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.

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Rules and Regulations 71341

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Boeing Model 767–

300 and –400ER series airplanes, that 

requires replacing the tie rods for the 

waste tank cradle, related investigative 

actions, corrective actions, and special 

retrofit action if necessary. This action 

is necessary to prevent possible failure 

of the main deck floor stanchions and 

consequent collapse of the main floor 

during an emergency landing, which 

could result in passenger injury and 

impede passenger evacuation from the 

airplane. This action is intended to 

address the identified unsafe condition.

DATES: Effective January 13, 2005. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of January 13, 

2005.

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Boeing Commercial Airplanes, PO 

Box 3707, Seattle, Washington 98124–

2207. 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:

Susan Rosanske, Aerospace Engineer, 

Cabin Safety and Environmental 

Systems Branch, ANM–150S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6448; fax (425) 917–6590.

SUPPLEMENTARY INFORMATION: 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 Boeing 

Model 767–300 and –400ER series 

airplanes was published in the Federal 

Register on June 16, 2004 (69 FR 33597). 

That action proposed to require 

replacing the tie rods for the waste tank 

cradle, related investigative actions, 

corrective actions, and special retrofit 

action if necessary. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. Due 

consideration has been given to the 

comment received. 

Request To Revise ‘‘Parts Installation’’

Section 

One commenter requests that we 

revise paragraph (c) of the proposed AD 

from ‘‘* * * on any airplane’’ to ‘‘* * * 

on any airplane applicable for this AD.’’

The commenter requests this change in 

order for the paragraph to be consistent 

with the rest of the document and to 

avoid possible misinterpretation. 

We agree with the commenter’s 

request to revise paragraph (c) of the 

AD. All of the requirements stated in 

this AD are applicable only to the 

airplanes listed in the applicability 

statement. However, the phrasing of 

paragraph (c) in the proposed AD may 

confuse or mislead some operators. 

Therefore, we have revised paragraph 

(c) of this AD to clarify that the 

paragraph applies to any airplane ‘‘to 

which this AD applies.’’

Conclusion 

After careful review of the available 

data, including the comment noted 

above, the FAA has determined that air 

safety and the public interest require the 

adoption of the rule with the change 

previously described. The FAA has 

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 97 airplanes 

of the affected design in the worldwide 

fleet. The FAA estimates that 42 

airplanes of U.S. registry will be affected 

by this AD, that it will take 

approximately 2 work hours per 

airplane to accomplish the required 

actions, and that the average labor rate 

is $65 per work hour. Required parts 

will cost approximately $2,471 per 

airplane. Based on these figures, the cost 

impact of the AD on U.S. operators is 

estimated to be $109,242, or $2,601 per 

airplane. 

The cost impact figure discussed 

above is 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. The 

manufacturer may cover the cost of 

replacement parts associated with this 

AD, subject to warranty conditions. 

Manufacturer warranty remedies may 

also be available for labor costs 

associated with this AD. As a result, the 

costs attributable to the AD may be less 

than stated above. 

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 adding 

the following new airworthiness 

directive:

2004–25–10 Boeing: Amendment 39–13898. 

Docket 2004–NM–33–AD.

Applicability: Model 767–300 series 

airplanes, as listed in Boeing Alert Service 

Bulletin 767–38A0062, dated August 15, 

2002; and Model 767–400ER series airplanes, 

as listed in Boeing Alert Service Bulletin 

767–38A0063, dated August 15, 2002; 

certificated in any category.

71342 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Rules and Regulations 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent failure of the main deck floor 

stanchions and consequent collapse of the 

main floor during an emergency landing, 

which could result in passenger injury and 

impede passenger evacuation from the 

airplane, accomplish the following: 

Replacement and Related Investigative and 

Corrective Actions and Retrofit Action 

(a) Within 18 months after the effective 

date of this AD: Replace the four tie rods for 

the waste tank cradle with new tie rods and 

do all applicable related investigative 

actions, corrective actions, and special 

retrofit actions by accomplishing all the 

actions in the Accomplishment Instructions 

of Boeing Alert Service Bulletins 767–

38A0062 (for Model 767–300 series 

airplanes) and 767–38A0063 (for Model 767–

400ER series airplanes), both dated August 

15, 2002; as applicable. Do the actions in 

accordance with the applicable service 

bulletin except as provided by paragraph (b) 

of this AD. Accomplish any related 

investigative, corrective, or special retrofit 

action before further flight. 

(b) If any deformation, crack, or other 

damage is found during any related 

investigative action required by paragraph (a) 

of this AD, and the bulletin specifies 

contacting Boeing for appropriate action: 

Before further flight, perform the special 

retrofit action per a method approved by the 

Manager, Seattle Aircraft Certification Office 

(ACO), FAA. For a retrofit method to be 

approved by the Manager, Seattle ACO, as 

required by this paragraph, the Manager’s 

approval letter must specifically refer to this 

AD. 

Parts Installation 

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

person may install any tie rod for the waste 

tank cradle having part number 251T0100–

1401, 251T0100–1402, 251T0100–1403, or 

251T0100–1404, on any airplane to which 

this AD applies. 

Alternative Methods of Compliance 

(d) In accordance with 14 CFR 39.19, the 

Manager, Seattle ACO, FAA, is authorized to 

approve alternative methods of compliance 

(AMOCs) for this AD. 

Incorporation by Reference 

(e) Unless otherwise specified in this AD, 

the actions shall be done in accordance with 

Boeing Alert Service Bulletin 767–38A0062, 

dated August 15, 2002; and Boeing Alert 

Service Bulletin 767–38A0063, dated August 

15, 2002; as applicable. This incorporation by 

reference was approved by the Director of the 

Federal Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Copies may be 

obtained from Boeing Commercial Airplanes, 

PO Box 3707, Seattle, Washington 98124–

2207. 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.

Effective Date 

(f) This amendment becomes effective on 

January 13, 2005.

Issued in Renton, Washington, on 

November 30, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–26917 Filed 12–8–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19023; Directorate 

Identifier 2004–NM–123–AD; Amendment 

39–13899; AD 2004–25–11] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318, 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 A318, A319, A320, and 

A321 series airplanes. This AD requires 

removing two maintenance lights in the 

hydraulics bay, disconnecting the 

wiring for the lights, and modifying the 

switches. This AD is prompted by 

underlying safety issues involved in fuel 

tank explosions on several large 

transport airplanes. We are issuing this 

AD to prevent an ignition source for fuel 

vapor in the hydraulics bay, which 

could result in fire or explosion in the 

adjacent center wing fuel tank.

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 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 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: Dan Rodina, 

Aerospace Engineer, International 

Branch, ANM–116, FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2125; 

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 certain Airbus Model A318, 

A319, A320, and A321 series airplanes. 

The proposed AD was published in the 

Federal Register on September 7, 2004 

(69 FR 54055), to require removing two 

maintenance lights in the hydraulics 

bay, disconnecting the wiring for the 

lights, and modifying the switches. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments that have 

been submitted on the proposed AD. 

Request To Include a Terminating 

Action 

One commenter states that it has no 

objection to the proposed AD but 

requests that we revise the proposed AD 

to include a terminating action that 

includes installation of an explosionproof lighting system. 

We acknowledge the commenter’s 

request but do not concur. The 

commenter’s request did not include 

any technical information about an 

explosion-proof lighting system, nor did 

it describe the procedures associated 

with installing such a system. Further, 

we do not know of any service 

information at this time that provides 

procedures for installing this type of 

system. Once such service information 

is available and approved, we may 

consider approving a request for an 

alternative method of compliance