[Federal Register Volume 69, Number 174 (Thursday, September 9, 2004)]
[Proposed Rules]
[Pages 54596-54598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20402]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 69, No. 174 / Thursday, September 9, 2004 / 
Proposed Rules  

[[Page 54596]]



DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19050; Directorate Identifier 2004-NM-139-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).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all EMBRAER Model EMB-135 and -145 series airplanes. This proposed 
AD would 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. This proposed AD is 
prompted by reports that PSUs on two airplanes emitted smoke. We are 
proposing this AD to prevent failure of a PSU, which could result in 
smoke or fire in the airplane's passenger cabin.

DATES: We must receive comments on this proposed AD by October 12, 
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 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, [email protected].

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-2004-19050; 
Directorate Identifier 2004-NM-139-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 Web site, 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 Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified us that an unsafe condition may exist on 
all EMBRAER Model EMB-135 and -145 series airplanes. The DAC advises 
that passenger service units (PSUs) on two airplanes emitted smoke. The 
affected airplanes had not yet been delivered when the incidents 
occurred. Investigation revealed that the smoke was due to a failure on 
the printed circuit boards (PCBs) installed in the affected PSUs. The 
manufacturer has identified a batch of PCBs that are

[[Page 54597]]

subject to this failure. This condition, if not corrected, could result 
in failure of a PSU, which could result in smoke or fire in the 
airplane's passenger cabin.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145-25-0277, Change 02, dated 
June 28, 2004. The service bulletin describes procedures for doing a 
one-time inspection of each PSU in the passenger cabin and lavatory to 
determine the serial number of the PCB installed in the PSU, replacing 
the PCB with a new or serviceable PCB if necessary, and doing related 
investigative actions and other specified actions. The investigative 
actions comprise, for all PSUs, a one-time general operational test of 
all PSUs and a one-time individual operational test of each PSU on 
which you replace the PCB. The other specified actions comprise 
installing placards on all inspected PSUs. 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 2004-05-02, dated June 2, 
2004, to ensure the continued airworthiness of these airplanes in 
Brazil.
    The EMBRAER service bulletin 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 proposed 
actions. The EMBRAER service bulletin includes the C&D Aerospace 
service bulletin.

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 
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 us 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 you to do 
the actions in the service information described previously. The 
proposed AD would require you to use the service information described 
previously to perform these actions, except as discussed under 
``Differences Between the Proposed AD and EMBRAER Service Bulletin.''

Differences Between the Proposed AD and EMBRAER Service Bulletin

    Although the EMBRAER service bulletin specifies that PCBs with 
affected serial numbers must be returned to C&D Aerospace, this 
proposed AD would not require you to do that.

Costs of Compliance

    This proposed AD would affect about 539 airplanes of U.S. registry. 
The proposed actions would 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 proposed AD for U.S. operators is $105,105, or 
$195 per airplane.

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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2004-19050; Directorate Identifier 2004-NM-139-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by October 12, 2004.

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) 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 serial number (S/N) of the printed circuit board 
(PCB) installed in the PSU, 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

[[Page 54598]]

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.

    Issued in Renton, Washington, on August 31, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-20402 Filed 9-8-04; 8:45 am]
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