Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120 Series Airplanes

[Federal Register Volume 69, Number 137 (Monday, July 19, 2004)]
[Rules and Regulations]
[Pages 42860-42861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16033]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-48-AD; Amendment 39-13734; AD 2004-14-25]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-120 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 Empresa Brasileira de Aeronautica S.A. (EMBRAER) 
Model EMB-120 series airplanes, that requires installing a lightning 
bonding jumper from the lower rotating beacon to the airframe. This 
action is necessary to prevent possible multiple avionics failures 
caused by a lightning strike, which could reduce the ability of the 
flightcrew to control the airplane. This action is intended to address 
the identified unsafe condition.

DATES: Effective August 23, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 23, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), PO 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) to include an airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-120 
series airplanes was published in the Federal Register on April 29, 
2004 (69 FR 23456). That action proposed to require installing a 
lightning bonding jumper from the lower rotating beacon to the 
airframe.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments have been submitted on the 
proposed AD or on the determination of the cost to the public.

Conclusion

    After careful review of the available data, we have determined that 
air safety and the public interest require the adoption of the rule as 
proposed.

Cost Impact

    We estimate that 217 airplanes of U.S. registry will be affected by 
this AD, that it will take approximately 3 work hours per airplane to 
accomplish the required actions, and that the average labor rate is $65 
per work hour. Required parts will cost approximately $134 per 
airplane. Based on these figures, the cost impact of the AD on U.S. 
operators is estimated to be $71,393, or $329 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.

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:

2004-14-25 Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-13734. Docket 2004-NM-48-AD.

    Applicability: Model EMB-120 series airplanes, serial numbers 
120004, and 120006 through 120359 inclusive; certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent possible multiple avionics failures caused by a 
lightning strike, which could reduce the ability of the flightcrew 
to control the airplane, accomplish the following:
    (a) Within 4,000 flight hours or 30 months after the effective 
date of this AD, whichever comes first: Install a lightning bonding

[[Page 42861]]

jumper from the lower rotating beacon to the airframe in accordance 
with the Accomplishment Instructions of EMBRAER Service Bulletin 
120-33-0037, dated November 5, 2003.

Alternative Methods of Compliance

    (b) 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

    (c) The actions shall be done in accordance with EMBRAER Service 
Bulletin 120-33-0037, dated November 5, 2003. 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 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.

    Note 1: The subject of this AD is addressed in Brazilian 
airworthiness directive 2004-01-06, dated February 5, 2004.

Effective Date

    (d) This amendment becomes effective on August 23, 2004.

    Issued in Renton, Washington, on July 8, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-16033 Filed 7-16-04; 8:45 am]
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