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, 70707-70711 [05-22972]

Download as PDF Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 7(k)(2) of the Small Business Act, the General Counsel, or designee, must make the final conflict of interest determination. No Gift shall be solicited and/or accepted under these sections of the Small Business Act if such solicitation and/or acceptance would, in the determination of the General Counsel (or designee), create a conflict of interest. (b) For Gifts of services and facilities solicited and/or accepted under section 5(b)(9), the conflict of interest determination may be made by designated disaster legal counsel. § 106.503 Are there types of Gifts which SBA may not solicit and/or accept? Yes. SBA shall not solicit and/or accept Gifts of or for (or use cash Gifts to purchase or engage in) the following: (a) Alcohol products; (b) Tobacco products; (c) Pornographic or sexually explicit objects or services; (d) Gambling (including raffles and lotteries); (e) Parties primarily for the benefit of Government employees; and (f) Any other product or service prohibited by law or policy. Dated: November 16, 2005. Hector V. Barreto, Administrator. [FR Doc. 05–23126 Filed 11–22–05; 8:45 am] BILLING CODE 8025–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–20011; Directorate Identifier 2003–NM–22–AD; Amendment 39– 14382; AD 2005–24–02] 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 superseding an existing airworthiness directive (AD), which applies to certain EMBRAER Model EMB–135 airplanes and Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. That AD currently requires revising the airplane flight manual VerDate Aug<31>2005 15:18 Nov 22, 2005 Jkt 208001 (AFM) to prohibit in-flight auxiliary power unit (APU) starts, and installing a placard on or near the APU start/stop switch panel to provide such instructions to the flightcrew. This new AD adds an optional revision to the AFM that allows limited APU starts and adds a terminating action. This AD results from the airplane manufacturer developing modifications that revise or eliminate the need for restrictions to inflight APU starts. We are issuing this AD to prevent flame backflow into the APU compartment through the eductor during in-flight APU starts, which could result in fire in the APU compartment. DATES: This AD becomes effective December 28, 2005. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of December 28, 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 supersedes AD 2001–10–01, amendment 39–12226 (66 FR 24049, May 11, 2001), for certain EMBRAER Model EMB–135 and EMB–145 series airplanes. That NPRM was published in the Federal Register on January 12, 2005 (70 FR 2057). That NPRM proposed to continue to require revising the airplane flight PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 70707 manual (AFM) to prohibit in-flight auxiliary power unit (APU) starts, and installing a placard on or near the APU start/stop switch panel to provide such instructions to the flightcrew. That NPRM also proposed an optional revision to the AFM that allows limited APU starts and a terminating action. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments that have been received on the NPRM. Request To Revise Applicability to Refer to Model T–62T–40C14 as APS 500R One commenter requests that the applicability be revised to refer to Model T–62T–40C14 as APS 500R. The commenter states that the commercial model designation for APU model T– 62T–40C14 is APS 500R. The ‘‘S’’ in APS 500R is not a typographical error, as stated in the NPRM, and is the correct nomenclature. We agree with the commenter and have revised the applicability of the final rule. This revision does not change the number of airplanes affected by the final rule. Request To Revise Description of Part Number (P/N) 120–45060–001 One commenter requests that the description of P/N 120–45060–001 in the second paragraph of the ‘‘Relevant Service Information’’ section of the NPRM be revised. The commenter states that ‘‘flush-type APU air inlet’’ should be revised to ‘‘flush-type air inlet frame.’’ We agree with the commenter that the part is a flush-type air inlet frame and we have revised paragraph (g) of the final rule to specify installing a ‘‘flushtype APU air inlet frame.’’ We have not revised the ‘‘Relevant Service Information’’ section, as that section is not restated in the final rule. Request To Refer to Latest Revision of EMBRAER Service Bulletin 145–49– 0018 Two commenters request that the NPRM refer to the latest revision of EMBRAER Service Bulletin 145–49– 0018. One commenter states that EMBRAER Service Bulletin 145–49– 0018, Change 03, dated January 3, 2002 (referenced as the appropriate source of service information for accomplishing the actions specified in paragraph (h) of the NPRM) should be replaced with Change 04, dated November 26, 2002. The other commenter states that E:\FR\FM\23NOR1.SGM 23NOR1 70708 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations Revision 8 is the latest revision of the service bulletin. We agree to revise the final rule to reference EMBRAER Service Bulletin 145–49–0018, Change 04, dated November 26, 2002, which is the latest revision. The procedures in Change 04 of the service bulletin are essentially the same as those in Change 03 of the referenced service bulletin. We have also added Change 03 of the service bulletin to paragraph (k) of the final rule to state that actions accomplished before the effective date of this AD per Change 03 of the service bulletin are acceptable for compliance with the requirements of this final rule. Request To Revise Description of P/N 145–48999–401 Two commenters request that, where the NPRM refers to P/N 145–48999–401 as a flush-type air inlet, the reference should be revised to say a raised-type APU air inlet frame. One commenter states that EMBRAER Service Bulletin 145–49–0018 (referenced as the appropriate source of service information for accomplishing the actions specified in paragraph (h) of the NPRM) refers to P/N 145–48999–401 as a raised-type APU air inlet frame. In addition, the service bulletin describes P/N 145–52453–401 as a raised-type APU air inlet frame. We agree with the commenters. Both part numbers are raised-type APU air inlet frames that may be installed in accordance with EMBRAER Service Bulletin 145–49–0018, Change 04, dated November 26, 2002. We have revised paragraph (h) of the final rule to specify installing a ‘‘raised-type APU air inlet frame.’’ Request To Refer to Latest Revision of EMBRAER Service Bulletin 145–49– 0009 Two commenters request that the NPRM refer to the latest revision of EMBRAER Service Bulletin 145–49– 0009. One commenter states that EMBRAER Service Bulletin 145–49– 0009, Change 07, dated September 1, 2002 (referenced as the appropriate source of service information for accomplishing the actions specified in paragraph (i) of the NPRM) should be replaced with Change 08, dated September 1, 2003. One commenter also notes that the NPRM did not give credit for actions done in accordance with previous issues because Change 07 of the service bulletin contains additional actions. The commenter states that the only difference in Change 07 is that it mentions the new APU exhaust silencer P/N 4503801C. The commenter also points out that AD 2004–23–09, VerDate Aug<31>2005 15:18 Nov 22, 2005 Jkt 208001 amendment 39–13864 (69 FR 65535), mandates the modification of the APU exhaust silencer to P/N 4503801C. Thus, the commenter requests that operators be given credit for previous issues of the service bulletin. We agree to revise paragraph (i) of the final rule to reference EMBRAER Service Bulletin 145–49–0009, Change 09, dated April 12, 2005, which is the latest revision. The procedures in Change 09 of the service bulletin are essentially the same as those in Change 07 of the service bulletin. We have also added Change 03 through Change 08 of the service bulletin to paragraph (k) of the final rule to state that actions accomplished before the effective date of this AD per those revisions of the service bulletin are acceptable for compliance with the corresponding requirements of this final rule. Request To Allow Previous Alternative Methods of Compliance (AMOCs) To Be Approved for Paragraphs (g) and (h) One commenter requests that AMOC paragraph (l)(2) of the NPRM be revised to allow previous AMOCs to be approved for paragraphs (g) and (h) (in addition to paragraph (f)). The commenter states that the modifications to the APU inlet and exhaust already approved as AMOCs for AD 2001–10–01 ensure a positive pressure differential from forward to aft through the compartment, preventing any exhaust flame from propagating forward into the APU compartment. The commenter understands that the AMOCs are also terminating action for paragraphs (g) and (h), not requiring additional action from the operators. We do not agree to revise paragraph (l)(3) of the final rule (specified as paragraph (l)(2) in the NPRM). Not all existing AMOCs for AD 2001–10–01 are terminating action for paragraphs (g) and (h). The existing AMOCs have various configurations and service bulletins that are acceptable for compliance with just the revisions, with the revisions and part of the terminating action, or with the terminating action. We have determined that the best way to handle such circumstances is for operators to request an AMOC in accordance with paragraph (l) of the final rule, rather than increasing the complexity of the AD by addressing each existing AMOC’s unique situation. We have not revised the final rule in this regard. Request To Revise NPRM To Reference P/Ns or Configurations and Service Bulletins That Could Be AMOCs Two commenters request that the NPRM be revised to reference P/Ns or PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 configurations and service bulletins that could be AMOCs. One commenter references multiple AMOCs for AD 2001–10–01 that would be acceptable for compliance for (f), (g), and (h) of the NPRM. The commenter suggests eliminating the reference to the service bulletin in paragraph (h) and listing all acceptable P/Ns for the raised-type APU air inlet frame and revising paragraph (i) of the NPRM to reference either the exhaust silencer or the extended or new exhaust pipes. The commenter contends these changes would address the unsafe condition. The other commenter notes that the correct configuration of the airplane can be achieved through various revisions of several service bulletins and includes several AMOCs for AD 2001–10–01. This commenter suggests that the NPRM reference the part number 145–48999– 401 or 145–52452–401 (or later approved part numbers) and a silencer measurement of 1300 millimeters on C14 APU equipped aircraft. As an alternative to these changes, the commenters suggest that the NPRM should list all configurations and service bulletin versions that are an optional means of terminating the NPRM. The commenter states that either one of its suggestions allow operators to operate their aircraft without having to incur additional and excessive expenses. We disagree with the request to revise the final rule to reference P/Ns or configurations and service bulletins that could be AMOCs. As stated in the response to the previous comment, due to the number and complexity of AMOCs for AD 2001–10–01 and the revisions to the various service bulletins, we cannot list every configuration that could be terminating action for paragraph (g) and/or paragraph (h) of the final rule. We also cannot list part numbers because terminating action must be done in a method approved by us or in accordance with service information we have reviewed. However, operators may request an AMOC in accordance with paragraph (l) of the final rule. We have not revised the final rule in this regard. Request To Determine if All U.S. Operators Are in Compliance One commenter suggests that U.S. operators be polled to find out if any operator is flying airplanes without the desired configuration. The commenter states that if all operators’ airplanes are in the desired configuration, then the NPRM may be withdrawn. The commenter notes that this suggestion has been done on other NPRMs prior to this one. E:\FR\FM\23NOR1.SGM 23NOR1 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations We do not agree with the commenter. We have not received confirmation that all U.S. operators are in compliance with the requirements of the final rule. Even if the current U.S.-registered fleet is in compliance with the requirements of the final rule, the issuance of the rule is still necessary to ensure that any affected airplane imported and placed on the U.S. register in the future will be required to be in compliance as well. Unless the manufacturer advises us that all of the affected airplanes worldwide have been modified, it is possible that an airplane could be imported to the U.S. in the future without being in compliance with the final rule. Additional Change to Applicability We have revised the applicability of the NPRM to identify model designations as published in the most recent type certificate data sheet for the affected models. Explanation of Changes to Final Rule We have also revised certain references to the service bulletins in the final rule to clarify that the actions are done in accordance with the accomplishment instructions of the service bulletins. We have also made minor editorial changes to the format of the tables in the final rule. Clarification of AMOC Paragraph We have revised this final rule to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies. 70709 Conclusion We have carefully reviewed the available data, including the comments that have been 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 The following table, using an estimated labor rate of $65 per work hour, provides the estimated costs for U.S. operators to comply with this AD. ESTIMATED COSTS Action Work hours Installation of placard (required by AD 2001–10–01) ....................... Terminating action (new action) ........................................................ Concurrent action (new action) ......................................................... Optional installation of APU air inlet and placard (new optional action). 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 VerDate Aug<31>2005 15:18 Nov 22, 2005 Jkt 208001 1 4 6 2 Parts None ........ $1,514 ...... $38,500 ... 397 ........... 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 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 Cost per airplane Number of U.S.-registered airplanes $65 1,774 38,890 527 290 290 290 290 Fleet cost $18,850. 514,460. 11,278,100. Up to 152,830. 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 removing amendment 39–12226 (66 FR 24049, May 11, 2001) and by adding the following new airworthiness directive (AD): I 2005–24–02 Empresa Brasileira De Aeronautica S.A. (EMBRAER): Amendment 39–14382. Docket No. FAA–2005–20011; Directorate Identifier 2003–NM–22–AD. Effective Date (a) This AD becomes effective December 28, 2005. Affected ADs (b) This AD supersedes AD 2001–10–01. 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 Hamilton Sundstrand auxiliary power unit (APU) Model T–62T–40C14 (APS 500R). E:\FR\FM\23NOR1.SGM 23NOR1 70710 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations Unsafe Condition (d) This AD was prompted by the airplane manufacturer developing modifications that revise or eliminate the need for restrictions to in-flight APU starts. We are issuing this AD to prevent flame backflow into the APU compartment through the eductor during inflight APU starts, which could result in fire in the APU compartment. 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. Requirements of AD 2001–10–01 and New Note Airplane Flight Manual (AFM) Revision (f) Within 25 flight hours or 10 days after May 29, 2001 (the effective date of AD 2001– 10–01), whichever occurs first, accomplish the actions required by paragraphs (f)(1) and (f)(2) of this AD. (1) Install a placard on or near the APU start/stop switch panel that reads: ‘‘CAUTION: IN-FLIGHT APU STARTS ARE PROHIBITED’’ Note 1: Installing a placard in accordance with EMBRAER Alert Service Bulletin 145– 49–A017, dated April 12, 2001, is acceptable for compliance with the action required by paragraph (f)(1) of this AD. (2) Revise the Limitations section of the AFM to include the information on the placard, as specified in paragraph (f)(1) of this AD, and to limit APU starts to ground conditions only. This may be accomplished by inserting a copy of this AD in the AFM. Note 2: Because APU starts are prohibited in flight when an engine-driven generator is inoperative, the APU must be started on the ground in order to dispatch, and the APU must be kept operational for the entire flight. Terminating Requirements of This AD and Optional Action Optional New Limitations for APU Starts (g) Doing the actions specified in paragraphs (g)(1) and (g)(2) of this AD in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 145–49–0017, Change 01, dated June 7, 2001, terminates the requirements of paragraph (f) of this AD. (1) Measure the gap between the APU and the APU exhaust silencer, install a flush-type APU air inlet frame, and install or replace, as applicable, the placard on or near the APU start/stop switch panel with a placard that reads: ‘‘CAUTION: IN-FLIGHT APU STARTS ARE LIMITED TO FLIGHT ENVELOPE UP TO 15KFT/320KIAS (NORMAL APU STARTS) OR 15KFT/200KIAS (BATTERY SUPPORT ONLY)’’ (2) Revise the Limitations section of the AFM to include the information on the placard specified in paragraph (g)(1) of this AD to limit APU starts. This may be accomplished by inserting a copy of this AD in the AFM. Remove any existing copy of AD 2001–10–01 from the AFM. Terminating Action for This AD (h) Within 8,000 flight hours after the effective date of this AD, measure the gap between the APU and the APU exhaust silencer, install a raised-type APU air inlet frame, remove any placard on or near the APU start/stop switch panel that limits APU starts, and reidentify the APU cowling, in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 145–49–0018, Change 04, dated November 26, 2002, except as provided by paragraph (j) of this AD. Doing the actions in paragraph (h) of this AD terminates the requirements of paragraphs (f) and (g) of this AD, and any copy of AD 2001–10–01 or this AD may be removed from the AFM. Prior to or Concurrent Requirements (i) Prior to or concurrently with the actions specified in paragraphs (g) and (h) of this AD, install an APU silencer in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 145–49–0009, Change 09, dated April 12, 2005. Contact the FAA or Departmento de Aviacao Civil (DAC) (j) If, during the actions specified in paragraphs (g) and (h) of this AD, any measurement exceeds the limits specified in EMBRAER Service Bulletin 145–49–0017, Change 01, dated June 7, 2001; or EMBRAER Service Bulletin 145–49–0018, Change 04, dated November 26, 2002; as applicable; and the service bulletin specifies to contact EMBRAER: Before further flight, repair per a method approved by either the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or the DAC (or its delegated agent). Actions Accomplished According to Previous Issue of Service Bulletin (k) Actions accomplished before the effective date of this AD according to the service bulletins listed in Table 1 of this AD are considered acceptable for compliance with the corresponding actions specified in this AD. TABLE 1.—SERVICE BULLETINS ACCEPTABLE FOR COMPLIANCE EMBRAER service bulletin 145–49–0009 145–49–0009 145–49–0009 145–49–0009 145–49–0009 145–49–0009 145–49–0017 145–49–0018 ............................................................................................................................................ ............................................................................................................................................ ............................................................................................................................................ ............................................................................................................................................ ............................................................................................................................................ ............................................................................................................................................ ............................................................................................................................................ ............................................................................................................................................ Alternative Methods of Compliance (AMOCs) (l)(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 14 CFR 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. (3) AMOCs approved previously in accordance with AD 2001–10–01, amendment 39–12226, are approved as VerDate Aug<31>2005 Change level 15:18 Nov 22, 2005 Jkt 208001 AMOCs for the corresponding requirements in paragraph (f) of this AD. Related Information (m) Brazilian airworthiness directive 2001– 04–02R2, dated June 29, 2001, also addresses the subject of this AD. Material Incorporated by Reference (n) You must use the service information specified in Table 2 of this AD 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. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 03 ..................... 04 ..................... 05 ..................... 06 ..................... 07 ..................... 08 ..................... Original ............. 03 ..................... Date May 15, 2001. July 5, 2001. October 1, 2001. January 3, 2002. September 1, 2002. September 1, 2003. May 15, 2001. January 3, 2002. 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. E:\FR\FM\23NOR1.SGM 23NOR1 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 70711 TABLE 2.—MATERIAL INCORPORATED BY REFERENCE Change level EMBRAER service bulletin 145–49–0009 ................................................................................................................................................... 145–49–0017 ................................................................................................................................................... 145–49–0018 ................................................................................................................................................... EMBRAER Service Bulletin 145–49–0017, Change 01, dated June 7, 2001, contains the following effective pages: Page No. Change level shown on page 1, 2 ......... 3–10 ....... 01 .............. Original ...... Date shown on page June 7, 2001. May 15, 2001. EMBRAER Service Bulletin 145–49–0018, Change 04, dated November 26, 2002, contains the following effective pages: and their downstream circuit breakers will produce a continuous output current that could cause the undersized output wiring to overheat when the frequency converters fail to shut off. We are issuing this AD to prevent overheating of the output wiring of the frequency converters, which could result in the failure of a wire bundle and consequent adverse effects on other systems sharing the affected wire bundle. Effective December 28, 2005. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of December 28, 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 Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Binh Tran, Aerospace Engineer, Systems and Equipment Branch, ANM–130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 917–6485; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: DATES: Page No. Change level shown on page Date shown on page 1, 2 ......... 04 .............. 3–14 ....... 03 .............. November 26, 2002. January 3, 2002. Issued in Renton, Washington, on October 31, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–22972 Filed 11–22–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–20629; Directorate Identifier 2004–NM–266–AD; Amendment 39–14384; AD 2005–24–04] RIN 2120–AA64 Airworthiness Directives; Boeing Model 767–300 Series Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 767–300 series airplanes. This AD requires replacing the frequency converters used to supply power for medical and galley utility outlets with modified frequency converters, and related actions. This AD results from a report indicating that a hard short circuit condition between the output of certain frequency converters SUMMARY: VerDate Aug<31>2005 15:18 Nov 22, 2005 Jkt 208001 Examining the Docket You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647–5227) is located on the plaza level of the Nassif Building at the 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 Boeing Model 767–300 series airplanes. That NPRM was published in the Federal Register on March 17, 2005 (70 FR 12986). That NPRM proposed to require replacing the PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 09 01 04 Date April 12, 2005. June 7, 2001. November 26, 2002. frequency converters used to supply power for medical outlets with modified frequency converters, and related actions. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments that have been received on the NPRM. Request To Revise Date of Referenced Service Bulletin One commenter, the manufacturer, requests that we revise the release date of the service bulletin referenced in the NPRM. The commenter states that the correct reference is Boeing Service Bulletin 767–25–0334, Revision 1, dated June 19, 2003. We agree. We inadvertently referenced the incorrect release date of Boeing Service Bulletin 767–25–0334, Revision 1. Therefore, we have revised paragraphs (c) and (f) of this AD to include the correct release date. Request To Clarify Use of Frequency Converters The same commenter requests that we revise the ‘‘Summary’’ and ‘‘Relevant Service Information’’ sections of the NPRM to specify that the affected frequency converters are also used for supplying power to galley utility outlets. We agree. We have revised the ‘‘Summary’’ section and paragraph (f) of this AD to clarify that the affected frequency converters are used to supply power to ‘‘* * * medical and galley utility outlets * * *.’’ However, since the ‘‘Relevant Service Information’’ section of the preamble does not reappear in the final rule, we have not made that change. Request To Use Alternative Method of Compliance (AMOC) A second commenter, an operator, requests that we include an option to remove and deactivate the affected frequency converters and wiring, instead of replacing the affected frequency converters. The commenter states that it is not currently using the medical outlets and has removed the affected frequency converters from its E:\FR\FM\23NOR1.SGM 23NOR1

