[Federal Register Volume 70, Number 223 (Monday, November 21, 2005)]
[Rules and Regulations]
[Pages 70044-70046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22792]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22256; Directorate Identifier 2005-NM-113-AD; 
Amendment 39-14378; AD 2005-23-20]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 Airplanes, and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain EMBRAER Model EMB-135 airplanes, and Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This AD requires 
modification of the upper frame of the firewall for the auxiliary power 
unit (APU). This AD results from the discovery of a hole in the upper 
frame of the firewall for the APU. 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. If the APU compartment is not isolated, smoke 
could enter the passenger cabin in the event of an APU fire.

DATES: This AD becomes effective December 27, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of December 27, 
2005.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
room PL-401, Washington, DC.
    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 AD.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain EMBRAER Model 
EMB-135 airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes. That NPRM was published in the Federal 
Register on September 1, 2005 (70 FR 52040). That NPRM proposed to 
require modification of the upper frame of the firewall for the 
auxiliary power unit (APU).

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Reference Latest Revision of EMBRAER Service Bulletins

    One commenter, the manufacturer, requests that the NPRM be revised 
to reference EMBRAER Service Bulletin 145LEG-53-0020, Revision 01, 
dated September 21, 2005; and EMBRAER Service Bulletin 145-53-0057, 
Revision 01, dated September 20, 2005

[[Page 70045]]

(EMBRAER Service Bulletin 145LEG-53-0020, dated November 30, 2004; and 
EMBRAER Service Bulletin 145-53-0057, dated November 30, 2004; are 
referenced as the appropriate sources of service information for doing 
the actions specified in the NPRM). The same commenter also requests 
that EMBRAER Service Bulletin 145LEG-53-0020, dated November 30, 2004; 
and EMBRAER Service Bulletin 145-53-0057, dated November 30, 2004; be 
considered acceptable for compliance with the NPRM if done before the 
effective date of the AD.
    We agree with the commenter. The procedures in Revision 01 of 
EMBRAER Service Bulletin 145LEG-53-0020 are essentially the same as 
those in the original issue of the service bulletin. Revision 01 was 
issued to revise the rivet installation figure. The procedures in 
Revision 01 of EMBRAER Service Bulletin 145-53-0057 are essentially the 
same as those in the original issue of that service bulletin. Revision 
01 was issued to revise the rivet installation figure. Revision 01 was 
also issued to revise the effectivity of the service bulletin by 
removing 15 airplanes. These airplanes have an APU bleed valve support 
that covers the hole in the upper frame of the firewall for the APU; 
therefore these airplanes are not affected by the unsafe condition 
addressed by this AD.
    We have revised the final rule to reference EMBRAER Service 
Bulletin 145LEG-53-0020, Revision 01, dated September 21, 2005; and 
EMBRAER Service Bulletin 145-53-0057, Revision 01, dated September 20, 
2005. We have also added a new paragraph (g) to this AD to state that 
actions accomplished before the effective date of the AD according to 
the previous issues of the service bulletins are acceptable for 
compliance with the corresponding requirements of this AD.

Request To Revise Paragraph (d)

    The same commenter requests that we revise the unsafe condition 
specified in paragraph (d) of the NPRM. The commenter states that ``the 
modification intends to isolate APU compartment from the remaining of 
the aircraft and comply with the firewall sealing requirement, not only 
prevent smoke from entering the passenger cabin in consequence of a 
fire in the APU compartment.'' The commenter suggests using the 
following wording: ``We are issuing this AD to rework the APU firewall 
and ensure it will perform adequately its intended function of isolate 
[sic] the APU compartment from the remaining of the aircraft in the 
event of a fire in the APU compartment.''
    We agree with the commenter that this AD is intended to ensure that 
the APU compartment is isolated from the rest of the airplane in the 
event of an APU fire. If the APU compartment is not isolated, smoke 
could enter the passenger cabin. We have revised the unsafe condition 
specified in the Summary section and paragraph (d) of this AD.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD will affect about 620 airplanes of U.S. registry. The 
actions will take about 1 work hour per airplane, at an average labor 
rate of $65 per work hour. Based on these figures, the estimated cost 
of this AD for U.S. operators is $40,300, or $65 per airplane.

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 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 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-23-20 Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-14378. Docket No. FAA-2005-22256; Directorate 
Identifier 2005-NM-113-AD.

Effective Date

    (a) This AD becomes effective December 27, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ airplanes, as 
identified in EMBRAER Service Bulletin 145LEG-53-0020, Revision 01, 
dated September 21, 2005; and Model EMB-135ER, -135KE, -135KL, and -
135LR airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -145XR, 
-145MP, and -145EP airplanes, as identified in EMBRAER Service 
Bulletin 145-53-0057, Revision 01, dated September 20, 2005; 
certificated in any category.

[[Page 70046]]

Unsafe Condition

    (d) This AD results from the discovery of a hole in the upper 
frame of the firewall for the auxiliary power unit (APU). 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. If the APU 
compartment is not isolated, smoke could enter the passenger cabin 
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.

Modification

    (f) Within 2,500 flight hours or 365 days after the effective 
date of this AD, whichever occurs later, modify the APU firewall 
upper frame, part number 145-51249-001 or 120-10731-001, in 
accordance with the Accomplishment Instructions of EMBRAER Service 
Bulletin 145LEG-53-0020, Revision 01, dated September 21, 2005 (for 
Model EMB-135BJ airplanes); or EMBRAER Service Bulletin 145-53-0057, 
Revision 01, dated September 20, 2005 (for Model EMB-135ER, -135KE, 
-135KL, and -135LR airplanes; and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes); as applicable.

Modifications Accomplished According to Previous Issue of Service 
Bulletins

    (g) Modifications accomplished before the effective date of this 
AD according to EMBRAER Service Bulletin 145LEG-53-0020, dated 
November 30, 2004; and EMBRAER Service Bulletin 145-53-0057, dated 
November 30, 2004; are considered acceptable for compliance with the 
corresponding action specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(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

    (i) Brazilian airworthiness directive 2005-04-03, dated April 
30, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) You must use EMBRAER Service Bulletin 145LEG-53-0020, 
Revision 01, dated September 21, 2005; or EMBRAER Service Bulletin 
145-53-0057, Revision 01, dated September 20, 2005; as applicable, 
to perform the actions that are required by this AD, unless the AD 
specifies otherwise. The Director of the Federal Register approved 
the incorporation by reference of these documents in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Contact Empresa Brasileira de 
Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos 
Campos-SP, Brazil, for a copy of this service information. You may 
review copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on November 9, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-22792 Filed 11-18-05; 8:45 am]
BILLING CODE 4910-13-P