64262 Federal Register / Vol. 69, No. 213 / Thursday, November 4, 2004 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19526; Directorate 

Identifier 2004–NM–140–AD] 

RIN 2120–AA64

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135BJ Series 

Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain EMBRAER Model EMB–135BJ 

series airplanes. This proposed AD 

would require modifying the electrical 

wiring for the ‘‘stick pusher’’ system. 

This proposed 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 proposing this AD 

to prevent reduced controllability of the 

airplane if the stick pusher system 

malfunctions.

DATES: We must receive comments on 

this proposed AD by December 6, 2004.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• By fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed 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 the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street, 

SW., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: 

Technical information: 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. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION: 

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004–NM–

999–AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19526; Directorate Identifier 

2004–NM–140–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments submitted by the 

closing date and may amend the 

proposed AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http://

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of our docket 

website, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You can 

review the DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you can visit http://

dms.dot.gov.

We are reviewing the writing style we 

currently use in regulatory documents. 

We are interested in your comments on 

whether the style of this document is 

clear, and your suggestions to improve 

the clarity of our communications that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and http://

www.plainlanguage.gov.

Examining the Docket 

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 DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

Discussion 

The Departamento de Aviacao Civil 

(DAC), which is the airworthiness 

authority for Brazil, notified us that an 

unsafe condition may exist on certain 

EMBRAER Model EMB–135BJ series 

airplanes. The DAC advises that the 

‘‘stick pushers’’ are not inhibited when 

the AP/PUSH/TRIM switches are 

activated. The switches are installed on 

the control wheels for the pilot and copilot. The stick pushers are part of the 

stall protection system and are 

automatically activated when an 

airplane approaches a stall condition. If 

the stick pushers cannot be inhibited, 

the workload for the pilot and co-pilot 

is increased because they have to exert 

additional physical force against the 

control wheels to control the airplane. 

Malfunction of the stick pusher system 

could result in reduced controllability 

of the airplane. 

Relevant Service Information 

EMBRAER has issued Service Bulletin 

145LEG–27–0009, dated March 1, 2004. 

The service bulletin describes 

procedures for modifying the electrical 

wiring for the stick pusher system. 

Accomplishing the actions specified in 

the service information is intended to 

adequately address the unsafe 

condition. The DAC mandated the 

service information and issued Brazilian 

airworthiness directive 2004–04–02, 

dated May 6, 2004, to ensure the 

continued airworthiness of these 

airplanes in Brazil. 

FAA’s Determination and Requirements 

of the Proposed AD 

This airplane model is manufactured 

in Brazil and is type certificated for 

operation in the United States under the 

Federal Register / Vol. 69, No. 213 / Thursday, November 4, 2004 / Proposed Rules 64263

provisions of section 21.29 of the 

Federal Aviation Regulations (14 CFR 

21.29) and the applicable bilateral 

airworthiness agreement. According to 

this bilateral airworthiness agreement, 

the DAC has kept the FAA informed of 

the situation described above. We have 

examined the DAC’s findings, evaluated 

all pertinent information, and 

determined that we need to issue an AD 

for products of this type design that are 

certificated for operation in the United 

States. 

Therefore, we are proposing this AD, 

which would require modifying the 

electrical wiring for the stick pusher 

system. The proposed AD would require 

you to use the service information 

described previously to perform these 

actions. 

Costs of Compliance 

The following table provides the 

estimated costs for U.S. operators to 

comply with this proposed AD.

ESTIMATED COSTS

Action Work

hours 

Average

labor rate

per hour 

Parts Cost per

airplane 

Number

of U.S.-

registered

airplanes 

Fleet cost 

Modification ...................................................................... 2 $65 $7 $137 7 $959

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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 the proposed regulation: 

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 regulatory evaluation 

of the estimated costs to comply with 

this proposed 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, Safety.

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD):

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2004–

19526; Directorate Identifier 2004–NM–

140–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this AD action by 

December 6, 2004.

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.

Issued in Renton, Washington, on October 

21, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–24632 Filed 11–3–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19525; Directorate 

Identifier 2004–NM–18–AD] 

RIN 2120–AA64

Airworthiness Directives; Boeing 

Model 777–200, –200ER, and –300 

Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Boeing Model 777–200, –200ER, and 

–300 series airplanes. This proposed AD 

would require inspection of the outer 

cylinder of the main landing gear (MLG) 

to determine the serial number; an 

ultrasonic inspection of the outer 

cylinder of the MLG for cracks if 

necessary; and applicable specified and 

corrective actions if necessary. This 

proposed AD is prompted by reports 

indicating that two outer cylinders were 

found fractured in the weld area. We are 

proposing this AD to detect and correct 

cracks or defects that could result in a 

fracture of the outer cylinder of the