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, 67935-67939 [05-22311]
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Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Proposed Rules
approved port for the importation of
cattle from Mexico that have been
infested with fever ticks or exposed to
fever ticks or tick-borne diseases, 30,000
to 50,000 head of such cattle could
potentially enter the United States
through San Luis; these animals would
most likely be animals that otherwise
would enter through the existing
approved ports in Texas and New
Mexico. Any positive impacts of the
proposed rule for small entities in the
San Luis, AZ, area, such as an increased
volume of business for firms that
transport cattle, would be matched by
business declines for firms operating
from the Texas and New Mexico ports.
There may also be positive effects at the
Texas and New Mexico ports to the
extent that the diversion of cattle to San
Luis, AZ, would reduce operational
delays when the demand for imports is
beyond the capacity of the facilities;
however, APHIS has no information on
whether such periods of insufficient
capacity have occurred, and if so, how
frequently.
There are no significant alternatives to
the proposed rule. The Mexican
Government has requested that a port be
established on the Mexico-Arizona
border for the entry into the United
States of cattle from Mexico that have
been infested with fever ticks or
exposed to fever ticks or tick-borne
diseases. APHIS has determined that
with the construction of new facilities at
the port of San Luis, AZ, this request
can be satisfied.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action would not
have a significant economic impact on
a substantial number of small entities.
Executive Order 12988
Quarantine, Reporting and
recordkeeping requirements.
Accordingly, we propose to amend 9
CFR part 93 as follows:
PART 93—IMPORTATION OF CERTAIN
ANIMALS, BIRDS, AND POULTRY,
AND CERTAIN ANIMAL, BIRD, AND
POULTRY PRODUCTS;
REQUIREMENTS FOR MEANS OF
CONVEYANCE AND SHIPPING
CONTAINERS
1. The authority citation for part 93
would continue to read as follows:
Authority: 7 U.S.C. 1622 and 8301–8317;
21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7
CFR 2.22, 2.80, and 371.4.
2. In § 93.427, the introductory text of
paragraph (b)(2) would be revised to
read as follows:
§ 93.427
Cattle from Mexico.
*
*
*
*
*
(b) * * *
(2) Cattle that have been exposed to
splenetic, southern, or tick fever, or that
have been infested with or exposed to
fever ticks, may be imported from
Mexico at one of the land border ports
in Texas listed in § 93.403(c) or at the
ports of Santa Teresa, NM, or San Luis,
AZ, provided that the following
conditions are strictly observed and
complied with:
*
*
*
*
*
Done in Washington, DC, this 3rd day of
November 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 05–22337 Filed 11–8–05; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. If this proposed rule is
adopted: (1) All State and local laws and
regulations that are in conflict with this
rule will be preempted; (2) no
retroactive effect will be given to this
rule; and (3) administrative proceedings
will not be required before parties may
file suit in court challenging this rule.
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003–NM–271–AD]
RIN 2120–AA64
Paperwork Reduction Act
This proposed rule contains no
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
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:
List of Subjects in 9 CFR Part 93
Animal diseases, Imports, Livestock,
Poultry and poultry products,
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16:05 Nov 08, 2005
Jkt 208001
Federal Aviation
Administration, Department of
Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking; reopening of
comment period.
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67935
SUMMARY: This document revises an
earlier proposed airworthiness directive
(AD), applicable to certain Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135 and EMB–
145 series airplanes, that would have
required inspecting the pilot’s and copilot’s seat tracks for proper locking of
the seats, and adjusting or replacing the
seat tracks, if necessary. This new action
revises the proposed rule by revising the
applicability statement, and requiring
replacement of the seat locking pin on
certain SICMA-brand seats. The actions
specified by this new proposed AD are
intended to prevent uncommanded
movement of the pilot’s or co-pilot’s
seat, which could interfere with the
operation of the airplane and
consequent temporary loss of airplane
control. This action is intended to
address the identified unsafe condition.
DATES: Comments must be received by
December 5, 2005.
ADDRESSES: Submit comments in
triplicate to the Federal Aviation
Administration (FAA), Transport
Airplane Directorate, ANM–114,
Attention: Rules Docket No. 2003–NM–
271–AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055–4056.
Comments may be inspected at this
location between 9 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays. Comments may be submitted
via fax to (425) 227–1232. Comments
may also be sent via the Internet using
the following address: 9-anmnprmcomment@faa.gov. Comments sent
via fax or the Internet must contain
‘‘Docket No. 2003–NM–271–AD’’ in the
subject line and need not be submitted
in triplicate. Comments sent via the
Internet as attached electronic files must
be formatted in Microsoft Word 97 or
2000 or ASCII text.
The service information referenced in
the proposed rule may be obtained from
Empresa Brasileira de Aeronautica S.A.
(EMBRAER), P.O. Box 343–CEP 12.225,
Sao Jose dos Campos—SP, Brazil. This
information may be examined at the
FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton,
Washington.
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:
Comments Invited
Interested persons are invited to
participate in the making of the
proposed rule by submitting such
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Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Proposed Rules
written data, views, or arguments as
they may desire. Communications shall
identify the Rules Docket number and
be submitted in triplicate to the address
specified above. All communications
received on or before the closing date
for comments, specified above, will be
considered before taking action on the
proposed rule. The proposals contained
in this action may be changed in light
of the comments received.
