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Federal Register / Vol. 70, No.

238 / Tuesday, December 13, 2005 / Proposed Rules 73665

States, on the relationship between the for the air conditioning system were not DEPARTMENT OF TRANSPORTATION
national Government and the States, or bonded to the ducts with an adhesive. We are
on the distribution of power and issuing this AD to detect and correct Federal Aviation Administration
responsibilities among the various loosened end caps, which could change the
levels of government. air flow balance in the airplane. During a 14 CFR Part 39
For the reasons discussed above, I smoke event in the cargo or main electronics
[Docket No. FAA–2005–23284; Directorate
certify that the proposed regulation: compartments, the incorrect balance of air
Identifier 2005–NM–163–AD]
1. Is not a ‘‘significant regulatory flow could change the smoke clearance air
action’’ under Executive Order 12866; capacity and result in smoke and toxic fumes RIN 2120–AA64
2. Is not a ‘‘significant rule’’ under the penetrating the flight deck and main cabin.
DOT Regulatory Policies and Procedures Airworthiness Directives; BAE
Compliance Systems (Operations) Limited Model
(44 FR 11034, February 26, 1979); and
3. Will not have a significant (e) You are responsible for having the BAe 146 and Avro 146–RJ Airplanes
economic impact, positive or negative, actions required by this AD performed within
the compliance times specified, unless the
AGENCY: Federal Aviation
on a substantial number of small entities Administration (FAA), Department of
under the criteria of the Regulatory actions have already been done.
Transportation (DOT).
Flexibility Act. Service Bulletin References ACTION: Notice of proposed rulemaking
We prepared a regulatory evaluation
of the estimated costs to comply with (f) The term ‘‘service bulletin,’’ as used in (NPRM).
this AD, means the Accomplishment
this proposed AD and placed it in the SUMMARY: The FAA proposes to
Instructions of the following service
AD docket. See the ADDRESSES section supersede an existing airworthiness
bulletins, as applicable:
for a location to examine the regulatory directive (AD) that applies to certain
(1) For Model 757–200 series airplanes:
evaluation. BAE Systems (Operations) Limited
Boeing Special Attention Service Bulletin
List of Subjects in 14 CFR Part 39 757–21–0106, dated March 24, 2005; and Model BAe 146 and Avro 146–RJ
(2) For Model 757–300 series airplanes: airplanes. The existing AD requires one-
Air transportation, Aircraft, Aviation
Boeing Special Attention Service Bulletin time inspections of the inner webs and
safety, Safety.
757–21–0107, dated March 24, 2005. flanges at frames 15, 18, 41, and 43 for
The Proposed Amendment evidence of corrosion or cracking; and
Install Clamps corrective actions if necessary. This
Accordingly, under the authority
(g) Within 12,000 flight hours or 36 months proposed AD would instead require new
delegated to me by the Administrator,
after the effective date of this AD, whichever repetitive inspections and expand the
the FAA proposes to amend 14 CFR part
is first: Install clamps on the end caps of the area to be inspected. This proposed AD
39 as follows:
overhead distribution ducts of the air would also expand the applicability and
PART 39—AIRWORTHINESS conditioning system at stations 864.88, 864.9, provide an optional action that would
DIRECTIVES 866.6, and 875, as applicable, and before extend the repetitive inspection
further flight do any other specified and interval. This proposed AD results from
1. The authority citation for part 39 related investigative actions as applicable, by a report indicating that in some cases
continues to read as follows: doing all of the applicable actions specified the inspections required by the existing
Authority: 49 U.S.C. 106(g), 40113, 44701. in the applicable service bulletin. AD revealed no damage, yet frame
Alternative Methods of Compliance corrosion and cracking were later found
§ 39.13 [Amended] (AMOCs) during scheduled maintenance in the
2. The Federal Aviation (h)(1) The Manager, Seattle Aircraft
two forward fuselage frames 15 and 18.
Administration (FAA) amends § 39.13 Certification Office, FAA, has the authority to We are proposing this AD to prevent
by adding the following new approve AMOCs for this AD, if requested in reduced structural integrity of the
airworthiness directive (AD): accordance with the procedures found in 14 airplane.
Boeing: Docket No. FAA–2005–23282; CFR 39.19. DATES: We must receive comments on
Directorate Identifier 2005–NM–210–AD. (2) Before using any AMOC approved in this proposed AD by January 12, 2006.
Comments Due Date accordance with § 39.19 on any airplane to ADDRESSES: Use one of the following
which the AMOC applies, notify the addresses to submit comments on this
(a) The FAA must receive comments on
appropriate principal inspector in the FAA proposed AD.
this AD action by January 27, 2006.
Flight Standards Certificate Holding District • DOT Docket Web site: Go to
Affected ADs Office. http://dms.dot.gov and follow the
(b) None. Issued in Renton, Washington, on instructions for sending your comments
Applicability December 6, 2005. electronically.
(c) This AD applies to airplanes identified Kevin M. Mullin, • Government-wide rulemaking Web
in paragraphs (c)(1) and (c)(2) of this AD, site: Go to http://www.regulations.gov
Acting Manager, Transport Airplane
certificated in any category. Directorate, Aircraft Certification Service.
and follow the instructions for sending
(1) Boeing Model 757–200 series airplanes, your comments electronically.
[FR Doc. 05–23956 Filed 12–12–05; 8:45 am]
having certain variable numbers as identified • Mail: Docket Management Facility;
in Boeing Special Attention Service Bulletin BILLING CODE 4910–13–P U.S. Department of Transportation, 400
757–21–0106, dated March 24, 2005. Seventh Street SW., Nassif Building,
(2) Boeing Model 757–300 series airplanes, room PL–401, Washington, DC 20590.
having certain variable numbers as identified • Fax: (202) 493–2251.
in Boeing Special Attention Service Bulletin
• Hand Delivery: Room PL–401 on
757–21–0107, dated March 24, 2005.
the plaza level of the Nassif Building,
Unsafe Condition 400 Seventh Street SW., Washington,
(d) This AD results from finding that the DC, between 9 a.m. and 5 p.m., Monday
end caps of the overhead distribution ducts through Friday, except Federal holidays.

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73666 Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Proposed Rules

Contact British Aerospace Regional BAE Systems (Operations) Limited in the structural repair manual (SRM),
Aircraft American Support, 13850 Model BAe 146 and Avro 146–RJ and reprotecting all base metals to SRM
Mclearen Road, Herndon, Virginia airplanes. That AD requires one-time specifications. The service bulletin
20171, for service information identified inspections of the inner webs and provides for an optional corrosion-
in this proposed AD. flanges at frames 15, 18, 41, and 43 for preventive treatment, which would
FOR FURTHER INFORMATION CONTACT: Dan evidence of corrosion or cracking; and extend the repetitive inspection
Rodina, Aerospace Engineer, corrective actions if necessary. That AD interval.
International Branch, ANM–116, FAA, resulted from a report of cracking The service bulletin recommends that
Transport Airplane Directorate, 1601 discovered at the inner webs and flanges the oldest airplanes be inspected within
Lind Avenue, SW., Renton, Washington at frame 18, caused by an ingress of 6 months, and newer airplanes within
98055–4056; telephone (425) 227–2125; moisture and subsequent corrosion. We 12 or 24 months, depending on
fax (425) 227–1149. issued that AD to detect and correct specified criteria. The service bulletin
SUPPLEMENTARY INFORMATION: corrosion and cracking of the inner provides additional time to complete
webs and flanges at frames 15, 18, 41, the inspections for operators with more
Comments Invited and 43, which could result in reduced than 6 airplanes over 180 months in
We invite you to submit any relevant structural integrity of the airplane. their fleet. The repetitive intervals range
written data, views, or arguments from 12 to 48 months, depending on
Actions Since Existing AD Was Issued
regarding this proposed AD. Send your specified criteria.
comments to an address listed in the Since we issued AD 2004–01–07, we
Accomplishing the actions specified
ADDRESSES section. Include the docket have learned that in some cases the
in the service information is intended to
number ‘‘Docket No. FAA–2005–23284; required inspections revealed no
adequately address the unsafe
Directorate Identifier 2005–NM–163– damage, yet frame corrosion and
condition. The CAA mandated the
AD’’ at the beginning of your comments. cracking were later found during
service information and issued British
We specifically invite comments on the scheduled maintenance in the two
airworthiness directive G–2005–0019,
overall regulatory, economic, forward fuselage frames 15 and 18.
dated July 6, 2005, to ensure the
environmental, and energy aspects of Consequently, BAe Systems developed
continued airworthiness of these
the proposed AD. We will consider all the new inspections described below.
airplanes in the United Kingdom.
comments received by the closing date Relevant Service Information
and may amend the proposed AD in FAA’s Determination and Requirements
light of those comments. The manufacturer has issued BAE of the Proposed AD
We will post all comments we Systems (Operations) Limited
Inspection Service Bulletin ISB.53–182, These airplane models are
receive, without change, to http:// manufactured in the United Kingdom
dms.dot.gov, including any personal dated March 16, 2005. In contrast to
BAE Systems (Operations) Limited and are type certificated for operation in
information you provide. We will also
Inspection Service Bulletin ISB.53–165, the United States under the provisions
post a report summarizing each
dated December 11, 2001 (cited in AD of section 21.29 of the Federal Aviation
substantive verbal contact with FAA
2004–01–07), this new service bulletin Regulations (14 CFR 21.29) and the
personnel concerning this proposed AD.
provides a more rigorous inspection of applicable bilateral airworthiness
Using the search function of that Web
the frame flanges and an overall agreement. Pursuant to this bilateral
site, anyone can find and read the
inspection of the frames; expands the airworthiness agreement, the CAA has
comments in any of our dockets,
inspection area to the full circumference kept the FAA informed of the situation
including the name of the individual
of the frame; and includes the optional described above. We have examined the
who sent the comment (or signed the
comment on behalf of an association, application of improved corrosion- CAA’s findings, evaluated all pertinent
business, labor union, etc.). You may preventive treatment, which would information, and determined that AD
review the DOT’s complete Privacy Act extend the repetitive inspection action is necessary for airplanes of this
Statement in the Federal Register interval. The service bulletin describes type design that are certificated for
published on April 11, 2000 (65 FR procedures for repetitive inspections of operation in the United States.
19477–78), or you may visit http:// frames 15, 18, 41, and 43 to detect signs This proposed AD would supersede
dms.dot.gov. of corrosion (including cracks, AD 2004–01–07. This proposed AD
blistering, or flaking paint). would require accomplishing the
Examining the Docket • Inspection 1 involves a high- actions specified in Service Bulletin
You may examine the AD docket on frequency eddy current (HFEC) ISB.53–182, described previously,
the Internet at http://dms.dot.gov, or in inspection of the frame inner flange and except as discussed below.
person at the Docket Management a detailed visual inspection of all visible Difference Between the Proposed AD
Facility office between 9 a.m. and 5 surfaces of the frame below the floor. and Service Information
p.m., Monday through Friday, except • Inspection 2 involves an HFEC
Federal holidays. The Docket inspection of the frame inner flange and The service bulletin specifies
Management Facility office (telephone a detailed visual inspection of all visible compliance times relative to the date of
(800) 647–5227) is located on the plaza surfaces of the frame at the floor level issuance of the service bulletin;
level of the Nassif Building at the DOT and above. however, this proposed AD would
street address stated in the ADDRESSES • Inspection 3 involves a detailed require compliance before the specified
section. Comments will be available in visual inspection of all accessible frame compliance time after the effective date
the AD docket shortly after the Docket surfaces at the floor level to 6 inches of this AD.
Management System receives them. above the floor level. If Inspection 3 is Clarification of Inspection Terminology
done in lieu of Inspection 2, Inspection
Discussion 2 must eventually be done within 2 The ‘‘detailed visual inspection’’
On December 29, 2003, we issued AD years. specified in the service bulletin is
2004–01–07, amendment 39–13421 (69 Corrective actions for corrosion referred to as a ‘‘detailed inspection’’ in
FR 869, January 7, 2004), for certain include blending to the limits specified this proposed AD. Note 1 of this

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Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Proposed Rules 73667

proposed AD defines this type of Costs of Compliance


inspection. The following table provides the
estimated costs for U.S. operators to
comply with this proposed AD.

ESTIMATED COSTS
Number of
Work Average labor Cost per
Action Parts cost U.S.-registered Fleet cost
hours rate per hour airplaine airplanes

HFEC inspection, per inspection 5 $65 None ............................ $325 55 $17,875


cycle.
Detailed inspection, per inspection 3 65 None ............................ 195 55 10,725
cycle.

Authority for This Rulemaking for a location to examine the regulatory Compliance
Title 49 of the United States Code evaluation. (e) You are responsible for having the
specifies the FAA’s authority to issue actions required by this AD performed within
List of Subjects in 14 CFR Part 39 the compliance times specified, unless the
rules on aviation safety. Subtitle I,
Air transportation, Aircraft, Aviation actions have already been done.
section 106, describes the authority of safety, Safety. Inspections
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more The Proposed Amendment (f) Use high-frequency eddy current and
detail the scope of the Agency’s Accordingly, under the authority detailed methods to inspect for signs of
authority. corrosion of frames 15, 18, 41, and 43, in
delegated to me by the Administrator, accordance with the Accomplishment
We are issuing this rulemaking under the FAA proposes to amend 14 CFR part
the authority described in subtitle VII, Instructions of BAE Systems (Operations)
39 as follows: Limited Inspection Service Bulletin ISB.53–
part A, subpart III, section 44701, 182, dated March 16, 2005. Inspect at the
‘‘General requirements.’’ Under that PART 39—AIRWORTHINESS applicable time specified in 1.D.
section, Congress charges the FAA with DIRECTIVES ‘‘Compliance’’ of the service bulletin.
promoting safe flight of civil aircraft in Application of corrosion-preventive
air commerce by prescribing regulations 1. The authority citation for part 39 treatment, in accordance with the service
for practices, methods, and procedures continues to read as follows: bulletin, extends the repetitive inspection
the Administrator finds necessary for Authority: 49 U.S.C. 106(g), 40113, 44701. interval, as specified in Table 2 in 1.D.
safety in air commerce. This regulation ‘‘Compliance’’ of the service bulletin.
is within the scope of that authority § 39.13 [Amended] Note 1: For the purposes of this AD, a
because it addresses an unsafe condition 2. The Federal Aviation detailed inspection is: ‘‘An intensive
that is likely to exist or develop on Administration (FAA) amends § 39.13 examination of a specific item, installation,
products identified in this rulemaking by removing amendment 39–13421 (69 or assembly to detect damage, failure, or
action. FR 869, January 7, 2004) and adding the irregularity. Available lighting is normally
following new airworthiness directive supplemented with a direct source of good
Regulatory Findings lighting at an intensity deemed appropriate.
(AD): Inspection aids such as mirror, magnifying
We have determined that this BAE Systems (Operations) Limited lenses, etc., may be necessary. Surface
proposed AD would not have federalism (Formerly British Aerospace Regional cleaning and elaborate procedures may be
implications under Executive Order Aircraft): Docket No. FAA–2005–23284; required.’’
13132. This proposed AD would not Directorate Identifier 2005–NM–163–AD.
have a substantial direct effect on the Corrective Action
Comments Due Date
States, on the relationship between the (g) If any discrepancy is found during any
(a) The FAA must receive comments on inspection required by paragraph (f) of this
national Government and the States, or
this AD action by January 12, 2006. AD: Before further flight, perform applicable
on the distribution of power and
responsibilities among the various Affected ADs related investigative/corrective actions in
accordance with the Accomplishment
levels of government. (b) This AD supersedes AD 2004–01–07.
Instructions of BAE Systems (Operations)
For the reasons discussed above, I
Applicability Limited Inspection Service Bulletin ISB.53–
certify that the proposed regulation: 182, dated March 16, 2005, except as
1. Is not a ‘‘significant regulatory (c) This AD applies to all BAE Systems
(Operations) Limited Model BAe 146–100A, required by paragraph (h) of this AD.
action’’ under Executive Order 12866;
–200A, and –300A series airplanes; and Exceptions to Service Bulletin Specifications
2. Is not a ‘‘significant rule’’ under the Model Avro 146–RJ70A, 146–RJ85A, and
DOT Regulatory Policies and Procedures 146–RJ100A airplanes; certificated in any (h) If the service bulletin referenced in this
(44 FR 11034, February 26, 1979); and category. AD specifies to contact the manufacturer for
3. Will not have a significant appropriate action, before further flight,
economic impact, positive or negative, Unsafe Condition repair per a method approved by the
on a substantial number of small entities (d) This AD results from a report indicating Manager, International Branch, ANM–116,
that in some cases the inspections required FAA, Transport Airplane Directorate; or the
under the criteria of the Regulatory Civil Aviation Authority (or its delegated
by AD 2004–01–07 revealed no damage, yet
Flexibility Act. frame corrosion and cracking were later agent).
We prepared a regulatory evaluation found during scheduled maintenance in the (i) Although the service bulletin referenced
of the estimated costs to comply with two forward fuselage frames 15 and 18. We in this AD specifies to submit information to
this proposed AD and placed it in the are issuing this AD to prevent reduced the manufacturer, this AD does not include
AD docket. See the ADDRESSES section structural integrity of the airplane. such a requirement.

