Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR Airplanes; and Model EMB-145, 145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes, 73933-73935 [05-23899]

Download as PDF Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Rules and Regulations in this AD for Airbus Model A300 B2–1A, B2–1C, B2K–3C, and B2–203 airplanes; and Airbus Model A300 B4–2C, B4–103, and B4– 203 airplanes. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for service information identified in this AD for Airbus Model A300 B4–601, B4– 603, B4–620, and B4–622 airplanes; Airbus Model A300 B4–605R and B4–622R airplanes; Airbus Model A300 F4–605R and F4–622R airplanes; Airbus Model A300 C4– 605R Variant F airplanes; Model A310–203, –204, –221, and –222 airplanes; and Airbus Model A310–304, –322, –324, and –325 airplanes. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., room PL–401, Nassif Building, 73933 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. TABLE 4.—MATERIAL INCORPORATED BY REFERENCE Revision level Airbus Service Bulletin A300–53–0364 ................................................................................................................................................... A300–53–0365, excluding Appendix 01 ............................................................................................................ A300–53–6137 ................................................................................................................................................... A300–53–6138, excluding Appendix 01 ............................................................................................................ A310–53–2116 ................................................................................................................................................... A310–53–2117, excluding Appendix 01 ............................................................................................................ Issued in Renton, Washington, on December 2, 2005. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–23900 Filed 12–13–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–22525; Directorate Identifier 2005–NM–149–AD; Amendment 39–14410; AD 2005–25–17] RIN 2120–AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135BJ, –135ER, –135KE, –135KL, and –135LR Airplanes; and Model EMB–145, 145ER, –145MR, –145LR, –145XR, –145MP, and –145EP Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: Examining the Docket The FAA is adopting a new airworthiness directive (AD) for certain EMBRAER airplanes listed above. This AD requires modifying the drain system of the auxiliary power unit (APU) by installing a scavenge pump and, for certain airplanes, replacing the APU exhaust assembly. This AD results from a report of fuel leaking from the APU feeding line and accumulating inside the APU compartment because the drain system is inadequate when the APU is running. We are issuing this AD to prevent fuel accumulation and subsequent flammable fuel vapors in the APU cowling, which, combined with an SUMMARY: VerDate Aug<31>2005 15:23 Dec 13, 2005 Jkt 208001 ignition source, could result in a fire or explosion. DATES: This AD becomes effective January 18, 2006. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of January 18, 2006. ADDRESSES: You may examine the AD docket on the Internet at 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. For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 227–1175; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: 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 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 02 01 03 01 02 01 Date September 24, 2004. April 4, 2005. April 4, 2005. April 4, 2005. September 24, 2004. April 4, 2005. EMB–135BJ, –135ER, –135KE, –135KL, and –135LR airplanes; and Model EMB– 145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. That NPRM was published in the Federal Register on September 29, 2005 (70 FR 56858). That NPRM proposed to require modifying the drain system of the auxiliary power unit (APU) by installing a scavenge pump and, for certain airplanes, replacing the APU exhaust assembly. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Changes to Proposed AD Since we issued the proposed AD, EMBRAER has revised Service Bulletin 145–49–0029, which was cited in the proposed AD as the appropriate source of service information for the modification on all but Model EMB– 135BJ airplanes. The procedures in Revision 02, dated October 14, 2005, are essentially the same as those described in the original version. We have revised paragraph (f) in this AD accordingly. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD with the changes described previously. Costs of Compliance This AD affects about 800 airplanes of U.S. registry. The pump installation takes about 15 work hours per airplane, at an average labor rate of $65 per work hour. Required parts cost about $1,768 or $1,967 per airplane. Based on these figures, the estimated cost of this action E:\FR\FM\14DER1.SGM 14DER1 73934 Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Rules and Regulations for U.S. operators is $2,194,400– $2,353,600, or $2,743 or $2,942 per airplane. The number of airplanes subject to the APU exhaust assembly replacement is unknown. If accomplished, this action would take about 6–7 work hours per airplane, at an average labor rate of $65 per work hour. Required parts would cost about $9,828 or $12,844 per airplane. Based on these figures, the estimated cost of this action for U.S. operators is $10,218–$13,299 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. VerDate Aug<31>2005 15:23 Dec 13, 2005 Jkt 208001 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 2005–25–17 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Amendment 39–14410. Docket No. FAA–2005–22525; Directorate Identifier 2005–NM–149–AD. Effective Date (a) This AD becomes effective January 18, 2006. Affected ADs (b) None. Applicability (c) This AD applies to EMBRAER Model EMB–135BJ, –135ER, –135KE, –135KL, and –135LR airplanes; and Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes; certificated in any category; equipped with Model C–14 auxiliary power units (APUs); except those airplanes with serial numbers 14500927 and subsequent. Unsafe Condition (d) This AD results from a report of fuel leaking from the APU feeding line and accumulating inside the APU compartment because the drain system is inadequate when the APU is running. We are issuing this AD to prevent fuel accumulation and subsequent flammable fuel vapors in the APU cowling, which, combined with an ignition source, could result in a fire or explosion. Compliance (e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Installation of Scavenge Pump Drain (f) Within 5,000 flight hours after the effective date of this AD, modify the APU compartment drain system by installing a scavenge pump on it by doing all actions specified in the Accomplishment Instructions of EMBRAER