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Federal Register / Vol. 70, No.

8 / Wednesday, January 12, 2005 / Proposed Rules 2057

For the Nuclear Regulatory Commission. • Hand Delivery: Room PL–401 on person at the Docket Management
Annette Vietti-Cook, the plaza level of the Nassif Building, Facility office between 9 a.m. and 5
Secretary of the Commission. 400 Seventh Street SW., Washington, p.m., Monday through Friday, except
[FR Doc. 05–589 Filed 1–11–05; 8:45 am] DC, between 9 a.m. and 5 p.m., Monday Federal holidays. The Docket
BILLING CODE 7590–01–P
through Friday, except Federal holidays. Management Facility office (telephone
For service information identified in (800) 647–5227) is located on the plaza
this proposed AD, contact Empresa level of the Nassif Building at the DOT
DEPARTMENT OF TRANSPORTATION Brasileira de Aeronautica S.A. street address stated in the ADDRESSES
(EMBRAER), P.O. Box 343–CEP 12.225, section. Comments will be available in
Federal Aviation Administration Sao Jose dos Campos—SP, Brazil. the AD docket shortly after the DMS
You can examine the contents of this receives them.
14 CFR Part 39 AD docket on the Internet at http://
Discussion
dms.dot.gov, or in person at the Docket
[Docket No. FAA–2005–20011; Directorate Management Facility, U.S. Department On May 7, 2001, we issued AD 2001–
Identifier 2003–NM–22–AD] 10–01, amendment 39–12226 (66 FR
of Transportation, 400 Seventh Street
RIN 2120–AA64 SW., room PL–401, on the plaza level of 24049, May 11, 2001), for certain
the Nassif Building, Washington, DC. EMBRAER Model EMB–135 and EMB–
Airworthiness Directives; Empresa This docket number is FAA–2005– 145 series airplanes. That AD requires
Brasileira de Aeronautica S.A. 20011; the directorate identifier for this revising the FAA-approved Airplane
(EMBRAER) Model EMB–135 and –145 docket is 2003–NM–22–AD. Flight Manual (AFM) to prohibit in-
Series Airplanes FOR FURTHER INFORMATION CONTACT:
flight auxiliary power unit (APU) starts,
Todd Thompson, Aerospace Engineer, and installing a placard on or near the
AGENCY: Federal Aviation
International Branch, ANM–116, FAA, APU start/stop switch panel to provide
Administration (FAA), Department of
Transport Airplane Directorate, 1601 such instructions to the flight crew.
Transportation (DOT).
Lind Avenue, SW., Renton, Washington That AD was prompted by reports that
ACTION: Notice of proposed rulemaking two APU fire alarms were triggered
(NPRM). 98055–4056; telephone (425) 227–1175;
fax (425) 227–1149. during in-flight APU starts. We issued
SUMMARY: The FAA proposes to that AD to prevent flame backflow into
SUPPLEMENTARY INFORMATION:
supersede an existing airworthiness the APU compartment through the
directive (AD) that applies to certain Comments Invited eductor during in-flight APU starts,
EMBRAER Model EMB–135 and –145 which could result in fire in the APU
We invite you to submit any relevant
series airplanes. The existing AD compartment.
written data, views, or arguments
currently requires revising the airplane regarding this proposed AD. Send your Actions Since Existing AD Was Issued
flight manual (AFM) to prohibit in-flight comments to an address listed under Since we issued AD 2001–10–01, the
auxiliary power unit (APU) starts, and ADDRESSES. Include ‘‘Docket No. FAA– airplane manufacturer has developed
