[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Rules and Regulations]
[Pages 38751-38753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13142]



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  Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Rules 
and Regulations  

[[Page 38751]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-37-AD; Amendment 39-14180; AD 2005-14-03]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-145 and EMB-135 series 
airplanes, that requires replacement of the engine-driven hydraulic 
pump. This action is necessary to prevent engine oil leakage at the 
coupling seal between the hydraulic pump and the engine gearbox from 
causing low engine oil levels, which could lead to in-flight engine 
shutdown and consequent reduced controllability of the airplane. This 
action is intended to address the identified unsafe condition.

DATES: Effective August 10, 2005.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 10, 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-145 and 
EMB-135 series airplanes was published in the Federal Register on April 
27, 2004 (69 FR 22743). That action proposed to require replacement of 
the engine-driven hydraulic pump.

Explanation of New Relevant Service Information

    The proposed AD refers to EMBRAER Service Bulletin 145-29-0018, 
Revision 03, dated December 2, 2003, as the appropriate source of 
service information for replacing the engine-driven hydraulic pump for 
Model EMB-145 and EMB-135 series airplanes. Since the issuance of that 
service bulletin, Embraer has issued Revision 04, dated March 16, 2005. 
Revision 04 of the service bulletin is essentially the same as Revision 
03, but it removes a certain airplane from the in-service effectivity 
and adds two airplanes to the in-production effectivity. We have 
changed paragraph (a)(1) of this AD to refer to Revision 04 of the 
service bulletin as the appropriate source of service information for 
Model EMB-145 and EMB-135 series airplanes, and revised the 
applicability to refer to Revision 04 for those airplanes. In addition, 
we have added Revision 03 of the service bulletin to paragraph (d) of 
this AD to give credit for previously accomplishing the actions in 
accordance with that revision.

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 from a single commenter.

Request To Clarify Statement of Unsafe Condition

    The commenter, the airplane manufacturer, asks that we clarify the 
statement of the unsafe condition as specified in the proposed AD. The 
commenter suggests we add the word ``engine'' in front of the term 
``oil leakage'' for clarification. We agree and have added the word 
``engine'' to clarify the statement of the unsafe condition in the AD.

Extend Compliance Time Specified in Paragraph (c) of the Proposed AD

    The commenter also asks that the compliance time of ``as of the 
effective date of this AD'' specified in paragraph (c) of the proposed 
AD be extended. The commenter states that it does not concur with 
accepting only the new part number (P/N) for installation as of the 
effective date of the AD. The commenter notes that this compliance time 
is not consistent with the period of 1,000 flight hours defined for 
hydraulic pump replacement, and may affect operators that may not have 
enough time to modify their spare parts. The commenter suggests the 
adoption of a period similar to the Brazilian airworthiness directive 
referenced in the proposed AD, which provides a compliance time of 
approximately two months for stock upgrade. The commenter proposes the 
following compliance time: ``No later than 31 March 2004, modify all 
hydraulic pumps P/N 971808 held in stock, to the new P/N 971808 MOD A--
Brazilian airworthiness directive date: 29 January 2004.''
    We do not agree. We have determined that the compliance time 
specified in the AD will ensure an acceptable level of safety and allow 
the replacement to be done with no airplane out-of-service time during 
scheduled maintenance intervals for most affected operators. In 
developing the technical information on which every AD is based, we 
consider the availability of spare parts that the AD will require to be 
installed. We have not changed the AD in this regard.

Explanation of Change to Final Rule

    In Table 1 of the proposed AD we referenced an incorrect number for 
EMBRAER Service Bulletin 145LEG-29-0001. We inadvertently referenced 
145LEG-31-0001 instead of 145LEG-29-0001. We have corrected the error 
in this final rule.

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

[[Page 38752]]

adoption of the rule with the changes described previously. These 
changes will neither increase the economic burden on any operator nor 
increase the scope of the AD.

Cost Impact

    The FAA estimates that 548 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 4 work hours per 
airplane to accomplish the actions, and that the average labor rate is 
$65 per work hour. The manufacturer will provide replacement parts at 
no cost. Based on these figures, the cost impact of the AD on U.S. 
operators is estimated to be $142,480, or $260 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.

