Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 68773

Karl Schletzbaum, Aerospace Engineer, ACE–

112, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri, 64106; 

telephone: (816) 329–4146; facsimile: (816) 

329–4149. 

Is There Other Information That Relates to 

This Subject? 

(g) LBA Airworthiness Directive No. 2003–

272, dated October 7, 2003, and OMF Alert 

Service Bulletin 1107/0002, dated September 

16, 2003, pertain to the subject of this AD. 

Does This AD Incorporate Any Material by 

Reference? 

(h) You must do the actions required by 

this AD following the instructions in OMF 

Aircraft Alert Service Bulletin 1107/0002, 

dated September 16, 2003. The Director of 

the Federal Register approved the 

incorporation by reference of this service 

bulletin in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. To get a copy of this 

service information, contact 

Ostmecklenburgische Flugzeugbau GmbH, 

Flughafenstrasse, 17039 Trollenhagen, 

Federal Republic of Germany; telephone: 011 

49 395 42560–0; facsimile: 011 49 395 

42560–20. To review copies of this service 

information, go to the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, go to: http://

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html or call (202) 741–6030. To 

view the AD docket, go to the Docket 

Management Facility; U.S. Department of 

Transportation, 400 Seventh Street, SW., 

Nassif Building, Room PL–401, Washington, 

DC 20590–001 or on the Internet at http://

dms.dot.gov. The docket number is 2003–

CE–67–AD.

Issued in Kansas City, Missouri, on 

November 15, 2004. 

Scott L. Sedgwick, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–25789 Filed 11–24–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2002–NM–351–AD; Amendment 

39–13874; AD 2004–23–19] 

RIN 2120–AA64

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 and –145 

Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes 

an existing airworthiness directive (AD), 

applicable to certain EMBRAER Model 

EMB–135 and –45 series airplanes. The 

existing AD currently requires a onetime inspection to detect incorrect 

wiring of the electrical connectors to the 

pressure switches and cartridges on the 

fire extinguisher bottles for the engines 

and the auxiliary power unit (APU); 

disconnection and reconnection of the 

wiring, as necessary; and adjustment of 

the length of the harnesses on the fire 

extinguisher bottles to avoid future 

misconnections. This amendment 

requires additional adjustment of the 

length of the harnesses; installation of a 

color-coded identification system to 

avoid misconnections during 

maintenance; and a functional test of 

the engine fire extinguisher system. This 

amendment also expands the 

applicability of the existing AD to 

include additional airplanes. The 

actions specified by this AD are 

intended to prevent the issuance of 

erroneous commands or the receipt of 

erroneous information pertaining to the 

fire extinguisher system for the engines 

and the APU, which could result in the 

inability to put out a fire in an engine 

or in the APU. This action is intended 

to address the identified unsafe 

condition.

DATES: Effective January 3, 2005. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of January 3, 

2005. 

The incorporation by reference of 

EMBRAER Service Bulletin 145–26–

0009, dated January 26, 2001, as listed 

in the regulations, was approved 

previously by the Director of the Federal 

Register as of June 8, 2001 (66 FR 28646, 

May 24, 2001).

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Empresa Brasileira de Aeronautica 

S.A. (EMBRAER), P.O. 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) 

by superseding AD 2001–10–15, 

amendment 39–12241 (66 FR 28646, 

May 24, 2001), which is applicable to 

certain EMBRAER Model EMB–135 and 

–145 series airplanes, was published in 

the Federal Register on May 12, 2004 

(69 FR 26326). The action proposed to 

continue to require a one-time 

inspection to detect incorrect wiring of 

the electrical connectors to the pressure 

switches and cartridges on the fire 

extinguisher bottles for the engines and 

the auxiliary power unit (APU); 

disconnection and reconnection of the 

wiring, as necessary; and adjustment of 

the length of the harnesses on the fire 

extinguisher bottles to avoid future 

misconnections. The action also 

proposed to require additional 

adjustment of the length of the 

harnesses; installation of a color-coded 

identification system to avoid 

misconnections during maintenance; 

and a functional test of the engine fire 

extinguisher system. The action also 

proposed to expand the applicability of 

the existing AD to include additional 

airplanes. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. Due 

consideration has been given to the 

single comment received. 

Request To Extend Compliance Time 

for Modification 

One commenter, the airplane 

manufacturer, requests that we revise 

paragraph (c) of the proposed AD to 

extend the compliance time from 4,000 

to 5,000 flight hours for modifying the 

electrical harnesses and electrical 

connectors of the engine and APU fire 

extinguisher system. The commenter 

states that this would allow operators of 

affected airplanes to do the modification 

during a regularly scheduled 

maintenance visit. The commenter 

states that this extension would not 

compromise flight safety because the 

proposed AD would also require a 

general visual inspection to detect 

incorrect wiring of connectors. The 

compliance time for this general visual 

inspection is 100 flight hours after June 

8, 2001 (the effective date of AD 2001–

10–15) for airplanes subject to AD 2001–

10–15, and 100 flight hours after the 

effective date of this AD for airplanes 

added to the applicability of this AD. 

We do not concur. In consultation 

with the Departmento de Aviacao Civil, 

68774 Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 

which is the airworthiness authority for 

Brazil, we have determined that 

extending the compliance time for the 

modification is not appropriate, and 

would not adequately ensure continued 

flight safety. We have not revised this 

AD.

Explanation of Editorial Change to 

Final Rule 

We have revised paragraph (d) of this 

AD to correct typographical errors in 

two serial numbers. 

Conclusion 

After careful review of the available 

data, including the comment noted 

above, we have determined that air 

safety and the public interest require the 

adoption of the rule with the change 

described previously. We have 

determined that this change will neither 

increase the economic burden on any 

operator nor increase the scope of the 

AD. 

Cost Impact 

There are approximately 435 

airplanes of U.S. registry that will be 

affected by this AD. 

The actions that are currently 

required by AD 2001–10–15 and 

continue to be required by this AD take 

approximately 3 work hours per 

airplane, at an average labor rate of $65 

per work hour. Based on these figures, 

the cost impact of the currently required 

actions on U.S. operators is estimated to 

be $84,825, or $195 per airplane. 

The new actions that are required by 

this AD will take approximately 7 work 

hours per airplane, at an average labor 

rate of $65 per work hour. Required 

parts will cost approximately $93 per 

airplane. Based on these figures, the cost 

impact of the new requirements of this 

AD on U.S. operators is estimated to be 

$238,380, or $548 per airplane. 

The cost impact figures discussed 

above are 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

■ 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

■ 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. Section 39.13 is amended by 

removing amendment 39–12241 (66 FR 

28646, May 24, 2001), and by adding a 

new airworthiness directive (AD), 

amendment 39–13874, to read as 

follows:

2004–23–19 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER):

Amendment 39–13874. Docket 2002–

NM–351–AD. Supersedes AD 2001–10–

15, Amendment 39–12241.

Applicability: Model EMB–135 and –145 

series airplanes, as listed in EMBRAER 

Service Bulletin 145–26–0010, Change 03, 

dated August 28, 2002; certificated in any 

category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent the issuance of erroneous 

commands or the receipt of erroneous 

information pertaining to the fire 

extinguisher system for the engines and 

auxiliary power unit (APU), which could 

result in the inability to put out a fire in an 

engine or in the APU, accomplish the 

following: 

Restatement of the Requirements of AD 

2001–10–15

Inspection 

(a) For airplanes listed in EMBRAER 

Service Bulletin 145–26–0009, dated January 

26, 2001: Within 100 flight hours after June 

8, 2001 (the effective date of AD 2001–10–15, 

amendment 39–12241), perform a one-time 

general visual inspection to detect incorrect 

wiring of electrical connectors to the pressure 

switches and cartridges on the fire 

extinguisher bottles for the engines and the 

APU, in accordance with paragraph 3.D. of 

the Accomplishment Instructions of 

EMBRAER Service Bulletin 145–26–0009, 

dated January 26, 2001; or Change 01, dated 

June 25, 2001.

Note 1: For the purposes of this AD, a 

general visual inspection is defined as: ‘‘A 

visual examination of an interior or exterior 

area, installation, or assembly to detect 

obvious damage, failure, or irregularity. This 

level of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight, and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

(1) If the wiring connections are correct: 

Prior to further flight, adjust the length of the 

harnesses to the fire extinguisher bottles, in 

accordance with the service bulletin. 

(2) If the wiring connections are incorrect: 

Prior to further flight, re-connect them and 

adjust the length of the harnesses to the fire 

extinguisher bottles, in accordance with the 

service bulletin. 

New Requirements of This AD 

Inspection 

(b) For airplanes not subject to paragraph 

(a) of this AD: Within 100 flight hours after 

the effective date of this AD, perform a onetime general visual inspection to detect 

incorrect wiring of electrical connectors to 

the pressure switches and cartridges on the 

fire extinguisher bottles for the engines and 

the APU, in accordance with paragraph 3.D. 

of the Accomplishment Instructions of 

EMBRAER Service Bulletin 145–26–0009, 

Change 01, dated June 25, 2001. 

(1) If the wiring connections are correct: 

Prior to further flight, adjust the length of the 

harnesses to the fire extinguisher bottles, in 

accordance with the service bulletin. 

(2) If the wiring connections are incorrect: 

Prior to further flight, re-connect them and 

adjust the length of the harnesses to the fire 

extinguisher bottles, in accordance with the 

service bulletin. 

Modifications 

(c) For all airplanes: Within 4,000 flight 

hours after the effective date of this AD, 

modify the electrical harnesses and electrical 

connectors of the engine and APU fire 

extinguisher system, including installing 

identification sleeves and color-coded 

identification stickers, in accordance with 

the Accomplishment Instructions of 

EMBRAER Service Bulletin 145–26–0010, 

Change 03, dated August 28, 2002. 

Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 68775

Parts Installation 

(d) As of the effective date of this AD, no 

person may install on any airplane, engine 

fire extinguisher bottle part number (P/N) 

33600057–1 or P/N 33600057–5, serial 

number (S/N) 26916D1 through 42300D1 

inclusive; and APU fire extinguisher bottles 

P/N 30100050–1 or P/N 30100050–5, S/N 

30209A1 through S/N 38950A1, inclusive; 

unless color-coded stickers are installed in 

accordance with paragraph (c) of this AD. 

Actions Accomplished Per Previous Issues of 

the Service Bulletin 

(e) Actions accomplished prior to the 

effective date of this AD in accordance with 

EMBRAER Service Bulletin 145–26–0010, 

dated June 25, 2001; Change 01, dated 

January 3, 2002; or Change 02, dated June 5, 

2002; are considered acceptable for 

compliance with the corresponding actions 

specified in this AD. 

Alternative Methods of Compliance 

(f) 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 

(g) Unless otherwise specified in this AD, 

the actions shall be done in accordance with 

EMBRAER Service Bulletin 145–26–0009, 

dated January 26, 2001, or EMBRAER Service 

Bulletin 145–26–0009, Change 01, dated June 

25, 2001; and EMBRAER Service Bulletin 

145–26–0010, Change 03, dated August 28, 

2002; as applicable. 

(1) The incorporation by reference of 

EMBRAER Service Bulletin 145–26–0009, 

Change 01, dated June 25, 2001; and 

EMBRAER Service Bulletin 145–26–0010, 

Change 03, dated August 28, 2002; is 

approved by the Director of the Federal 

Register in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. EMBRAER Service 

Bulletin 145–26–0010, Change 03, dated 

August 28, 2002, contains the following 

effective pages:

Page number Change level shown on page Date shown on page 

1–3, 8 ................................................................. 03 ...................................................................... August 28, 2002. 

4–7, 9–24, 39–41 .............................................. Original ............................................................. June 25, 2001. 

25–38 ................................................................. 01 ...................................................................... January 3, 2002. 

(2) The incorporation by reference of 

EMBRAER Service Bulletin 145–26–0009, 

dated January 26, 2001, was approved 

previously by the Director of the Federal 

Register as of June 8, 2001 (66 FR 28646, May 

24, 2001). 

(3) 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 FAA, Transport Airplane 

Directorate, 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 2: The subject of this AD is addressed 

in Brazilian airworthiness directive 2001–09–

01R1, dated June 26, 2002.

Effective Date 

(h) This amendment becomes effective on 

January 3, 2005.

Issued in Renton, Washington, on 

November 10, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–25788 Filed 11–24–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–18809; Directorate 

Identifier 2004–NM–91–AD; Amendment 39–

13873; AD 2004–23–18] 

RIN 2120–AA64

Airworthiness Directives; Airbus Model 

A319, A320, and A321 Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Airbus Model A319, A320, and A321 

series airplanes. This AD requires 

revising the airplane flight manual 

(AFM) to prohibit operators from 

performing CAT 2 or CAT 3 automatic 

landings or roll-outs at certain airports. 

This AD also provides for an optional 

terminating action for the AFM revision. 

This AD is prompted by data showing 

that the magnetic variation table 

installed in the Honeywell inertial 

reference system (IRS) is obsolete at 

certain airports. We are issuing this AD 

to prevent the airplane from departing 

the runway during a CAT 2 or CAT 3 

automatic landing or roll-out, due to 

magnetic and IRS deviations.

DATES: This AD becomes effective 

January 3, 2005. 

The incorporation by reference of a 

certain publication listed in the AD is 

approved by the Director of the Federal 

Register as of January 3, 2005.

ADDRESSES: For service information 

identified in this AD, contact Airbus, 1 

Rond Point Maurice Bellonte, 31707 

Blagnac Cedex, France. 

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.

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: Tim Dulin, 

Aerospace Engineer, International 

Branch, ANM–116, FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2141; 

fax (425) 227–1149. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

Examining the 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 DOT street address stated in the 

ADDRESSES section.

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with