Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 70707 

7(k)(2) of the Small Business Act, the 

General Counsel, or designee, must 

make the final conflict of interest 

determination. No Gift shall be solicited 

and/or accepted under these sections of 

the Small Business Act if such 

solicitation and/or acceptance would, in 

the determination of the General 

Counsel (or designee), create a conflict 

of interest. 

(b) For Gifts of services and facilities 

solicited and/or accepted under section 

5(b)(9), the conflict of interest 

determination may be made by 

designated disaster legal counsel. 

§ 106.503 Are there types of Gifts which 

SBA may not solicit and/or accept? 

Yes. SBA shall not solicit and/or 

accept Gifts of or for (or use cash Gifts 

to purchase or engage in) the following: 

(a) Alcohol products; 

(b) Tobacco products; 

(c) Pornographic or sexually explicit 

objects or services; 

(d) Gambling (including raffles and 

lotteries); 

(e) Parties primarily for the benefit of 

Government employees; and 

(f) Any other product or service 

prohibited by law or policy. 

Dated: November 16, 2005. 

Hector V. Barreto, 

Administrator. 

[FR Doc. 05–23126 Filed 11–22–05; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20011; Directorate 

Identifier 2003–NM–22–AD; Amendment 39–

14382; AD 2005–24–02] 

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 superseding an 

existing airworthiness directive (AD), 

which applies to certain EMBRAER 

Model EMB–135 airplanes and Model 

EMB–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP 

airplanes. That AD currently requires 

revising the airplane flight manual 

(AFM) to prohibit in-flight auxiliary 

power unit (APU) starts, and installing 

a placard on or near the APU start/stop 

switch panel to provide such 

instructions to the flightcrew. This new 

AD adds an optional revision to the 

AFM that allows limited APU starts and 

adds a terminating action. This AD 

results from the airplane manufacturer 

developing modifications that revise or 

eliminate the need for restrictions to inflight APU starts. We are issuing this AD 

to prevent flame backflow into the APU 

compartment through the eductor 

during in-flight APU starts, which could 

result in fire in the APU compartment. 

DATES: This AD becomes effective 

December 28, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of December 28, 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 

supersedes AD 2001–10–01, amendment 

39–12226 (66 FR 24049, May 11, 2001), 

for certain EMBRAER Model EMB–135 

and EMB–145 series airplanes. That 

NPRM was published in the Federal 

Register on January 12, 2005 (70 FR 

2057). That NPRM proposed to continue 

to require revising the airplane flight 

manual (AFM) to prohibit in-flight 

auxiliary power unit (APU) starts, and 

installing a placard on or near the APU 

start/stop switch panel to provide such 

instructions to the flightcrew. That 

NPRM also proposed an optional 

revision to the AFM that allows limited 

APU starts and a terminating action. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments that have 

been received on the NPRM. 

Request To Revise Applicability to 

Refer to Model T–62T–40C14 as APS 

500R 

One commenter requests that the 

applicability be revised to refer to 

Model T–62T–40C14 as APS 500R. The 

commenter states that the commercial 

model designation for APU model T–

62T–40C14 is APS 500R. The ‘‘S’’ in 

APS 500R is not a typographical error, 

as stated in the NPRM, and is the correct 

nomenclature. 

We agree with the commenter and 

have revised the applicability of the 

final rule. This revision does not change 

the number of airplanes affected by the 

final rule. 

Request To Revise Description of Part 

Number (P/N) 120–45060–001 

One commenter requests that the 

description of P/N 120–45060–001 in 

the second paragraph of the ‘‘Relevant 

Service Information’’ section of the 

NPRM be revised. The commenter states 

that ‘‘flush-type APU air inlet’’ should 

be revised to ‘‘flush-type air inlet 

frame.’’

We agree with the commenter that the 

part is a flush-type air inlet frame and 

we have revised paragraph (g) of the 

final rule to specify installing a ‘‘flushtype APU air inlet frame.’’ We have not 

revised the ‘‘Relevant Service 

Information’’ section, as that section is 

not restated in the final rule. 

Request To Refer to Latest Revision of 

EMBRAER Service Bulletin 145–49–

0018 

Two commenters request that the 

NPRM refer to the latest revision of 

EMBRAER Service Bulletin 145–49–

0018. One commenter states that 

EMBRAER Service Bulletin 145–49–

0018, Change 03, dated January 3, 2002 

(referenced as the appropriate source of 

service information for accomplishing 

the actions specified in paragraph (h) of 

the NPRM) should be replaced with 

Change 04, dated November 26, 2002. 

The other commenter states that 

70708 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 

Revision 8 is the latest revision of the 

service bulletin. 

We agree to revise the final rule to 

reference EMBRAER Service Bulletin 

145–49–0018, Change 04, dated 

November 26, 2002, which is the latest 

revision. The procedures in Change 04 

of the service bulletin are essentially the 

same as those in Change 03 of the 

referenced service bulletin. We have 

also added Change 03 of the service 

bulletin to paragraph (k) of the final rule 

to state that actions accomplished before 

the effective date of this AD per Change 

03 of the service bulletin are acceptable 

for compliance with the requirements of 

this final rule. 

Request To Revise Description of P/N 

145–48999–401 

Two commenters request that, where 

the NPRM refers to P/N 145–48999–401 

as a flush-type air inlet, the reference 

should be revised to say a raised-type 

APU air inlet frame. One commenter 

states that EMBRAER Service Bulletin 

145–49–0018 (referenced as the 

appropriate source of service 

information for accomplishing the 

actions specified in paragraph (h) of the 

NPRM) refers to P/N 145–48999–401 as 

a raised-type APU air inlet frame. In 

addition, the service bulletin describes 

P/N 145–52453–401 as a raised-type 

APU air inlet frame. 

We agree with the commenters. Both 

part numbers are raised-type APU air 

inlet frames that may be installed in 

accordance with EMBRAER Service 

Bulletin 145–49–0018, Change 04, dated 

November 26, 2002. We have revised 

paragraph (h) of the final rule to specify 

installing a ‘‘raised-type APU air inlet 

frame.’’

Request To Refer to Latest Revision of 

EMBRAER Service Bulletin 145–49–

0009 

Two commenters request that the 

NPRM refer to the latest revision of 

EMBRAER Service Bulletin 145–49–

0009. One commenter states that 

EMBRAER Service Bulletin 145–49–

0009, Change 07, dated September 1, 

2002 (referenced as the appropriate 

source of service information for 

accomplishing the actions specified in 

paragraph (i) of the NPRM) should be 

replaced with Change 08, dated 

September 1, 2003. One commenter also 

notes that the NPRM did not give credit 

for actions done in accordance with 

previous issues because Change 07 of 

the service bulletin contains additional 

actions. The commenter states that the 

only difference in Change 07 is that it 

mentions the new APU exhaust silencer 

P/N 4503801C. The commenter also 

points out that AD 2004–23–09, 

amendment 39–13864 (69 FR 65535), 

mandates the modification of the APU 

exhaust silencer to P/N 4503801C. Thus, 

the commenter requests that operators 

be given credit for previous issues of the 

service bulletin. 

We agree to revise paragraph (i) of the 

final rule to reference EMBRAER 

Service Bulletin 145–49–0009, Change 

09, dated April 12, 2005, which is the 

latest revision. The procedures in 

Change 09 of the service bulletin are 

essentially the same as those in Change 

07 of the service bulletin. We have also 

added Change 03 through Change 08 of 

the service bulletin to paragraph (k) of 

the final rule to state that actions 

accomplished before the effective date 

of this AD per those revisions of the 

service bulletin are acceptable for 

compliance with the corresponding 

requirements of this final rule. 

Request To Allow Previous Alternative 

Methods of Compliance (AMOCs) To Be 

Approved for Paragraphs (g) and (h) 

One commenter requests that AMOC 

paragraph (l)(2) of the NPRM be revised 

to allow previous AMOCs to be 

approved for paragraphs (g) and (h) (in 

addition to paragraph (f)). The 

commenter states that the modifications 

to the APU inlet and exhaust already 

approved as AMOCs for AD 2001–10–01 

ensure a positive pressure differential 

from forward to aft through the 

compartment, preventing any exhaust 

flame from propagating forward into the 

APU compartment. The commenter 

understands that the AMOCs are also 

terminating action for paragraphs (g) 

and (h), not requiring additional action 

from the operators. 

We do not agree to revise paragraph 

(l)(3) of the final rule (specified as 

paragraph (l)(2) in the NPRM). Not all 

existing AMOCs for AD 2001–10–01 are 

terminating action for paragraphs (g) 

and (h). The existing AMOCs have 

various configurations and service 

bulletins that are acceptable for 

compliance with just the revisions, with 

the revisions and part of the terminating 

action, or with the terminating action. 

We have determined that the best way 

to handle such circumstances is for 

operators to request an AMOC in 

accordance with paragraph (l) of the 

final rule, rather than increasing the 

complexity of the AD by addressing 

each existing AMOC’s unique situation. 

We have not revised the final rule in 

this regard. 

Request To Revise NPRM To Reference 

P/Ns or Configurations and Service 

Bulletins That Could Be AMOCs 

Two commenters request that the 

NPRM be revised to reference P/Ns or 

configurations and service bulletins that 

could be AMOCs. One commenter 

references multiple AMOCs for AD 

2001–10–01 that would be acceptable 

for compliance for (f), (g), and (h) of the 

NPRM. The commenter suggests 

eliminating the reference to the service 

bulletin in paragraph (h) and listing all 

acceptable P/Ns for the raised-type APU 

air inlet frame and revising paragraph (i) 

of the NPRM to reference either the 

exhaust silencer or the extended or new 

exhaust pipes. The commenter contends 

these changes would address the unsafe 

condition. 

The other commenter notes that the 

correct configuration of the airplane can 

be achieved through various revisions of 

several service bulletins and includes 

several AMOCs for AD 2001–10–01. 

This commenter suggests that the NPRM 

reference the part number 145–48999–

401 or 145–52452–401 (or later 

approved part numbers) and a silencer 

measurement of 1300 millimeters on 

C14 APU equipped aircraft. As an 

alternative to these changes, the 

commenters suggest that the NPRM 

should list all configurations and 

service bulletin versions that are an 

optional means of terminating the 

NPRM. The commenter states that either 

one of its suggestions allow operators to 

operate their aircraft without having to 

incur additional and excessive 

expenses. 

We disagree with the request to revise 

the final rule to reference P/Ns or 

configurations and service bulletins that 

could be AMOCs. As stated in the 

response to the previous comment, due 

to the number and complexity of 

AMOCs for AD 2001–10–01 and the 

revisions to the various service 

bulletins, we cannot list every 

configuration that could be terminating 

action for paragraph (g) and/or 

paragraph (h) of the final rule. We also 

cannot list part numbers because 

terminating action must be done in a 

method approved by us or in 

accordance with service information we 

have reviewed. However, operators may 

request an AMOC in accordance with 

paragraph (l) of the final rule. We have 

not revised the final rule in this regard. 

Request To Determine if All U.S. 

Operators Are in Compliance 

One commenter suggests that U.S. 

operators be polled to find out if any 

operator is flying airplanes without the 

desired configuration. The commenter 

states that if all operators’ airplanes are 

in the desired configuration, then the 

NPRM may be withdrawn. The 

commenter notes that this suggestion 

has been done on other NPRMs prior to 

this one. 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 70709 

We do not agree with the commenter. 

We have not received confirmation that 

all U.S. operators are in compliance 

with the requirements of the final rule. 

Even if the current U.S.-registered fleet 

is in compliance with the requirements 

of the final rule, the issuance of the rule 

is still necessary to ensure that any 

affected airplane imported and placed 

on the U.S. register in the future will be 

required to be in compliance as well. 

Unless the manufacturer advises us that 

all of the affected airplanes worldwide 

have been modified, it is possible that 

an airplane could be imported to the 

U.S. in the future without being in 

compliance with the final rule. 

Additional Change to Applicability 

We have revised the applicability of 

the NPRM to identify model 

designations as published in the most 

recent type certificate data sheet for the 

affected models. 

Explanation of Changes to Final Rule 

We have also revised certain 

references to the service bulletins in the 

final rule to clarify that the actions are 

done in accordance with the 

accomplishment instructions of the 

service bulletins. 

We have also made minor editorial 

changes to the format of the tables in the 

final rule. 

Clarification of AMOC Paragraph 

We have revised this final rule 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 

that have been 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 

The following table, using an 

estimated labor rate of $65 per work 

hour, provides the estimated costs for 

U.S. operators to comply with this AD. 

ESTIMATED COSTS

Action Work hours Parts Cost per 

airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Installation of placard (required by AD 2001–10–01) ....................... 1 None ........ $65 290 $18,850. 

Terminating action (new action) ........................................................ 4 $1,514 ...... 1,774 290 514,460. 

Concurrent action (new action) ......................................................... 6 $38,500 ... 38,890 290 11,278,100. 

Optional installation of APU air inlet and placard (new optional action).2 397 ........... 527 290 Up to 152,830. 

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 removing amendment 39–12226 (66 

FR 24049, May 11, 2001) and by adding 

the following new airworthiness 

directive (AD): 

2005–24–02 Empresa Brasileira De 

Aeronautica S.A. (EMBRAER): 

Amendment 39–14382. Docket No. 

FAA–2005–20011; Directorate Identifier 

2003–NM–22–AD. 

Effective Date 

(a) This AD becomes effective December 

28, 2005. 

Affected ADs 

(b) This AD supersedes AD 2001–10–01. 

Applicability 

(c) This AD applies to EMBRAER Model 

EMB–135BJ, –135ER, –135KE, –135KL, and 

–135LR airplanes; and Model EMB–145, 

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

and –145EP airplanes; certificated in any 

category; equipped with Hamilton 

Sundstrand auxiliary power unit (APU) 

Model T–62T–40C14 (APS 500R). 

70710 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 

Unsafe Condition 

(d) This AD was prompted by the airplane 

manufacturer developing modifications that 

revise or eliminate the need for restrictions 

to in-flight APU starts. We are issuing this 

AD to prevent flame backflow into the APU 

compartment through the eductor during inflight APU starts, which could result in fire 

in the APU compartment. 

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. 

Requirements of AD 2001–10–01 and New 

Note 

Airplane Flight Manual (AFM) Revision 

(f) Within 25 flight hours or 10 days after 

May 29, 2001 (the effective date of AD 2001–

10–01), whichever occurs first, accomplish 

the actions required by paragraphs (f)(1) and 

(f)(2) of this AD. 

(1) Install a placard on or near the APU 

start/stop switch panel that reads: 

‘‘CAUTION: IN-FLIGHT APU STARTS ARE 

PROHIBITED’’

Note 1: Installing a placard in accordance 

with EMBRAER Alert Service Bulletin 145–

49–A017, dated April 12, 2001, is acceptable 

for compliance with the action required by 

paragraph (f)(1) of this AD. 

(2) Revise the Limitations section of the 

AFM to include the information on the 

placard, as specified in paragraph (f)(1) of 

this AD, and to limit APU starts to ground 

conditions only. This may be accomplished 

by inserting a copy of this AD in the AFM. 

Note 2: Because APU starts are prohibited 

in flight when an engine-driven generator is 

inoperative, the APU must be started on the 

ground in order to dispatch, and the APU 

must be kept operational for the entire flight. 

Terminating Requirements of This AD and 

Optional Action 

Optional New Limitations for APU Starts 

(g) Doing the actions specified in 

paragraphs (g)(1) and (g)(2) of this AD in 

accordance with the Accomplishment 

Instructions of EMBRAER Service Bulletin 

145–49–0017, Change 01, dated June 7, 2001, 

terminates the requirements of paragraph (f) 

of this AD. 

(1) Measure the gap between the APU and 

the APU exhaust silencer, install a flush-type 

APU air inlet frame, and install or replace, 

as applicable, the placard on or near the APU 

start/stop switch panel with a placard that 

reads: 

‘‘CAUTION: IN-FLIGHT APU STARTS ARE 

LIMITED TO FLIGHT ENVELOPE UP TO 

15KFT/320KIAS (NORMAL APU STARTS) 

OR 15KFT/200KIAS (BATTERY SUPPORT 

ONLY)’’

(2) Revise the Limitations section of the 

AFM to include the information on the 

placard specified in paragraph (g)(1) of this 

AD to limit APU starts. This may be 

accomplished by inserting a copy of this AD 

in the AFM. Remove any existing copy of AD 

2001–10–01 from the AFM. 

Terminating Action for This AD 

(h) Within 8,000 flight hours after the 

effective date of this AD, measure the gap 

between the APU and the APU exhaust 

silencer, install a raised-type APU air inlet 

frame, remove any placard on or near the 

APU start/stop switch panel that limits APU 

starts, and reidentify the APU cowling, in 

accordance with the Accomplishment 

Instructions of EMBRAER Service Bulletin 

145–49–0018, Change 04, dated November 

26, 2002, except as provided by paragraph (j) 

of this AD. Doing the actions in paragraph (h) 

of this AD terminates the requirements of 

paragraphs (f) and (g) of this AD, and any 

copy of AD 2001–10–01 or this AD may be 

removed from the AFM. 

Prior to or Concurrent Requirements 

(i) Prior to or concurrently with the actions 

specified in paragraphs (g) and (h) of this AD, 

install an APU silencer in accordance with 

the Accomplishment Instructions of 

EMBRAER Service Bulletin 145–49–0009, 

Change 09, dated April 12, 2005. 

Contact the FAA or Departmento de Aviacao 

Civil (DAC) 

(j) If, during the actions specified in 

paragraphs (g) and (h) of this AD, any 

measurement exceeds the limits specified in 

EMBRAER Service Bulletin 145–49–0017, 

Change 01, dated June 7, 2001; or EMBRAER 

Service Bulletin 145–49–0018, Change 04, 

dated November 26, 2002; as applicable; and 

the service bulletin specifies to contact 

EMBRAER: Before further flight, repair per a 

method approved by either the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA; or the DAC (or its 

delegated agent). 

Actions Accomplished According to 

Previous Issue of Service Bulletin 

(k) Actions accomplished before the 

effective date of this AD according to the 

service bulletins listed in Table 1 of this AD 

are considered acceptable for compliance 

with the corresponding actions specified in 

this AD. 

TABLE 1.—SERVICE BULLETINS ACCEPTABLE FOR COMPLIANCE

EMBRAER service bulletin Change level Date 

145–49–0009 ............................................................................................................................................ 03 ..................... May 15, 2001. 

145–49–0009 ............................................................................................................................................ 04 ..................... July 5, 2001. 

145–49–0009 ............................................................................................................................................ 05 ..................... October 1, 2001. 

145–49–0009 ............................................................................................................................................ 06 ..................... January 3, 2002. 

145–49–0009 ............................................................................................................................................ 07 ..................... September 1, 2002. 

145–49–0009 ............................................................................................................................................ 08 ..................... September 1, 2003. 

145–49–0017 ............................................................................................................................................ Original ............. May 15, 2001. 

145–49–0018 ............................................................................................................................................ 03 ..................... January 3, 2002. 

Alternative Methods of Compliance 

(AMOCs) 

(l)(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. 

(3) AMOCs approved previously in 

accordance with AD 2001–10–01, 

amendment 39–12226, are approved as 

AMOCs for the corresponding requirements 

in paragraph (f) of this AD. 

Related Information 

(m) Brazilian airworthiness directive 2001–

04–02R2, dated June 29, 2001, also addresses 

the subject of this AD. 

