58626 Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Proposed Rules 

the service bulletin; except, where the service 

bulletin specifies a compliance time relative 

to the original issue date of the service 

bulletin, this AD requires compliance relative 

to the effective date of this AD. Where the 

service bulletin specifies a compliance time 

relative to the delivery date of the airplane, 

this AD requires compliance relative to the 

date of issuance of the original standard 

airworthiness certificate. Do any applicable 

corrective action before further flight. Repeat 

the actions at the applicable repeat interval 

specified in Table 1 of paragraph 1.E 

‘‘Compliance’’ of the service bulletin. 

Note 1: Boeing Alert Service Bulletin 747–

27A2396, Revision 1, dated August 4, 2005, 

refers to the Airplane Maintenance Manuals 

(AMMs) in Table 1 of this AD as additional 

sources of service information for 

accomplishing the detailed visual 

inspections, lubrications, freeplay 

measurements, and corrective actions. 

TABLE 1.—ADDITIONAL SOURCES OF

SERVICE INFORMATION

Boeing AMM Subject 

747–100/200/300 AMM ........ 12–21–19 

747–100/200/300 AMM ........ 27–41–06 

747–400 AMM ...................... 12–21–19 

747–400 AMM ...................... 27–41–06 

Previously Accomplished Actions 

(g) For airplanes on which the drive 

mechanism of the horizontal stabilizer was 

replaced before the effective date of this AD 

with a drive mechanism that was not new or 

overhauled, and the detailed and freeplay 

inspections were not accomplished in 

accordance with Boeing Alert Service 

Bulletin 747–27A2396, dated September 4, 

2003: Within 4,000 flight hours or 24 months 

after the effective date of this AD, whichever 

is first, accomplish the inspections, and 

perform any applicable corrective action 

before further flight, in accordance with 

Work Package 3 of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–27A2396, Revision 1, dated August 4, 

2005. 

Parts Installation 

(h) As of the effective date of this AD, no 

person may install on any airplane a 

horizontal stabilizer trim actuator unless it is 

new or has been overhauled in accordance 

with Boeing Alert Service Bulletin 747–

27A2396, Revision 1, dated August 4, 2005; 

or has been inspected, lubricated, and 

measured in accordance with paragraph (f) of 

this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, Seattle Airplane 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. 

Issued in Renton, Washington, on 

September 30, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Airplane Certification Service. 

[FR Doc. 05–20268 Filed 10–6–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22631; Directorate 

Identifier 2005–NM–183–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–120, –120ER, 

–120FC, –120QC, and –120RT 

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 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–120, –120ER, 

–120FC, –120QC, and –120RT airplanes. 

This proposed AD would require 

modifying electrical harnesses located at 

the left- and right-hand wing roots; and 

re-routing and modifying the harness of 

the right-hand outboard flap actuator. 

This proposed AD results from fuel 

system reviews conducted by the 

manufacturer. We are proposing this AD 

to prevent chafed electrical harnesses, 

which could result in a potential source 

of ignition for fuel vapors near a fuel 

tank and consequent fire or fuel tank 

explosion. 

DATES: We must receive comments on 

this proposed AD by November 7, 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: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2474; 

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–2005–22631; Directorate 

Identifier 2005–NM–183–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. 

Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Proposed Rules 58627 

Discussion 

The FAA has examined the 

underlying safety issues involved in 

recent fuel tank explosions on several 

large transport airplanes, including the 

adequacy of existing regulations, the 

service history of airplanes subject to 

those regulations, and existing 

maintenance practices for fuel tank 

systems. As a result of those findings, 

we issued a regulation titled ‘‘Transport 

Airplane Fuel Tank System Design 

Review, Flammability Reduction and 

Maintenance and Inspection 

Requirements’’ (67 FR 23086, May 7, 

2001). In addition to new airworthiness 

standards for transport airplanes and 

new maintenance requirements, this 

rule included Special Federal Aviation 

Regulation No. 88 (‘‘SFAR 88,’’

Amendment 21–78, and subsequent 

Amendments 21–82 and 21–83). 

Among other actions, SFAR 88 

requires certain type design (i.e., type 

certificate (TC) and supplemental type 

certificate (STC)) holders to substantiate 

that their fuel tank systems can prevent 

ignition sources in the fuel tanks. This 

requirement applies to type design 

holders for large turbine-powered 

transport airplanes and for subsequent 

modifications to those airplanes. It 

requires them to perform design reviews 

and to develop design changes and 

maintenance procedures if their designs 

do not meet the new fuel tank safety 

standards. As explained in the preamble 

to the rule, we intended to adopt 

airworthiness directives to mandate any 

changes found necessary to address 

unsafe conditions identified as a result 

of these reviews. 

