[Federal Register: January 20, 2006 (Volume 71, Number 13)]
[Rules and Regulations]
[Page 3209-3210]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ja06-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22871; Directorate Identifier 2005-NM-191-AD;
Amendment 39-14454; AD 2006-02-02]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT 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-120, -120ER, -120FC, -120QC, and -120RT
airplanes. This AD requires installing a rivet and washer in the hole
of the upper frame of the auxiliary power unit (APU) firewall. This AD
results from a report indicating that, during production, a pinhole was
left open at the upper frame of the APU firewall. 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.
DATES: This AD becomes effective February 24, 2006.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of February 24,
2006.
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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2125; 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-120, -120ER, -120FC, -120QC, and -120RT airplanes. That NPRM was
published in the Federal Register on November 9, 2005 (70 FR 67948).
That NPRM proposed to require installing a rivet and washer in the hole
of the upper frame of the auxiliary power unit (APU) firewall.
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.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this AD.
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of
Average Cost per U.S.-
Action Work hours labor rate Parts airplane registered Fleet cost
per hour airplanes
----------------------------------------------------------------------------------------------------------------
Rivet installation................ 1 $65 Operator- $65 108 $7,020
supplied
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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,
[[Page 3210]]
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):
2006-02-02 Empresa Brasileira De Aeronautica S.A. (EMBRAER):
Amendment 39-14454. Docket No. FAA-2005-22871; Directorate
Identifier 2005-NM-191-AD.
Effective Date
(a) This AD becomes effective February 24, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-120, -120ER, -120FC, -
120QC, and -120RT airplanes, certificated in any category; as
identified in EMBRAER Service Bulletin 120-53-0080, dated November
30, 2004.
Unsafe Condition
(d) This AD results from a report indicating that, during
production, a pinhole was left open at the upper frame of the
auxiliary power unit (APU) firewall. 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.
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.
Rivet Installation
(f) Within 4,000 flight hours or 24 months, whichever occurs
first after the effective date of this AD: Install a rivet and
washer in the hole of the upper frame of the APU firewall, in
accordance with EMBRAER Service Bulletin 120-53-0080, dated November
30, 2004.
Alternative Methods of Compliance (AMOCs)
(g)(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
(h) Brazilian airworthiness directive 2005-08-03, effective
September 5, 2005, also addresses the subject of this AD.
Material Incorporated by Reference
(i) You must use EMBRAER Service Bulletin 120-53-0080, dated
November 30, 2004, to perform the actions that are required by this
AD, unless the AD specifies otherwise. The Director of the Federal
Register approved the incorporation by reference of this document in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact 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 January 10, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-469 Filed 1-19-06; 8:45 am]
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