Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Rules and Regulations 65535

Alternative to Accomplishing Modification 

(d) Instead of accomplishing the 

modification required by paragraph (b) or (c) 

of this AD, as applicable: Within 18 months 

after the effective date of this AD, do the 

actions specified in paragraphs (d)(1), (d)(2), 

and (d)(3) of this AD, in accordance with a 

method approved by the Manager, Seattle 

ACO; or in accordance with data meeting the 

type certification basis of the airplane 

approved by a Boeing Company DER who has 

been authorized by the Manager, Seattle 

ACO, to make such findings. 

(1) Reduce the total weight limit of the 

galley to a maximum capacity of 995 pounds 

or less. 

(2) Re-placard to specify the maximum 

capacity limit for the galley. 

(3) Re-placard to specify the load limit for 

individual compartments, as necessary, to 

ensure that the total of the individual 

compartment weights does not exceed the 

maximum capacity for the galley. 

Alternative Methods of Compliance 

(e) In accordance with 14 CFR 39.19, the 

Manager, Seattle ACO, is authorized to 

approve alternative methods of compliance 

(AMOCs) for this AD. 

Incorporation by Reference 

(f) Unless otherwise specified in this AD, 

the actions shall be done in accordance with 

Boeing Special Attention Service Bulletin 

737–53–1154, Revision 1, dated October 3, 

2002. 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 Boeing Commercial Airplanes, P.O. Box 

3707, Seattle, Washington 98124–2207. 

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. 

Effective Date 

(g) This amendment becomes effective on 

December 20, 2004.

Issued in Renton, Washington, on 

November 1, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–24931 Filed 11–12–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–346–AD; Amendment 

39–13864; AD 2004–23–09] 

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.

SUMMARY: This amendment supersedes 

an existing airworthiness directive (AD), 

applicable to certain EMBRAER Model 

EMB–135 and –145 series airplanes, that 

currently requires determining whether 

a defective auxiliary power unit (APU) 

exhaust silencer is installed on the 

airplane; and corrective actions if 

necessary. For certain airplanes, this 

amendment requires modification of the 

APU exhaust silencer, and 

reidentification of the part number for 

the APU exhaust silencer once the 

modification is accomplished. For 

certain other airplanes, this amendment 

requires repetitive inspections to 

determine the structural integrity of the 

APU exhaust silencer; corrective 

actions, if necessary; eventual 

modification of the APU exhaust 

silencer, which terminates the repetitive 

inspections; and reidentification of the 

part number for the APU exhaust 

silencer once the modification is 

accomplished. This amendment also 

adds airplanes to the applicability of the 

existing AD. The actions specified by 

this AD are intended to prevent 

separation of the aft baffle assembly 

from the APU exhaust silencer and 

consequent separation of the assembly 

from the airplane, which could cause 

damage to other airplanes during takeoff 

and landing operations, or injury to 

people on the ground. This action is 

intended to address the identified 

unsafe condition.

DATES: Effective December 20, 2004. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of December 

20, 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) 

by superseding AD 2002–16–06, 

amendment 39–12845 (67 FR 52398, 

August 12, 2002), which is applicable to 

certain EMBRAER Model EMB–135 and 

–145 series airplanes, was published in 

the Federal Register on April 6, 2004 

(69 FR 17993). For certain airplanes, the 

action proposed to require modification 

of the APU exhaust silencer, and 

reidentification of the part number for 

the APU exhaust silencer once the 

modification is accomplished. For 

certain other airplanes, the action 

proposed to require repetitive 

inspections to determine the structural 

integrity of the APU exhaust silencer; 

corrective actions, if necessary; eventual 

modification of the APU exhaust 

silencer, which terminates the repetitive 

inspections; and reidentification of the 

part number for the APU exhaust 

silencer once the modification is 

accomplished. That action also 

proposed to add airplanes to the 

applicability of the existing AD. 