Agencies

[Federal Register Volume 70, Number 225 (Wednesday, November 23, 2005)]
[Rules and Regulations]
[Pages 70707-70711]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22972]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20011; Directorate Identifier 2003-NM-22-AD; 
Amendment 39-14382; AD 2005-24-02]
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 superseding an existing airworthiness directive 
(AD), which applies to certain EMBRAER Model EMB-135 airplanes and 
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes. That AD currently requires revising the airplane flight 
manual (AFM) to prohibit in-flight auxiliary power unit (APU) starts, 
and installing a placard on or near the APU start/stop switch panel to 
provide such instructions to the flightcrew. This new AD adds an 
optional revision to the AFM that allows limited APU starts and adds a 
terminating action. This AD results from the airplane manufacturer 
developing modifications that revise or eliminate the need for 
restrictions to in-flight APU starts. We are issuing this AD to prevent 
flame backflow into the APU compartment through the eductor during in-
flight APU starts, which could result in fire in the APU compartment.

DATES: This AD becomes effective December 28, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of December 28, 
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 supersedes AD 2001-10-01, amendment 
39-12226 (66 FR 24049, May 11, 2001), for certain EMBRAER Model EMB-135 
and EMB-145 series airplanes. That NPRM was published in the Federal 
Register on January 12, 2005 (70 FR 2057). That NPRM proposed to 
continue to require revising the airplane flight manual (AFM) to 
prohibit in-flight auxiliary power unit (APU) starts, and installing a 
placard on or near the APU start/stop switch panel to provide such 
instructions to the flightcrew. That NPRM also proposed an optional 
revision to the AFM that allows limited APU starts and a terminating 
action.

Comments

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

Request To Revise Applicability to Refer to Model T-62T-40C14 as APS 
500R

    One commenter requests that the applicability be revised to refer 
to Model T-62T-40C14 as APS 500R. The commenter states that the 
commercial model designation for APU model T-62T-40C14 is APS 500R. The 
``S'' in APS 500R is not a typographical error, as stated in the NPRM, 
and is the correct nomenclature.
    We agree with the commenter and have revised the applicability of 
the final rule. This revision does not change the number of airplanes 
affected by the final rule.

Request To Revise Description of Part Number (P/N) 120-45060-001

    One commenter requests that the description of P/N 120-45060-001 in 
the second paragraph of the ``Relevant Service Information'' section of 
the NPRM be revised. The commenter states that ``flush-type APU air 
inlet'' should be revised to ``flush-type air inlet frame.''
    We agree with the commenter that the part is a flush-type air inlet 
frame and we have revised paragraph (g) of the final rule to specify 
installing a ``flush-type APU air inlet frame.'' We have not revised 
the ``Relevant Service Information'' section, as that section is not 
restated in the final rule.

Request To Refer to Latest Revision of EMBRAER Service Bulletin 145-49-
0018

    Two commenters request that the NPRM refer to the latest revision 
of EMBRAER Service Bulletin 145-49-0018. One commenter states that 
EMBRAER Service Bulletin 145-49-0018, Change 03, dated January 3, 2002 
(referenced as the appropriate source of service information for 
accomplishing the actions specified in paragraph (h) of the NPRM) 
should be replaced with Change 04, dated November 26, 2002. The other 
commenter states that

[[Page 70708]]

Revision 8 is the latest revision of the service bulletin.
    We agree to revise the final rule to reference EMBRAER Service 
Bulletin 145-49-0018, Change 04, dated November 26, 2002, which is the 
latest revision. The procedures in Change 04 of the service bulletin 
are essentially the same as those in Change 03 of the referenced 
service bulletin. We have also added Change 03 of the service bulletin 
to paragraph (k) of the final rule to state that actions accomplished 
before the effective date of this AD per Change 03 of the service 
bulletin are acceptable for compliance with the requirements of this 
final rule.