Service Bulletin PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 145LEG–49–0006 (for Model EMB–135BJ airplanes), dated April 20, 2005; or 145–49– 0029 (for all remaining airplanes), Revision 02, dated October 14, 2005. A modification before the effective date of this AD in accordance with EMBRAER Service Bulletin 145–49–0029, dated April 20, 2005; or Revision 01, dated July 13, 2005, is also acceptable for compliance with the requirements of this paragraph, as applicable. Concurrent Requirements (g) For airplanes with an APU cowling part number 145–52979–401 or 145–52979–403: Before or concurrently with the pump drain installation required by paragraph (f) of this AD, replace the APU exhaust assembly by doing all actions specified in the Accomplishment Instructions of EMBRAER Service Bulletin 145–49–0023, Revision 01, dated April 25, 2005. Replacement before the effective date of this AD in accordance with EMBRAER Service Bulletin 145–49–0023, dated November 23, 2004, is also acceptable for compliance with the requirements of this paragraph. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information (i) Brazilian airworthiness directive 2005– 08–05, effective September 6, 2005, also addresses the subject of this AD. Material Incorporated by Reference (j) To perform the actions that are required by this AD, unless the AD specifies otherwise, you must use the service bulletins identified in Table 1 of this AD, as applicable. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For a copy of this service information, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., room PL–401, Nassif Building, Washington, DC; on the internet at 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. E:\FR\FM\14DER1.SGM 14DER1 Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Rules and Regulations 73935 TABLE 1.—MATERIAL INCORPORATED BY REFERENCE Service bulletin Revision level EMBRAER Service Bulletin 14LEG–49–0006 ..................................................... EMBRAER Service Bulletin 145–49–0029 .......................................................... EMBRAER Service Bulletin 145–49–0023 .......................................................... Original .................................................. 02 .......................................................... 01 .......................................................... Issued in Renton, Washington, on December 2, 2005. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–23899 Filed 12–13–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–21715; Directorate Identifier 2004–NM–277–AD; Amendment 39–14416; AD 2005–25–23] RIN 2120–AA64 Airworthiness Directives; Boeing Model 767–200 and –300 Series Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: Examining the Docket The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 767–200 and –300 series airplanes. This AD requires measuring the turnbuckle gap of the inflation cylinder of the off-wing emergency escape slide; corrective action if necessary; and installing a safety device on the inflation cylinder of the off-wing emergency escape slide. This AD results from a report indicating that the inflation trigger cable may inadvertently disconnect from the inflation turnbuckle of the inflation cylinder of the off-wing emergency escape slide, due to incorrect spacing of the cable insertion gap; and additional reports indicating that the pull force increase mechanism on the off-wing charged cylinder assemblies of the escape slide may be inadvertently disengaged. We are issuing this AD to prevent failed deployment of the emergency escape slide during an emergency, which could impede an evacuation and result in injury to passengers or airplane crewmembers, or inadvertent inflation and loss of an emergency escape slide during flight, which could result in possible structural damage to the airplane. DATES: This AD becomes effective January 18, 2006. SUMMARY: VerDate Aug<31>2005 15:23 Dec 13, 2005 Jkt 208001 The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of January 18, 2006. ADDRESSES: You may examine the AD docket on the Internet at 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 Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Sue Rosanske, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM–150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 917–6448; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: 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 Boeing Model 767–200 and –300 series airplanes. That NPRM was published in the Federal Register on July 6, 2005 (70 FR 38821). That NPRM proposed to require measuring the turnbuckle gap of the inflation cylinder of the off-wing emergency escape slide; corrective action if necessary; and installing a safety device on the inflation cylinder of the off-wing emergency escape slide. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 Date April 20, 2005. October 14, 2005. April 25, 2005. Supportive Comment One commenter concurs with the content of the NPRM. Requests To Extend Compliance Time Several commenters ask that the compliance time for the actions specified in paragraph (f) of the NPRM be extended to 36 months. The commenters make their requests to extend the compliance time for several reasons, including: • To align the proposed actions with existing maintenance schedules for corresponding levels of maintenance on escape slide systems and increased efficiency and management of spare parts stocks of escape slides. • To correspond with the compliance time specified in the Goodrich service information (referenced in the NPRM) of accomplishing the actions at the next scheduled maintenance visit. • To be consistent with slide restoration intervals that allow the modifications of the inflation cylinder to be accomplished in a controlled shop environment. In addition, accomplishing the actions within 18 months would require operators to significantly increase spare parts stock for escape slides, which would cause an undue burden and substantial cost increase. • To be consistent with the removal of the off-wing escape slide cylinders from the airplane for cylinder hydrostatic testing and overhaul, which eliminates the need for multiple removals. Additional removals would increase the potential for injuries to maintenance personnel and damage to parts. We agree that the compliance time may be extended. We have reconsidered the urgency of the unsafe condition and the amount of work related to the required actions, in addition to the fact that our intent was to require the actions be accomplished during regular maintenance visits. We find that extending the compliance time from 18 to 36 months will not adversely affect safety, and, for the majority of affected operators, will allow the required actions to be performed during regularly scheduled maintenance at a base where special equipment and trained maintenance personnel will be available if necessary. We have changed the E:\FR\FM\14DER1.SGM 14DER1

