[Federal Register Volume 70, Number 131 (Monday, July 11, 2005)]
[Rules and Regulations]
[Pages 39642-39644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13431]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20733; Directorate Identifier 2005-NM-004-AD; 
Amendment 39-14179; AD 2005-14-02]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and Model EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and 
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes. This AD requires inspecting to determine the part number of 
the left and right engine fire handles; and replacing the engine fire 
handles with engine fire handles having different part numbers if 
necessary. This AD is prompted by cases of the internal circuit of the 
engine fire handle failing. We are issuing this AD to prevent failure 
of the internal circuit of the engine fire handle that could disable 
the fuel shut-off valves and the discharge of the fire extinguishing 
agent, which, in the event of a fire, could result in the inability to 
extinguish a fire.

DATES: This AD becomes effective August 15, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of August 
15, 2005.

ADDRESSES: For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 
12.225, Sao Jose dos Campos--SP, Brazil.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, 
Washington, DC. This docket number is FAA-2005-20733; the directorate 
identifier for this docket is 2005-NM-004-AD.

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: The FAA proposed to amend 14 CFR part 39 
with an AD for all Empresa Brasileira de Aeronautica S.A. (EMBRAER) 
Model EMB-135 and EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and 
-145EP airplanes. That action, published in the Federal Register on 
March 31, 2005 (70 FR 16447), proposed to require inspecting to 
determine the part number of the left and right engine fire handles; 
and replacing the engine fire handles with engine fire handles having 
different part numbers if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the single comment that has 
been submitted on the proposed AD.

Request To Allow Installation of Alternative Parts

    The commenter asks that the language specified in the proposed AD 
be changed to allow installation of alternative parts. The commenter 
states that the proposed AD is objectionable because it specifies part 
numbers that are to be installed, to the exclusion of other possibly 
acceptable parts. The commenter notes that 14 CFR 21.303(a), Parts 
Manufacturing Approval (PMA), provides a legal mechanism for the 
installation of alternative parts; a rule that mandates only certain 
parts for installation contravenes existing law and may not be legally 
enforceable. The commenter adds that although no known PMA alternatives 
have been identified for the parts that are found defective per this 
proposed AD, it is still possible that parts now existing, or 
manufactured in the future, could be legally used in place of those 
specified in the proposed AD. The commenter states that allowing PMA 
alternatives can be accomplished by changing paragraph (f) of the 
proposed AD to add the phrase ``or PMA alternatives'' to the end of the 
sentence which identifies the part numbers for installation.
    We do not agree. ADs are issued to provide a means of compliance 
for operators to ensure that the identified unsafe condition is 
properly addressed, and the service information referenced in this AD 
identifies the replacement parts necessary to obtain that compliance. 
It is impossible for us to foresee all the potential means to correct 
the unsafe condition, including the availability of replacement parts 
from sources other than the original manufacturer. This is especially 
true for yet-to-be designed replacement parts. It is our policy to 
allow the use of alternative parts, which may exist or may not yet be 
manufactured, in place of the replacement parts specified in the 
requirements of this AD only after a review of the design data for 
those parts to verify that the unsafe condition will not be 
reintroduced. This review is conducted once we receive a request for an 
alternative method of compliance. Any operator who would like to use an 
alternate type of engine fire handle may submit a request for approval 
of an alternative method of compliance, as specified in paragraph (i) 
of this AD. The request must include data substantiating that an 
acceptable level of safety would be maintained by use of the alternate 
type of engine fire handle. No change to the AD is needed in this 
regard.

[[Page 39643]]

Explanation of Change to Applicability

    We have revised the applicability of the proposed AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

Conclusion

    We have carefully reviewed the available data, including the 
comment that has been submitted, and determined that air safety and the 
public interest require adopting the AD with the change described 
previously. This change will neither increase the economic burden on 
any operator nor increase the scope of the AD.

Costs of Compliance

    This AD will affect about 616 airplanes of U.S. registry. The 
actions would take about 2 work hours per airplane, at an average labor 
rate of $65 per work hour. Based on these figures, the estimated cost 
of the AD for U.S. operators is $80,080, or $130 per airplane.

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 Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-14-02 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14179. Docket No. FAA-2005-20733; Directorate 
Identifier 2005-NM-004-AD.

Effective Date

    (a) This AD becomes effective August 15, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER Model EMB-135 and Model EMB-
145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes, 
certificated in any category; as identified in EMBRAER Service 
Bulletin 145-26-0012, Revision 01, dated January 6, 2005; and 
EMBRAER Service Bulletin 145LEG-26-0003, Revision 01, dated January 
6, 2005.

Unsafe Condition

    (d) This AD was prompted by cases of the internal circuit of the 
engine fire handle failing. We are issuing this AD to prevent 
failure of the internal circuit of the engine fire handle that could 
disable the fuel shut-off valves and the discharge of the fire 
extinguishing agent, which, in the event of a fire, could result in 
the inability to extinguish a fire.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection

    (f) Within 1,000 flight hours or 180 days after the effective 
date of this AD, whichever is first: Inspect to determine the part 
number (P/N) of the left and right engine fire handles, in 
accordance with the Accomplishment Instructions of EMBRAER Service 
Bulletin 145-26-0012, Revision 01, dated January 6, 2005 (for Model 
EMB-135 and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes, except for Model EMB-135BJ airplanes); or 
EMBRAER Service Bulletin 145LEG-26-0003, Revision 01, dated January 
6, 2005 (for Model EMB-135BJ series airplanes); as applicable. 
Instead of inspecting the left and right engine fire handles, a 
review of airplane maintenance records is acceptable if the P/Ns of 
the left and right engine fire handles can be determined 
conclusively from that review. If left and right engine fire 
handles, P/Ns 1-7054-1 and 2-7054-1, respectively, are found 
installed on the airplane, then no further action is required by 
this paragraph. If any engine fire handle having P/N 1-7054-2 or 2-
7054-2 is found installed on the airplane, before further flight, 
replace the engine fire handle with an engine fire handle having P/N 
1-7054-1 or 2-7054-1, as applicable, in accordance with the service 
bulletin.

Parts Installation

    (g) As of the effective date of this AD, no person may install 
left or right engine fire handles, P/Ns 1-7054-2 and 2-7054-2, on 
any airplane.

Credit for Previous Service Bulletin

    (h) Actions done before the effective date of this AD in 
accordance with EMBRAER Service Bulletin 145-26-0012, dated October 
6, 2004; or EMBRAER Service Bulletin 145LEG-26-0003, dated October 
6, 2004; as applicable; are acceptable for compliance with the 
requirements of paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (j) Brazilian airworthiness directive 2004-10-01, effective 
October 30, 2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (k) You must use EMBRAER Service Bulletin 145-26-0012, Revision 
01, dated January 6, 2005; or EMBRAER Service Bulletin 145LEG-26-
0003, Revision 01, dated January 6, 2005; as applicable; to perform 
the actions that are required by this AD, unless the AD specifies 
otherwise. The Director of the Federal Register approves the 
incorporation by reference of these

[[Page 39644]]

documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To 
get copies of the service information, contact Empresa Brasileira de 
Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos 
Campos--SP, Brazil. To view the AD docket, go to the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., room PL-401, Nassif Building, Washington, DC. To review 
copies of the service information, go 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.

    Issued in Renton, Washington, on June 29, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-13431 Filed 7-8-05; 8:45 am]
BILLING CODE 4910-13-P