[Federal Register Volume 70, Number 239 (Wednesday, December 14, 2005)]
[Rules and Regulations]
[Pages 73933-73935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23899]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22525; Directorate Identifier 2005-NM-149-AD; 
Amendment 39-14410; AD 2005-25-17]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR 
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.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain EMBRAER airplanes listed above. This AD requires modifying the 
drain system of the auxiliary power unit (APU) by installing a scavenge 
pump and, for certain airplanes, replacing the APU exhaust assembly. 
This AD results from a report of fuel leaking from the APU feeding line 
and accumulating inside the APU compartment because the drain system is 
inadequate when the APU is running. We are issuing this AD to prevent 
fuel accumulation and subsequent flammable fuel vapors in the APU 
cowling, which, combined with an ignition source, could result in a 
fire or explosion.

DATES: This AD becomes effective January 18, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of January 18, 
2006.

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

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
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-135BJ, -135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-
145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. That 
NPRM was published in the Federal Register on September 29, 2005 (70 FR 
56858). That NPRM proposed to require modifying the drain system of the 
auxiliary power unit (APU) by installing a scavenge pump and, for 
certain airplanes, replacing the APU exhaust assembly.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We received no comments on the NPRM or on the 
determination of the cost to the public.

Changes to Proposed AD

    Since we issued the proposed AD, EMBRAER has revised Service 
Bulletin 145-49-0029, which was cited in the proposed AD as the 
appropriate source of service information for the modification on all 
but Model EMB-135BJ airplanes. The procedures in Revision 02, dated 
October 14, 2005, are essentially the same as those described in the 
original version. We have revised paragraph (f) in this AD accordingly.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD with the 
changes described previously.

Costs of Compliance

    This AD affects about 800 airplanes of U.S. registry. The pump 
installation takes about 15 work hours per airplane, at an average 
labor rate of $65 per work hour. Required parts cost about $1,768 or 
$1,967 per airplane. Based on these figures, the estimated cost of this 
action

[[Page 73934]]

for U.S. operators is $2,194,400-$2,353,600, or $2,743 or $2,942 per 
airplane.
    The number of airplanes subject to the APU exhaust assembly 
replacement is unknown. If accomplished, this action would take about 
6-7 work hours per airplane, at an average labor rate of $65 per work 
hour. Required parts would cost about $9,828 or $12,844 per airplane. 
Based on these figures, the estimated cost of this action for U.S. 
operators is $10,218-$13,299 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):

2005-25-17 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14410. Docket No. FAA-2005-22525; Directorate 
Identifier 2005-NM-149-AD.

Effective Date

    (a) This AD becomes effective January 18, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ, -135ER, -135KE, 
-135KL, and -135LR airplanes; and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes; certificated in any 
category; equipped with Model C-14 auxiliary power units (APUs); 
except those airplanes with serial numbers 14500927 and subsequent.

Unsafe Condition

    (d) This AD results from a report of fuel leaking from the APU 
feeding line and accumulating inside the APU compartment because the 
drain system is inadequate when the APU is running. We are issuing 
this AD to prevent fuel accumulation and subsequent flammable fuel 
vapors in the APU cowling, which, combined with an ignition source, 
could result in a fire or explosion.

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.

Installation of Scavenge Pump Drain

    (f) Within 5,000 flight hours after the effective date of this 
AD, modify the APU compartment drain system by installing a scavenge 
pump on it by doing all actions specified in the Accomplishment 
Instructions of EMBRAER Service Bulletin 145LEG-49-0006 (for Model 
EMB-135BJ airplanes), dated April 20, 2005; or 145-49-0029 (for all 
remaining airplanes), Revision 02, dated October 14, 2005. A 
modification before the effective date of this AD in accordance with 
EMBRAER Service Bulletin 145-49-0029, dated April 20, 2005; or 
Revision 01, dated July 13, 2005, is also acceptable for compliance 
with the requirements of this paragraph, as applicable.

Concurrent Requirements

    (g) For airplanes with an APU cowling part number 145-52979-401 
or 145-52979-403: Before or concurrently with the pump drain 
installation required by paragraph (f) of this AD, replace the APU 
exhaust assembly by doing all actions specified in the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-49-0023, 
Revision 01, dated April 25, 2005. Replacement before the effective 
date of this AD in accordance with EMBRAER Service Bulletin 145-49-
0023, dated November 23, 2004, is also acceptable for compliance 
with the requirements of this paragraph.

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 2005-08-05, effective 
September 6, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) To perform the actions that are required by this AD, unless 
the AD specifies otherwise, you must use the service bulletins 
identified in Table 1 of this AD, as applicable. 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. For 
a copy of this service information, contact Empresa Brasileira de 
Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos 
Campos--SP, Brazil. 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.

[[Page 73935]]



                                  Table 1.--Material Incorporated by Reference
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             Service bulletin                     Revision level                           Date
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EMBRAER Service Bulletin 14LEG-49-0006...  Original....................  April 20, 2005.
EMBRAER Service Bulletin 145-49-0029.....  02..........................  October 14, 2005.
EMBRAER Service Bulletin 145-49-0023.....  01..........................  April 25, 2005.
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    Issued in Renton, Washington, on December 2, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23899 Filed 12-13-05; 8:45 am]
BILLING CODE 4910-13-P