Submit comments using the following
format:
• Organize comments issue-by-issue.
For example, discuss a request to
change the compliance time and a
request to change the service bulletin
reference as two separate issues.
• For each issue, state what specific
change to the proposed AD is being
requested.
• Include justification (e.g., reasons or
data) for each request.
Comments are specifically invited on
the overall regulatory, economic,
environmental, and energy aspects of
the proposed rule. All comments
submitted will be available, both before
and after the closing date for comments,
in the Rules Docket for examination by
interested persons. A report
summarizing each FAA-public contact
concerned with the substance of this
proposal will be filed in the Rules
Docket.
Commenters wishing the FAA to
acknowledge receipt of their comments
submitted in response to this action
must submit a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket Number 2003–NM–271–AD.’’
The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this
NPRM by submitting a request to the
FAA, Transport Airplane Directorate,
ANM–114, Attention: Rules Docket No.
2003–NM–271–AD, 1601 Lind Avenue,
SW., Renton, Washington 98055–4056.
Discussion
A proposal to amend part 39 of the
Federal Aviation Regulations (14 CFR
part 39) to add an airworthiness
directive (AD), applicable to certain
Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135 and EMB–
145 series airplanes, was published as a
notice of proposed rulemaking (NPRM)
in the Federal Register on June 18, 2004
(69 FR 34091). That NPRM would have
required inspecting the pilot’s and copilot’s seat tracks for proper locking of
the seats, and adjusting or replacing the
seat tracks, if necessary. That NPRM
was prompted by a number of cases
VerDate Aug<31>2005
16:05 Nov 08, 2005
Jkt 208001
reported where flight crews had
difficulty fitting the lock pin into the
track of their seats during seat
adjustments due to damage in the seat
track locking hole. That condition, if not
corrected, could result in
uncommanded movement of the pilot’s
or co-pilot’s seat, which could result in
interference with the operation of the
airplane and consequent temporary loss
of airplane control.
Actions Since Issuance of Previous
Proposal
Since the issuance of the original
NPRM, the Departmento de Aviacao
Civil (DAC) has issued a revision of
Brazilian airworthiness directive 2002–
09–01. That revision (2002–09–01R1,
effective June 2, 2004) added a
modification of certain SICMA seats
installed on Model EMB–135 airplanes
and Model EMB–145, –145ER, –145MR,
–145LR, –145XR, –145MP, and –145EP
airplanes. The modification replaces
certain seat locking pins with new,
improved seat locking pins.
We have also learned that the seat
locking pin was designed with an
incorrect shape. The use of the
incorrectly shaped locking pin can
cause damage to the seat track locking
holes, and is the main factor that results
in the uncommanded movement.
Comments on Original NPRM
We provided the public the
opportunity to participate in the
development of this proposed AD. We
have considered the comments that
have been submitted on the original
NPRM. Due consideration has been
given to the comments received in
response to the NPRM.
Request To Allow Previous Revisions of
Service Bulletins
One commenter requests that prior
revisions levels of EMBRAER Service
Bulletin 145–53–0027 be included in
the proposed AD. The commenter has
accomplished portions of inspections in
accordance with service bulletin 145–
53–0027, dated May 31, 2001; and
Change 01, dated March 12, 2002.
Another commenter, the
manufacturer, suggests that we change
the proposed AD to include a paragraph
allowing actions performed in
accordance with previous issues of
SICMA Service Bulletin 147–25–020,
Issue 2, dated December 22, 2003.
We agree with the commenters’
requests. We have revised paragraphs (e)
and (f) of this supplemental NPRM
(paragraph (e) of the original NPRM) to
allow previous actions that were
performed before the effective date of
the proposed AD in accordance with
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Fmt 4702
Sfmt 4702
earlier revisions of the service
information.
Request To Shorten the Compliance
Time
One commenter suggests that the 500flight-hour inspection interval of the
seat tracks is too long. The commenter
feels that further degradation of the seat
tracks within that inspection interval
may result in a failure prior to the next
inspection. Also, due to the severity of
the loss of control in the event of an
uncommanded movement of the pilot’s
seat, the commenter suggests that a
‘‘much shorter inspection interval be
required.’’
We do not agree with the commenter’s
request to shorten the compliance time.
In developing an appropriate
compliance time, we considered the
safety implications, parts availability,
and normal maintenance schedules for
timely accomplishment of the
modifications. Further, we arrived at the
proposed compliance time with DAC
concurrence. In addition, we added
paragraph (b) to the supplemental
NPRM to require replacement of
existing seat locking pins with new,
improved seat locking pins, which
addresses the major cause of the
degradation of the seat tracks.
Request To Revise Unsafe Condition
One commenter, the airplane
manufacturer, states that the unsafe
condition statement does not fully
address the cause of the misaligned and
excessively worn seat tracks. The
condition of the seat tracks contribute to
uncommanded seat movements, but the
main reason for the condition of the seat
tracks is because the locking pin was
designed with the wrong shape. The
commenter also asserts that the issuance
of the SICMA Service Bulletin 147–25–
020, Issue 2, dated December 22, 2003,
which addresses the locking pin, is the
reason why the DAC issued the revised
Brazilian airworthiness directive 2002–
09–01R1, effective June 2, 2004. We
infer that the commenter is requesting
that the unsafe condition statement be
revised to include the origins of the
damage to the seat tracks.
