AD 2004-01-12

Effective February 13, 2004.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of February 13, 2004.

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 Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

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.

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-135 and -145 series airplanes was published as a supplemental NPRM in the Federal Register on September 8, 2003 (68 FR 52865). The supplemental NPRM proposed to require operators to inspect the pitot-true air temperature (TAT) relays and the full authority digital engine control (FADEC) electronic interface resistor modules to detect contamination. The supplemental NPRM also proposed to require operators to perform corrective action if necessary, clean the relay/connector pins and sockets, modify the seal between the cockpit console panels and the storm window, and/or install a new protective frame (protective sheets) at the cockpit relay supports.

The supplemental NPRM identified Change 03 of EMBRAER Service Bulletin 145-30-0032 as the appropriate source of service information for the inspection and modification. EMBRAER has since revised the service bulletin; however, Change 04, issued August 11, 2003, adds no new actions. The Departmento de Aviacao Civil (DAC), which is the airworthiness authority for Brazil, approved Change 04 of the service bulletin.

Paragraph (d) of the supplemental NPRM proposed to give credit for the protective sheet installation if already done in accordance with Change 06 of EMBRAER Service Bulletin 145-25-0211. EMBRAER has since revised this service bulletin; however, Change 07, issued August 11, 2003, adds no new actions. In fact, EMBRAER considers that all versions, through Change 07, of this service bulletin accomplish the same work; i.e., subsequent versions to date have introduced no new actions. The DAC has approved all revisions of this service bulletin through Change 07.

Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments on the supplemental NPRM.

One commenter requests that paragraphs (c) and (d) of the supplemental NPRM be revised to include the recently issued Change 04 of Service Bulletin 145-30-0032 as a compliance option.

The FAA agrees, and considers Change 04 the primary source of service information for those requirements in this final rule. So that all operators are subject to the same, current requirements, paragraphs (c) and (d) of this AD require Change 04 of Service Bulletin 145-30-0032. In addition, paragraph (a) has been revised in this final rule to require Change 04 of this service bulletin. And new paragraph (e) has been added to this final rule to credit the prior accomplishment of actions done in accordance with earlier service bulletin versions.

This same commenter requests that all versions of Service Bulletin 145-25-0211, through Change 06, be allowed for credit for paragraphs (c) and (d) of the supplemental NPRM. The commenter states that all of its airplanes have been modified in accordance with earlier revision levels of that service bulletin.

We agree with the request. As stated earlier, there are no essential differences among the revisions of this service bulletin. New paragraph (e) in this final rule provides credit accordingly. Change 07, issued since we received the comment, is also included.

The commenter notes that, when an AD cites a service bulletin that is later revised, an operator must request an alternative method of compliance (AMOC) to take credit for having used an earlier version or to use a later version of the specified service bulletin. The commenter therefore requests that paragraphs (a) and (c) of the supplemental NPRM be revised to allow the original issue of Service Bulletin 145-30-0032, dated January 26, 2001, as well as any future revisions that have only minor changes. The commenter suggests that such a provision would reduce the requests for AMOCs.

We do not agree with the request. We find that the procedures specified in the original issue and Revision 01 of Service Bulletin 145-30-0032 may not adequately address the identified unsafe condition. In addition, allowing “later FAA-approved revisions” of a service bulletin in addition to an AD's specified version, would violate Office of the Federal Register (OFR) regulations for approving materials that are incorporated by reference. We must either publish the contents of the service bulletin as part of the text of the AD; or submit the service bulletin to the OFR for approval as “referenced” material, allowing us to simply refer to such material in the AD. To allow operators to use a revision issued after the AD was published, either we must revise the AD to refer to the specific revision, or, as the commenter notes, an operator must request an AMOC to use a later revision.

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

We estimate that 365 airplanes of U.S. registry will be affected by this AD. The following table provides the cost estimates for each requirement.

The cost impact figures discussed above are based on assumptions that no operator has yet accomplished any of the requirements of this AD, 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.

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.

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:

1. The authority citation for part 39 continues to read as follows:

2. Section 39.13 is amended by adding the following new airworthiness directive: