[Federal Register Volume 69, Number 236 (Thursday, December 9, 2004)]
[Rules and Regulations]
[Pages 71339-71340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26918]



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

[[Page 71339]]



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 
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 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, [email protected].

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

[[Page 71340]]

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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  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]
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