We agree with the commenter that
further information on the origins of the
unsafe condition should be included in
the supplemental NPRM. We have
added a statement addressing the origin
of the seat track damage under ‘‘Actions
Since Issuance of Previous Proposal’’
above to supplement the Discussion
section of the original NPRM.
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Request To Revise Applicability
Statement of the Proposed AD
The commenter requests that the
applicability statement of the original
NPRM be revised to apply to certain
SICMA seats having part number (P/Ns)
1471610–00 through 1471610–03
inclusive, and P/N 1471611–00 through
1471611–03 inclusive, ‘‘installed on
Model EMB–135 and –145 series
airplanes.’’
We agree with the commenter that the
applicability statement needs to be
revised. However, while the faulty
locking pin was installed only on those
seats with P/Ns stated above, the seats
are rotatable and could be installed on
any Model EMB–135 airplanes and
EMB–145, –145ER, –145MR, –145LR,
–145XR, –145MP, and –145EP
airplanes. We find that the suggested
applicability could inadvertently
exclude airplanes that may have seat
track damage from a previous
installation of an affected SICMA seat
part number, but do not have an affected
SICMA seat installed as of the effective
date of the proposed AD.
We have concluded that the
applicability statement must affect all
Model EMB–135 airplanes and Model
EMB–145, –145ER, –145MR, –145LR,
–145XR, –145MP, and –145EP
airplanes. This applicability matches
the applicability of the revised Brazilian
airworthiness directive. Affecting all
Model EMB–135 airplanes and EMB–
145, –145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP airplanes also
allows us to prohibit installation of a
SICMA seat with a faulty locking pin on
any Model EMB–135 airplanes or Model
EMB–145, –145ER, –145MR, –145LR,
–145XR, –145MP, and –145EP airplanes
(unless modified as required) in
paragraph (c) of this supplemental
NPRM, and require certain airplanes to
be inspected for any seat track damage.
Request To Require Seat Track
Inspections
The commenter also requests that we
revise the original NPRM to require, for
airplanes with serial number (S/N)
145002 through 145560, an inspection
of the seat tracks in accordance with the
EMBRAER Service Bulletin 145–53–
0027, Revision 03, dated February 5,
2004, as a concurrent service bulletin
action to replace the seat locking pin on
certain seats with affected P/Ns.
We agree with specifying the airplane
serial numbers, as called out by the
commenter, in paragraph (a)(3) of the
supplemental NPRM. The revision
would simplify the paragraph without
excluding airplanes that may have a
damaged seat track. This difference has
been coordinated with the DAC.
Request To Require Seat Locking Pin
Replacement
In addition, the commenter requests
that we revise the original NPRM to
Number of
airplanes
affected
Action
Inspection to determine seat part and serial numbers
Inspection (Part I of EMBRAER SB 145–53–0027,
Revision 03, February 5, 2004).
Inspection and Alignment (Part III of EMRAER
SB145–53–0027, Revision 03, February 5, 2004).
Locking Pin and Spring Replacement (SICMA Aero
Seat SB 147–25–020, Issue 2, December 22,
2003).
The cost impact figures discussed
above are based on assumptions that no
operator has yet accomplished any of
the proposed requirements of this AD
action, and that no operator would
accomplish those actions in the future if
this AD were not adopted. The cost
impact figures discussed in AD
rulemaking actions represent only the
time necessary to perform the specific
actions actually required by the AD.
These figures typically do not include
incidental costs, such as the time
required to gain access and close up,
planning time, or time necessitated by
other administrative actions.
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16:05 Nov 08, 2005
Jkt 208001
Work hours
Conclusion
Since these changes expand the scope
of the originally proposed rule, the FAA
has determined that it is necessary to
reopen the comment period to provide
additional opportunity for public
comment.
Explanation of Change to Applicability
We have revised the applicability of
the original NPRM to identify model
designations as published in the most
recent type certificate data sheet for the
affected models.
Cost Impact
The FAA estimates that 550 airplanes
of U.S. registry would be affected by this
supplemental NPRM. The following
table shows the estimated cost impact
for airplanes affected by this
supplemental NPRM. The average labor
rate is $65 per work hour.
Total cost
550
459
1
4
(none)
(none)
$35,750, or $65 per airplane.
$119,340, or $260 per airplane.
348
4
(none)
$90,480, or $260 per airplane.
459
1
$684
$343,791, or $749 per airplane.
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
Frm 00007
require replacement of seat locking pins
on all SICMA seats having part number
(P/N) 1471610–00 through 1471610–03
inclusive, and P/N 1471611–00 through
1471611–03 inclusive, installed on
Model EMB–135 airplanes and EMB–
145, –145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP airplanes.
We agree with the commenter that the
faulty seat locking pins need to be
replaced with new pins. We have added
paragraph (b) to the supplemental
NPRM.
Parts cost
Authority for This Rulemaking
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Fmt 4702
Sfmt 4702
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 Impact
The regulations proposed herein
would not have a substantial direct
effect on the States, on the relationship
between the national Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. Therefore,
it is determined that this proposal
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Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Proposed Rules
would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I
certify that this proposed regulation (1)
is not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under the DOT
Regulatory Policies and Procedures (44
FR 11034, February 26, 1979); and (3) if
promulgated, 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. A copy of the draft
regulatory evaluation prepared for this
action is contained in the Rules Docket.
