[Federal Register Volume 70, Number 169 (Thursday, September 1, 2005)]
[Proposed Rules]
[Pages 52040-52041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17403]



[[Page 52040]]

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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]
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).

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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.
    <bullet> DOT Docket web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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

[[Page 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.


Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  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