Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 68771

Related Information 

(m) None.

Issued in Burlington, Massachusetts, on 

November 15, 2004. 

Jay J. Pardee, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service.

[FR Doc. 04–25791 Filed 11–24–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2003–CE–67–AD; Amendment 

39–13878; AD 2004–24–02] 

RIN 2120–AA64

Airworthiness Directives; 

Ostmecklenburgische Flugzeugbau 

GmbH ModelOMF–100–160 Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA adopts a new 

airworthiness directive (AD) for certain 

Ostmecklenburgische Flugzeugbau 

GmbH (OMF) Model OMF–100–160 

airplanes. This AD requires you to 

inspect the outside tube (cage) that 

supports the main landing gear leg for 

cracks, repair if cracks are found, and 

inspect the thickness of the tube if no 

cracks were found and reinforce the 

tube as necessary. This AD results from 

mandatory continuing airworthiness 

information (MCAI) issued by the 

airworthiness authority for Germany. 

We are issuing this AD to detect, 

correct, and prevent future cracks in the 

outside tube of the main landing gear 

leg, which could result in structural 

failure of the fuselage tubing assembly. 

This failure could lead to loss of control 

of the airplane.

DATES: This AD becomes effective on 

December 28, 2004. 

As of December 28, 2004, the Director 

of the Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulation.

ADDRESSES: To get the service 

information identified in this AD, 

contact Ostmecklenburgische 

Flugzeugbau GmbH, Flughafenstrasse, 

17039 Trollenhagen, Federal Republic 

of Germany; telephone: 011 49 395 

42560–0; facsimile: 011 49 395 42560–

20. To review this service information, 

go to the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, go to: http://

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html or call (202) 741–

6030. 

To view the AD docket, go to the 

Docket Management Facility; U.S. 

Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001 or on the Internet at http://

dms.dot.gov. The docket number is 

2003–CE–67–AD.

FOR FURTHER INFORMATION CONTACT: Karl 

Schletzbaum, Aerospace Engineer, 

ACE–112, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, 

Missouri, 64106; telephone: (816) 329–

4146; facsimile: (816) 329–4149.

SUPPLEMENTARY INFORMATION:

Discussion 

What events have caused this AD?

The Luftfahrt-Bundesamt (LBA), which 

is the airworthiness authority for 

Germany, recently notified the FAA that 

an unsafe condition may exist on certain 

OMF Model OMF–100–160 airplanes. 

The LBA reports that the manufacturer 

received a report of cracks in the outside 

fuselage tube that supports the main 

landing gear leg. Further investigation 

revealed that one manufacturer of 

fuselage tubes used out-of-design 

dimensions for the tube elements. 

What is the potential impact if FAA 

took no action? Cracks in the outside 

tube of the main landing gear leg, if not 

detected, corrected, and prevented, 

could result in structural failure of the 

fuselage tubing assembly. This failure 

could lead to loss of control of the 

airplane. 

Has FAA taken any action to this 

point? We issued a proposal to amend 

part 39 of the Federal Aviation 

Regulations (14 CFR part 39) to include 

an AD that would apply to certain OMF 

Model OMF–100–160 airplanes. This 

proposal was published in the Federal 

Register as a notice of proposed 

rulemaking (NPRM) on August 18, 2004, 

(69 FR 51206). The NPRM proposed to 

detect, correct, and prevent future 

cracks in the outside tube of the main 

landing gear leg. These cracks could 

result in structural failure of the 

fuselage tubing assembly and lead to 

loss of control of the airplane. 

Comments 

Was the public invited to comment?

We provided the public the opportunity 

to participate in developing this AD. We 

received no comments on the proposal 

or on the determination of the cost to 

the public. 

Conclusion 

What is FAA’s final determination on 

this issue? We have carefully reviewed 

the available data and determined that 

air safety and the public interest require 

adopting the AD as proposed except for 

minor editorial corrections. We have 

determined that these minor 

corrections: 

—Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

—Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Changes to 14 CFR Part 39—Effect on 

the AD 

How does the revision to 14 CFR part 

39 affect this AD? On July 10, 2002, the 

FAA published a new version of 14 CFR 

part 39 (67 FR 47997, July 22, 2002), 

which governs the FAA’s AD system. 

This regulation now includes material 

that relates to altered products, special 

flight permits, and alternative methods 

of compliance. This material previously 

was included in each individual AD. 

Since this material is included in 14 

CFR part 39, we will not include it in 

future AD actions. 

Costs of Compliance 

How many airplanes does this AD 

impact? We estimate that this AD affects 

11 airplanes in the U.S. registry.

What is the cost impact of this AD on 

owners/operators of the affected 

airplanes? We estimate the following 

costs to accomplish the inspections:

Labor cost Parts cost Total cost 

per airplane 

Total cost on U.S.

operators 

Inspection for cracks—2 workhours est. $65 per hour = $130 ...................... N/A $130 $1,430. 

Inspection for inadequate thickness of tubing that supports the main landing gear leg—2 workhours est. $65 per hour = $130.N/A 130 OMF will cover the cost for the special inspection. 

68772 Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 

We estimate the following costs to 

accomplish any necessary repairs that 

would be required based on the results 

of these proposed inspections. We have 

no way of determining the number of 

airplanes that may need this repair:

Labor cost Parts cost Total cost per 

airplane 

85 workhours × $65 per hour = $5,525 ........................................................................................... None per manufacturer ........ $5,525

Regulatory Findings 

Will this AD impact various entities?

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. 

Will this AD involve a significant rule 

or regulatory action? 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 the 

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 summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary by sending a request to us 

at the address listed under ADDRESSES.

Include ‘‘Docket No. 2004–CE–67–AD’’

in your request. 