Agencies

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

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

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

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

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

ACTION: Final rule.

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

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

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

ADDRESSES: You may examine the AD docket on the Internet at 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.
For service information identified in this AD, contact Empresa
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao
Jose dos Campos--SP, Brazil.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Examining the Docket

You may examine the airworthiness directive (AD) docket on the
Internet at 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-135BJ, -135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-
145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. That
NPRM was published in the Federal Register on September 29, 2005 (70 FR
56858). That NPRM proposed to require modifying the drain system of the
auxiliary power unit (APU) by installing a scavenge pump and, for
certain airplanes, replacing the APU exhaust assembly.

Comments

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

Changes to Proposed AD

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

Conclusion

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

Costs of Compliance

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

[[Page 73934]]

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

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13 [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):

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

Effective Date

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

Affected ADs

(b) None.

Applicability

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

Unsafe Condition

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

Compliance

(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Installation of Scavenge Pump Drain

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

Concurrent Requirements

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

Alternative Methods of Compliance (AMOCs)

(h)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.

Related Information

(i) Brazilian airworthiness directive 2005-08-05, effective
September 6, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

(j) To perform the actions that are required by this AD, unless
the AD specifies otherwise, you must use the service bulletins
identified in Table 1 of this AD, as applicable. The Director of the
Federal Register approved the incorporation by reference of these
documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For
a copy of this service information, contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos
Campos--SP, Brazil. You may review copies at the Docket Management
Facility, U.S. Department of Transportation, 400 Seventh Street,
SW., room PL-401, Nassif Building, Washington, DC; on the internet
at 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.

[[Page 73935]]

Table 1.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
Service bulletin Revision level Date
----------------------------------------------------------------------------------------------------------------
EMBRAER Service Bulletin 14LEG-49-0006... Original.................... April 20, 2005.
EMBRAER Service Bulletin 145-49-0029..... 02.......................... October 14, 2005.
EMBRAER Service Bulletin 145-49-0023..... 01.......................... April 25, 2005.
----------------------------------------------------------------------------------------------------------------

Issued in Renton, Washington, on December 2, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-23899 Filed 12-13-05; 8:45 am]
BILLING CODE 4910-13-P

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