Request To Revise Description of P/N 145-48999-401

    Two commenters request that, where the NPRM refers to P/N 145-
48999-401 as a flush-type air inlet, the reference should be revised to 
say a raised-type APU air inlet frame. One commenter states that 
EMBRAER Service Bulletin 145-49-0018 (referenced as the appropriate 
source of service information for accomplishing the actions specified 
in paragraph (h) of the NPRM) refers to P/N 145-48999-401 as a raised-
type APU air inlet frame. In addition, the service bulletin describes 
P/N 145-52453-401 as a raised-type APU air inlet frame.
    We agree with the commenters. Both part numbers are raised-type APU 
air inlet frames that may be installed in accordance with EMBRAER 
Service Bulletin 145-49-0018, Change 04, dated November 26, 2002. We 
have revised paragraph (h) of the final rule to specify installing a 
``raised-type APU air inlet frame.''

Request To Refer to Latest Revision of EMBRAER Service Bulletin 145-49-
0009

    Two commenters request that the NPRM refer to the latest revision 
of EMBRAER Service Bulletin 145-49-0009. One commenter states that 
EMBRAER Service Bulletin 145-49-0009, Change 07, dated September 1, 
2002 (referenced as the appropriate source of service information for 
accomplishing the actions specified in paragraph (i) of the NPRM) 
should be replaced with Change 08, dated September 1, 2003. One 
commenter also notes that the NPRM did not give credit for actions done 
in accordance with previous issues because Change 07 of the service 
bulletin contains additional actions. The commenter states that the 
only difference in Change 07 is that it mentions the new APU exhaust 
silencer P/N 4503801C. The commenter also points out that AD 2004-23-
09, amendment 39-13864 (69 FR 65535), mandates the modification of the 
APU exhaust silencer to P/N 4503801C. Thus, the commenter requests that 
operators be given credit for previous issues of the service bulletin.
    We agree to revise paragraph (i) of the final rule to reference 
EMBRAER Service Bulletin 145-49-0009, Change 09, dated April 12, 2005, 
which is the latest revision. The procedures in Change 09 of the 
service bulletin are essentially the same as those in Change 07 of the 
service bulletin. We have also added Change 03 through Change 08 of the 
service bulletin to paragraph (k) of the final rule to state that 
actions accomplished before the effective date of this AD per those 
revisions of the service bulletin are acceptable for compliance with 
the corresponding requirements of this final rule.

Request To Allow Previous Alternative Methods of Compliance (AMOCs) To 
Be Approved for Paragraphs (g) and (h)

    One commenter requests that AMOC paragraph (l)(2) of the NPRM be 
revised to allow previous AMOCs to be approved for paragraphs (g) and 
(h) (in addition to paragraph (f)). The commenter states that the 
modifications to the APU inlet and exhaust already approved as AMOCs 
for AD 2001-10-01 ensure a positive pressure differential from forward 
to aft through the compartment, preventing any exhaust flame from 
propagating forward into the APU compartment. The commenter understands 
that the AMOCs are also terminating action for paragraphs (g) and (h), 
not requiring additional action from the operators.
    We do not agree to revise paragraph (l)(3) of the final rule 
(specified as paragraph (l)(2) in the NPRM). Not all existing AMOCs for 
AD 2001-10-01 are terminating action for paragraphs (g) and (h). The 
existing AMOCs have various configurations and service bulletins that 
are acceptable for compliance with just the revisions, with the 
revisions and part of the terminating action, or with the terminating 
action. We have determined that the best way to handle such 
circumstances is for operators to request an AMOC in accordance with 
paragraph (l) of the final rule, rather than increasing the complexity 
of the AD by addressing each existing AMOC's unique situation. We have 
not revised the final rule in this regard.

Request To Revise NPRM To Reference P/Ns or Configurations and Service 
Bulletins That Could Be AMOCs

    Two commenters request that the NPRM be revised to reference P/Ns 
or configurations and service bulletins that could be AMOCs. One 
commenter references multiple AMOCs for AD 2001-10-01 that would be 
acceptable for compliance for (f), (g), and (h) of the NPRM. The 
commenter suggests eliminating the reference to the service bulletin in 
paragraph (h) and listing all acceptable P/Ns for the raised-type APU 
air inlet frame and revising paragraph (i) of the NPRM to reference 
either the exhaust silencer or the extended or new exhaust pipes. The 
commenter contends these changes would address the unsafe condition.
    The other commenter notes that the correct configuration of the 
airplane can be achieved through various revisions of several service 
bulletins and includes several AMOCs for AD 2001-10-01. This commenter 
suggests that the NPRM reference the part number 145-48999-401 or 145-
52452-401 (or later approved part numbers) and a silencer measurement 
of 1300 millimeters on C14 APU equipped aircraft. As an alternative to 
these changes, the commenters suggest that the NPRM should list all 
configurations and service bulletin versions that are an optional means 
of terminating the NPRM. The commenter states that either one of its 
suggestions allow operators to operate their aircraft without having to 
incur additional and excessive expenses.
    We disagree with the request to revise the final rule to reference 
P/Ns or configurations and service bulletins that could be AMOCs. As 
stated in the response to the previous comment, due to the number and 
complexity of AMOCs for AD 2001-10-01 and the revisions to the various 
service bulletins, we cannot list every configuration that could be 
terminating action for paragraph (g) and/or paragraph (h) of the final 
rule. We also cannot list part numbers because terminating action must 
be done in a method approved by us or in accordance with service 
information we have reviewed. However, operators may request an AMOC in 
accordance with paragraph (l) of the final rule. We have not revised 
the final rule in this regard.