Material Incorporated by Reference 

(n) You must use the service information 

specified in Table 2 of this AD 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. 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 70711 

TABLE 2.—MATERIAL INCORPORATED BY REFERENCE

EMBRAER service bulletin Change 

level Date 

145–49–0009 ................................................................................................................................................... 09 April 12, 2005. 

145–49–0017 ................................................................................................................................................... 01 June 7, 2001. 

145–49–0018 ................................................................................................................................................... 04 November 26, 2002. 

EMBRAER Service Bulletin 145–49–0017, 

Change 01, dated June 7, 2001, contains the 

following effective pages: 

Page No. 

Change 

level shown 

on page 

Date shown on 

page 

1, 2 ......... 01 .............. June 7, 2001. 

3–10 ....... Original ...... May 15, 2001. 

EMBRAER Service Bulletin 145–49–0018, 

Change 04, dated November 26, 2002, 

contains the following effective pages: 

Page No. 

Change 

level shown 

on page 

Date shown on 

page 

1, 2 ......... 04 .............. November 26, 

2002. 

3–14 ....... 03 .............. January 3, 2002. 

Issued in Renton, Washington, on October 

31, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–22972 Filed 11–22–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20629; Directorate 

Identifier 2004–NM–266–AD; Amendment 

39–14384; AD 2005–24–04] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767–300 Series 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 

Boeing Model 767–300 series airplanes. 

This AD requires replacing the 

frequency converters used to supply 

power for medical and galley utility 

outlets with modified frequency 

converters, and related actions. This AD 

results from a report indicating that a 

hard short circuit condition between the 

output of certain frequency converters 

and their downstream circuit breakers 

will produce a continuous output 

current that could cause the undersized 

output wiring to overheat when the 

frequency converters fail to shut off. We 

are issuing this AD to prevent 

overheating of the output wiring of the 

frequency converters, which could 

result in the failure of a wire bundle and 

consequent adverse effects on other 

systems sharing the affected wire 

bundle. 

DATES: Effective December 28, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of December 28, 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 Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207, for service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Binh Tran, Aerospace Engineer, Systems 

and Equipment Branch, ANM–130S, 

FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6485; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

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 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 Boeing Model 767–300 

series airplanes. That NPRM was 

published in the Federal Register on 

March 17, 2005 (70 FR 12986). That 

NPRM proposed to require replacing the 

frequency converters used to supply 

power for medical outlets with modified 

frequency converters, and related 

actions. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments that have 

been received on the NPRM. 

Request To Revise Date of Referenced 

Service Bulletin 

One commenter, the manufacturer, 

requests that we revise the release date 

of the service bulletin referenced in the 

NPRM. The commenter states that the 

correct reference is Boeing Service 

Bulletin 767–25–0334, Revision 1, dated 

June 19, 2003. 

We agree. We inadvertently 

referenced the incorrect release date of 

Boeing Service Bulletin 767–25–0334, 

Revision 1. Therefore, we have revised 

paragraphs (c) and (f) of this AD to 

include the correct release date. 

Request To Clarify Use of Frequency 

Converters 

The same commenter requests that we 

revise the ‘‘Summary’’ and ‘‘Relevant 

Service Information’’ sections of the 

NPRM to specify that the affected 

frequency converters are also used for 

supplying power to galley utility 

outlets. 

We agree. We have revised the 

‘‘Summary’’ section and paragraph (f) of 

this AD to clarify that the affected 

frequency converters are used to supply 

power to ‘‘* * * medical and galley 

utility outlets * * *.’’ However, since 

the ‘‘Relevant Service Information’’

section of the preamble does not 

reappear in the final rule, we have not 

made that change. 

Request To Use Alternative Method of 

Compliance (AMOC) 

A second commenter, an operator, 

requests that we include an option to 

remove and deactivate the affected 

frequency converters and wiring, 

instead of replacing the affected 

frequency converters. The commenter 

states that it is not currently using the 

medical outlets and has removed the 

affected frequency converters from its