This rulemaking is promulgated 

under the authority in Subtitle VII, Part 

A, Subpart III, Section 44701, General 

requirements. Under that section, the 

FAA is charged with prescribing 

minimum standards required in the 

interest of safety for the design of 

aircraft. This regulation is within the 

scope of that authority since it corrects 

an unsafe condition in the design of the 

aircraft caused by cracks in the outside 

tube of the main landing gear leg.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety.

Adoption of the Amendment

■ Accordingly, under 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. FAA amends § 39.13 by adding a 

new AD to read as follows:

2004–24–02 Ostmecklenburgische 

Flugzeugbau GmbH: Amendment 39–

13878; Docket No. 2004–CE–67–AD.

When Does This AD Become Effective? 

(a) This AD becomes effective on December 

28, 2004. 

What Other ADs Are Affected by This 

Action? 

(b) None. 

What Airplanes Are Affected by This AD? 

(c) This AD affects Model OMF–100–160 

airplanes, serial numbers 0006, 0007, 0012 

through 0015, 0017, 0018, 0020, 0021, 0024, 

0025, 0028, and 0029; that are certificated in 

any category. 

What Is the Unsafe Condition Presented in 

This AD? 

(d) This AD is the result of cracks in the 

fuselage tubing assembly and inadequate 

thickness of tubing that supports the main 

landing gear leg. The actions specified in this 

AD are intended to detect, correct, and 

prevent future cracks in the tubing for the 

main landing gear leg, which could result in 

failure of the fuselage tubing assembly. This 

failure could lead to loss of control of the 

airplane. 

What Must I Do To Address This Problem? 

(e) To address this problem, you must do 

the following:

Actions Compliance Procedures 

(1) Inspect the main landing gear leg support 

for cracks.

Inspect the airplane within 50 hours time-inservice (TIS) after December 28, 2004 (the 

effective date of this AD).

Inspect following the procedures in OMF Alert 

Service Bulletin No. 1107/0002, dated September 16, 2003. 

(2) If cracks are found during any inspection required in paragraph (e)(1) or (e)(3)(ii) of this 

AD, obtain repair instructions from the manufacturer through the FAA and incorporate the 

repair instructions. This repair eliminates the 

repetitive inspection requirement of this AD.

Repair prior to further flight after the inspection where cracks are found.Contact an Ostmecklengurgische 

Flugzeugbau GmbH (OMF) representative 

at 1–819–377–1177 for repair instructions 

and incorporate these instructions. Summarize and copy all correspondence and send 

to FAA at the address specified in paragraph (f) of this AD. 

(3) If no cracks are found during the inspection 

required in paragraph (e)(1) of this AD, do 

the following: 

(i) inspect tubing for proper thickness and make 

any appropriate reinforcements 

(ii) repetitively inspect main landing gear leg 

support for cracks 

Inspect for tubing thickness of the airplane 

within 50 hours TIS after the initial inspection required in paragraph (e)(1) of this AD. 

Reinforce prior to further flight after the inspection required in paragraph (e)(3)(i) of 

this AD. Repetitively inspect the main landing gear leg support within 50 hours 

TISafter the initial inspection required by 

paragraph (e)(1) of this AD and thereafter 

at intervals not to exceed 50 hours TIS.

Inspect following procedures in OMF Alert 

Service Bulletin No. 1107/0002, dated September 16, 2003. Reinforce with instructions 

from the manufacturer. Contact an 

Ostmecklengurgische Flugzeugbau GmbH 

(OMF) representative at 1–819–377–1177 

for repair instructions and incorporate these 

instructions. Summarize and copy all correspondence and send to FAA at the address specified in paragraph (f) of this AD. 

May I Request an Alternative Method of 

Compliance? 

(f) You may request a different method of 

compliance or a different compliance time 

for this AD by following the procedures in 14 

CFR 39.19. Unless FAA authorizes otherwise, 

send your request to your principal 

inspector. The principal inspector may add 

comments and will send your request to the 

Manager, Standards Office, FAA. For 

information on any already approved 

alternative methods of compliance, contact

Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 68773

Karl Schletzbaum, Aerospace Engineer, ACE–

112, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri, 64106; 

telephone: (816) 329–4146; facsimile: (816) 

329–4149. 

Is There Other Information That Relates to 

This Subject? 

(g) LBA Airworthiness Directive No. 2003–

272, dated October 7, 2003, and OMF Alert 

Service Bulletin 1107/0002, dated September 

16, 2003, pertain to the subject of this AD. 

Does This AD Incorporate Any Material by 

Reference? 

(h) You must do the actions required by 

this AD following the instructions in OMF 

Aircraft Alert Service Bulletin 1107/0002, 

dated September 16, 2003. The Director of 

the Federal Register approved the 

incorporation by reference of this service 

bulletin in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. To get a copy of this 

service information, contact 

Ostmecklenburgische Flugzeugbau GmbH, 

Flughafenstrasse, 17039 Trollenhagen, 

Federal Republic of Germany; telephone: 011 

49 395 42560–0; facsimile: 011 49 395 

42560–20. To review copies of this service 

information, go to the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, go to: http://

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html or call (202) 741–6030. To 

view the AD docket, go to the Docket 

Management Facility; U.S. Department of 

Transportation, 400 Seventh Street, SW., 

Nassif Building, Room PL–401, Washington, 

DC 20590–001 or on the Internet at http://

dms.dot.gov. The docket number is 2003–

CE–67–AD.

Issued in Kansas City, Missouri, on 

November 15, 2004. 

Scott L. Sedgwick, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–25789 Filed 11–24–04; 8:45 am] 

BILLING CODE 4910–13–P

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.

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 onetime 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,