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73668 Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Proposed Rules

(j) Where the service bulletin specifies a airplanes. This proposed AD would Identifier 2005–NM–185–AD’’ at the
compliance time after the issuance of the require repetitive inspections of the beginning of your comments. We
service bulletin, this AD requires compliance pitot static heating relay K0057 for specifically invite comments on the
within the specified compliance time after
damage to the pin-type contacts, relay overall regulatory, economic,
the effective date of this AD. And where the
service bulletin specifies a compliance time enclosure, and finishing material and environmental, and energy aspects of
‘‘since date of construction’’ of the airplane, corrective actions if necessary. This the proposed AD. We will consider all
this AD requires compliance since the date proposed AD also would require doing comments received by the closing date
of issuance of the original standard a terminating modification, which ends and may amend the proposed AD in
airworthiness certificate or the date of the repetitive inspections. This light of those comments.
issuance of the original export certificate of proposed AD results from a report of a We will post all comments we
airworthiness. burning drain hose and smoke caused receive, without change, to http://
Alternative Methods of Compliance by an overheated pitot static heating dms.dot.gov, including any personal
(AMOCs) relay. We are proposing this AD to information you provide. We will also
(k)(1) The Manager, International Branch, prevent overheating of a certain pitot post a report summarizing each
ANM–116, Transport Airplane Directorate, static heating relay, which could result substantive verbal contact with FAA
FAA, has the authority to approve AMOCs in the burning of the windowsill drain personnel concerning this proposed AD.
for this AD, if requested in accordance with hoses and consequent smoke or fire in Using the search function of that Web
the procedures found in 14 CFR 39.19. the airplane cockpit.
(2) Before using any AMOC approved in
site, anyone can find and read the
accordance with § 39.19 on any airplane to DATES: We must receive comments on comments in any of our dockets,
which the AMOC applies, notify the this proposed AD by January 12, 2006. including the name of the individual
appropriate principal inspector in the FAA ADDRESSES: Use one of the following who sent the comment (or signed the
Flight Standards Certificate Holding District addresses to submit comments on this comment on behalf of an association,
Office. proposed AD. business, labor union, etc.). You may
Related Information • DOT Docket Web site: Go to review the DOT’s complete Privacy Act
http://dms.dot.gov and follow the Statement in the Federal Register
(l) British airworthiness directive G–2005–
0019, dated July 6, 2005, also addresses the instructions for sending your comments published on April 11, 2000 (65 FR
subject of this AD. electronically. 19477–78), or you may visit http://
• Government-wide rulemaking Web dms.dot.gov.
Issued in Renton, Washington, on
December 6, 2005.
site: Go to http://www.regulations.gov Examining the Docket
and follow the instructions for sending
Kevin M. Mullin,
your comments electronically. You may examine the AD docket on
Acting Manager, Transport Airplane • Mail: Docket Management Facility, the Internet at http://dms.dot.gov, or in
Directorate, Aircraft Certification Service.
U.S. Department of Transportation, 400 person at the Docket Management
[FR Doc. 05–23955 Filed 12–12–05; 8:45 am] Seventh Street, SW., Nassif Building, Facility office between 9 a.m. and 5
BILLING CODE 4910–13–P Room PL–401, Washington, DC 20590. p.m., Monday through Friday, except
• Fax: (202) 493–2251. Federal holidays. The Docket
• Hand Delivery: Room PL–401 on Management Facility office (telephone
DEPARTMENT OF TRANSPORTATION the plaza level of the Nassif Building, (800) 647–5227) is located on the plaza
Federal Aviation Administration 400 Seventh Street, SW., Washington, level of the Nassif Building at the DOT
DC, between 9 a.m. and 5 p.m., Monday street address stated in the ADDRESSES
14 CFR Part 39 through Friday, except Federal holidays. section. Comments will be available in
Contact Empresa Brasileira de the AD docket shortly after the Docket
[Docket No. FAA–2005–23283; Directorate Aeronautica S.A. (EMBRAER), P.O. Box Management System receives them.
Identifier 2005–NM–185–AD] 343—CEP 12.225, Sao Jose dos
Campos—SP, Brazil, for service Discussion
RIN 2120–AA64
information identified in this proposed The Departmento de Aviacao Civil
Airworthiness Directives; Empresa AD. (DAC), which is the airworthiness
Brasileira de Aeronautica S.A. FOR FURTHER INFORMATION CONTACT: Dan authority for Brazil, notified us that an
(EMBRAER) Model EMB–135 Rodina, Aerospace Engineer, unsafe condition may exist on all
Airplanes; and Model EMB–145, International Branch, ANM–116, Empresa Brasileira de Aeronautica S.A.
–145ER, –145MR, –145LR, –145XR, Transport Airplane Directorate, FAA, (EMBRAER) Model EMB–135 airplanes;
–145MP, and –145EP Airplanes 1601 Lind Avenue, SW., Renton, and Model EMB–145, –145ER, –145MR,
AGENCY: Federal Aviation Washington 98055–4056; telephone –145LR, –145XR, –145MP, and –145EP
Administration (FAA), Department of (425) 227–2125; fax (425) 227–1149. airplanes. The DAC advises that a pitot
Transportation (DOT). SUPPLEMENTARY INFORMATION: static heating relay overheated, causing
a direct-vision windowsill drain hose to
ACTION: Notice of proposed rulemaking Comments Invited burn. This condition, if not corrected,
(NPRM).
We invite you to submit any relevant could result in smoke or fire in the
SUMMARY: The FAA proposes to adopt a written data, views, or arguments airplane cockpit.
new airworthiness directive (AD) for all regarding this proposed AD. Send your Relevant Service Information
EMBRAER Model EMB–135 airplanes; comments to an address listed in the
and Model EMB–145, –145ER, –145MR, ADDRESSES section. Include the docket EMBRAER has issued the following
–145LR, –145XR, –145MP, and –145EP number ‘‘FAA–2005–23283; Directorate service information:

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