[Federal Register Volume 69, Number 227 (Friday, November 26, 2004)]
[Rules and Regulations]
[Pages 68773-68775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25788]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-351-AD; Amendment 39-13874; AD 2004-23-19]
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.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain EMBRAER Model EMB-135 and -45 series 
airplanes. The existing AD currently requires a one-time inspection to 
detect incorrect wiring of the electrical connectors to the pressure 
switches and cartridges on the fire extinguisher bottles for the 
engines and the auxiliary power unit (APU); disconnection and 
reconnection of the wiring, as necessary; and adjustment of the length 
of the harnesses on the fire extinguisher bottles to avoid future 
misconnections. This amendment requires additional adjustment of the 
length of the harnesses; installation of a color-coded identification 
system to avoid misconnections during maintenance; and a functional 
test of the engine fire extinguisher system. This amendment also 
expands the applicability of the existing AD to include additional 
airplanes. The actions specified by this AD are intended to prevent the 
issuance of erroneous commands or the receipt of erroneous information 
pertaining to the fire extinguisher system for the engines and the APU, 
which could result in the inability to put out a fire in an engine or 
in the APU. This action is intended to address the identified unsafe 
condition.

DATES: Effective January 3, 2005.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 3, 2005.
    The incorporation by reference of EMBRAER Service Bulletin 145-26-
0009, dated January 26, 2001, as listed in the regulations, was 
approved previously by the Director of the Federal Register as of June 
8, 2001 (66 FR 28646, May 24, 2001).

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 2001-10-15, 
amendment 39-12241 (66 FR 28646, May 24, 2001), which is applicable to 
certain EMBRAER Model EMB-135 and -145 series airplanes, was published 
in the Federal Register on May 12, 2004 (69 FR 26326). The action 
proposed to continue to require a one-time inspection to detect 
incorrect wiring of the electrical connectors to the pressure switches 
and cartridges on the fire extinguisher bottles for the engines and the 
auxiliary power unit (APU); disconnection and reconnection of the 
wiring, as necessary; and adjustment of the length of the harnesses on 
the fire extinguisher bottles to avoid future misconnections. The 
action also proposed to require additional adjustment of the length of 
the harnesses; installation of a color-coded identification system to 
avoid misconnections during maintenance; and a functional test of the 
engine fire extinguisher system. The action also proposed to expand the 
applicability of the existing AD to include additional airplanes.

Comments

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

Request To Extend Compliance Time for Modification

    One commenter, the airplane manufacturer, requests that we revise 
paragraph (c) of the proposed AD to extend the compliance time from 
4,000 to 5,000 flight hours for modifying the electrical harnesses and 
electrical connectors of the engine and APU fire extinguisher system. 
The commenter states that this would allow operators of affected 
airplanes to do the modification during a regularly scheduled 
maintenance visit. The commenter states that this extension would not 
compromise flight safety because the proposed AD would also require a 
general visual inspection to detect incorrect wiring of connectors. The 
compliance time for this general visual inspection is 100 flight hours 
after June 8, 2001 (the effective date of AD 2001-10-15) for airplanes 
subject to AD 2001-10-15, and 100 flight hours after the effective date 
of this AD for airplanes added to the applicability of this AD.
    We do not concur. In consultation with the Departmento de Aviacao 
Civil,

[[Page 68774]]

which is the airworthiness authority for Brazil, we have determined 
that extending the compliance time for the modification is not 
appropriate, and would not adequately ensure continued flight safety. 
We have not revised this AD.

Explanation of Editorial Change to Final Rule

    We have revised paragraph (d) of this AD to correct typographical 
errors in two serial numbers.

Conclusion

    After careful review of the available data, including the comment 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule with the change described previously. 
We have determined that this change will neither increase the economic 
burden on any operator nor increase the scope of the AD.

Cost Impact

    There are approximately 435 airplanes of U.S. registry that will be 
affected by this AD.
    The actions that are currently required by AD 2001-10-15 and 
continue to be required by this AD take approximately 3 work hours per 
airplane, at an average labor rate of $65 per work hour. Based on these 
figures, the cost impact of the currently required actions on U.S. 
operators is estimated to be $84,825, or $195 per airplane.
    The new actions that are required by this AD will take 
approximately 7 work hours per airplane, at an average labor rate of 
$65 per work hour. Required parts will cost approximately $93 per 
airplane. Based on these figures, the cost impact of the new 
requirements of this AD on U.S. operators is estimated to be $238,380, 
or $548 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

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 removing amendment 39-12241 (66 FR 
28646, May 24, 2001), and by adding a new airworthiness directive (AD), 
amendment 39-13874, to read as follows:

2004-23-19 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-13874. Docket 2002-NM-351-AD. Supersedes AD 2001-10-15, 
Amendment 39-12241.

    Applicability: Model EMB-135 and -145 series airplanes, as 
listed in EMBRAER Service Bulletin 145-26-0010, Change 03, dated 
August 28, 2002; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the issuance of erroneous commands or the receipt of 
erroneous information pertaining to the fire extinguisher system for 
the engines and auxiliary power unit (APU), which could result in 
the inability to put out a fire in an engine or in the APU, 
accomplish the following:

Restatement of the Requirements of AD 2001-10-15

Inspection

    (a) For airplanes listed in EMBRAER Service Bulletin 145-26-
0009, dated January 26, 2001: Within 100 flight hours after June 8, 
2001 (the effective date of AD 2001-10-15, amendment 39-12241), 
perform a one-time general visual inspection to detect incorrect 
wiring of electrical connectors to the pressure switches and 
cartridges on the fire extinguisher bottles for the engines and the 
APU, in accordance with paragraph 3.D. of the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-26-0009, dated January 
26, 2001; or Change 01, dated June 25, 2001.

    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 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.''

    (1) If the wiring connections are correct: Prior to further 
flight, adjust the length of the harnesses to the fire extinguisher 
bottles, in accordance with the service bulletin.
    (2) If the wiring connections are incorrect: Prior to further 
flight, re-connect them and adjust the length of the harnesses to 
the fire extinguisher bottles, in accordance with the service 
bulletin.

New Requirements of This AD

Inspection

    (b) For airplanes not subject to paragraph (a) of this AD: 
Within 100 flight hours after the effective date of this AD, perform 
a one-time general visual inspection to detect incorrect wiring of 
electrical connectors to the pressure switches and cartridges on the 
fire extinguisher bottles for the engines and the APU, in accordance 
with paragraph 3.D. of the Accomplishment Instructions of EMBRAER 
Service Bulletin 145-26-0009, Change 01, dated June 25, 2001.
    (1) If the wiring connections are correct: Prior to further 
flight, adjust the length of the harnesses to the fire extinguisher 
bottles, in accordance with the service bulletin.
    (2) If the wiring connections are incorrect: Prior to further 
flight, re-connect them and adjust the length of the harnesses to 
the fire extinguisher bottles, in accordance with the service 
bulletin.

Modifications

    (c) For all airplanes: Within 4,000 flight hours after the 
effective date of this AD, modify the electrical harnesses and 
electrical connectors of the engine and APU fire extinguisher 
system, including installing identification sleeves and color-coded 
identification stickers, in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-26-0010, Change 03, 
dated August 28, 2002.

[[Page 68775]]

Parts Installation

    (d) As of the effective date of this AD, no person may install 
on any airplane, engine fire extinguisher bottle part number (P/N) 
33600057-1 or P/N 33600057-5, serial number (S/N) 26916D1 through 
42300D1 inclusive; and APU fire extinguisher bottles P/N 30100050-1 
or P/N 30100050-5, S/N 30209A1 through S/N 38950A1, inclusive; 
unless color-coded stickers are installed in accordance with 
paragraph (c) of this AD.

Actions Accomplished Per Previous Issues of the Service Bulletin

    (e) Actions accomplished prior to the effective date of this AD 
in accordance with EMBRAER Service Bulletin 145-26-0010, dated June 
25, 2001; Change 01, dated January 3, 2002; or Change 02, dated June 
5, 2002; are considered acceptable for compliance with the 
corresponding actions specified in this AD.

Alternative Methods of Compliance

    (f) 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

    (g) Unless otherwise specified in this AD, the actions shall be 
done in accordance with EMBRAER Service Bulletin 145-26-0009, dated 
January 26, 2001, or EMBRAER Service Bulletin 145-26-0009, Change 
01, dated June 25, 2001; and EMBRAER Service Bulletin 145-26-0010, 
Change 03, dated August 28, 2002; as applicable.
    (1) The incorporation by reference of EMBRAER Service Bulletin 
145-26-0009, Change 01, dated June 25, 2001; and EMBRAER Service 
Bulletin 145-26-0010, Change 03, dated August 28, 2002; is approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. EMBRAER Service Bulletin 145-26-0010, 
Change 03, dated August 28, 2002, contains the following effective 
pages:

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                                  Change level shown
           Page number                  on page       Date shown on page
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1-3, 8..........................  03................  August 28, 2002.
4-7, 9-24, 39-41................  Original..........  June 25, 2001.
25-38...........................  01................  January 3, 2002.
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    (2) The incorporation by reference of EMBRAER Service Bulletin 
145-26-0009, dated January 26, 2001, was approved previously by the 
Director of the Federal Register as of June 8, 2001 (66 FR 28646, 
May 24, 2001).
    (3) 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 2001-09-01R1, dated June 26, 2002.

Effective Date

    (h) This amendment becomes effective on January 3, 2005.

    Issued in Renton, Washington, on November 10, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-25788 Filed 11-24-04; 8:45 am]
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