67948 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Proposed Rules 

Issued in Renton, Washington, on October 

28, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–22307 Filed 11–8–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22871; Directorate 

Identifier 2005–NM–191–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 

certain EMBRAER Model EMB–120, 

–120ER, –120FC, –120QC, and –120RT 

airplanes. This proposed AD would 

require installing a rivet and washer in 

the hole of the upper frame of the 

auxiliary power unit (APU) firewall. 

This proposed AD results from a report 

indicating that, during production, a 

pinhole was left open at the upper frame 

of the APU firewall. We are proposing 

this AD to ensure that the APU 

compartment is isolated from the rest of 

the airplane in the event of an APU fire. 

DATES: We must receive comments on 

this proposed AD by December 9, 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) 227–2125; 

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–2005–22871; Directorate 

Identifier 2005–NM–191–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–120, –120ER, 

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

The DAC advises that a pinhole used for 

the manufacturing process was left 

open. The hole was at the upper frame 

of the auxiliary power unit (APU) 

firewall. To meet the sealing 

requirements for the firewall, a rivet and 

stainless steel washer must be installed. 

In the event of an APU fire, a hole in 

the firewall would not isolate the APU 

compartment from the rest of the 

airplane. 

Relevant Service Information 

EMBRAER has issued Service Bulletin 

120–53–0080, dated November 30, 2004. 

The service bulletin describes 

procedures for installing a rivet and 

stainless steel washer in the hole of the 

upper frame of the APU firewall. 

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 2005–08–03, 

dated September 5, 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. 

Differences Between the Proposed AD 

and the Brazilian Airworthiness 

Directive 

The Brazilian airworthiness directive 

applies to ‘‘all Embraer EMB–120( ) 

aircraft models in operation.’’ However, 

this proposed AD would apply only to 

the airplanes with the serial numbers 

identified in the EMBRAER service 

bulletin. Airplanes not identified 

receive an equivalent modification 

during production. 

Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Proposed Rules 67949 

Costs of Compliance 

The following table provides the 

estimated costs for U.S. operators to 

comply with this proposed AD. 

ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Parts Cost per airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Rivet installation ................................. 1 $65 Operator-supplied ...... $65 108 $7,020 

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–

22871; Directorate Identifier 2005–NM–

191–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by December 9, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

EMB–120, –120ER, –120FC, –120QC, and 

–120RT airplanes, certificated in any 

category; as identified in EMBRAER Service 

Bulletin 120–53–0080, dated November 30, 

2004. 

Unsafe Condition 

(d) This AD results from a report indicating 

that, during production, a pinhole was left 

open at the upper frame of the auxiliary 

power unit (APU) firewall. We are issuing 

this AD to ensure that the APU compartment 

is isolated from the rest of the airplane in the 

event of an APU fire. 

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. 

Rivet Installation 

(f) Within 4,000 flight hours or 24 months, 

whichever occurs first after the effective date 

of this AD: Install a rivet and washer in the 

hole of the upper frame of the APU firewall, 

in accordance with EMBRAER Service 

Bulletin 120–53–0080, dated November 30, 

2004. 

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 § 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–

08–03, dated September 5, 2005, also 

addresses the subject of this AD. 

Issued in Renton, Washington, on October 

26, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–22304 Filed 11–8–05; 8:45 am] 

BILLING CODE 4910–13–U 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22875; Directorate 

Identifier 2005–NM–179–AD] 

RIN 2120–AA64 

Airworthiness Directives; Short 

Brothers Model SD3–60 SHERPA, 

SD3–SHERPA, and SD3–60 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness