68270 Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Proposed Rules 

related investigative and corrective actions, 

in accordance with the Accomplishment 

Instructions of Boeing Service Bulletin 737–

57–1275, dated September 4, 2003, except as 

provided by paragraph (g) of this AD. 

(1) For airplanes modified by 

Supplemental Type Certificate (STC) 

ST00830SE as of the effective date of this AD: 

Prior to the accumulation of 25,000 total 

flight hours or 25,000 total flight cycles, 

whichever is first. 

(2) For airplanes not modified by STC 

ST00830SE as of the effective date of this AD: 

Prior to the accumulation of 30,000 total 

flight hours or 30,000 total flight cycles, 

whichever is first. 

(g) If accomplishing a corrective action as 

required by paragraph (f) of this AD, and the 

service bulletin specifies to contact Boeing 

for repair information: Before further flight, 

do the repair in accordance with a method 

approved by the Manager, Seattle Aircraft 

Certification Office (ACO), FAA; or in 

accordance with data meeting the type 

certification basis of the airplane approved 

by a Boeing Company Designated 

Engineering Representative (DER) who has 

been authorized by the Manager, Seattle 

ACO, to make such findings. For a repair 

method to be approved, the approval must 

specifically reference this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Seattle ACO, FAA, has 

the authority to approve AMOCs for this AD, 

if requested using the procedures found in 14 

CFR 39.19. 

(2) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by a 

Boeing Company DER who has been 

authorized by the Manager, Seattle ACO, to 

make such findings. For a repair method to 

be approved, the approval must specifically 

refer to this AD.

Issued in Renton, Washington, on 

November 10, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–26031 Filed 11–23–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19676; Directorate 

Identifier 2004–NM–138–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 and –145 

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–135 and 

–145 series airplanes. This proposed AD 

would require determining the torque 

values of the screws that attach the seat 

tracks to the airplane, and corrective 

action if necessary. This proposed AD is 

prompted by a report of undertorqued 

screws. We are proposing this AD to 

prevent improper torque of those 

screws, which in the case of a hard 

landing or a high deceleration impact 

condition could result in damage to the 

seat and possible subsequent injury to 

the passenger.

DATES: We must receive comments on 

this proposed AD by December 27, 

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–

2004–19676; Directorate Identifier 

2004–NM–138–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 

Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Proposed Rules 68271

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

Discussion 

The Departmento de Aviacao Civil 

(DAC), which is the airworthiness 

authority for Brazil, notified us that an 

unsafe condition may exist on certain 

EMBRAER Model EMB–135 and –145 

series airplanes. The DAC advises that 

some screws that attach the passenger 

seat tracks had been undertorqued 

during manufacture. This condition, if 

not corrected, could result in damage to 

the seat and possible subsequent injury 

to the passenger. 

Relevant Service Information 

EMBRAER has issued Service 

Bulletins 145LEG–53–0015 (for Model 

EMB–135 BJ series airplanes) and 145–

53–0049 (for Model EMB–135 and –145 

series airplanes), both dated February 

16, 2004. The service bulletins describe 

procedures for inspecting for proper 

torque of the screws that attach the seat 

tracks to the airplane, retorquing the 

screws if necessary, and applying torque 

seal. 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–

05–03, dated June 2, 2004, to ensure the 

continued airworthiness of these 

airplanes in Brazil.

FAA’s Determination and Requirements 

of the Proposed AD 

These airplane models are 

manufactured in Brazil and are type 

certificated for operation in the United 

States under the provisions of § 21.29 of 

the Federal Aviation Regulations (14 

CFR 21.29) and the applicable bilateral 

airworthiness agreement. Pursuant 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 accomplishing the 

actions specified in the service 

information described previously. 

Costs of Compliance 

The following table provides the 

estimated costs for U.S. operators to 

comply with this proposed AD.

ESTIMATED COSTS

Airplane(s) Work hours Average labor 

rate/hour Parts Cost/airplane 

EMB–135 BJ ................................................................................................. 24 $65 Minimal ............. $1,560 

Others ........................................................................................................... 28 65 Minimal ............. 1,820 

The cost for the U.S. fleet of 539 

airplanes would be $840,840 to 

$980,980, depending on the airplane 

model. 

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–

19676; Directorate Identifier 2004–NM–

138–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this AD action by 

December 27, 2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

EMB–135 and –145 series airplanes, 

certificated in any category; as listed in 

EMBRAER Service Bulletin 145LEG–53–0015 

or 145–53–0049, both dated February 16, 

2004. 

Unsafe Condition 

(d) This AD was prompted by a report 

indicating that some screws that attach the 

passenger seat tracks were undertorqued. We 

are issuing this AD to prevent improper 

torque of those screws, which in the case of 

a hard landing or a high deceleration impact 

condition could result in damage to the seat 

and possible subsequent injury to the 

passenger. 

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. 

Inspection 

(f) Within 5,000 flight hours or 36 months 

after the effective date of this AD, whichever 

occurst first, determine the torque values of 

the screws that attach the seat tracks to the 

airplane. Use EMBRAER Service Bulletin 

145LEG–53–0015 (for Model EMB–135 BJ 

series airplanes) or 145–53–0049 (for the 

remaining affected airplanes), both dated 

February 16, 2004, to do the inspection. 

Before further flight, retorque any screw 

having improper torque and apply torque 

seal to all the screws, in accordance with the 

service bulletin. 

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. 

68272 Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Proposed Rules 

Related Information 

(h) Brazilian airworthiness directive 2004–

05–03, dated June 2, 2004, also addresses the 

subject of this AD.

Issued in Renton, Washington, on 

November 10, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–26030 Filed 11–23–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19680; Directorate 

Identifier 2003–NM–215–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767 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 Boeing Model 767 series 

airplanes. This proposed AD would 

require performing a test of the bonding 

resistance between the engine fuel feed 

tube fitting and the front spar, applying 

sealant on a hex nut inside the dry bay, 

and performing any applicable 

corrective actions. This proposed AD is 

prompted by a report that the engine 

fuel feed tubes were found not 

electrically bonded to the front spar. We 

are proposing this AD to prevent an 

ignition source from entering the fuel 

tank during a lightning strike event, 

which could cause a fuel tank 

explosion.

DATES: We must receive comments on 

this proposed AD by January 10, 2005.

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 Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207. 

You can examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or 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: Bernie Gonzalez, 

Aerospace Engineer, Propulsion Branch, 

ANM–140S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue, 

SW., Renton, Washington 98055–4056; 

telephone (425) 917–6498; fax (425) 

917–6590. 

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 written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19680; Directorate Identifier 

2003–NM–215–AD’’ in the subject line 

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 that 

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 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 in 

person at the Docket Management 

Facility office between 9:00 a.m. and 

5:00 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 

We have received a report that, during 

electrical bonding and grounding tests 

of penetrations on the wing fuel tanks 

of Boeing Model 747 series airplanes, 

the feed tubes for the engine fuel were 

found not electrically bonded to the 

front spar. The same condition was 

found on Model 767 series airplanes; 

Model 737–100, –200, –200C, –300, 

–400, and –500 series airplanes; and 

Model 707 series airplanes. This 

condition, if not corrected, could result 

in an ignition source entering the fuel 

tank during a lightning strike event, 

which could cause a fuel tank 

explosion. 

Other Relevant Rulemaking 

We previously issued AD 2004–10–

06, amendment 39–13636 (69 FR 28046, 

May 18, 2004), applicable to Model 747 

series airplanes; Model 737–100, –200, 

–200C, –300, –400, and –500 series 

airplanes; and Model 727–100, and –200 

series airplanes. That AD was issued to 

ensure that the similar unsafe condition 

(hydraulic heat exchanger tube 

penetration fittings were found not 

electrically bonded to the fuel tank rear 

spar) was repaired. That AD requires, 

among other things, preparation of the 

electrical bonding faying surfaces for the 

tubing penetrations of the hydraulic