Request To Determine if All U.S. Operators Are in Compliance

    One commenter suggests that U.S. operators be polled to find out if 
any operator is flying airplanes without the desired configuration. The 
commenter states that if all operators' airplanes are in the desired 
configuration, then the NPRM may be withdrawn. The commenter notes that 
this suggestion has been done on other NPRMs prior to this one.

[[Page 70709]]

    We do not agree with the commenter. We have not received 
confirmation that all U.S. operators are in compliance with the 
requirements of the final rule. Even if the current U.S.-registered 
fleet is in compliance with the requirements of the final rule, the 
issuance of the rule is still necessary to ensure that any affected 
airplane imported and placed on the U.S. register in the future will be 
required to be in compliance as well. Unless the manufacturer advises 
us that all of the affected airplanes worldwide have been modified, it 
is possible that an airplane could be imported to the U.S. in the 
future without being in compliance with the final rule.

Additional Change to Applicability

    We have revised the applicability of the NPRM to identify model 
designations as published in the most recent type certificate data 
sheet for the affected models.

Explanation of Changes to Final Rule

    We have also revised certain references to the service bulletins in 
the final rule to clarify that the actions are done in accordance with 
the accomplishment instructions of the service bulletins.
    We have also made minor editorial changes to the format of the 
tables in the final rule.

Clarification of AMOC Paragraph

    We have revised this final rule 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 that have been 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

    The following table, using an estimated labor rate of $65 per work 
hour, provides the estimated costs for U.S. operators to comply with 
this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                             Number of
                                                                 Cost per      U.S.-
             Action               Work hours       Parts         airplane    registered         Fleet cost
                                                                             airplanes
----------------------------------------------------------------------------------------------------------------
Installation of placard                    1  None...........          $65          290  $18,850.
 (required by AD 2001-10-01).
Terminating action (new action)            4  $1,514.........        1,774          290  514,460.
Concurrent action (new action).            6  $38,500........       38,890          290  11,278,100.
Optional installation of APU               2  397............          527          290  Up to 152,830.
 air inlet and placard (new
 optional action).
----------------------------------------------------------------------------------------------------------------

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 
removing amendment 39-12226 (66 FR 24049, May 11, 2001) and by adding 
the following new airworthiness directive (AD):

2005-24-02 Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-14382. Docket No. FAA-2005-20011; Directorate 
Identifier 2003-NM-22-AD.

Effective Date

    (a) This AD becomes effective December 28, 2005.

Affected ADs

    (b) This AD supersedes AD 2001-10-01.

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 Hamilton Sundstrand auxiliary power unit 
(APU) Model T-62T-40C14 (APS 500R).

[[Page 70710]]

Unsafe Condition

    (d) This AD was prompted by the airplane manufacturer developing 
modifications that revise or eliminate the need for restrictions to 
in-flight APU starts. We are issuing this AD to prevent flame 
backflow into the APU compartment through the eductor during in-
flight APU starts, which could result in fire in the APU 
compartment.

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.

Requirements of AD 2001-10-01 and New Note

Airplane Flight Manual (AFM) Revision

    (f) Within 25 flight hours or 10 days after May 29, 2001 (the 
effective date of AD 2001-10-01), whichever occurs first, accomplish 
the actions required by paragraphs (f)(1) and (f)(2) of this AD.
    (1) Install a placard on or near the APU start/stop switch panel 
that reads:

``CAUTION: IN-FLIGHT APU STARTS ARE PROHIBITED''

    Note 1: Installing a placard in accordance with EMBRAER Alert 
Service Bulletin 145-49-A017, dated April 12, 2001, is acceptable 
for compliance with the action required by paragraph (f)(1) of this 
AD.

    (2) Revise the Limitations section of the AFM to include the 
information on the placard, as specified in paragraph (f)(1) of this 
AD, and to limit APU starts to ground conditions only. This may be 
accomplished by inserting a copy of this AD in the AFM.

    Note 2: Because APU starts are prohibited in flight when an 
engine-driven generator is inoperative, the APU must be started on 
the ground in order to dispatch, and the APU must be kept 
operational for the entire flight.

Terminating Requirements of This AD and Optional Action

Optional New Limitations for APU Starts

    (g) Doing the actions specified in paragraphs (g)(1) and (g)(2) 
of this AD in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 145-49-0017, Change 01, dated June 7, 2001, 
terminates the requirements of paragraph (f) of this AD.
    (1) Measure the gap between the APU and the APU exhaust 
silencer, install a flush-type APU air inlet frame, and install or 
replace, as applicable, the placard on or near the APU start/stop 
switch panel with a placard that reads:

``CAUTION: IN-FLIGHT APU STARTS ARE LIMITED TO FLIGHT ENVELOPE UP TO 
15KFT/320KIAS (NORMAL APU STARTS) OR 15KFT/200KIAS (BATTERY SUPPORT 
ONLY)''

    (2) Revise the Limitations section of the AFM to include the 
information on the placard specified in paragraph (g)(1) of this AD 
to limit APU starts. This may be accomplished by inserting a copy of 
this AD in the AFM. Remove any existing copy of AD 2001-10-01 from 
the AFM.

Terminating Action for This AD

    (h) Within 8,000 flight hours after the effective date of this 
AD, measure the gap between the APU and the APU exhaust silencer, 
install a raised-type APU air inlet frame, remove any placard on or 
near the APU start/stop switch panel that limits APU starts, and 
reidentify the APU cowling, in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-49-0018, Change 04, 
dated November 26, 2002, except as provided by paragraph (j) of this 
AD. Doing the actions in paragraph (h) of this AD terminates the 
requirements of paragraphs (f) and (g) of this AD, and any copy of 
AD 2001-10-01 or this AD may be removed from the AFM.

Prior to or Concurrent Requirements

    (i) Prior to or concurrently with the actions specified in 
paragraphs (g) and (h) of this AD, install an APU silencer in 
accordance with the Accomplishment Instructions of EMBRAER Service 
Bulletin 145-49-0009, Change 09, dated April 12, 2005.

Contact the FAA or Departmento de Aviacao Civil (DAC)

    (j) If, during the actions specified in paragraphs (g) and (h) 
of this AD, any measurement exceeds the limits specified in EMBRAER 
Service Bulletin 145-49-0017, Change 01, dated June 7, 2001; or 
EMBRAER Service Bulletin 145-49-0018, Change 04, dated November 26, 
2002; as applicable; and the service bulletin specifies to contact 
EMBRAER: Before further flight, repair per a method approved by 
either the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or the DAC (or its delegated agent).

Actions Accomplished According to Previous Issue of Service Bulletin

    (k) Actions accomplished before the effective date of this AD 
according to the service bulletins listed in Table 1 of this AD are 
considered acceptable for compliance with the corresponding actions 
specified in this AD.

                              Table 1.--Service Bulletins Acceptable for Compliance
----------------------------------------------------------------------------------------------------------------
        EMBRAER service bulletin                    Change level                            Date
----------------------------------------------------------------------------------------------------------------
145-49-0009.............................  03.............................  May 15, 2001.
145-49-0009.............................  04.............................  July 5, 2001.
145-49-0009.............................  05.............................  October 1, 2001.
145-49-0009.............................  06.............................  January 3, 2002.
145-49-0009.............................  07.............................  September 1, 2002.
145-49-0009.............................  08.............................  September 1, 2003.
145-49-0017.............................  Original.......................  May 15, 2001.
145-49-0018.............................  03.............................  January 3, 2002.
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (l)(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 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.
    (3) AMOCs approved previously in accordance with AD 2001-10-01, 
amendment 39-12226, are approved as AMOCs for the corresponding 
requirements in paragraph (f) of this AD.

Related Information

    (m) Brazilian airworthiness directive 2001-04-02R2, dated June 
29, 2001, also addresses the subject of this AD.

Material Incorporated by Reference

    (n) You must use the service information specified in Table 2 of 
this AD 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.

[[Page 70711]]



              Table 2.--Material Incorporated by Reference
------------------------------------------------------------------------
                                   Change
   EMBRAER service bulletin        level                 Date
------------------------------------------------------------------------
145-49-0009...................           09  April 12, 2005.
145-49-0017...................           01  June 7, 2001.
145-49-0018...................           04  November 26, 2002.
------------------------------------------------------------------------

    EMBRAER Service Bulletin 145-49-0017, Change 01, dated June 7, 
2001, contains the following effective pages:

------------------------------------------------------------------------
                                  Change level
           Page No.              shown on page      Date shown on page
------------------------------------------------------------------------
1, 2..........................  01.............  June 7, 2001.
3-10..........................  Original.......  May 15, 2001.
------------------------------------------------------------------------

    EMBRAER Service Bulletin 145-49-0018, Change 04, dated November 
26, 2002, contains the following effective pages:

------------------------------------------------------------------------
                                  Change level
           Page No.              shown on page      Date shown on page
------------------------------------------------------------------------
1, 2..........................  04.............  November 26, 2002.
3-14..........................  03.............  January 3, 2002.
------------------------------------------------------------------------


    Issued in Renton, Washington, on October 31, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-22972 Filed 11-22-05; 8:45 am]
BILLING CODE 4910-13-P