70044 Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Rules and Regulations 

TABLE 1.—ACCEPTABLE BOEING SERVICE BULLETINS

Boeing— Revision level— Dated—

Service Bulletin 767–25–0078 ............................................................................... Original .................................................. June 25, 1987. 

Service Bulletin 767–25–0078 ............................................................................... 1 ............................................................ May 19, 1988. 

Service Bulletin 767–25–0078 (see paragraph (h) of this AD) ............................. 2 ............................................................ March 16, 1989. 

Special Attention Service Bulletin 767–25–0078 ................................................... 3 ............................................................ July 12, 2001. 

(h) Boeing Special Attention Service 

Bulletin 767–25–0078, Revision 2, dated 

March 16, 1989, allows for replacement of 

the hinge assemblies on an attrition basis 

(replacing the existing hinge assembly when 

it is broken or worn beyond functionality 

with a new hinge assembly). For this reason, 

airplanes that have been modified in 

accordance with Boeing Special Attention 

Service Bulletin 767–25–0078, Revision 2, 

dated March 16, 1989, may still have some 

hinge assemblies that have not been replaced 

or reworked per the service bulletin. In such 

cases, this AD requires that all applicable 

hinge assemblies be replaced and reworked 

within the compliance time specified in 

paragraph (f) of this AD. 

Parts Installation 

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

one may install a hinge assembly in the 

outboard overhead stowage bins, having part 

number 413T1017–( ) on any airplane to 

which this AD applies. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Seattle 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. 

Material Incorporated by Reference 

(k) You must use Boeing Special Attention 

Service Bulletin 767–25–0078, Revision 4, 

dated June 10, 2004, to perform the actions 

that are required by this AD, unless the AD 

specifies otherwise. The Director of the 

Federal Register approved the incorporation 

by reference of this document in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Contact Boeing Commercial Airplanes, P.O. 

Box 3707, Seattle, Washington 98124–2207, 

for a copy of this service information. You 

may review copies at the Docket Management 

Facility, U.S. Department of Transportation, 

400 Seventh Street, SW., room PL–401, 

Nassif Building, Washington, DC; on the 

Internet at http://dms.dot.gov; or at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at the NARA, 

call (202) 741–6030, or go to http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on October 

20, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–22791 Filed 11–18–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22256; Directorate 

Identifier 2005–NM–113–AD; Amendment 

39–14378; AD 2005–23–20] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 

Airplanes, and Model EMB–145, 

–145ER, –145MR, –145LR, –145XR, 

–145MP, and –145EP Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

EMBRAER Model EMB–135 airplanes, 

and Model EMB–145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP 

airplanes. This AD requires 

modification of the upper frame of the 

firewall for the auxiliary power unit 

(APU). This AD results from the 

discovery of a hole in the upper frame 

of the firewall for the APU. 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. 

If the APU compartment is not isolated, 

smoke could enter the passenger cabin 

in the event of an APU fire. 

DATES: This AD becomes effective 

December 27, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of December 27, 2005. 

ADDRESSES: You may examine the 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., Nassif Building, room PL–401, 

Washington, DC. 

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 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: 

Examining the Docket 

You may examine the airworthiness 

directive (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 street address stated in the 

ADDRESSES section. 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to certain EMBRAER Model 

EMB–135 airplanes, and Model EMB–

145, –145ER, –145MR, –145LR, –145XR, 

–145MP, and –145EP airplanes. That 

NPRM was published in the Federal 

Register on September 1, 2005 (70 FR 

52040). That NPRM proposed to require 

modification of the upper frame of the 

firewall for the auxiliary power unit 

(APU). 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Request To Reference Latest Revision of 

EMBRAER Service Bulletins 

One commenter, the manufacturer, 

requests that the NPRM be revised to 

reference EMBRAER Service Bulletin 

145LEG–53–0020, Revision 01, dated 

September 21, 2005; and EMBRAER 

Service Bulletin 145–53–0057, Revision 

01, dated September 20, 2005 

Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Rules and Regulations 70045 

(EMBRAER Service Bulletin 145LEG–

53–0020, dated November 30, 2004; and 

EMBRAER Service Bulletin 145–53–

0057, dated November 30, 2004; are 

referenced as the appropriate sources of 

service information for doing the actions 

specified in the NPRM). The same 

commenter also requests that EMBRAER 

Service Bulletin 145LEG–53–0020, 

dated November 30, 2004; and 

EMBRAER Service Bulletin 145–53–

0057, dated November 30, 2004; be 

considered acceptable for compliance 

with the NPRM if done before the 

effective date of the AD. 

We agree with the commenter. The 

procedures in Revision 01 of EMBRAER 

Service Bulletin 145LEG–53–0020 are 

essentially the same as those in the 

original issue of the service bulletin. 

Revision 01 was issued to revise the 

rivet installation figure. The procedures 

in Revision 01 of EMBRAER Service 

Bulletin 145–53–0057 are essentially the 

same as those in the original issue of 

that service bulletin. Revision 01 was 

issued to revise the rivet installation 

figure. Revision 01 was also issued to 

revise the effectivity of the service 

bulletin by removing 15 airplanes. 

These airplanes have an APU bleed 

valve support that covers the hole in the 

upper frame of the firewall for the APU; 

therefore these airplanes are not affected 

by the unsafe condition addressed by 

this AD. 

We have revised the final rule to 

reference EMBRAER Service Bulletin 

145LEG–53–0020, Revision 01, dated 

September 21, 2005; and EMBRAER 

Service Bulletin 145–53–0057, Revision 

01, dated September 20, 2005. We have 

also added a new paragraph (g) to this 

AD to state that actions accomplished 

before the effective date of the AD 

according to the previous issues of the 

service bulletins are acceptable for 

compliance with the corresponding 

requirements of this AD. 

Request To Revise Paragraph (d) 

The same commenter requests that we 

revise the unsafe condition specified in 

paragraph (d) of the NPRM. The 

commenter states that ‘‘the modification 

intends to isolate APU compartment 

from the remaining of the aircraft and 

comply with the firewall sealing 

requirement, not only prevent smoke 

from entering the passenger cabin in 

consequence of a fire in the APU 

compartment.’’ The commenter suggests 

using the following wording: ‘‘We are 

issuing this AD to rework the APU 

firewall and ensure it will perform 

adequately its intended function of 

isolate [sic] the APU compartment from 

the remaining of the aircraft in the event 

of a fire in the APU compartment.’’

We agree with the commenter that 

this AD is intended to ensure that the 

APU compartment is isolated from the 

rest of the airplane in the event of an 

APU fire. If the APU compartment is not 

isolated, smoke could enter the 

passenger cabin. We have revised the 

unsafe condition specified in the 

Summary section and paragraph (d) of 

this AD. 

Clarification of Alternative Method of 

Compliance (AMOC) Paragraph 

We have revised this action to clarify 

the appropriate procedure for notifying 

the principal inspector before using any 

approved AMOC on any airplane to 

which the AMOC applies. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

received, and determined that air safety 

and the public interest require adopting 

the AD with the changes described 

previously. We have determined that 

these changes will neither increase the 

economic burden on any operator nor 

increase the scope of the AD. 

Costs of Compliance 

This AD will affect about 620 

airplanes of U.S. registry. The actions 

will 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 this AD for U.S. 

operators is $40,300, or $65 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 AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

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 this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

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 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, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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): 

2005–23–20 Empresa Brasileira De 

Aeronautica S.A. (EMBRAER): 

Amendment 39–14378. Docket No. 

FAA–2005–22256; Directorate Identifier 

2005–NM–113–AD. 

Effective Date 

(a) This AD becomes effective December 

27, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

EMB–135BJ airplanes, as identified in 

EMBRAER Service Bulletin 145LEG–53–

0020, Revision 01, dated September 21, 2005; 

and Model EMB–135ER, –135KE, –135KL, 

and –135LR airplanes, and Model EMB–145, 

–145ER, –145MR, –145LR, –145XR, –145MP, 

and –145EP airplanes, as identified in 

EMBRAER Service Bulletin 145–53–0057, 

Revision 01, dated September 20, 2005; 

certificated in any category. 

70046 Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Rules and Regulations 

Unsafe Condition 

(d) This AD results from the discovery of 

a hole in the upper frame of the firewall for 

the auxiliary power unit (APU). 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. If the 

APU compartment is not isolated, smoke 

could enter the passenger cabin 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. 

Modification 

(f) Within 2,500 flight hours or 365 days 

after the effective date of this AD, whichever 

occurs later, modify the APU firewall upper 

frame, part number 145–51249–001 or 120–

10731–001, in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145LEG–53–0020, Revision 

01, dated September 21, 2005 (for Model 

EMB–135BJ airplanes); or EMBRAER Service 

Bulletin 145–53–0057, Revision 01, dated 

September 20, 2005 (for Model EMB–135ER, 

–135KE, –135KL, and –135LR airplanes; and 

Model EMB–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP airplanes); as 

applicable. 

Modifications Accomplished According to 

Previous Issue of Service Bulletins 

(g) Modifications accomplished before the 

effective date of this AD according to 

EMBRAER Service Bulletin 145LEG–53–

0020, dated November 30, 2004; and 

EMBRAER Service Bulletin 145–53–0057, 

dated November 30, 2004; are considered 

acceptable for compliance with the 

corresponding action specified in 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–

04–03, dated April 30, 2005, also addresses 

the subject of this AD. 

Material Incorporated by Reference 

(j) You must use EMBRAER Service 

Bulletin 145LEG–53–0020, Revision 01, 

dated September 21, 2005; or EMBRAER 

Service Bulletin 145–53–0057, Revision 01, 

dated September 20, 2005; as applicable, to 

perform the actions that are required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference of these 

documents in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Contact Empresa 

Brasileira de Aeronautica S.A. (EMBRAER), 

P.O. Box 343—CEP 12.225, Sao Jose dos 

Campos–SP, Brazil, for a copy of this service 

information. You may review copies at the 

Docket Management Facility, U.S. 

Department of Transportation, 400 Seventh 

Street, SW., room PL–401, Nassif Building, 

Washington, DC; on the Internet at http:// 

dms.dot.gov; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at the NARA, call (202) 741–6030, 

or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

November 9, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–22792 Filed 11–18–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 556 and 558 

New Animal Drugs; Florfenicol 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval of a new animal drug 

application (NADA) filed by ScheringPlough Animal Health Corp. The NADA 

provides for the use of florfenicol by 

veterinary feed directive in catfish feed 

for the control of mortality due to 

enteric septicemia of catfish. 

DATES: This rule is effective November 

21, 2005. 

FOR FURTHER INFORMATION CONTACT: Joan 

C. Gotthardt, Center for Veterinary 

Medicine (HFV–130), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 301–827–7571, email: joan.gotthardt@fda.gov. 

SUPPLEMENTARY INFORMATION: ScheringPlough Animal Health Corp., 1095 

Morris Ave., Union, NJ 07083, filed 

NADA 141–246 that provides for use of 

AQUAFLOR (florfenicol) Type A 

medicated article by veterinary feed 

directive to formulate Type C medicated 

feeds for the control of mortality due to 

enteric septicemia of catfish associated 

with Edwardsiella ictaluri. The NADA 

is approved as of October 24, 2005, and 

the regulations are amended in 21 CFR 

556.283 and in part 558 (21 CFR part 

558) by revising § 558.4 and by adding 

new § 558.261 to reflect the approval. 

The basis of approval is discussed in the 

freedom of information summary. 

In accordance with the freedom of 

information provisions of 21 CFR part 

20 and 21 CFR 514.11(e)(2)(ii), a 

summary of safety and effectiveness 

data and information submitted to 

support approval of this application 

may be seen in the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852, between 9 

a.m. and 4 p.m., Monday through 

Friday. 

Under section 573(c) of the Federal 

Food, Drug, and Cosmetic Act (the act) 

(21 U.S.C. 360ccc-2), this approval 

qualifies for 7 years of exclusive 

marketing rights beginning October 24, 

2005, because the new animal drug has 

been declared a designated new animal 

drug by FDA under section 573(a) of the 

act. 

The agency has carefully considered 

the potential environmental impact of 

this action and has concluded that the 

action will not have a significant impact 

on the human environment and that an 

environmental impact statement is not 

required. FDA’s finding of no significant 

impact and the evidence supporting that 

finding, contained in an environmental 

assessment, may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects 

21 CFR Part 556 

Animal drugs, Foods. 

21 CFR Part 558 

Animal drugs, Animal feeds. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR parts 556 and 558 are amended as 

follows: 

PART 556—TOLERANCES FOR 

RESIDUES OF NEW ANIMAL DRUGS 

IN FOOD 

■ 1. The authority citation for 21 CFR 

part 556 continues to read as follows: 

Authority: 21 U.S.C. 342, 360b, 371. 

■ 2. Add paragraphs (b)(3) and (c) in 

§ 556.283 to read as follows: 

§ 556.283 Florfenicol. 

* * * * *