[Federal Register Volume 70, Number 188 (Thursday, September 29, 2005)]
[Proposed Rules]
[Pages 56858-56860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19238]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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

[[Page 56858]]



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).

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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.
    <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.
    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

[[Page 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.


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-
2005-22525; 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.

[[Page 56860]]

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 2005-08-05, 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]
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