52040 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22256; Directorate 

Identifier 2005–NM–113–AD] 

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: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt 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 

proposed AD would require 

modification of the upper frame of the 

firewall for the auxiliary power unit 

(APU). This proposed AD results from 

the discovery of a hole in the upper 

frame of the firewall for the APU. We 

are proposing this AD to prevent smoke 

from entering the passenger cabin in the 

event of a fire in the APU compartment. 

DATES: We must receive comments on 

this proposed AD by October 3, 2005. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

Room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

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 proposed 

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: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Include the 

docket number ‘‘FAA–2005–22256; 

Directorate Identifier 2005–NM–113–

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light of those comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of that web 

site, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You may 

review the DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http:// 

dms.dot.gov. 

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 DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the Docket 

Management System receives them. 

Discussion 

The Departmento de Aviacao Civil 

(DAC), which is the airworthiness 

authority for Brazil, notified us that an 

unsafe condition may exist on all 

EMBRAER Model EMB–135 airplanes 

and Model EMB–145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP 

airplanes. The DAC advises that, during 

the manufacturing process of the above 

airplanes, a hole in the auxiliary power 

unit (APU) firewall was left open. This 

condition, if not corrected, could result 

in smoke entering the passenger cabin 

in the event of a fire in the APU 

compartment. 

Relevant Service Information 

EMBRAER has issued Service 

Bulletins 145LEG–53–0020 (for Model 

EMB–135BJ airplanes) and 145–53–0057 

(for Model EMB–135ER, –135KE, 

–135KL, and –135LR airplanes, and 

Model EMB–145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP 

airplanes), both dated November 30, 

2004. The service bulletins describe 

procedures for modifying the APU 

firewall upper frame to ensure that there 

are no holes. Accomplishing the actions 

specified in the service information is 

intended to adequately address the 

unsafe condition. The DAC mandated 

the service information and issued 

Brazilian airworthiness directive 2005–

04–03, dated April 30, 2005, to ensure 

the continued airworthiness of these 

airplanes in Brazil. 

FAA’s Determination and Requirements 

of the Proposed AD 

These airplane models are 

manufactured in Brazil and are type 

certificated for operation in the United 

States under the provisions of section 

21.29 of the Federal Aviation 

Regulations (14 CFR 21.29) and the 

applicable bilateral airworthiness 

agreement. Pursuant to this bilateral 

airworthiness agreement, the DAC has 

kept the FAA informed of the situation 

described above. We have examined the 

DAC’s findings, evaluated all pertinent 

information, and determined that we 

need to issue an AD for airplanes of this 

type design that are certificated for 

operation in the United States. 

Therefore, we are proposing this AD, 

which would require accomplishing the 

actions specified in the service 

information described previously. 

Differences Between Proposed AD and 

Foreign AD 

Brazilian airworthiness directive 

2005–04–03, dated April 30, 2005, is 

applicable to ‘‘all EMBRAER Model 

EMB–145( ) and EMB–135( ) aircraft 

models in operation.’’ However, this 

does not agree with EMBRAER Service 

Bulletins 145LEG–53–0020 and 145–53–

0057, which state that only certain 

EMBRAER Model EMB–135 airplanes 

and Model EMB–145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP 

airplanes are affected and identify the 

affected airplanes by serial number. 

This proposed AD would be applicable 

only to the airplanes identified in the 

service bulletins. 

Brazilian airworthiness directive 

2005–04–03 specifies modifying the 

Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules 52041 

APU firewall upper frame, part number 

(P/N) 145–51249–001. However, the 

service bulletins specify that the APU 

firewall upper frame may have P/N 145–

51249–001 or 120–10731–001. APU 

firewall upper frames having either part 

number are subject to the identified 

unsafe condition. Therefore, this 

proposed AD would require modifying 

the APU firewall upper frame, P/N 145–

51249–001 or 120–10731–001. 

These differences have been 

coordinated with the DAC. 

Costs of Compliance 

This proposed AD would affect about 

620 airplanes of U.S. registry. The 

proposed actions would 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 

the proposed 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 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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 the proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

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 proposed 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, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

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): 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2005–

22256; Directorate Identifier 2005–NM–

113–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by October 3, 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, dated November 30, 2004; 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, dated 

November 30, 2004; certificated in any 

category. 

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 prevent smoke from 

entering the passenger cabin in the event of 

a 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. 

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 (for Model 

EMB–135BJ airplanes); or Service Bulletin 

145–53–0057 (for Model EMB–135ER, 

–135KE, –135KL, and –135LR airplanes; and 

Model EMB–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP airplanes); 

both dated November 30, 2004; as applicable. 

Alternative Methods of Compliance 

(AMOCs) 

(g) 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. 

Related Information 

(h) Brazilian airworthiness directive 2005–

04–03, dated April 30, 2005, also addresses 

the subject of this AD. 

Issued in Renton, Washington, on August 

24, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–17403 Filed 8–31–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22255; Directorate 

Identifier 2005–NM–106–AD] 

RIN 2120–AA64 

Airworthiness Directives; Saab Model 

SAAB 2000 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Saab Model SAAB 2000 

airplanes. This proposed AD would 

require modifying the manual featherand-unfeather system for the propellers 

to make the design of the system more 

robust. This proposed AD results from 

reports of in-flight engine shutdown 

caused by uncommanded operation of 

the feather pump of the propeller. We 

are proposing this AD to prevent 

uncommanded feathering of the 

propeller, which could result in the 

shutdown of an engine during flight and 

consequent reduced controllability of 

the airplane. 

DATES: We must receive comments on 

this proposed AD by October 3, 2005.