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 Accomplish Terminating 

Action Without First Doing the 

Inspections 

The commenter, an operator, requests 

that the proposed AD be revised to 

allow operators to ‘‘bypass’’ the 

inspections in Part I of the 

Accomplishment Instructions of 

EMBRAER Service Bulletin 145–49–

0021, Change 03, dated September 12, 

2003, and do just the modification in 

Part II of the Accomplishment 

Instructions of that service bulletin. The 

modification is the terminating action 

65536 Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Rules and Regulations 

for the repetitive inspections in the 

proposed AD. 

We agree with the commenter’s 

request to allow operators to do just the 

modification in Part II of the 

Accomplishment Instructions of 

EMBRAER Service Bulletin 145–49–

0021, Change 03, instead of first doing 

the inspections in Part I of the 

Accomplishment Instructions. The 

purpose of this AD is to require 

operators to modify the auxiliary power 

unit (APU) exhaust silencer. The 

inspections specified in paragraphs (c) 

and (d) of the proposed AD are relieving 

actions that allow airplanes that do not 

have defective APU exhaust silencers to 

continue operating for a specified 

period of time before operators perform 

the terminating modification. The 

inspections are the means of 

determining whether an APU exhaust 

silencer is defective. We have revised 

paragraphs (c) and (d) of this AD to 

specify that operators that have done the 

terminating modification required by 

paragraph (e) of this AD do not have to 

do the inspections required by 

paragraphs (c) and (d).

Request for Credit for Accomplishment 

of Previous Revisions of Service 

Information 

The commenter requests that the 

proposed AD be revised to give credit 

for actions accomplished previously per 

the original issue of EMBRAER Service 

Bulletin 145–49–0021, dated July 11, 

2002; or per Change 01 of that service 

bulletin, dated July 31, 2002. 

We agree with the commenter’s 

request. We have determined that the 

Accomplishment Instructions are 

essentially the same in the original 

issue, Change 01, Change 02, and 

Change 03, of Service Bulletin 145–49–

0021. The primary difference between 

the change levels is the effectivity of the 

airplanes. We have revised paragraph (g) 

of this final rule to include the original 

issue and Change 01 of Service Bulletin 

145–49–0021 as additional appropriate 

sources of service information. 

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 

previously described. We have 

determined that these changes will 

neither increase the economic burden 

on any operator nor increase the scope 

of the AD. 

Cost Impact 

There are approximately 394 

airplanes of U.S. registry that will be 

affected by this AD. 

The repetitive inspections specified in 

Part I of EMBRAER Service Bulletin 

145–49–0021, Change 03, dated 

September 12, 2003; and EMBRAER 

Service Bulletin 145LEG–49–0001, 

Change 01, dated August 29, 2002; that 

are required by this AD will take 

approximately 1 work hour per airplane 

to accomplish, at an average labor rate 

of $65 per work hour. Based on these 

figures, the cost impact of the repetitive 

inspections on U.S. operators is 

estimated to be $65 per airplane, per 

inspection cycle. 

The modification, including the part 

number reidentification, specified in 

Part I of EMBRAER Service Bulletin 

145–49–0021, Change 03; and 

EMBRAER Service Bulletin 145LEG–

49–0001, Change 01; will take 

approximately 4 work hours per 

airplane to accomplish, at an average 

labor rate of $65 per work hour. 

Required parts will be supplied by the 

part manufacturer at no cost to 

operators. Based on these figures, the 

cost impact of the modification is 

estimated to be $102,440, or $260 per 

airplane. 

The modification, including the part 

number reidentification, specified in 

Part II of EMBRAER Service Bulletin 

145–49–0021, Change 03, will take 

approximately 1 work hour per airplane 

to accomplish, at an average labor rate 

of $65 per work hour. Based on these 

figures, the cost impact of the 

modification is estimated to be $65 per 

airplane. 

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. 

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

■ 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

■ 1. The authority citation for part 39 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

■ 2. Section 39.13 is amended by 

removing amendment 39–12845 (67 FR 

52398, August 12, 2002), and by adding 

a new airworthiness directive (AD), 

amendment 39–13864, to read as 

follows:

2004–23–09 Empresa Brasileira De 

Aeronautica S.A. (EMBRAER):

Amendment 39–13864. Docket 2002–

NM–346–AD. Supersedes AD 2002–16–

06, amendment 39–12845.