A copy of it may be obtained by
contacting the Rules Docket at the
location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the Federal Aviation
Administration proposes to amend part
39 of the Federal Aviation Regulations
(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. Section 39.13 is amended by
adding the following new airworthiness
directive:
Empresa Brasileira de Aeronautica S.A.
(EMBRAER): Docket 2003–NM–271–AD.
Applicability: All 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.
Compliance: Required as indicated, unless
accomplished previously.
To prevent uncommanded movement of
the pilot’s or copilot’s seat, which could
interfere with the operation of the airplane
and consequent temporary loss of airplane
control, accomplish the following:
Initial Inspection and Corrective Action
(a) Within 500 flight hours after the
effective date of this AD, do the actions
specified in paragraphs (a)(1), (a)(2), and
(a)(3), as applicable.
(1) For all airplanes: Do an inspection of
the pilot’s and co-pilot’s seats for part
numbers (P/N) and serial numbers (S/N). A
review of airplane maintenance records is
acceptable in lieu of this inspection if the P/
N and S/N of the seats can be conclusively
determined from that review.
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(i) If any seat is found to have P/N
1471610–00 or 1471611–00, and the S/N is
000 through 324 inclusive, before further
flight, do general visual and detailed
inspection of the seat tracks for proper
locking of the seats, and do all applicable
related investigative actions and corrective
actions, in accordance with Parts I and II, as
applicable, of the Accomplishment
Instructions of the EMBRAER Service
Bulletin 145–53–0027, Revision 03, dated
February 5, 2004.
Note 1: For the purposes of this AD, a
general visual inspection is: ‘‘A visual
examination of an interior or exterior area,
installation, or assembly to detect obvious
damage, failure, or irregularity. This level of
inspection is made from within touching
distance unless otherwise specified. A mirror
may be necessary to ensure visual access to
all surfaces in the inspection area. This level
of inspection is made under normally
available lighting conditions such as
daylight, hangar lighting, flashlight, or
droplight and may require removal or
opening of access panels or doors. Stands,
ladders, or platforms may be required to gain
proximity to the area being checked.’’
Note 2: For the purposes of this AD, a
detailed inspection is: ‘‘An intensive
examination of a specific item, installation,
or assembly to detect damage, failure, or
irregularity. Available lighting is normally
supplemented with a direct source of good
lighting at an intensity deemed appropriate.
Inspection aids such as mirror, magnifying
lenses, etc., may be necessary. Surface
cleaning and elaborate procedures may be
required.’’
Note 3: EMBRAER Service Bulletin 145–
53–0027, Revision 03, dated February 5,
2004, refers to EMBRAER Model EMB–145
Structural Repair Manual, Chapter 53–12–11,
dated July 18, 2001, as an additional source
of information on the limits of acceptable
wear.
(ii) If seats are found not to have P/N
1471610–00 or 1471611–00, and a S/N that
is up to and including 324 inclusive, no
further action is required by this paragraph.
(2) For airplanes having S/N 145004
through 145290 inclusive, do the actions
specified in paragraph (a)(2)(i) or (a)(2)(ii) of
this AD, as applicable.
(i) For airplanes with a seat track having
P/N 145–33669–001: Do general visual and
detailed inspections of the seat track(s) for
proper locking of the seat and excessive
wear, and do any applicable corrective
action, in accordance with Part I and II, as
applicable, of the Accomplishment
Instructions of EMBRAER Service Bulletin
145–53–0027, Revision 03, dated February 5,
2004. Replace seat tracks that are found to
have excessive wear within 50 flight hours
after the inspection with a new seat track
having P/N 145–33669–003 or 145–33669–
601. Do any other applicable corrective
action before further flight. Repeat the
general visual and detailed inspections
thereafter at intervals not to exceed 500 flight
hours until the seat track is replaced by a
new seat track having P/N 145–33669–003 or
145–33669–601.
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Fmt 4702
Sfmt 4702
(ii) For airplanes without a seat track
having P/N 145–33669–001, no further action
is required by this paragraph.
(3) For airplanes having S/N 145002
through 145560 inclusive: If any seat is found
during the inspection required by paragraph
(a)(1) of this AD that does not have a P/N and
S/N specified in paragraph (a)(1)(i) of this
AD, within 500 flight hours after the effective
date of this AD, do a general visual and
detailed inspection of the pilot’s and copilot’s seats for proper locking of the seats,
and do all applicable related investigative
and corrective action in accordance with Part
III of the Accomplishment Instructions of
EMBRAER Service Bulletin 145–53–0027,
Revision 03, dated February 5, 2004, except
as provided by paragraph (d) of this AD. Do
any corrective actions before further flight.
Replacement
(b) For airplanes with a SICMA seat(s)
bearing a part number (P/N) listed in Table
1 of this AD, within 1,000 flight hours after
the effective date of this AD, replace the seat
locking pin with a new, improved seat
locking pin in accordance with the
Accomplishment Instructions of SICMA Aero
Seat Service Bulletin 147–25–020, Issue 2,
dated December 22, 2003. For airplanes
without any SICMA seat bearing a P/N listed
in Table 1 of this AD, no further action is
required by this paragraph.
TABLE 1.—SICMA SEAT P/NS
Part Number
1471610–00
1471610–01
1471610–02
1471610–03
1471611–00
1471611–01
1471611–02
1471611–03
Parts Installation
(c) As of the effective date of this AD, no
SICMA seat bearing a P/N listed in Table 1
of this AD may be installed on any airplane
unless the seat locking pin has been replaced
in accordance with paragraph (b) of this AD.
Certain Repairs
(d) Where the EMBRAER service bulletin
recommends contacting EMBRAER for
appropriate action: Before further flight,
repair per a method approved by either the
Manager, International Branch, ANM–116,
FAA, Transport Airplane Directorate; or the
Departamento de Aviacao Civil (or its
delegated agent).
Actions Accomplished Per Previous Issue of
Service Bulletin
(e) Accomplishment of the actions
specified in EMBRAER Service Bulletin 145–
53–0027, dated May 31, 2001; Revision 01,
dated March 12, 2002; or Revision 02, dated
January 24, 2003; before the effective date of
this AD, is considered acceptable for
compliance with the corresponding
requirements of paragraph (a) of this AD.
(f) Accomplishment of the actions
specified in SICMA Aero Seat Service
E:\FR\FM\09NOP1.SGM
09NOP1
Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Proposed Rules
Bulletin 147–25–020, dated November 11,
2003; or Issue 1, dated December 3, 2003;
before the effective date of this AD, is
considered acceptable for compliance with
the requirements of paragraph (b) of this AD.
Alternative Methods of Compliance
(g)(1) In accordance with 14 CFR 39.19, the
Manager, International Branch, ANM–116,
FAA, is authorized to approve alternative
methods of compliance (AMOCs) for this AD.
(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.
Note 4: The subject of this AD is addressed
in Brazilian airworthiness directive 2002–09–
01R1, dated June 2, 2004.
Issued in Renton, Washington, on October
25, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–22311 Filed 11–8–05; 8:45 am]
BILLING CODE 4910–13–U
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2004–19866; Directorate
Identifier 2004–NM–25–AD]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 767–200, –300, and –300F Series
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
AGENCY:
SUMMARY: The FAA is revising an earlier
proposed airworthiness directive (AD)
for certain Boeing Model 767–200, –300,
and –300F series airplanes. The original
NPRM would have required verifying
the part and serial numbers of certain
main landing gear (MLG) bogie beam
pivot pins; replacing those pivot pins
with new or overhauled pivot pins if
necessary; and ultimately replacing all
pivot pins with new, improved pivot
pins. The original NPRM was prompted
by reports indicating that numerous
fractures of the MLG bogie beam pivot
pin have been found and that some
pivot pins may have had improper
rework during manufacture. This action
revises the original NPRM by adding
new inspections; revising the inspection
thresholds and repetitive intervals; and
revising the compliance time for
VerDate Aug<31>2005
16:05 Nov 08, 2005
Jkt 208001
replacing all pivot pins with newmaterial pins. We are proposing this
supplemental NPRM to prevent fracture
of the MLG bogie beam pivot pin, which
could lead to possible loss of the MLG
truck during takeoff or landing and
consequent loss of control of the
airplane.
DATES: We must receive comments on
this supplemental NPRM by December
5, 2005.
ADDRESSES: Use one of the following
addresses to submit comments on this
supplemental NPRM.
• DOT Docket Web site: Go to http:
//dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street SW., Nassif Building,
Room PL–401, Washington, DC 20590.
• Fax: (202) 493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in
this proposed AD, contact Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207.
You can examine the contents of this
AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street
SW., room PL–401, on the plaza level of
the Nassif Building, Washington, DC.
This docket number is FAA–2004–
19866; the directorate identifier for this
docket is 2004–NM–25–AD.
FOR FURTHER INFORMATION CONTACT:
Candice Gerretsen, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 917–6428; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant
written data, views, or arguments
regarding this supplemental NPRM.
Send your comments to an address
listed under ADDRESSES. Include
‘‘Docket No. FAA–2004–19866;
Directorate Identifier 2004–NM–25–AD’’
at the beginning of your comments. We
specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
this supplemental NPRM. We will
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
67939
consider all comments received by the
closing date and may amend this
supplemental NPRM in light of those
comments.
We will post all comments submitted,
without change, to https://dms.dot.gov,
including any personal information you
provide. We will also post a report
summarizing each substantive verbal
contact with FAA personnel concerning
this supplemental NPRM. Using the
search function of our docket Web site,
anyone can find and read the comments
in any of our dockets, including the
name of the individual who sent the
comment (or signed the comment on
behalf of an association, business, labor
union, etc.). You can review the DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477–78), or you can visit
https://dms.dot.gov.
Examining the Docket
You can examine the AD docket on
the Internet at https://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 in the Nassif Building at the DOT
street address stated in ADDRESSES.
Comments will be available in the AD
docket shortly after the Docket
Management System (DMS) receives
them.
Discussion
We proposed to amend 14 CFR part
39 with a notice of proposed rulemaking
(NPRM) for an AD (the ‘‘original
NPRM’’) for certain Boeing Model 767–
200, –300, and –300F series airplanes.
The original NPRM was published in
the Federal Register on December 16,
2004 (69 FR 75270). The original NPRM
proposed to require verifying the part
and serial numbers of certain main
landing gear (MLG) bogie beam pivot
pins; replacing those pivot pins with
new or overhauled pivot pins if
necessary; and ultimately replacing all
pivot pins with new, improved pivot
pins.
Actions Since Original NPRM Was
Issued
Since we issued the original NPRM,
the manufacturer notified us that the
parts necessary to accomplish the
terminating action are not available in
quantities that are sufficient for
operators to accomplish the action
within the proposed compliance time.
In addition, the number of pivot pin
failures has increased. This increase in
failures combined with the limited
E:\FR\FM\09NOP1.SGM
09NOP1
Agencies
[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Proposed Rules]
[Pages 67935-67939]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22311]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-271-AD]
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, Department of Transportation
(DOT).
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
-----------------------------------------------------------------------
SUMMARY: This document revises an earlier proposed airworthiness
directive (AD), applicable to certain Empresa Brasileira de Aeronautica
S.A. (EMBRAER) Model EMB-135 and EMB-145 series airplanes, that would
have required inspecting the pilot's and co-pilot's seat tracks for
proper locking of the seats, and adjusting or replacing the seat
tracks, if necessary. This new action revises the proposed rule by
revising the applicability statement, and requiring replacement of the
seat locking pin on certain SICMA-brand seats. The actions specified by
this new proposed AD are intended to prevent uncommanded movement of
the pilot's or co-pilot's seat, which could interfere with the
operation of the airplane and consequent temporary loss of airplane
control. This action is intended to address the identified unsafe
condition.
DATES: Comments must be received by December 5, 2005.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2003-NM-271-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2003-NM-271-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O.
Box 343-CEP 12.225, Sao Jose dos Campos--SP, Brazil. This information
may be examined at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington.
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:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such
[[Page 67936]]
written data, views, or arguments as they may desire. Communications
shall identify the Rules Docket number and be submitted in triplicate
to the address specified above. All communications received on or
before the closing date for comments, specified above, will be
considered before taking action on the proposed rule. The proposals
contained in this action may be changed in light of the comments
received.
Submit comments using the following format:
Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
For each issue, state what specific change to the proposed
AD is being requested.
Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2003-NM-271-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2003-NM-271-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an airworthiness directive (AD), applicable to
certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135
and EMB-145 series airplanes, was published as a notice of proposed
rulemaking (NPRM) in the Federal Register on June 18, 2004 (69 FR
34091). That NPRM would have required inspecting the pilot's and co-
pilot's seat tracks for proper locking of the seats, and adjusting or
replacing the seat tracks, if necessary. That NPRM was prompted by a
number of cases reported where flight crews had difficulty fitting the
lock pin into the track of their seats during seat adjustments due to
damage in the seat track locking hole. That condition, if not
corrected, could result in uncommanded movement of the pilot's or co-
pilot's seat, which could result in interference with the operation of
the airplane and consequent temporary loss of airplane control.
Actions Since Issuance of Previous Proposal
Since the issuance of the original NPRM, the Departmento de Aviacao
Civil (DAC) has issued a revision of Brazilian airworthiness directive
2002-09-01. That revision (2002-09-01R1, effective June 2, 2004) added
a modification of certain SICMA seats installed on Model EMB-135
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes. The modification replaces certain seat locking
pins with new, improved seat locking pins.
We have also learned that the seat locking pin was designed with an
incorrect shape. The use of the incorrectly shaped locking pin can
cause damage to the seat track locking holes, and is the main factor
that results in the uncommanded movement.
Comments on Original NPRM
We provided the public the opportunity to participate in the
development of this proposed AD. We have considered the comments that
have been submitted on the original NPRM. Due consideration has been
given to the comments received in response to the NPRM.
Request To Allow Previous Revisions of Service Bulletins
One commenter requests that prior revisions levels of EMBRAER
Service Bulletin 145-53-0027 be included in the proposed AD. The
commenter has accomplished portions of inspections in accordance with
service bulletin 145-53-0027, dated May 31, 2001; and Change 01, dated
March 12, 2002.
Another commenter, the manufacturer, suggests that we change the
proposed AD to include a paragraph allowing actions performed in
accordance with previous issues of SICMA Service Bulletin 147-25-020,
Issue 2, dated December 22, 2003.
We agree with the commenters' requests. We have revised paragraphs
(e) and (f) of this supplemental NPRM (paragraph (e) of the original
NPRM) to allow previous actions that were performed before the
effective date of the proposed AD in accordance with earlier revisions
of the service information.
Request To Shorten the Compliance Time
One commenter suggests that the 500-flight-hour inspection interval
of the seat tracks is too long. The commenter feels that further
degradation of the seat tracks within that inspection interval may
result in a failure prior to the next inspection. Also, due to the
severity of the loss of control in the event of an uncommanded movement
of the pilot's seat, the commenter suggests that a ``much shorter
inspection interval be required.''
We do not agree with the commenter's request to shorten the
compliance time. In developing an appropriate compliance time, we
considered the safety implications, parts availability, and normal
maintenance schedules for timely accomplishment of the modifications.
Further, we arrived at the proposed compliance time with DAC
concurrence. In addition, we added paragraph (b) to the supplemental
NPRM to require replacement of existing seat locking pins with new,
improved seat locking pins, which addresses the major cause of the
degradation of the seat tracks.