installing a placard on or near the APU 2005–20011; Directorate Identifier modifications specified in several
start/stop switch panel to provide such 2003–NM–22–AD’’ at the beginning of service bulletins that allow for a change
instructions to the flightcrew. This your comments. We specifically invite to restrictions placed on in-flight APU
proposed AD would add an optional comments on the overall regulatory, starts as well as the elimination of the
revision to the AFM that allows limited economic, environmental, and energy need for restrictions placed on in-flight
APU starts and would add a terminating aspects of the proposed AD. We will APU starts. We have determined that
action. This proposed AD is prompted consider all comments received by the these modifications address the
by the airplane manufacturer closing date and may amend the identified unsafe condition and enable
developing modifications that revise or proposed AD in light of those operators to do in-flight APU starts.
eliminate the need for restrictions to in- comments. Also, the preamble to AD 2001–10–01
flight APU starts. We are proposing this We will post all comments we explains that we considered the
AD to prevent flame backflow into the receive, without change, to http:// requirements of that AD ‘‘interim
APU compartment through the eductor dms.dot.gov, including any personal action’’ and were considering further
during in-flight APU starts, which could information you provide. We will also rulemaking. We now have determined
result in fire in the APU compartment. post a report summarizing each that further rulemaking is indeed
DATES: We must receive comments on substantive verbal contact with FAA necessary, and this proposed AD
this proposed AD by February 11, 2005. personnel concerning this proposed AD. follows from that determination.
ADDRESSES: Use one of the following Using the search function of our docket
addresses to submit comments on this Web site, anyone can find and read the Relevant Service Information
proposed AD. comments in any of our dockets, EMBRAER has issued the following
• DOT Docket Web site: Go to including the name of the individual service bulletins:
http://dms.dot.gov and follow the who sent the comment (or signed the • EMBRAER Alert Service Bulletin
instructions for sending your comments comment on behalf of an association, 145–49–A017, dated April 12, 2001,
electronically. business, labor union, etc.). You can which describes procedures for
• Government-wide rulemaking Web review the DOT’s complete Privacy Act installing a placard in the pedestal
site: Go to http://www.regulations.gov Statement in the Federal Register panel.
and follow the instructions for sending published on April 11, 2000 (65 FR • EMBRAER Service Bulletin 145–
your comments electronically. 19477–78), or you can visit http:// 49–0017, Change 01, dated June 7, 2001,
• Mail: Docket Management Facility; dms.dot.gov. which describes procedures for
U.S. Department of Transportation, 400 measuring the gap between the APU and
Examining the Docket the APU exhaust silencer, installing a
Seventh Street SW., Nassif Building,
room PL–401, Washington, DC 20590. You can examine the AD docket on flush-type APU air inlet, part number
• Fax: (202) 493–2251. the Internet at http://dms.dot.gov, or in (P/N) 120–45060–001, installing a

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2058 Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Proposed Rules

placard, and contacting the the Proposed AD and Service the FAA to mandate the terminating
manufacturer if measurements are not Bulletins.’’ action.
within the limits specified in the service The Brazilian airworthiness directive
Difference Between Proposed AD and
bulletin. The service bulletin also
Service Bulletins also references EMBRAER Service
specifies prior to or concurrent
EMBRAER Service Bulletin 145–49– Bulletin 145–49–0018, original issue, or
accomplishment of EMBRAER Service
0017, Change 01, dated June 7, 2001; further revisions, for accomplishing the
Bulletin 145–49–0009.
and EMBRAER Service Bulletin 145– optional terminating action. This
• EMBRAER Service Bulletin 145– proposed AD specifies the terminating
49–0018, Change 03, dated January 3, 49–0018, Change 03, dated January 3,
2002; specify that you may contact the action also be done in accordance with
2002, which describes procedures for
manufacturer for instructions on how to EMBRAER Service Bulletin 145–49–
measuring the gap between the APU and
repair certain conditions, but this 0018, Change 03, dated January 3, 2002.
the APU exhaust silencer, installing a
flush-type APU air inlet, P/N 145– proposed AD would require you to We have not given credit for actions
48999–401, removing a placard, repair those conditions using a method done with previous issues of the service
reidentifying the APU cowling, and that we or the DAC (or its delegated bulletin because there is additional
contacting the manufacturer if agent) approve. In light of the type of work needed in Change 03 of the service
measurements are not within the limits repair that would be required to address bulletin.
specified in the service bulletin. The the unsafe condition, and consistent These differences have been
service bulletin also specifies prior to or with existing bilateral airworthiness coordinated with the Brazilian
concurrent accomplishment of agreements, we have determined that,
airworthiness authority.
EMBRAER Service Bulletin 145–49– for this proposed AD, a repair we or the
0009. DAC approve would be acceptable for Clarification of Applicability
compliance with this proposed AD.
• EMBRAER Service Bulletin 145– AD 2001–10–01 has an applicability
49–0009, Change 07, dated September 1, Differences Between Proposed AD and that specifies ‘‘* * * with Hamilton
2002, which describes procedures for Foreign AD Sundstrand Power Systems auxiliary
installing an APU silencer.
Operators should note the following power unit (APU) model T–62T–40C14
Accomplishing the actions specified differences between the proposed AD (APS 500R).’’ This proposed AD has an
in the service information is intended to and Brazilian airworthiness directive applicability that specifies ‘‘* * * with
adequately address the unsafe 2001–04–02R2, dated June 29, 2001: Hamilton Sundstrand auxiliary power
condition. The Departmento de Aviacao The Brazilian airworthiness directive unit (APU) model T–62T–40C14 (APU
Civil (DAC) issued Brazilian references EMBRAER Service Bulletin 500R).’’ The ‘‘S’’ in APS 500R of the
airworthiness directive 2001–04–02R2, 145–49–0009, Revision 03, dated May applicability of AD 2001–10–01 is a
dated June 29, 2001, to ensure the 15, 2001, for accomplishing the optional typographical error; APU 500R is the
continued airworthiness of these terminating action. This proposed AD
airplanes in Brazil. The Brazilian correct nomenclature. We also revised
specifies that terminating action be done the nomenclature of the APU
airworthiness directive references within 8,000 flight hours after the
procedures specified in the service manufacturer from Hamilton
effective date of the AD in accordance Sundstrand Power Systems to Hamilton
information. with EMBRAER Service Bulletin 145– Sundstrand, which matches the
FAA’s Determination and Requirements 49–0009, Change 07, dated September 1,
nomenclature specified in the Brazilian
of the Proposed AD 2002. We have not given credit for
airworthiness directive.
actions done with previous issues of the
These airplane models are service bulletin because there is Change to Existing AD
manufactured in Brazil and are type additional work needed in Change 07 of
certificated for operation in the United the service bulletin. Mandating the This proposed AD would retain all
States under the provisions of section terminating action is based on our requirements of AD 2001–10–01. Since
21.29 of the Federal Aviation determination that, in this case, long- AD 2001–10–01 was issued, the AD
Regulations (14 CFR 21.29) and the term continued operational safety format has been revised, and certain
applicable bilateral airworthiness would be better ensured by a paragraphs have been rearranged. As a
agreement. Pursuant to this bilateral modification to remove the source of the result, the corresponding paragraph
airworthiness agreement, the DAC has problem, rather than by revising flight identifiers have changed in this
kept the FAA informed of the situation procedures. While revising flight proposed AD, as listed in the following
described above. We have examined the procedures ensures that the flightcrew is table:
DAC’s findings, evaluated all pertinent informed that an unsafe condition may
information, and determined that AD exist, it does not remove the source of REVISED PARAGRAPH IDENTIFIERS
action is necessary for airplanes of this that unsafe condition. Human factors
type design that are certificated for (e.g., variations in flightcrew training Corresponding
operation in the United States. and familiarity with the airplane, Requirement in AD requirement in this
2001–10–01
Therefore, we are proposing this AD, flightcrew awareness in the presence of proposed AD
which would supersede AD 2001–10– other hazards, and flightcrew fatigue)
01. This proposed AD would retain the may allow an inadvertent APU start and Paragraph (a) ............ Paragraph (f)
actions required in AD 2001–10–01. The result in the unsafe condition. Thus,
proposed AD would also require revisions to flight procedures are not Costs of Compliance
accomplishing the actions specified in considered adequate to provide the
The following table provides the
the service bulletins described degree of safety assurance necessary for
estimated costs for U.S. operators to
previously, as applicable, except as the transport airplane fleet.
discussed under ‘‘Difference Between Consideration of these factors has led comply with this proposed AD.