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 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:

2005-14 Empresa Brasileira De Aeronautica S.A. (Embraer): Amendment 
39-14180. Docket 2004-NM-37-AD.

    Applicability: Model EMB-145 and EMB-135 series airplanes, 
certificated in any category, as listed in EMBRAER Service Bulletin 
145-29-0018, Revision 04, dated March 16, 2005; and EMBRAER Service 
Bulletin 145LEG-29-0001, Revision 01, dated November 11, 2003.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent engine oil leakage at the coupling seal between the 
hydraulic pump and the engine gearbox from causing low engine oil 
levels, which could lead to in-flight engine shutdown and consequent 
reduced controllability of the airplane, accomplish the following:

Service Bulletin References

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the following service bulletins, as 
applicable:
    (1) For Model EMB-145 and EMB-135 (except Model EMB-135BJ) 
series airplanes: EMBRAER Service Bulletin 145-29-0018, Revision 04, 
dated March 16, 2005; and
    (2) For Model EMB-135BJ series airplanes: EMBRAER Service 
Bulletin 145LEG-29-0001, Revision 01, dated November 11, 2003.

    Note 1: EATON Service Bulletin 971808-29-02, dated May 1, 2001, 
has been incorporated into the EMBRAER service bulletins as an 
additional source of service information for accomplishing the 
modification of the hydraulic pump.

Replacement of Hydraulic Pump

    (b) Within 1,000 flight hours after the effective date of this 
AD, replace the engine-driven hydraulic pump, part number (P/N) 
971808, with a new or modified pump, P/N 971808 MOD A, in accordance 
with the Accomplishment Instructions of the applicable service 
bulletin.

Parts Installation

    (c) As of the effective date of this AD, no person may install a 
hydraulic pump having P/N 971808 on any airplane, unless that pump 
has been modified and reidentified as P/N 971808 MOD A, per Part II 
of the Accomplishment Instructions of the applicable service 
bulletin.

Actions Accomplished Per Previous Issues of Service Bulletins

    (d) Actions accomplished before the effective date of this AD, 
in accordance with the applicable service bulletin listed in Table 1 
of this AD, are considered acceptable for compliance with the 
corresponding actions specified in this AD.

             Table 1.--Previous issues of Service Bulletins
------------------------------------------------------------------------
         EMBRAER service bulletin                 Revision and date
------------------------------------------------------------------------
145-29-0018...............................  Original Issue, June 6,
                                             2002.
145-29-0018...............................  Revision 01, October 9,
                                             2002.
145-29-0018...............................  Revision 02, August 25,
                                             2003.
145-29-0018...............................  Revision 03, December 2,
                                             2003.
145LEG-29-0001............................  Original Issue, October 9,
                                             2002.
------------------------------------------------------------------------

Alternative Methods of Compliance

    (e) 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

    (f) Unless otherwise specified in this AD, the actions must be 
done in accordance with EMBRAER Service Bulletin 145-29-0018, 
Revision 04, dated March 16, 2005; and EMBRAER Service Bulletin 
145LEG-29-0001, Revision 01, dated November 11, 2003; as applicable. 
EMBRAER Service Bulletin 145-29-0018, Revision 04, dated March 16, 
2005, contains the following list of effective pages:

[[Page 38753]]



------------------------------------------------------------------------
                                       Revision
              Page No.               level  shown   Date shown  on page
                                        on page
------------------------------------------------------------------------
1-3................................            04  March 16, 2005.
4-14...............................            03  December 2, 2003.
------------------------------------------------------------------------

    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. To get copies of this service information, contact Empresa 
Brasileira de Aeronautica S.A. (EMBRAER), PO Box 343-CEP 12.225, Sao 
Jose dos Campos-SP, Brazil. To inspect copies of this service 
information, go to the FAA, Transport Airplane Directorate, 1601 
Lind Avenue, SW., Renton, Washington; or to 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 2004-01-03, effective January 29, 2004.

Effective Date

    (g) This amendment becomes effective on August 10, 2005.

    Issued in Renton, Washington, on June 24, 2005.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-13142 Filed 7-5-05; 8:45 am]
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