Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ Series Airplanes

[Federal Register Volume 70, Number 19 (Monday, January 31, 2005)]
[Rules and Regulations]
[Pages 4760-4761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1515]



[[Page 4760]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19526; Directorate Identifier 2004-NM-140-AD; 
Amendment 39-13952; AD 2005-02-07]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain EMBRAER Model EMB-135BJ series airplanes. This AD requires 
modifying the electrical wiring for the ``stick pusher'' system. This 
AD is prompted by a report that the stick pushers are not being 
inhibited when the AP/PUSH/TRIM switches are activated, which can 
result in reduced controllability of the airplane if there is a system 
malfunction. We are issuing this AD to prevent reduced controllability 
of the airplane if the stick pusher system malfunctions.

DATES: This AD becomes effective March 7, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of March 
7, 2005.

ADDRESSES: For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 
12.225, Sao Jose dos Campos--SP, Brazil. You can examine this 
information 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.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, 
Washington, DC. This docket number is FAA-2004-19526; the directorate 
identifier for this docket is 2004-NM-140-AD.

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: The FAA proposed to amend 14 CFR Part 39 
with an AD for certain EMBRAER Model EMB-135BJ series airplanes. That 
action, published in the Federal Register on November 4, 2004 (69 FR 
64262), proposed to require modifying the electrical wiring for the 
``stick pusher'' system.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been submitted on the proposed 
AD or on the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                        Number of
                                        Work       Average                Cost per        U.S.-
               Action                   hours    labor rate     Parts     airplane     registered    Fleet cost
                                                  per hour                              airplanes
----------------------------------------------------------------------------------------------------------------
Modification........................        2           $65        $7          $137             7          $959
----------------------------------------------------------------------------------------------------------------

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 Findings

    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.
    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 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 regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

[[Page 4761]]

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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-02-07 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-13952. Docket No. FAA-2004-19526; Directorate 
Identifier 2004-NM-140-AD.

Effective Date

    (a) This AD becomes effective March 7, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ series airplanes, 
serial numbers 145462, 145495, 145505, 145528, 145625, 145637, and 
145642; certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a report that the stick pushers are 
not being inhibited when the AP/PUSH/TRIM switches are activated, 
which can result in reduced controllability of the airplane if there 
is a system malfunction. We are issuing this AD to prevent reduced 
controllability of the airplane if the stick pusher system 
malfunctions.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Modification of Electrical Wiring

    (f) Within 400 flight hours or 180 calendar days after the 
effective date of this AD, whichever is first: Modify the wiring for 
the stick pusher system by accomplishing all of the actions 
specified in the Accomplishment Instructions of EMBRAER Service 
Bulletin 145LEG-27-0009, dated March 1, 2004.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (h) Brazilian airworthiness directive 2004-04-02, dated May 6, 
2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (i) You must use EMBRAER Service Bulletin 145LEG-27-0009, dated 
March 1, 2004, to perform the actions that are required by this AD, 
unless the AD specifies otherwise. The Director of the Federal 
Register approves the incorporation by reference of this document in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For copies of the 
service information, contact Empresa Brasileira de Aeronautica S.A. 
(EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos Campos--SP, 
Brazil. For information on the availability of this material at the 
National Archives and Records Administration (NARA), call (202) 741-
6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html html. You 
may view the AD docket at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, 
Nassif Building, Washington, DC.

    Issued in Renton, Washington, on January 18, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-1515 Filed 1-28-05; 8:45 am]
BILLING CODE 4910-13-P

The complete text was extracted from the official GovInfo HTML edition for this publication. Acquired 2026-10-09T03:59:09.580572+00:00. Text extraction preserves the recorded source wording; it does not determine current requirements.

Open the captured official edition

Source SHA-256

9d10f91926e639616465d9283b6fab26797239b8fa2d8f52442a435d089e88c9

Text SHA-256

75b77d89d3e67529c52077c148efb2a795741845d36e12a3d3643572488ccaf5