[Federal Register: September 9, 2004 (Volume 69, Number 174)]
[Proposed Rules]
[Page 54596-54598]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se04-16]
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Proposed Rules
Federal Register
________________________________________________________________________
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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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, marcia.walters@faa.gov.
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
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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
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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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