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, 70044-70046 [05-22792]

Download as PDF 70044 Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Rules and Regulations TABLE 1.—ACCEPTABLE BOEING SERVICE BULLETINS Boeing— Revision level— Service Bulletin 767–25–0078 ............................................................................... Service Bulletin 767–25–0078 ............................................................................... Service Bulletin 767–25–0078 (see paragraph (h) of this AD) ............................. Special Attention Service Bulletin 767–25–0078 ................................................... Original .................................................. 1 ............................................................ 2 ............................................................ 3 ............................................................ (h) Boeing Special Attention Service Bulletin 767–25–0078, Revision 2, dated March 16, 1989, allows for replacement of the hinge assemblies on an attrition basis (replacing the existing hinge assembly when it is broken or worn beyond functionality with a new hinge assembly). For this reason, airplanes that have been modified in accordance with Boeing Special Attention Service Bulletin 767–25–0078, Revision 2, dated March 16, 1989, may still have some hinge assemblies that have not been replaced or reworked per the service bulletin. In such cases, this AD requires that all applicable hinge assemblies be replaced and reworked within the compliance time specified in paragraph (f) of this AD. Parts Installation (i) As of the effective date of this AD, no one may install a hinge assembly in the outboard overhead stowage bins, having part number 413T1017–( ) on any airplane to which this AD applies. Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, Seattle ACO, 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 § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Material Incorporated by Reference (k) You must use Boeing Special Attention Service Bulletin 767–25–0078, Revision 4, dated June 10, 2004, 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 this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207, 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. VerDate Aug<31>2005 16:13 Nov 18, 2005 Jkt 208001 Issued in Renton, Washington, on October 20, 2005. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–22791 Filed 11–18–05; 8:45 am] BILLING CODE 4910–13–P 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 Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: 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, PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 Dated— June 25, 1987. May 19, 1988. March 16, 1989. July 12, 2001. 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 E:\FR\FM\21NOR1.SGM 21NOR1 Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Rules and Regulations (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.’’ VerDate Aug<31>2005 16:13 Nov 18, 2005 Jkt 208001 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 70045 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 Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: I PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): I 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. E:\FR\FM\21NOR1.SGM 21NOR1 70046 Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Rules and Regulations 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 § 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), VerDate Aug<31>2005 16:13 Nov 18, 2005 Jkt 208001 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 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 556 and 558 New Animal Drugs; Florfenicol AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a new animal drug application (NADA) filed by ScheringPlough Animal Health Corp. The NADA provides for the use of florfenicol by veterinary feed directive in catfish feed for the control of mortality due to enteric septicemia of catfish. DATES: This rule is effective November 21, 2005. FOR FURTHER INFORMATION CONTACT: Joan C. Gotthardt, Center for Veterinary Medicine (HFV–130), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301–827–7571, email: joan.gotthardt@fda.gov. SUPPLEMENTARY INFORMATION: ScheringPlough Animal Health Corp., 1095 Morris Ave., Union, NJ 07083, filed NADA 141–246 that provides for use of AQUAFLOR (florfenicol) Type A medicated article by veterinary feed directive to formulate Type C medicated feeds for the control of mortality due to enteric septicemia of catfish associated with Edwardsiella ictaluri. The NADA is approved as of October 24, 2005, and the regulations are amended in 21 CFR 556.283 and in part 558 (21 CFR part 558) by revising § 558.4 and by adding new § 558.261 to reflect the approval. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 The basis of approval is discussed in the freedom of information summary. In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. Under section 573(c) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 360ccc-2), this approval qualifies for 7 years of exclusive marketing rights beginning October 24, 2005, because the new animal drug has been declared a designated new animal drug by FDA under section 573(a) of the act. The agency has carefully considered the potential environmental impact of this action and has concluded that the action will not have a significant impact on the human environment and that an environmental impact statement is not required. FDA’s finding of no significant impact and the evidence supporting that finding, contained in an environmental assessment, may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. This rule does not meet the definition of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because it is a rule of ‘‘particular applicability.’’ Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801–808. List of Subjects 21 CFR Part 556 Animal drugs, Foods. 21 CFR Part 558 Animal drugs, Animal feeds. I Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR parts 556 and 558 are amended as follows: PART 556—TOLERANCES FOR RESIDUES OF NEW ANIMAL DRUGS IN FOOD 1. The authority citation for 21 CFR part 556 continues to read as follows: I Authority: 21 U.S.C. 342, 360b, 371. 2. Add paragraphs (b)(3) and (c) in § 556.283 to read as follows: I § 556.283 Florfenicol. * * E:\FR\FM\21NOR1.SGM * 21NOR1 * *

Agencies

[Federal Register Volume 70, Number 223 (Monday, November 21, 2005)]
[Rules and Regulations]
[Pages 70044-70046]
From the Federal Register Online via the Government Printing 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