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]
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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 https://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 https://
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 https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street,
PO 00000
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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
https://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
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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
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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.
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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 https://
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 https://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.
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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.
*
*
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*
]]>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 https://
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 https://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 https://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 https://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
