[Federal Register: July 6, 2005 (Volume 70, Number 128)]
[Rules and Regulations]
[Page 38751-38753]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy05-1]
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Rules and Regulations
Federal Register
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[[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.
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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
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EMBRAER service bulletin Revision and date
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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.
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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]]
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Revision
Page No. level shown Date shown on page
on page
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1-3................................ 04 March 16, 2005.
4-14............................... 03 December 2, 2003.
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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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