aerospace service bulletin is included within the EMBRAER service 
bulletin.

Modification

    (a) Within 2,000 flight hours after the effective date of this 
AD: Modify the mid, aft, and forward, baggage compartment upper 
liners to replace the plastic lens protection grids on all upper 
liners with new, light metal lens protection grids, in accordance 
with the Accomplishment Instructions of EMBRAER Service Bulletin 
145-25-0168, Change 02, dated August 8, 2000.

Actions Accomplished Previously

    (b) Modifications to the cargo liners accomplished before the 
effective date of this AD in accordance with EMBRAER Service 
Bulletin 145-25-0168, Change 01, dated April 13, 2000, are 
considered acceptable for compliance with the corresponding actions 
specified in this AD.

Parts Installation

    (c) As of the effective date of this AD, no person may install 
on any airplane a smoke detector cover having part number 7161119-
507, or a ceiling panel having part number 7161011-507, 7161011-517, 
7161011-519, 7161011-523, 7161011-525, 7161011-527, 7161011-529, 
7161011-531, or 7161011-533.

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 must be 
done in accordance with EMBRAER Service Bulletin 145-25-0168, Change 
02, dated August 8, 2000. 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 the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Note 2: The subject of this AD is addressed in Brazilian 
airworthiness directive 2000-06-01, dated July 3, 2000.

Effective Date

    (f) This amendment becomes effective on April 14, 2005.

    Issued in Renton, Washington, on February 28, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-4551 Filed 3-9-05; 8:45 am]
BILLING CODE 4910-13-P