Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 57213 

records kept by the NPPO of Peru or its 

designated representative must be made 

available to APHIS upon request. 

(f) Cold treatment. The fruit must be 

cold treated for Anastrepha fraterculus, 

A. obliqua, A. serpentina, and Ceratitis 

capitata (Mediterranean fruit fly) in 

accordance with part 305 of this 

chapter. 

(g) Phytosanitary inspection. Each 

consignment of fruit must be 

accompanied by a phytosanitary 

certificate issued by the NPPO of Peru 

stating that the fruit has been inspected 

and found free of Ecdytolopha 

aurantiana. 

(h) Port of first arrival sampling. 

Citrus fruits imported from Peru are 

subject to inspection by an inspector at 

the port of first arrival into the United 

States in accordance with § 319.56–

2d(b)(8). At the port of first arrival, an 

inspector will sample and cut citrus 

fruits from each shipment to detect pest 

infestation. If a single live fruit fly in 

any stage of development or a single E. 

aurantiana is found, the shipment will 

be held until an investigation is 

completed and appropriate remedial 

actions have been implemented. 

Done in Washington, DC, this 27th day of 

September 2005. 

W. Ron DeHaven, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 05–19574 Filed 9–29–05; 8:45 am] 

BILLING CODE 3410–34–U 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22558; Directorate 

Identifier 2005–NM–107–AD] 

RIN 2120–AA64 

Airworthiness Directives; Cessna 

Model 500, 550, S550, 560, 560XL, and 

750 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 Cessna Model 500, 550, S550, 

560, 560XL, and 750 airplanes. This 

proposed AD would require installing 

identification sleeves on the wires for 

the positive and negative terminal studs 

of the engine and/or auxiliary power 

unit (APU) fire extinguishing bottles, as 

applicable, and re-connecting the wires 

to the correct terminal studs. This 

proposed AD results from a report of 

mis-wired fire extinguishing bottles. We 

are proposing this AD to ensure that the 

fire extinguishing bottles are activated 

in the event of an engine or APU fire, 

and that flammable fluids are not 

supplied during a fire, which could 

result in an unextinguished fire in the 

nacelle or APU. 

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. 

• 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 Cessna Aircraft Co., P.O. Box 

7706, Wichita, Kansas 67277, for the 

service information identified in this 

proposed AD. 

FOR FURTHER INFORMATION CONTACT: 

Robert D. Adamson, Aerospace 

Engineer, Systems and Propulsion 

Branch, ACE–116W, FAA, Wichita 

Aircraft Certification Office, 1801 

Airport Road, Room 100, Mid-Continent 

Airport, Wichita, Kansas 67209; 

telephone (316) 946–4145; fax (316) 

946–4107. 

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–2005–22558; 

Directorate Identifier 2005–NM–107–

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 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 

We have received a report indicating 

that the auxiliary power unit (APU) fire 

extinguishing system was mis-wired on 

some Cessna Model 750 airplanes. 

Although the main engine fire 

extinguishing system on all Cessna 

Model 750 airplanes is wired correctly, 

further investigation revealed that the 

fire extinguishing systems on the main 

engines of Cessna Model 500, 550, S550, 

560 airplanes, and on the main engines 

and APUs of Cessna Model 560XL 

airplanes may not be wired correctly. 

Therefore, all of these models may be 

subject to the same or similar unsafe 

condition found on the Cessna Model 

750 APU installation. The engine and 

APU fire extinguishing bottles on these 

airplane models have positive and 

negative terminal studs that are the 

same size, so it is possible to crossconnect the wiring of the positive and 

negative leads. If the wiring is crossconnected and the fire extinguishing 

bottles are activated, the circuit breaker 

may trip due to the direct ground on the 

positive lead, and no fire extinguishing 

agent would be expelled. In addition, 

with the exception of the Model 750 

APU installation, the tripped circuit 

breaker removes power from the fuel 

and hydraulic firewall shutoff valves, 

which are powered closed from a 

normally open state, and from the 

associated cockpit indications. As a 

result, flammable fluids could continue 

to be supplied to the area during a fire. 

It should be noted that the APU 

57214 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 

installation on the Cessna Model 750 

airplanes has a solenoid valve that is 

powered open from the normally closed 

state and would close to shut off fuel 

with the disruption of power. The 

circuit breaker that provides power to 

the extinguishing bottle differs from the 

circuit breaker that controls the shutoff 

valve that is powered on. Finally, the 

flightcrew would know that the fire had 

not been extinguished because the 

engine fire annunciator would stay 

illuminated, and the annunciators for 

the firewall shutoff valve may not 

illuminate if the valve does not close. 

Thus, the flightcrew would not know 

why the fire had not been extinguished. 

These conditions, if not corrected, could 

result in an unextinguished fire in the 

nacelle or APU. 

Relevant Service Information 

We have reviewed the Cessna service 

bulletins in the table below. 

CESSNA SERVICE BULLETINS

For Cessna airplane model Service bulletin Revision Date 

500 ........................................................................................................................... 500–26–02 ....... Original ............. April 1, 2005. 

550 ........................................................................................................................... 550–26–05 ....... Original ............. April 1, 2005. 

S550 ......................................................................................................................... S550–26–02 ..... Original ............. April 1, 2005. 

560 ........................................................................................................................... 560–26–01 ....... Original ............. April 1, 2005. 

560XL ....................................................................................................................... 560XL–26–02 ... 1 ....................... December 22, 2004. 

750 ........................................................................................................................... 750–26–05 ....... Original ............. November 24, 2004. 

The service bulletins describe 

procedures for installing identification 

sleeves on the wires for the positive and 

negative terminal studs of the engine 

and/or APU fire extinguishing bottles; 

re-connecting the wires to the correct 

studs; testing the connection; and, for 

all but the Cessna Model 750 airplanes, 

re-connecting the wires if necessary 

until the connection tests correctly. For 

Cessna Model 500, 550, S550, and 560 

airplanes, these actions are done for the 

engine fire extinguishing bottles only. 

For Cessna Model 750 airplanes, these 

actions are done for the APU fire 

extinguishing bottle only. For Cessna 

Model 560XL airplanes, this action is 

done for both the engine and the APU 

fire extinguishing bottles. The service 

bulletins also specify that operators 

should send a maintenance transaction 

report to the manufacturer. 

Accomplishing the actions specified in 

the service information is intended to 

adequately address the unsafe 

condition. 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other airplanes of this same 

type design. For this reason, we are 

proposing this AD, which would require 

accomplishing the actions specified in 

the service information described 

previously, except as discussed under 

‘‘Differences Between the Proposed AD 

and the Service Bulletins.’’

Differences Between the Proposed AD 

and the Service Bulletins 

Operators should note that, although 

the Accomplishment Instructions of the 

referenced service bulletins describe 

procedures for submitting a 

maintenance transaction report to the 

manufacturer, this proposed AD would 

not require that action. We do not need 

this information from operators. 

Clarification of Service Bulletin 750– 

26–05 

Although Cessna Service Bulletin 

750–26–05 does not specify procedures 

for re-connecting the wires if necessary 

until the connection tests correctly, that 

action is implied in the service bulletin 

and would be required in this proposed 

AD. 

Costs of Compliance 

There are about 2,801 airplanes of the 

affected design in the worldwide fleet. 

The following table provides the 

estimated costs for U.S. operators to 

comply with this proposed AD. 

ESTIMATED COSTS

Modification for Cessna model— Work hours Average labor 

rate per hour Parts Cost per airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

500, 550, S550, and 560 airplanes ......... 3 $65 $50 $245 1,827 $447,615 

560XL airplanes ....................................... 4 65 100 360 331 119,160 

750 airplanes ........................................... 2 65 25 155 211 32,705 

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: 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 57215 

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): 

Cessna Aircraft Company: Docket No. FAA–

2005–22558; Directorate Identifier 2005–

NM–107–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by November 14, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Cessna Model 500, 

550, S550, 560, 560XL, and 750 airplanes, 

certificated in any category; as identified in 

the service bulletins in Table 1 of this AD. 

TABLE 1.—CESSNA SERVICE BULLETINS

Service bulletin Revision Date 

Cessna 

model 

(airplanes) 

500–26–02 ..................................................................................................................... Original ............. April 1, 2005 ................ 500 

550–26–05 ..................................................................................................................... Original ............. April 1, 2005 ................ 550 

S550–26–02 .................................................................................................................. Original ............. April 1, 2005 ................ S550 

560–26–01 ..................................................................................................................... Original ............. April 1, 2005 ................ 560 

560XL–26–02 ................................................................................................................ 1 ....................... December 22, 2004 .... 560XL 

750–26–05 ..................................................................................................................... Original ............. November 24, 2004 .... 750 

Unsafe Condition 

(d) This AD results from a report of miswired fire extinguishing bottles. We are 

issuing this AD to ensure that the fire 

extinguishing bottles are activated in the 

event of an engine or auxiliary power unit 

(APU) fire, and that flammable fluids are not 

supplied during a fire, which could result in 

an unextinguished fire in the nacelle or APU. 

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 

(f) Within 100 flight hours or 60 days after 

the effective date of this AD, whichever 

occurs first: Install identification sleeves on 

the wires for the positive and negative 

terminal studs of the applicable fire 

extinguishing bottles identified in paragraphs 

(f)(1), (f)(2), and (f)(3) of this AD; re-connect 

the wires to the correct studs; test the 

connection; and re-connect the wires again as 

applicable until the connection tests 

correctly. Do all actions in accordance with 

the Accomplishment Instructions of the 

applicable service bulletin in Table 1 of this 

AD. 

(1) For Cessna Model 500, 550, S550, and 

560 airplanes: The engine fire extinguishing 

bottles. 

(2) For Cessna Model 560XL airplanes: The 

engine and the APU fire extinguishing 

bottles. 

(3) For Cessna Model 750 airplanes: The 

APU fire extinguishing bottle. 

No Reporting Requirement 

(g) Although the Accomplishment 

Instructions of the service bulletins identified 

in Table 1 of this AD describe procedures for 

submitting a maintenance transaction report 

to the manufacturer, this AD does not require 

that action. 

Actions Accomplished in Accordance With 

Earlier Revision of Service Bulletin 

(h) Actions done before the effective date 

of this AD in accordance with the 

Accomplishment Instructions of Cessna 

Service Bulletin 560XL–26–02, dated 

November 22, 2004, are acceptable for 

compliance with the corresponding action in 

this AD. 

Parts Installation 

(i) After the effective date of this AD, no 

person may install on any airplane a fire 

extinguishing bottle unless identification 

sleeves on the wires for the positive and 

negative terminal studs have been installed 

in accordance with paragraph (f) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Wichita Aircraft 

Certification Office (ACO), 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. 

Issued in Renton, Washington, on 

September 21, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19568 Filed 9–29–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22561; Directorate 

Identifier 2005–NM–136–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 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 ERJ 170 

airplanes. This proposed AD would 

require doing a general visual 

inspection of the passenger seat track 

attachments to determine if the