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 

57216 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 

attachment rod is installed and to check 

the torque value of the attachment bolts, 

and doing any corrective actions if 

necessary. This proposed AD results 

from the finding of missing rods, which 

attach the passenger seat tracks to the 

airplane structure to absorb loads. We 

are proposing this AD to detect and 

correct missing attachment rods, which 

could result in reducing the ability of 

the seat to withstand a hard landing or 

rejected takeoff and possible injury to 

passengers. 

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. 

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. Send your 

comments to an address listed in the 

ADDRESSES section. Include the docket 

number ‘‘FAA–2005–22561; Directorate 

Identifier 2005–NM–136–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 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 airplanes. 

The DAC advises that the rods that 

attach the passenger seat tracks to the 

airplane structure might not have been 

installed during production of certain 

EMBRAER Model ERJ 170 airplanes. 

The attachment rods and adjacent web 

shears enable the seat to absorb loads. 

Missing attachment rods, if not detected 

and corrected, could result in reducing 

the ability of the seat to withstand a 

hard landing or rejected takeoff and 

possible injury to passengers. 

Relevant Service Information 

EMBRAER has issued Service Bulletin 

170–53–0010, dated January 12, 2005. 

The service bulletin describes 

procedures for visually inspecting the 

seat track attachments to determine if 

the attachment rod is installed and to 

check the torque value of the attachment 

bolts, and doing any corrective actions 

if necessary. The corrective actions 

include installing an attachment rod if 

it is missing and re-torquing any 

attachment bolt that is under-torqued or 

over-torqued. 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 

2005–04–05, dated April 30, 2005, to 

ensure the continued airworthiness of 

these airplanes in Brazil. 

FAA’s Determination and Requirements 

of the Proposed AD 

This airplane model is manufactured 

in Brazil and is 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 under ‘‘Clarification 

of Inspection Terminology.’’

Clarification of Inspection Terminology 

The ‘‘visual inspection’’ specified in 

Brazilian airworthiness directive 2005–

04–05 and the EMBRAER service 

bulletin is referred to as a ‘‘general 

visual inspection’’ in this proposed AD. 

We have included the definition for a 

general visual inspection in a note in 

the proposed AD. 

Costs of Compliance 

This proposed AD would affect about 

43 airplanes of U.S. registry. The 

proposed inspection 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 

$2,795, or $65 per airplane. 

The proposed modification, if 

necessary, would take about 2 work 

hours per airplane, at an average labor 

rate of $65 per work hour. Required 

parts would be about $860 per airplane. 

Based on these figures, the estimated 

cost of the proposed modification would 

be $990 per airplane, if necessary. 

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 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 57217 

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–

22561; Directorate Identifier 2005–NM–

136–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 

ERJ 170–100LR, –100 STD, –100SE, and –100 

SU airplanes, certificated in any category; 

having serial numbers 17000007 through 

17000013 inclusive, 17000015, 17000016, 

and 17000018 through 17000043 inclusive. 

Unsafe Condition 

(d) This AD results from the finding of 

missing rods, which attach the passenger seat 

tracks to the airplane structure to absorb 

loads. We are issuing this AD to detect and 

correct missing attachment rods, which could 

result in reducing the ability of the seat to 

withstand a hard landing or rejected takeoff 

and possible injury to passengers. 

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. 

Inspection and Modification if Necessary 

(f) Within 700 flight hours after the 

effective date of this AD, do a general visual 

inspection of the passenger seat track 

attachments to determine if the attachment 

rod is installed and to check the torque value 

of the attachment bolts, and do any 

applicable corrective actions, by 

accomplishing all of the applicable actions 

specified in the Accomplishment 

Instructions of EMBRAER Service Bulletin 

170–53–0010, dated January 12, 2005. Do any 

applicable corrective actions before further 

flight. 

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

Alternative Methods of Compliance 

(AMOCs) 

(g)(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 14 CFR 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 

(h) Brazilian airworthiness directive 2005–

04–05, dated April 30, 2005, also addresses 

the subject of this AD. 

Issued in Renton, Washington, on 

September 20, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19567 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–2005–22560; Directorate 

Identifier 2005–NM–061–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Model Falcon 2000 Airplanes Equipped 

With CFE Company CFE738–1–1B 

Turbofan Engines 

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 Dassault Model Falcon 2000 

airplanes equipped with CFE Company 

CFE738–1–1B turbofan engines. This 

proposed AD would require 

determining the serial number of the 

engines installed on the airplane, 

inspecting any affected engine to verify 

that a spherical bearing is installed on 

the attachment fitting of the engine 

mount, and corrective action if 

necessary. This proposed AD results 

from a report of a missing spherical 

bearing on the attachment fitting of the 

front engine mount on an in-service 

airplane, and subsequent damage and 

abnormal fatigue of the attachment 

fitting. We are proposing this AD to 

prevent reduced structural integrity of 

the engine mount, which could result in 

possible separation of an engine from 

the airplane. 

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