[Federal Register: November 21, 2005 (Volume 70, Number 223)]
[Rules and Regulations]
[Page 70044-70046]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no05-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22256; Directorate Identifier 2005-NM-113-AD;
Amendment 39-14378; AD 2005-23-20]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 Airplanes, and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain EMBRAER Model EMB-135 airplanes, and Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This AD requires
modification of the upper frame of the firewall for the auxiliary power
unit (APU). This AD results from the discovery of a hole in the upper
frame of the firewall for the APU. We are issuing this AD to ensure
that the APU compartment is isolated from the rest of the airplane in
the event of an APU fire. If the APU compartment is not isolated, smoke
could enter the passenger cabin in the event of an APU fire.
DATES: This AD becomes effective December 27, 2005.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of December 27,
2005.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
room PL-401, Washington, DC.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343--CEP 12.225, Sao Jose dos Campos-SP, Brazil, for service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at http://dms.dot.gov or in person at the Docket Management
Facility office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Management Facility office
(telephone (800) 647-5227) is located on the plaza level of the Nassif
Building at the street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain EMBRAER Model
EMB-135 airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes. That NPRM was published in the Federal
Register on September 1, 2005 (70 FR 52040). That NPRM proposed to
require modification of the upper frame of the firewall for the
auxiliary power unit (APU).
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Reference Latest Revision of EMBRAER Service Bulletins
One commenter, the manufacturer, requests that the NPRM be revised
to reference EMBRAER Service Bulletin 145LEG-53-0020, Revision 01,
dated September 21, 2005; and EMBRAER Service Bulletin 145-53-0057,
Revision 01, dated September 20, 2005
[[Page 70045]]
(EMBRAER Service Bulletin 145LEG-53-0020, dated November 30, 2004; and
EMBRAER Service Bulletin 145-53-0057, dated November 30, 2004; are
referenced as the appropriate sources of service information for doing
the actions specified in the NPRM). The same commenter also requests
that EMBRAER Service Bulletin 145LEG-53-0020, dated November 30, 2004;
and EMBRAER Service Bulletin 145-53-0057, dated November 30, 2004; be
considered acceptable for compliance with the NPRM if done before the
effective date of the AD.
We agree with the commenter. The procedures in Revision 01 of
EMBRAER Service Bulletin 145LEG-53-0020 are essentially the same as
those in the original issue of the service bulletin. Revision 01 was
issued to revise the rivet installation figure. The procedures in
Revision 01 of EMBRAER Service Bulletin 145-53-0057 are essentially the
same as those in the original issue of that service bulletin. Revision
01 was issued to revise the rivet installation figure. Revision 01 was
also issued to revise the effectivity of the service bulletin by
removing 15 airplanes. These airplanes have an APU bleed valve support
that covers the hole in the upper frame of the firewall for the APU;
therefore these airplanes are not affected by the unsafe condition
addressed by this AD.
We have revised the final rule to reference EMBRAER Service
Bulletin 145LEG-53-0020, Revision 01, dated September 21, 2005; and
EMBRAER Service Bulletin 145-53-0057, Revision 01, dated September 20,
2005. We have also added a new paragraph (g) to this AD to state that
actions accomplished before the effective date of the AD according to
the previous issues of the service bulletins are acceptable for
compliance with the corresponding requirements of this AD.
Request To Revise Paragraph (d)
The same commenter requests that we revise the unsafe condition
specified in paragraph (d) of the NPRM. The commenter states that ``the
modification intends to isolate APU compartment from the remaining of
the aircraft and comply with the firewall sealing requirement, not only
prevent smoke from entering the passenger cabin in consequence of a
fire in the APU compartment.'' The commenter suggests using the
following wording: ``We are issuing this AD to rework the APU firewall
and ensure it will perform adequately its intended function of isolate
[sic] the APU compartment from the remaining of the aircraft in the
event of a fire in the APU compartment.''
We agree with the commenter that this AD is intended to ensure that
the APU compartment is isolated from the rest of the airplane in the
event of an APU fire. If the APU compartment is not isolated, smoke
could enter the passenger cabin. We have revised the unsafe condition
specified in the Summary section and paragraph (d) of this AD.
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD will affect about 620 airplanes of U.S. registry. The
actions will take about 1 work hour per airplane, at an average labor
rate of $65 per work hour. Based on these figures, the estimated cost
of this AD for U.S. operators is $40,300, or $65 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2005-23-20 Empresa Brasileira De Aeronautica S.A. (EMBRAER):
Amendment 39-14378. Docket No. FAA-2005-22256; Directorate
Identifier 2005-NM-113-AD.
Effective Date
(a) This AD becomes effective December 27, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-135BJ airplanes, as
identified in EMBRAER Service Bulletin 145LEG-53-0020, Revision 01,
dated September 21, 2005; and Model EMB-135ER, -135KE, -135KL, and -
135LR airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -145XR,
-145MP, and -145EP airplanes, as identified in EMBRAER Service
Bulletin 145-53-0057, Revision 01, dated September 20, 2005;
certificated in any category.
[[Page 70046]]
Unsafe Condition
(d) This AD results from the discovery of a hole in the upper
frame of the firewall for the auxiliary power unit (APU). We are
issuing this AD to ensure that the APU compartment is isolated from
the rest of the airplane in the event of an APU fire. If the APU
compartment is not isolated, smoke could enter the passenger cabin
in the event of an APU fire.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Modification
(f) Within 2,500 flight hours or 365 days after the effective
date of this AD, whichever occurs later, modify the APU firewall
upper frame, part number 145-51249-001 or 120-10731-001, in
accordance with the Accomplishment Instructions of EMBRAER Service
Bulletin 145LEG-53-0020, Revision 01, dated September 21, 2005 (for
Model EMB-135BJ airplanes); or EMBRAER Service Bulletin 145-53-0057,
Revision 01, dated September 20, 2005 (for Model EMB-135ER, -135KE,
-135KL, and -135LR airplanes; and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes); as applicable.
Modifications Accomplished According to Previous Issue of Service
Bulletins
(g) Modifications accomplished before the effective date of this
AD according to EMBRAER Service Bulletin 145LEG-53-0020, dated
November 30, 2004; and EMBRAER Service Bulletin 145-53-0057, dated
November 30, 2004; are considered acceptable for compliance with the
corresponding action specified in this AD.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(i) Brazilian airworthiness directive 2005-04-03, dated April
30, 2005, also addresses the subject of this AD.
Material Incorporated by Reference
(j) You must use EMBRAER Service Bulletin 145LEG-53-0020,
Revision 01, dated September 21, 2005; or EMBRAER Service Bulletin
145-53-0057, Revision 01, dated September 20, 2005; as applicable,
to perform the actions that are required by this AD, unless the AD
specifies otherwise. The Director of the Federal Register approved
the incorporation by reference of these documents in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos
Campos-SP, Brazil, for a copy of this service information. You may
review copies at the Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., room PL-401, Nassif
Building, Washington, DC; on the Internet at http://dms.dot.gov; or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at the NARA, call
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Issued in Renton, Washington, on November 9, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-22792 Filed 11-18-05; 8:45 am]
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