This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

56858 

Vol. 70, No. 188 

Thursday, September 29, 2005 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22525; Directorate 

Identifier 2005–NM–149–AD] 

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: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain EMBRAER airplanes listed 

above. This proposed AD would 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. This proposed 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 proposing 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: We must receive comments on 

this proposed AD by October 31, 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. 

For service information identified in 

this proposed 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, 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–2005–22525; 

Directorate Identifier 2005–NM–149– 

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 certain 

EMBRAER Model EMB–135BJ, –135ER, 

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

and certain Model EMB–145, –145ER, 

–145MR, –145LR, –145XR, –145MP, and 

–145EP airplanes. Affected airplanes are 

equipped with Airborne Model C–14 

auxiliary power units (APUs). The DAC 

advises that it has received 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. 

Fuel accumulation and subsequent 

flammable fuel vapors in the APU 

cowling, combined with an ignition 

source, if not corrected, could result in 

ignition of fuel vapors and fire or 

explosion 

Relevant Service Information 

EMBRAER has issued Service 

Bulletins 145LEG–49–0006 (for Model 

EMB–135BJ airplanes) and 145–49–0029 

(for all remaining affected airplanes), 

both dated April 20, 2005. The service 

bulletins describe procedures for 

modifying the APU compartment drain 

system by installing a scavenge pump, 

supports, tubes, and hoses; and 

reworking the APU installation by 

removing a combustor drain hose and 

installing an aluminum round bar to the 

drain collector. For APUs having certain 

cowlings, Service Bulletin 145–49–0029 

recommends the concurrent 

accomplishment of the actions specified 

in EMBRAER Service Bulletin 145–49– 

0023. Service Bulletin 145–49–0023, 

Revision 01, dated April 25, 2005, 

describes procedures for replacing the 

APU exhaust assembly with a new APU 

exhaust assembly. Accomplishing the 

actions specified in the service 

information is intended to adequately 

address the unsafe condition. The DAC 

Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Proposed Rules 56859 

mandated the service information and 

issued Brazilian airworthiness directive 

2005–08–05, effective September 6, 

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, 

except as discussed below. 

Difference Between Proposed AD and 

Brazilian Airworthiness Directive 

The Brazilian airworthiness directive 

applies to ‘‘all EMB–145( ) and EMB–

135( ) aircraft models in operation, 

equipped with Model T–62T–40C14 

APU.’’ This proposed AD would further 

limit the applicability to airplanes 

having serial numbers below 14500927. 

We have been informed that airplanes at 

and above that serial number will be 

modified in production. This difference 

has been coordinated with the DAC. 

Costs of Compliance 

This proposed AD would affect about 

800 airplanes of U.S. registry. The 

proposed pump installation would take 

about 15 work hours per airplane, at an 

average labor rate of $65 per work hour. 

Required parts would cost about $1,768 

or $1,967 per airplane. Based on these 

figures, the estimated cost of the 

proposed AD 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 

proposed 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 the 

proposed AD 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 

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–

22525; Directorate Identifier 2005–NM–

159–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by October 31, 2005. 

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) or 145–49–0029 (for all remaining 

airplanes), both dated April 20, 2005. 

Concurrent Requirements 

(g) For airplanes with an APU cowling part 

number (P/N) 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. 

56860 Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Proposed Rules 

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. 

Issued in Renton, Washington, on 

September 16, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19238 Filed 9–28–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22526; Directorate 

Identifier 2005–NM–008–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–200F, 747–200C, 747–400, 

747–400D, and 747–400F Series 

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 all 

Boeing Model 747–200F, 747–200C, 

747–400, 747–400D, and 747–400F 

series airplanes. This proposed AD 

would require repetitive inspections for 

cracking of certain fuselage internal 

structure, and repair if necessary. This 

proposed AD is prompted by fatigue 

tests and analysis that identified areas of 

the fuselage where fatigue cracks can 

occur. We are proposing this AD to 

prevent loss of the structural integrity of 

the fuselage, which could result in rapid 

depressurization of the airplane. 

DATES: We must receive comments on 

this proposed AD by November 14, 

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. 

• By 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. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207. 

You can examine the contents of this 

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., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC. 

This docket number is FAA–2005–

22526; the directorate identifier for this 

docket is 2005–NM–008–AD. 

FOR FURTHER INFORMATION CONTACT: Ivan 

Li, Aerospace Engineer, Airframe 

Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 917–6437; 

fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2005–22526; Directorate Identifier 

2005–NM–008–AD’’ in the subject line 

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 

submitted 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 can 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you can visit http:// 

dms.dot.gov. 

Examining the Docket 

You can 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 DMS 

receives them. 

Discussion 

Boeing has completed extended 

pressure fatigue tests on a Boeing Model 

747SR and a 747–400 fuselage test 

article. Boeing has also used updated 

analysis methods on the 747 fuselage 

structure. The tests and analysis have 

identified areas of the fuselage where 

fatigue cracks can occur. This condition, 

if not corrected, could result in loss of 

the structural integrity of the fuselage 

and consequent rapid depressurization 

of the airplane. 

Related AD 

On May 14, 2002, we issued AD 

2002–10–10, amendment 39–12756 (67 

FR 36081, May 23, 2002). That AD 

applies to certain Boeing Model 747 

airplanes. That AD requires repetitive 

inspections to detect cracks in various 

areas of the fuselage internal structure, 

and repair if necessary. This proposed 

AD would require similar inspections 

for Model 747 airplanes that are not 

identified in the applicability of AD 

2002–10–10. 

We also issued AD 2004–07–22, 

amendment 39–13566 (69 FR 18250, 

April 7, 2004), as corrected (69 FR 

19618, April 13, 2005), and as further 

corrected (69 FR 24063, May 3, 2005). 

That AD applies to all Boeing Model 

747 series airplanes and requires that 

the FAA-approved maintenance 

inspection program be revised to 

include inspections that will give no 

less than the required damage tolerance 

rating for each structural significant 

item, and repair of cracked structure. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin 747–53A2500, dated 

December 21, 2004. Procedures for 

repetitive inspections for cracks are 

listed in the following table: