This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

71339

Vol. 69, No. 236

Thursday, December 9, 2004

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19767; Directorate 

Identifier 2004–NM–139–AD; Amendment 

39–13900; AD 2004–25–12] 

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: Final rule.

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

EMBRAER Model EMB–135 and –145 

series airplanes. This AD requires a onetime inspection of each passenger 

service unit (PSU) to determine the 

serial number of the printed circuit 

board (PCB) installed in each PSU, 

replacement of the PCB if necessary, 

related investigative actions, and other 

specified actions. This AD is prompted 

by reports that PSUs on two airplanes 

emitted smoke. We are issuing this AD 

to prevent failure of a PSU, which could 

result in smoke or fire in the airplane’s 

passenger cabin.

DATES: This AD becomes effective 

January 13, 2005. 

The incorporation by reference of 

certain publications listed in the AD is 

approved by the Director of the Federal 

Register as of January 13, 2005.

ADDRESSES: For service information 

identified in this AD, contact Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER), PO 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.

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: 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.

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 

an AD for all EMBRAER Model EMB–

135 and –145 series airplanes. The 

proposed AD was published in the 

Federal Register on September 9, 2004 

(69 FR 54596), to require a one-time 

inspection of each passenger service 

unit (PSU) to determine the serial 

number of the printed circuit board 

(PCB) installed in each PSU, 

replacement of the PCB if necessary, 

related investigative actions, and other 

specified actions. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the single comment that has 

been submitted on the proposed AD. 

Request To Limit Applicability 

The commenter requests that we limit 

the applicability to airplanes having 

serial numbers (S/Ns) up to and 

including 828. The commenter states 

that it has received information from the 

airplane manufacturer that the PSUs on 

airplanes having S/N 829 and 

subsequent will be inspected during 

production. 

We partially agree with the 

commenter’s request. We do not agree to 

revise the applicability statement of 

paragraph (a) of this AD. We note that 

paragraph (h) of this AD prohibits the 

installation of an affected part with an 

affected S/N. This prohibition should 

apply to all airplanes, including those 

with S/Ns 829 and subsequent, which 

will have been inspected in production. 

Therefore, the applicability statement of 

this AD continues to identify all 

EMBRAER Model EMB–135 and –145 

series airplanes, so that paragraph (h) 

will prohibit installing an affected part 

on all of these airplanes. However, we 

agree that airplanes that have been 

inspected during production do not 

need to be inspected as required by 

paragraph (f) of this AD. Therefore, we 

have revised paragraph (f) of this AD to 

apply only to airplanes having S/Ns 001 

through 828 inclusive. 

Conclusion 

We have carefully reviewed the 

available data, including the comment 

that has been submitted, and 

determined that air safety and the 

public interest require adopting the AD 

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. 

Costs of Compliance 

This AD affects about 539 airplanes of 

U.S. registry. The required actions take 

about 3 work hours per airplane, at an 

average labor rate of $65 per work hour. 

Based on these figures, the estimated 

cost of the AD for U.S. operators is 

$105,105, or $195 per airplane. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. 

This rulemaking is promulgated 

under the authority described in 

71340 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Rules and Regulations 

Subtitle VII, Part A, Subpart III, Section 

44701, ‘‘General requirements.’’ Under 

that section, the FAA is charged 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 AD. 

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

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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:

2004–25–12 Empresa Brasileira De 

Aeronautica S.A. (EMBRAER):

Amendment 39–13900. Docket No. 

FAA–2004–19767; Directorate Identifier 

2004–NM–139–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective January 13, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all EMBRAER Model 

EMB–135 and –145 series airplanes, 

certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by reports that 

passenger service units (PSUs) on two 

airplanes emitted smoke. We are issuing this 

AD to prevent failure of a PSU, which could 

result in smoke or fire in the airplane’s 

passenger cabin. 

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. 

One-Time Inspection 

(f) For airplanes having serial numbers

(S/Ns) 001 through 828 inclusive: Within 90 

days after the effective date of this AD, 

inspect each PSU in the passenger cabin and 

lavatory to determine the part number (P/N) 

and S/N of the printed circuit board (PCB) 

installed in the PSU, is in accordance with 

the Accomplishment Instructions of 

EMBRAER Service Bulletin 145–25–0277, 

Change 02, dated June 28, 2004. 

(1) If the PCB is not P/N 7277220–501 with 

S/N 2108 through 6008 inclusive: Before 

further flight, do the applicable related 

investigative actions and other specified 

actions in accordance with the 

Accomplishment Instructions of the service 

bulletin. No further action is required by this 

paragraph. 

(2) If the PCB is P/N 7277220–501 with

S/N 2108 through 6008 inclusive: Before 

further flight, replace the PCB with a new or 

serviceable PCB having a S/N that is not 

within the range of 2108 through 6008 

inclusive, and do the applicable related 

investigative actions and other specified 

actions, in accordance with the 

Accomplishment Instructions of the service 

bulletin.

Note 1: EMBRAER Service Bulletin 145–

25–0277, Change 02, refers to C&D Aerospace 

Service Bulletin 7130000–25–79, Revision 2, 

dated June 17, 2004, as an additional source 

of service information for doing the required 

inspection, replacement, and related 

investigative actions, as applicable. The 

EMBRAER service bulletin includes the C&D 

Aerospace service bulletin.

Actions Done Previously 

(g) Inspections, replacements, and related 

investigative actions done before the effective 

date of this AD in accordance with 

EMBRAER Service Bulletin 145–25–0277, 

dated October 22, 2003; or Change 01, dated 

November 28, 2003; are acceptable for 

compliance with the corresponding action 

required by this AD. 

Parts Installation 

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

person may install a PCB having P/N 

7277220–501 with S/N 2108 through 6008 

inclusive, on any PSU on any airplane. 

Returning Parts Not Required 

(i) Where EMBRAER Service Bulletin 145–

25–0277, Change 02, dated June 28, 2004, 

specifies to return any PCB with a subject

S/N to C&D Aerospace, this AD does not 

require that action. 

Alternative Methods of Compliance 

(AMOCs) 

(j) 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 

(k) Brazilian airworthiness directive 2004–

05–02, dated June 2, 2004, also addresses the 

subject of this AD. 

Material Incorporated by Reference 

(l) You must use EMBRAER Service 

Bulletin 145–25–0277, Change 02, dated June 

28, 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), PO 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. 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 

November 30, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–26918 Filed 12–8–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2004–NM–33–AD; Amendment 

39–13898; AD 2004–25–10] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767–300 and –400ER Series 

Airplanes

AGENCY: Federal Aviation 

Administration, DOT.