In evaluating these design reviews, we 

have established four criteria intended 

to define the unsafe conditions 

associated with fuel tank systems that 

require corrective actions. The 

percentage of operating time during 

which fuel tanks are exposed to 

flammable conditions is one of these 

criteria. The other three criteria address 

the failure types under evaluation: 

Single failures, single failures in 

combination with another latent 

condition(s), and in-service failure 

experience. For all four criteria, the 

evaluations included consideration of 

previous actions taken that may mitigate 

the need for further action. 

We have determined that the actions 

identified in this AD are necessary to 

reduce the potential of ignition sources 

inside fuel tanks, which, in combination 

with flammable fuel vapors, could result 

in fuel tank explosions and consequent 

loss of the airplane. 

The Departmento de Aviacao Civil 

(DAC), which is the airworthiness 

authority for Brazil, notified us that an 

unsafe condition may exist on all 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–120, –120ER, 

–120FC, –120QC, and –120RT airplanes. 

The DAC advises that the manufacturer 

conducted a fuel system review and 

found that certain electrical harnesses 

located near the fuel tanks in the wings 

could chafe. Chafed electrical harnesses 

could result in a potential source of 

ignition for fuel vapors near a fuel tank 

and consequent fire or fuel tank 

explosion. 

Relevant Service Information 

EMBRAER has issued Service Bulletin 

120–24–0059, Revision 02, dated March 

18, 2005. The service bulletin describes 

procedures for modifying electrical 

harnesses located at the left- and righthand wing roots; and re-routing and 

modifying the harness of the right-hand 

outboard flap actuator. 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 

2005–06–01, dated June 29, 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. 

Costs of Compliance 

This proposed AD would affect about 

112 airplanes of U.S. registry. The 

proposed actions would take about 8 

work hours per airplane, at an average 

labor rate of $65 per work hour. 

Required parts would cost about $979 

per airplane. Based on these figures, the 

estimated cost of the proposed AD for 

U.S. operators is $167,888, or $1,499 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: 

58628 Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Proposed Rules 

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): 

EMBRAER: Docket No. FAA–2005–22631; 

Directorate Identifier 2005–NM–183–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by November 7, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all EMBRAER Model 

EMB–120, –120ER, –120FC, –120QC, and 

–120RT airplanes, certificated in any 

category. 

Unsafe Condition 

(d) This AD results from fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent chafed 

electrical harnesses, which could result in a 

potential source of ignition for fuel vapors 

near a fuel tank and consequent fire or fuel 

tank 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. 

Corrective Action 

(f) Within 5,000 flight hours after the 

effective date of this AD, modify the 

electrical harnesses located at the left- and 

right-hand wing roots; and re-route and 

modify the harness of the right-hand 

outboard flap actuator; in accordance with 

the Accomplishment Instructions of 

EMBRAER Service Bulletin 120–24–0059, 

Revision 02, dated March 18, 2005. 

Previously Accomplished Actions 

(g) Actions done before the effective date 

of this AD in accordance with EMBRAER 

Service Bulletin 120–24–0059, dated April 6, 

2004; and Revision 01, dated November 9, 

2004; are acceptable for compliance with the 

requirements of paragraph (f) of this AD. 

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–

06–01, dated June 29, 2005, also addresses 

the subject of this AD. 

Issued in Renton, Washington, on 

September 30, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–20269 Filed 10–6–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22628; Directorate 

Identifier 2005–NM–056–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–300, –400, –500, –700, and 

–800 Series Airplanes; Model 747–400 

and –400F Series Airplanes; Model 

757–200 Series Airplanes; Model 767–

300 Series Airplanes; and Model 777–

300 Series Airplanes Equipped With 

Certain Driessen or Showa Galleys or 

Driessen Closets 

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 Boeing transport category 

airplanes. This proposed AD would 

require inspecting to determine if 

certain galleys and closets are installed, 

and replacing the spiral wire wrapping 

of the electrical cables of the galleys and 

closets with new spiral wire wrapping 

if necessary. This proposed AD results 

from testing and reports from the 

manufacturer indicating unacceptable 

flammability properties of wire 

wrapping installed in certain galleys 

and closets. We are proposing this AD 

to prevent fire propagation or smoke in 

the cabin area due to electrical arcing or 

sparking and ignition of the spiral wire 

wrapping. 

DATES: We must receive comments on 

this proposed AD by November 21, 

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–

22628; the directorate identifier for this 

docket is 2005–NM–056–AD. 

FOR FURTHER INFORMATION CONTACT: 

Susan Rosanske, Aerospace Engineer, 

Cabin Safety and Environmental 

Systems Branch, ANM–150S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6448; 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–

2005–22628; Directorate Identifier 

2005–NM–056–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 

website, 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.