Request To Revise Unsafe Condition
One commenter, the airplane manufacturer, states that the unsafe
condition statement does not fully address the cause of the misaligned
and excessively worn seat tracks. The condition of the seat tracks
contribute to uncommanded seat movements, but the main reason for the
condition of the seat tracks is because the locking pin was designed
with the wrong shape. The commenter also asserts that the issuance of
the SICMA Service Bulletin 147-25-020, Issue 2, dated December 22,
2003, which addresses the locking pin, is the reason why the DAC issued
the revised Brazilian airworthiness directive 2002-09-01R1, effective
June 2, 2004. We infer that the commenter is requesting that the unsafe
condition statement be revised to include the origins of the damage to
the seat tracks.
We agree with the commenter that further information on the origins
of the unsafe condition should be included in the supplemental NPRM. We
have added a statement addressing the origin of the seat track damage
under ``Actions Since Issuance of Previous Proposal'' above to
supplement the Discussion section of the original NPRM.
[[Page 67937]]
Request To Revise Applicability Statement of the Proposed AD
The commenter requests that the applicability statement of the
original NPRM be revised to apply to certain SICMA seats having part
number (P/Ns) 1471610-00 through 1471610-03 inclusive, and P/N 1471611-
00 through 1471611-03 inclusive, ``installed on Model EMB-135 and -145
series airplanes.''
We agree with the commenter that the applicability statement needs
to be revised. However, while the faulty locking pin was installed only
on those seats with P/Ns stated above, the seats are rotatable and
could be installed on any Model EMB-135 airplanes and EMB-145, -145ER,
-145MR, -145LR, -145XR, -145MP, and -145EP airplanes. We find that the
suggested applicability could inadvertently exclude airplanes that may
have seat track damage from a previous installation of an affected
SICMA seat part number, but do not have an affected SICMA seat
installed as of the effective date of the proposed AD.
We have concluded that the applicability statement must affect all
Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes. This applicability matches the
applicability of the revised Brazilian airworthiness directive.
Affecting all Model EMB-135 airplanes and EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes also allows us to prohibit
installation of a SICMA seat with a faulty locking pin on any Model
EMB-135 airplanes or Model EMB-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes (unless modified as required) in paragraph
(c) of this supplemental NPRM, and require certain airplanes to be
inspected for any seat track damage.
Request To Require Seat Track Inspections
The commenter also requests that we revise the original NPRM to
require, for airplanes with serial number (S/N) 145002 through 145560,
an inspection of the seat tracks in accordance with the EMBRAER Service
Bulletin 145-53-0027, Revision 03, dated February 5, 2004, as a
concurrent service bulletin action to replace the seat locking pin on
certain seats with affected P/Ns.
We agree with specifying the airplane serial numbers, as called out
by the commenter, in paragraph (a)(3) of the supplemental NPRM. The
revision would simplify the paragraph without excluding airplanes that
may have a damaged seat track. This difference has been coordinated
with the DAC.
Request To Require Seat Locking Pin Replacement
In addition, the commenter requests that we revise the original
NPRM to require replacement of seat locking pins on all SICMA seats
having part number (P/N) 1471610-00 through 1471610-03 inclusive, and
P/N 1471611-00 through 1471611-03 inclusive, installed on Model EMB-135
airplanes and EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes.
We agree with the commenter that the faulty seat locking pins need
to be replaced with new pins. We have added paragraph (b) to the
supplemental NPRM.
Conclusion
Since these changes expand the scope of the originally proposed
rule, the FAA has determined that it is necessary to reopen the comment
period to provide additional opportunity for public comment.
Explanation of Change to Applicability
We have revised the applicability of the original NPRM to identify
model designations as published in the most recent type certificate
data sheet for the affected models.
Cost Impact
The FAA estimates that 550 airplanes of U.S. registry would be
affected by this supplemental NPRM. The following table shows the
estimated cost impact for airplanes affected by this supplemental NPRM.
The average labor rate is $65 per work hour.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of
Action airplanes Work hours Parts cost Total cost
affected
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection to determine seat part and 550 1 (none) $35,750, or $65 per airplane.
serial numbers.
Inspection (Part I of EMBRAER SB 145-53- 459 4 (none) $119,340, or $260 per airplane.
0027, Revision 03, February 5, 2004).
Inspection and Alignment (Part III of 348 4 (none) $90,480, or $260 per airplane.
EMRAER SB145-53-0027, Revision 03,
February 5, 2004).
Locking Pin and Spring Replacement (SICMA 459 1 $684 $343,791, or $749 per airplane.
Aero Seat SB 147-25-020, Issue 2, December
22, 2003).
--------------------------------------------------------------------------------------------------------------------------------------------------------
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the proposed requirements
of this AD action, and that no operator would accomplish those actions
in the future if this AD were not adopted. The cost impact figures
discussed in AD rulemaking actions represent only the time necessary to
perform the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
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 Impact
The regulations proposed herein would not have a substantial direct
effect on the States, on the relationship between the national
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, it
is determined that this proposal
[[Page 67938]]
would not have federalism implications under Executive Order 13132.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 2003-NM-
271-AD.
Applicability: All 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.
Compliance: Required as indicated, unless accomplished
previously.
To prevent uncommanded movement of the pilot's or copilot's
seat, which could interfere with the operation of the airplane and
consequent temporary loss of airplane control, accomplish the
following:
Initial Inspection and Corrective Action
(a) Within 500 flight hours after the effective date of this AD,
do the actions specified in paragraphs (a)(1), (a)(2), and (a)(3),
as applicable.