Applicability: Model EMB–135BJ series 

airplanes, as listed in EMBRAER Service 

Bulletin 145LEG–49–0001, Change 01, dated 

August 29, 2002; and Model EMB–135 and 

–145 series airplanes, as listed in EMBRAER 

Service Bulletin 145–49–0021, Change 03, 

dated September 12, 2003; certificated in any 

category. 

Compliance: Required as indicated, unless 

accomplished previously.

To prevent separation of the aft baffle 

assembly from the APU exhaust silencer and 

consequent separation of the assembly from 

the airplane, which could cause damage to 

other airplanes during takeoff and landing 

operations, or injury to people on the ground, 

accomplish the following: 

Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Rules and Regulations 65537

Modification 

(a) For airplanes that have incorporated 

EMBRAER Alert Service Bulletin 145–49–

A021, Change 01, dated May 13, 2002: 

Within 1,500 flight hours after the effective 

date of this AD, install a spacer and bolts 

(including torquing the bolts) in the APU 

exhaust silencer assembly per the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145LEG–49–0001, Change 

01, dated August 29, 2002, (for Model EMB–

135BJ series airplanes); or Part II of the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145–49–0021, Change 03, 

dated September 12, 2003, (for Model EMB–

135 and –145 series airplanes); as applicable. 

Reidentification of Modified Part 

(b) For airplanes that have incorporated 

EMBRAER Alert Service Bulletin 145–49–

A021, Change 01, dated May 13, 2002: After 

accomplishment of the modification required 

by paragraph (a) of this AD, before further 

flight, change the part number of the 

modified APU exhaust silencer assembly 

from 4503801B to 4503801C per the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145LEG–49–0001, Change 

01, dated August 29, 2002; or Part II of the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145–49–0021, Change 03, 

dated September 12, 2003; as applicable. 

Inspections 

(c) For airplanes that have not incorporated 

EMBRAER Alert Service Bulletin 145–49–

A021, Change 01, dated May 13, 2002; or that 

have not accomplished the modification 

required by paragraph (e) of this AD: Within 

500 flight hours or 3 months after the 

effective date of this AD, whichever is first, 

do a one-time general visual inspection of the 

APU exhaust silencer to determine if the aft 

baffle is flush with the end of the cylindrical 

portion, and an inspection of the movement 

of the cylindrical portion of the APU exhaust 

silencer shell assembly, per the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145LEG–49–0001, Change 

01, dated August 29, 2002; or Part I of the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145–49–0021, Change 03, 

dated September 12, 2003; as applicable. 

(1) If the APU exhaust silencer assembly 

passes the inspections: Do the actions in 

paragraph (d) of this AD. 

(2) If the APU exhaust silencer assembly 

does not pass one or both inspections: Before 

further flight, secure or remove the affected 

parts from the silencer, and placard the APU 

as ‘‘Inoperative’’ per the Accomplishment 

Instructions of the applicable service 

bulletin. No further action is required unless 

the APU is reactivated. To reactivate the 

APU: Before further flight, do the actions 

required by paragraph (e) of this AD.

Note 1: For the purposes of this AD, a 

general visual inspection is defined as: ‘‘A 

visual examination of an interior or exterior 

area, installation, or assembly to detect 

obvious damage, failure, or irregularity. This 

level of inspection is made from within 

touching distance unless otherwise specified. 

A mirror may be necessary to enhance visual 

access to all exposed surfaces in the 

inspection area. This level of inspection is 

made under normally available lighting 

conditions such as daylight, hangar lighting, 

flashlight, or droplight and may require 

removal or opening of access panels or doors. 

Stands, ladders, or platforms may be required 

to gain proximity to the area being checked.’’

Repetitive Inspections 

(d) For airplanes that have not 

incorporated EMBRAER Alert Service 

Bulletin 145–49–A021, Change 01, dated 

May 13, 2002; or that have not accomplished 

the modification required by paragraph (e) of 

this AD: After doing the inspections required 

by paragraph (c) of this AD, before further 

flight, do a mechanical integrity inspection of 

the APU exhaust silencer assembly per the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145LEG–49–0001, Change 

01, dated August 29, 2002; or Part I of the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145–49–0021, Change 03, 

dated September 12, 2003; as applicable. 

(1) If the APU exhaust silencer assembly 

passes the inspection required by paragraph 

(d) of this AD: Do the same steps for the 

mechanical integrity inspection required by 

paragraph (d) of this AD in a counterclockwise direction, per the Accomplishment 

Instructions of the applicable service 

bulletin. Repeat the inspections required by 

paragraphs (d) and (d)(1) of this AD thereafter 

at intervals not to exceed 500 flight hours or 

3 months, whichever is first. The inspections 

may be repeated up to two times before 

accomplishment of the requirements of 

paragraph (e) of this AD. 

(2) If the APU exhaust silencer assembly 

does not pass the inspection required by 

paragraph (d) of this AD: Before further 

flight, disassemble the APU exhaust silencer 

assembly or placard the APU as 

‘‘Inoperative’’ per the Accomplishment 

Instructions of the applicable service 

bulletin. No further action is required unless 

the APU is reactivated. To reactivate the 

APU: Before further flight, do the actions 

required by paragraph (e) of this AD. 

Modification/Terminating Action 

(e) For airplanes that have not incorporated 

EMBRAER Alert Service Bulletin 145–49–

A021, Change 01, dated May 13, 2002: 

Within 1,500 flight hours or 12 months after 

the effective date of this AD, whichever is 

first, except as provided by paragraphs (c)(2) 

and (d)(2) of this AD, do all of the applicable 

actions per the Accomplishment Instructions 

of EMBRAER Service Bulletin 145LEG–49–

0001, Change 01, dated August 29, 2002; or 

Part I of the Accomplishment Instructions of 

EMBRAER Service Bulletin 145–49–0021, 

Change 03, dated September 12, 2003; as 

applicable. This constitutes terminating 

action for the repetitive inspections required 

by paragraph (d) of this AD. 

Reidentification of Modified Part 

(f) For airplanes that have not incorporated 

EMBRAER Alert Service Bulletin 145–49–

A021, Change 01, dated May 13, 2002: After 

accomplishment of the modification required 

by paragraph (e) of this AD, before further 

flight, change the part number of the 

modified APU exhaust silencer assembly 

from 4503801B to 4503801C per the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145LEG–49–0001, Change 

01, dated August 29, 2002; or Part I of the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145–49–0021, Change 03, 

dated September 12, 2003; as applicable. 

Actions Previously Accomplished 

(g) Accomplishment of the specified 

actions before the effective date of this AD 

per EMBRAER Service Bulletin 145–49–

0021, dated July 11, 2002; Change 01, dated 

July 31, 2002; or Change 02, dated November 

12, 2002; is considered acceptable for 

compliance with the applicable requirements 

of paragraphs (a), (b), (c), (d), (e), and (f) of 

this AD. 

Parts Installation 

(h) As of the effective date of this AD, no 

person may install on any airplane an APU 

exhaust silencer having P/N 4503801B. 

Alternative Methods of Compliance 

(i) 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 

(j) Unless otherwise specified in this AD, 

the actions must be done in accordance with 

EMBRAER Service Bulletin 145LEG–49–

0001, Change 01, dated August 29, 2002; or 

EMBRAER Service Bulletin 145–49–0021, 

Change 03, dated September 12, 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 2: The subject of this AD is addressed 

in Brazilian airworthiness directive 2002–05–

01R2, dated January 6, 2003.

Effective Date 

(k) This amendment becomes effective on 

December 20, 2004.

Issued in Renton, Washington, on 

November 1, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–24935 Filed 11–12–04; 8:45 am] 

BILLING CODE 4910–13–P