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Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Proposed Rules 2059

ESTIMATED COSTS
Number of
Average
Work U.S.-reg-
Action labor rate Parts Cost per airplane Fleet cost
hours istered air-
per hour planes

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


Terminating action (new proposed action) ................ 4 65 $1,514 1,774 290 514,460
Concurrent action (new proposed action) ................. 6 65 38,500 38,890 290 11,278,100
Optional installation of APU air inlet and placard 2 65 397 527 290 (1)
(new proposed optional action).
1 Depends on # of airplanes on which installation is done.

Authority for This Rulemaking List of Subjects in 14 CFR Part 39 the compliance times specified, unless the
actions have already been done.
The FAA’s authority to issue rules Air transportation, Aircraft, Aviation
regarding aviation safety is found in safety, Safety. Requirements of AD 2001–10–01,
Amendment 39–12226 and New Note
Title 49 of the United States Code. The Proposed Amendment
Subtitle I, Section 106 describes the Airplane Flight Manual (AFM) Revision
authority of the FAA Administrator. Accordingly, under the authority (f) Within 25 flight hours or 10 days after
Subtitle VII, Aviation Programs, delegated to me by the Administrator, May 29, 2001 (the effective date of AD 2001–
describes in more detail the scope of the the FAA proposes to amend 14 CFR part 10–01), whichever occurs first, accomplish
agency’s authority. 39 as follows: the actions required by paragraphs (f)(1) and
(f)(2) of this AD.
This rulemaking is promulgated
PART 39—AIRWORTHINESS (1) Install a placard on or near the APU
under the authority described in start/stop switch panel that reads:
DIRECTIVES
Subtitle VII, Part A, Subpart III, Section
44701, ‘‘General requirements.’’ Under 1. The authority citation for part 39 ‘‘CAUTION: IN-FLIGHT APU STARTS ARE
that section, Congress charges the FAA PROHIBITED’’
continues to read as follows:
with promoting safe flight of civil Authority: 49 U.S.C. 106(g), 40113, 44701. Note 1: Installing a placard in accordance
aircraft in air commerce by prescribing with EMBRAER Alert Service Bulletin 145–
regulations for practices, methods, and § 39.13 [Amended] 49–A017, dated April 12, 2001, is acceptable
procedures the Administrator finds for compliance with the action required by
2. The FAA amends § 39.13 by paragraph (f)(1) of this AD.
necessary for safety in air commerce. removing amendment 39–12226 (66 FR (2) Revise the Limitations section of the
This regulation is within the scope of 24049, May 11, 2001) and adding the AFM to include the information on the
that authority because it addresses an following new airworthiness directive placard, as specified in paragraph (f)(1) of
unsafe condition that is likely to exist or (AD): this AD, and to limit APU starts to ground
develop on products identified in this conditions only. This may be accomplished
Empresa Brasileira de Aeronautica S.A.
proposed AD. (EMBRAER): Docket No. FAA–2005–
by inserting a copy of this AD in the AFM.
Regulatory Findings 20011; Directorate Identifier 2003–NM– Note 2: Because APU starts are prohibited
22–AD. in flight when an engine-driven generator is
We have determined that this inoperative, the APU must be started on the
proposed AD would not have federalism Comments Due Date ground in order to dispatch, and the APU
implications under Executive Order (a) The Federal Aviation Administration must be kept operational for the entire flight.
13132. This proposed AD would not must receive comments on this AD action by
February 11, 2005. Terminating Requirements of This AD and
have a substantial direct effect on the Optional Action
States, on the relationship between the Affected ADs
national Government and the States, or Optional New Limitations for APU Starts
(b) This AD supersedes AD 2001–10–01,
on the distribution of power and amendment 39–12226 (66 FR 24049, May 11, (g) Doing the actions specified in
responsibilities among the various 2001). paragraphs (g)(1) and (g)(2) of this AD in
levels of government. accordance with EMBRAER Service Bulletin
Applicability 145–49–0017, Change 01, dated June 7, 2001,
For the reasons discussed above, I terminates the requirements of paragraph (f)
(c) This AD applies to EMBRAER Model
certify that the proposed regulation: EMB–135 and –145 series airplanes, of this AD.
1. Is not a ‘‘significant regulatory certificated in any category, equipped with (1) Measure the gap between the APU and
action’’ under Executive Order 12866; Hamilton Sundstrand auxiliary power unit the APU exhaust silencer, install a flush-type
2. Is not a ‘‘significant rule’’ under the (APU) model T–62T–40C14 (APU 500R). APU air inlet, and install or replace, as
DOT Regulatory Policies and Procedures applicable, the placard on or near the APU
Unsafe Condition start/stop switch panel with a placard that
(44 FR 11034, February 26, 1979); and (d) This AD was prompted by the airplane reads:
3. Will not have a significant manufacturer developing modifications that
economic impact, positive or negative, ‘‘CAUTION: IN-FLIGHT APU STARTS ARE
revise or eliminate the need for restrictions
on a substantial number of small entities LIMITED TO FLIGHT ENVELOPE UP TO
to in-flight APU starts. We are issuing this
15KFT/320KIAS (NORMAL APU STARTS)
under the criteria of the Regulatory AD to prevent flame backflow into the APU
OR 15KFT/200KIAS (BATTERY SUPPORT
Flexibility Act. compartment through the eductor during in-
ONLY)’’
We prepared a regulatory evaluation flight APU starts, which could result in fire
in the APU compartment. (2) Revise the Limitations section of the
of the estimated costs to comply with AFM to include the information on the
this proposed AD. See the ADDRESSES Compliance placard specified in paragraph (g)(1) of this
section for a location to examine the (e) You are responsible for having the AD to limit APU starts. This may be
regulatory evaluation. actions required by this AD performed within accomplished by inserting a copy of this AD

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2060 Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Proposed Rules

in the AFM. Remove any existing copy of AD DEPARTMENT OF TRANSPORTATION For service information identified in
2001–10–01 from the AFM. this proposed AD, contact Boeing
Terminating Action for This AD Federal Aviation Administration Commercial Airplanes, P.O. Box 3707,
(h) Within 8,000 flight hours after the Seattle, Washington 98124–2207.
effective date of this AD, measure the gap 14 CFR Part 39 You can examine the contents of this
between the APU and the APU exhaust [Docket No. FAA–2005–20023; Directorate AD docket on the Internet at http://
silencer, install a flush type APU air inlet, Identifier 2004–NM–49–AD] dms.dot.gov, or in person at the Docket
remove any placard on or near the APU start/ Management Facility, U.S. Department
stop switch panel that limits APU starts, and RIN 2120–AA64 of Transportation, 400 Seventh Street,
reidentify the APU cowling, in accordance SW., room PL–401, on the plaza level of
with EMBRAER Service Bulletin 145–49– Airworthiness Directives; Boeing
0018, Change 03, dated January 3, 2002, the Nassif Building, Washington, DC.
Model 707 Airplanes and Model 720
except as provided by paragraph (j) of this This docket number is FAA–2005–
and 720B Series Airplanes
AD. Doing the actions in paragraph (h) of this 20023; the directorate identifier for this
AD terminates the requirements of AGENCY: Federal Aviation docket is 2004–NM–49–AD.
paragraphs (f) and (g) of this AD and any Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT:
copy of AD 2001–10–01 or this AD may be
ACTION: Notice of proposed rulemaking Candice Gerretsen, Aerospace Engineer,
removed from the AFM.
(NPRM). Airframe Branch, ANM–120S, FAA,
Prior to or Concurrent Requirements Seattle Aircraft Certification Office,
(i) Prior to or concurrently with the actions SUMMARY: The FAA proposes to 1601 Lind Avenue, SW., Renton,
specified in paragraphs (g) and (h) of this AD, supersede an existing airworthiness Washington 98055–4056; telephone
install an APU silencer in accordance with directive (AD) that applies to certain (425) 917–6428; fax (425) 917–6590.
EMBRAER Service Bulletin 145–49–0009, Boeing Model 707 airplanes and Model
SUPPLEMENTARY INFORMATION:
Change 07, dated September 1, 2002. 720 and 720B series airplanes. The
Contact the FAA or Departmento de Aviacao existing AD currently requires a Comments Invited
Civil (DAC) preventive modification of the front spar We invite you to submit any relevant
(j) If, during the actions required by fitting on the outboard engine nacelle. written data, views, or arguments
paragraphs (g) and (h) of this AD, any This proposed AD would remove the regarding this proposed AD. Send your
measurement exceeds the limits specified in requirement to do this preventive comments to an address listed under
EMBRAER Service Bulletin 145–49–0017, modification, and would require ADDRESSES. Include ‘‘Docket No. FAA–
Change 01, dated June 7, 2001; or EMBRAER repetitive inspections for cracking of the
Service Bulletin 145–49–0018, Change 03,
2005–20023; Directorate Identifier
front spar fitting of the inboard and 2004–NM–49–AD’’ at the beginning of
dated January 3, 2002; as applicable; and the outboard nacelle struts, and
service bulletin specifies to contact your comments. We specifically invite
replacement of any cracked fitting with comments on the overall regulatory,
EMBRAER: Before further flight, repair per a
method approved by either the Manager, a new fitting. The proposed AD would economic, environmental, and energy
International Branch, ANM–116, FAA, also apply to more airplanes. This aspects of the proposed AD. We will
Transport Airplane Directorate; or the DAC proposed AD is prompted by a report consider all comments received by the
(or its delegated agent). indicating that a crack was found in a closing date and may amend the
Actions Accomplished According to
front spar fitting that had been replaced proposed AD in light of those
Previous Issue of Service Bulletin as part of the modification required by comments.
the existing AD. We are proposing this We will post all comments we
(k) Actions accomplished before the
effective date of this AD according to
AD to detect and correct this cracking, receive, without change, to http://
EMBRAER Service Bulletin 145–49–0017, which could result in reduced structural dms.dot.gov, including any personal
dated May 15, 2001, are considered integrity of the engine nacelle, and information you provide. We will also
acceptable for compliance with the consequent separation of an engine from post a report summarizing each
corresponding actions specified in this AD. the airplane. substantive verbal contact with FAA
Alternative Methods of Compliance DATES: We must receive comments on personnel concerning this proposed AD.
(AMOCs) this proposed AD by February 28, 2005. Using the search function of our docket
(l)(1) The Manager, International Branch, ADDRESSES: Use one of the following Web site, anyone can find and read the
ANM–116, Transport Airplane Directorate, addresses to submit comments on this comments in any of our dockets,
FAA, has the authority to approve AMOCs proposed AD. including the name of the individual
for this AD, if requested in accordance with • DOT Docket Web site: Go to who sent the comment (or signed the
the procedures found in 14 CFR 39.19. http://dms.dot.gov and follow the comment on behalf of an association,
(2) AMOCs approved previously in
accordance with AD 2001–10–01,
instructions for sending your comments business, labor union, etc.). You can
amendment 39–12226, are approved as electronically. review the DOT’s complete Privacy Act
AMOCs for the corresponding requirements • Government-wide rulemaking Web Statement in the Federal Register
in paragraph (f) of this AD. site: Go to http://www.regulations.gov published on April 11, 2000 (65 FR
and follow the instructions for sending 19477–78), or you can visit http://
Related Information
your comments electronically. dms.dot.gov.
(m) Brazilian airworthiness directive 2001– • Mail: Docket Management Facility;
04–02R2, dated June 29, 2001, also addresses U.S. Department of Transportation, 400 Examining the Docket
the subject of this AD.
Seventh Street, SW., Nassif Building, You can examine the AD docket on
Issued in Renton, Washington, on room PL–401, Washington, DC 20590. the Internet at http://dms.dot.gov, or in
December 30, 2004. • Fax: (202) 493–2251. person at the Docket Management
Kevin M. Mullin, • Hand Delivery: Room PL–401 on Facility office between 9 a.m. and 5
Acting Manager, Transport Airplane the plaza level of the Nassif Building, p.m., Monday through Friday, except
Directorate, Aircraft Certification Service. 400 Seventh Street, SW., Washington, Federal holidays. The Docket
[FR Doc. 05–539 Filed 1–11–05; 8:45 am] DC, between 9 a.m. and 5 p.m., Monday Management Facility office (telephone
BILLING CODE 4910–13–U through Friday, except Federal holidays. (800) 647–5227) is located on the plaza

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