(1) For all airplanes: Do an inspection of the pilot's and co-
pilot's seats for part numbers (P/N) and serial numbers (S/N). A
review of airplane maintenance records is acceptable in lieu of this
inspection if the P/N and S/N of the seats can be conclusively
determined from that review.
(i) If any seat is found to have P/N 1471610-00 or 1471611-00,
and the S/N is 000 through 324 inclusive, before further flight, do
general visual and detailed inspection of the seat tracks for proper
locking of the seats, and do all applicable related investigative
actions and corrective actions, in accordance with Parts I and II,
as applicable, of the Accomplishment Instructions of the EMBRAER
Service Bulletin 145-53-0027, Revision 03, dated February 5, 2004.
Note 1: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''
Note 2: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
Note 3: EMBRAER Service Bulletin 145-53-0027, Revision 03, dated
February 5, 2004, refers to EMBRAER Model EMB-145 Structural Repair
Manual, Chapter 53-12-11, dated July 18, 2001, as an additional
source of information on the limits of acceptable wear.
(ii) If seats are found not to have P/N 1471610-00 or 1471611-
00, and a S/N that is up to and including 324 inclusive, no further
action is required by this paragraph.
(2) For airplanes having S/N 145004 through 145290 inclusive, do
the actions specified in paragraph (a)(2)(i) or (a)(2)(ii) of this
AD, as applicable.
(i) For airplanes with a seat track having P/N 145-33669-001: Do
general visual and detailed inspections of the seat track(s) for
proper locking of the seat and excessive wear, and do any applicable
corrective action, in accordance with Part I and II, as applicable,
of the Accomplishment Instructions of EMBRAER Service Bulletin 145-
53-0027, Revision 03, dated February 5, 2004. Replace seat tracks
that are found to have excessive wear within 50 flight hours after
the inspection with a new seat track having P/N 145-33669-003 or
145-33669-601. Do any other applicable corrective action before
further flight. Repeat the general visual and detailed inspections
thereafter at intervals not to exceed 500 flight hours until the
seat track is replaced by a new seat track having P/N 145-33669-003
or 145-33669-601.
(ii) For airplanes without a seat track having P/N 145-33669-
001, no further action is required by this paragraph.
(3) For airplanes having S/N 145002 through 145560 inclusive: If
any seat is found during the inspection required by paragraph (a)(1)
of this AD that does not have a P/N and S/N specified in paragraph
(a)(1)(i) of this AD, within 500 flight hours after the effective
date of this AD, do a general visual and detailed inspection of the
pilot's and co-pilot's seats for proper locking of the seats, and do
all applicable related investigative and corrective action in
accordance with Part III of the Accomplishment Instructions of
EMBRAER Service Bulletin 145-53-0027, Revision 03, dated February 5,
2004, except as provided by paragraph (d) of this AD. Do any
corrective actions before further flight.
Replacement
(b) For airplanes with a SICMA seat(s) bearing a part number (P/
N) listed in Table 1 of this AD, within 1,000 flight hours after the
effective date of this AD, replace the seat locking pin with a new,
improved seat locking pin in accordance with the Accomplishment
Instructions of SICMA Aero Seat Service Bulletin 147-25-020, Issue
2, dated December 22, 2003. For airplanes without any SICMA seat
bearing a P/N listed in Table 1 of this AD, no further action is
required by this paragraph.
Table 1.--SICMA Seat P/Ns
------------------------------------------------------------------------
Part Number
-------------------------------------------------------------------------
1471610-00
1471610-01
1471610-02
1471610-03
1471611-00
1471611-01
1471611-02
1471611-03
------------------------------------------------------------------------
Parts Installation
(c) As of the effective date of this AD, no SICMA seat bearing a
P/N listed in Table 1 of this AD may be installed on any airplane
unless the seat locking pin has been replaced in accordance with
paragraph (b) of this AD.
Certain Repairs
(d) Where the EMBRAER service bulletin recommends contacting
EMBRAER for appropriate action: Before further flight, repair per a
method approved by either the Manager, International Branch, ANM-
116, FAA, Transport Airplane Directorate; or the Departamento de
Aviacao Civil (or its delegated agent).
Actions Accomplished Per Previous Issue of Service Bulletin
(e) Accomplishment of the actions specified in EMBRAER Service
Bulletin 145-53-0027, dated May 31, 2001; Revision 01, dated March
12, 2002; or Revision 02, dated January 24, 2003; before the
effective date of this AD, is considered acceptable for compliance
with the corresponding requirements of paragraph (a) of this AD.
(f) Accomplishment of the actions specified in SICMA Aero Seat
Service
[[Page 67939]]
Bulletin 147-25-020, dated November 11, 2003; or Issue 1, dated
December 3, 2003; before the effective date of this AD, is
considered acceptable for compliance with the requirements of
paragraph (b) of this AD.
Alternative Methods of Compliance
(g)(1) In accordance with 14 CFR 39.19, the Manager,
International Branch, ANM-116, FAA, is authorized to approve
alternative methods of compliance (AMOCs) for this AD.
(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.
Note 4: The subject of this AD is addressed in Brazilian
airworthiness directive 2002-09-01R1, dated June 2, 2004.
Issued in Renton, Washington, on October 25, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-22311 Filed 11-8-05; 8:45 am]
BILLING CODE 4910-13-U