[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Proposed Rules]
[Pages 67948-67949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22304]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22871; Directorate Identifier 2005-NM-191-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain EMBRAER Model EMB-120, -120ER, -120FC, -120QC, and -120RT 
airplanes. This proposed AD would require installing a rivet and washer 
in the hole of the upper frame of the auxiliary power unit (APU) 
firewall. This proposed AD results from a report indicating that, 
during production, a pinhole was left open at the upper frame of the 
APU firewall. We are proposing this AD to ensure that the APU 
compartment is isolated from the rest of the airplane in the event of 
an APU fire.

DATES: We must receive comments on this proposed AD by December 9, 
2005.

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.
     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.
    Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 
343-CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service 
information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION: 

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 in the ADDRESSES section. Include the docket number ``FAA-2005-
22871; Directorate Identifier 2005-NM-191-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 received 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 
that 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 may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may 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 Docket Management System 
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 
certain EMBRAER Model EMB-120, -120ER, -120FC, -120QC, and -120RT 
airplanes. The DAC advises that a pinhole used for the manufacturing 
process was left open. The hole was at the upper frame of the auxiliary 
power unit (APU) firewall. To meet the sealing requirements for the 
firewall, a rivet and stainless steel washer must be installed. In the 
event of an APU fire, a hole in the firewall would not isolate the APU 
compartment from the rest of the airplane.

Relevant Service Information

    EMBRAER has issued Service Bulletin 120-53-0080, dated November 30, 
2004. The service bulletin describes procedures for installing a rivet 
and stainless steel washer in the hole of the upper frame of the APU 
firewall. 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 2005-08-03, dated September 5, 2005, to ensure the continued 
airworthiness of these airplanes in Brazil.

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. Pursuant to this 
bilateral airworthiness agreement, the DAC has kept the FAA 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 airplanes of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed below.

Differences Between the Proposed AD and the Brazilian Airworthiness 
Directive

    The Brazilian airworthiness directive applies to ``all Embraer EMB-
120( ) aircraft models in operation.'' However, this proposed AD would 
apply only to the airplanes with the serial numbers identified in the 
EMBRAER service bulletin. Airplanes not identified receive an 
equivalent modification during production.

[[Page 67949]]

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
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                                                                                                                         Number of  U.S.-
                  Action                     Work hours    Average labor               Parts                Cost per        registered       Fleet cost
                                                           rate per hour                                    airplane         airplanes
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Rivet installation........................            1              $65   Operator-supplied............          $65                 108        $7,020
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA 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 
rulemaking action.

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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-22871; Directorate Identifier 2005-NM-191-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by December 
9, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-120, -120ER, -120FC, -
120QC, and -120RT airplanes, certificated in any category; as 
identified in EMBRAER Service Bulletin 120-53-0080, dated November 
30, 2004.

Unsafe Condition

    (d) This AD results from a report indicating that, during 
production, a pinhole was left open at the upper frame of the 
auxiliary power unit (APU) firewall. We are issuing this AD to 
ensure that the APU compartment is isolated from the rest of the 
airplane in the event of an APU fire.

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.

Rivet Installation

    (f) Within 4,000 flight hours or 24 months, whichever occurs 
first after the effective date of this AD: Install a rivet and 
washer in the hole of the upper frame of the APU firewall, in 
accordance with EMBRAER Service Bulletin 120-53-0080, dated November 
30, 2004.

Alternative Methods of Compliance (AMOCs)

    (g)(1) 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (h) Brazilian airworthiness directive 2005-08-03, dated 
September 5, 2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on October 26, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-22304 Filed 11-8-05; 8:45 am]
BILLING CODE 4910-13-U