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, 5976-5979 [06-990]

Download as PDF 5976 Federal Register / Vol. 71, No. 24 / Monday, February 6, 2006 / Rules and Regulations TABLE 4.—SERVICE INFORMATION FOR ACTIONS ACCOMPLISHED PREVIOUSLY Airbus model Airbus service bulletin A330–201, –202, –203, –223, —243, –301, –321, –322, –323, –341, –342, and –343 airplanes. A340–211, –212, –213, –311, –312, and —313 airplanes. No Submission of Information/Parts (j) Where any Airbus service bulletin specifies to submit information to Airbus, or send removed float valves to either ArgoTech or Intertechnique, those actions are not required by this AD. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) Before using any AMOC approved in accordance with 14 CFR 39.19 on any airplane to which the AMOC applies, notify A330–28–3087, dated July 24, 2003. A330–28–3089, Revision 01, dated May 12, 2004. A340–28–4100, A340–28–4101, A340–28–4103, A340–28–5010, A340–28–5021, dated July 24, 2003. dated July 24, 2003. Revision 01, dated May 12, 2004. dated May 7, 2004. dated April 6, 2005. the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information (l) French airworthiness directives F– 2005–003, dated January 5, 2005, and F– 2005–004 R1 and F–2005–005 R1, both dated April 27, 2005, also address the subject of this AD. Material Incorporated by Reference (m) You must use the documents specified in Table 5 of this AD to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., room PL–401, Nassif Building, Washington, DC; on the Internet at http://dms.dot.gov; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call (202) 741–6030, or go to http:// www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. TABLE 5.—MATERIAL INCORPORATED BY REFERENCE Airbus service bulletin Revision level A330–28–3086, excluding Appendix 01 ........................................................................... A330–28–3087, excluding Appendix 01 ........................................................................... A330–28–3088 ................................................................................................................. A330–28–3089 ................................................................................................................. A330–28–3093 ................................................................................................................. A330–28–3094 ................................................................................................................. A340–28–4100 ................................................................................................................. A340–28–4101, excluding Appendix 01 ........................................................................... A340–28–4102 ................................................................................................................. A340–28–4103 ................................................................................................................. A340–28–4111 ................................................................................................................. A340–28–5007 ................................................................................................................. A340–28–5010 ................................................................................................................. A340–28–5021 ................................................................................................................. Original .... 01 ............. Original .... 02 ............ Original .... Original .... 01 ............ 01 ............. Original .... 02 ............ Original .... Original .... Original .... Original .... Issued in Renton, Washington, on January 27, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 06–989 Filed 2–3–06; 8:45 am] BILLING CODE 4910–13–P Federal Aviation Administration SUMMARY: This amendment adopts a new airworthiness directive (AD), applicable to all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135 airplanes, and EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. This AD requires 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 AD also requires replacement of the seat locking pin on certain SICMA-brand seats. The actions specified by this AD are intended to prevent uncommanded movement of the pilot’s or co-pilot’s seat, which could interfere with the 14 CFR Part 39 [Docket No. 2003–NM–271–AD; Amendment 39–14470; AD 2006–03–06] wwhite on PROD1PC65 with RULES Federal Aviation Administration (FAA), Department of Transportation (DOT). AGENCY: Jkt 208001 Final rule. ACTION: 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 16:29 Feb 03, 2006 July 24, 2003. August 16, 2004. April 27, 2004. April 1, 2005. June 16, 2005. April 7, 2005. August 16, 2004. August 16, 2004. April 27, 2004. April 1, 2005. April 6, 2005. May 7, 2004. May 7, 2004. April 6, 2005. DEPARTMENT OF TRANSPORTATION RIN 2120–AA64 VerDate Aug<31>2005 Date PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\06FER1.SGM 06FER1 Federal Register / Vol. 71, No. 24 / Monday, February 6, 2006 / Rules and Regulations operation of the airplane and consequent temporary loss of airplane control. This action is intended to address the identified unsafe condition. DATES: Effective March 13, 2006. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of March 13, 2006. ADDRESSES: The service information referenced in this AD may be obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil; or SICMA Aero Seat, 7 Rue Lucien Coupet, 3600 ISSOUDUN, France. This information may be examined at the Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington. Washington 98055–4056; telephone (425) 227–1175; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135 airplanes, and EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes, was published as a supplemental notice of proposed rulemaking (NPRM) in the Federal Register on November 9, 2005 (70 FR 67935). That action proposed to require 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 action revised the applicability and also proposed to require replacing the seat locking pin on certain SICMA-brand seats. FOR FURTHER INFORMATION CONTACT: Comments We provided the public the opportunity to participate in the development of this AD. No comments have been received on the supplemental Todd Thompson, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 5977 NPRM or on the determination of the cost to the public. Clarification of Alternative Method of Compliance (AMOC) Paragraph We revised the supplemental NPRM to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. Cost Impact The FAA estimates that 550 airplanes of U.S. registry are affected by this AD. The following table shows the estimated cost impact for airplanes affected by this AD. The average labor rate is $65 per work hour. ESTIMATED COSTS Number of airplanes affected Action Inspection to determine seat and serial numbers ................... Inspection (Part I of EMBRAER Service Bulletin 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). Work hours Parts cost 550 459 1 4 $0 0 348 4 0 459 1 684 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. Authority for this Rulemaking wwhite on PROD1PC65 with RULES The cost impact figures discussed above are based on assumptions that no operator has yet accomplished any of the 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. Regulatory Impact The regulations adopted herein will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various 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 VerDate Aug<31>2005 16:29 Feb 03, 2006 Jkt 208001 PO 00000 Frm 00009 Total fleet cost Fmt 4700 Sfmt 4700 $35,750, or $65 per airplane $119,340, or $260 per airplane $90,480, or $260 per airplane $343,791, or $749 per airplane levels of government. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. For the reasons discussed above, I certify that this action (1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES. E:\FR\FM\06FER1.SGM 06FER1 5978 Federal Register / Vol. 71, No. 24 / Monday, February 6, 2006 / Rules and Regulations List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: I PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: I 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: I wwhite on PROD1PC65 with RULES 2006–03–06 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Amendment 39–14470. 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 VerDate Aug<31>2005 16:29 Feb 03, 2006 Jkt 208001 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 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 Parts 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 copilot’s seats for proper locking of the seats, and do all applicable related investigative and corrective actions 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. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Replacement (b) For airplanes with a SICMA seat(s) bearing a 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, Transport Airplane Directorate, FAA; 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; Change 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 Bulletin 147–25–020, dated November 17, 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. E:\FR\FM\06FER1.SGM 06FER1 Federal Register / Vol. 71, No. 24 / Monday, February 6, 2006 / Rules and Regulations Incorporation by Reference (h) Unless otherwise specified in this AD, the actions must be done in accordance with EMBRAER Service Bulletin 145–53–0027, Revision 03, dated February 5, 2004; and SICMA Aero Seat Service Bulletin 147–25– 020, Issue 2, dated December 22, 2003; as applicable. (Pages 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, and 28 of EMBRAER Service Bulletin 145–53–0027 specify an incomplete document date; the date on those pages should read ‘‘05/Feb/2004.’’) This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get copies of this service information, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil; or SICMA Aero Seat, 7 Rue Lucien Coupet, 36100 ISSOUDUN, France. To inspect copies of this service information, go to the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or to the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call (202) 741–6030, or go to http://www.archives.gov/ federal_register/code_of_federal_regulations/ ibr_locations.html. Note 4: The subject of this AD is addressed in Brazilian airworthiness directive 2002–09– 01R1, effective June 2, 2004. Effective Date (i) This amendment becomes effective on March 13, 2006. Issued in Renton, Washington, on January 24, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 06–990 Filed 2–3–06; 8:45 am] FOR FURTHER INFORMATION CONTACT: Joyce A. Strong, Office of Policy (HF– 27), Food and Drug Administration, 5600 Fishers Lane, rm. 12A–31, Rockville, MD 20857, 301–827–7010. This document amends FDA’s regulations to reflect the address change of the DAB by removing the outdated address in § 17.47(a) (21 CFR 17.47(a)) and by adding the new address in its place. Publication of this document constitutes final action on these changes under the Administrative Procedure Act (5 U.S.C. 553). Notice and public procedures are unnecessary because FDA is merely correcting nonsubstantive errors. SUPPLEMENTARY INFORMATION: List of Subjects in 21 CFR Part 17 Administrative practice and procedure, Penalties. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 17 is amended as follows: I PART 17—CIVIL MONEY PENALTIES HEARINGS 1. The authority citation for 21 CFR part 17 continues to read as follows: I Authority: 21 U.S.C. 331, 333, 337, 351, 352, 355, 360, 360c, 360f, 360i, 360j, 371; 42 U.S.C. 262, 263b, 300aa–28; 5 U.S.C. 554, 555, 556, 557. § 17.47 [Amended] BILLING CODE 4910–13–P 2. Section 17.47 is amended in paragraph (a) by removing ‘‘rm. 637–D, Hubert H. Humphrey Bldg., 200 Independence Ave. SW., Washington, DC 20201’’ and by adding in its place ‘‘Appellate Division MS6127, Departmental Appeals Board, United States Department of Health and Human Services, 330 Independence Ave. SW., Cohen Bldg., rm. G–644, Washington, DC 20201’’. I DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 17 Change of Address; Technical Amendment AGENCY: Food and Drug Administration, HHS. Final rule; technical amendment. wwhite on PROD1PC65 with RULES ACTION: SUMMARY: The Food and Drug Administration (FDA) is amending its regulations to reflect a change in the address for the Departmental Appeals Board (DAB). This action is editorial in nature and is intended to improve the accuracy of the agency’s regulations. DATES: This rule is effective February 6, 2006. VerDate Aug<31>2005 16:29 Feb 03, 2006 Jkt 208001 Dated: January 30, 2006. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. 06–1040 Filed 2–3–06; 8:45 am] BILLING CODE 4160–01–S PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 5979 ENVIRONMENTAL PROTECTION AGENCY 40 CFR PART 52 [EPA–R05–OAR–2005–WI–0003; FRL–8020– 1] Approval and Promulgation of Implementation Plans; Wisconsin; General and Registration Permit Programs Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: EPA is taking final action to approve revisions to the Wisconsin State Implementation Plan (SIP) submitted by the State of Wisconsin on July 28, 2005. These revisions include General and Registration permit programs that provide for the issuance of general and registration permits as part of the State’s construction permit and operation permit programs. In addition, these permit programs may include the regulation of hazardous air pollutants (HAPs) which may be regulated under section 112 of the Clean Air Act (the Act). Thus, EPA is also approving Wisconsin’s general and registration permit program under section 112(l) of the Act. These SIP revisions also contain changes to definitions related to Wisconsin’s air permit program, as well as a minor technical change to provide correct references to the updated chapter NR 445, which was inadvertently omitted in the processing of that rule package. Additionally, these revisions clarify an existing construction permit exemption and operation permit exemption for certain grain storage and drying operations. This clarification is necessary to ensure that column dryers and rack dryers are included in the exemption criteria. DATES: This final rule is effective on March 8, 2006. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2005–WI–0003. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the Environmental Protection E:\FR\FM\06FER1.SGM 06FER1

Agencies

[Federal Register Volume 71, Number 24 (Monday, February 6, 2006)]
[Rules and Regulations]
[Pages 5976-5979]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-990]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-271-AD; Amendment 39-14470; AD 2006-03-06]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 Airplanes and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Empresa Brasileira de Aeronautica S.A. (EMBRAER) 
Model EMB-135 airplanes, and EMB-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes. This AD requires 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 AD also 
requires replacement of the seat locking pin on certain SICMA-brand 
seats. The actions specified by this AD are intended to prevent 
uncommanded movement of the pilot's or co-pilot's seat, which could 
interfere with the

[[Page 5977]]

operation of the airplane and consequent temporary loss of airplane 
control. This action is intended to address the identified unsafe 
condition.

DATES: Effective March 13, 2006.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 13, 2006.

ADDRESSES: The service information referenced in this AD may be 
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. 
Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil; or SICMA Aero 
Seat, 7 Rue Lucien Coupet, 3600 ISSOUDUN, France. This information may 
be examined at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Empresa Brasileira de 
Aeronautica S.A. (EMBRAER) Model EMB-135 airplanes, and EMB-145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes, was 
published as a supplemental notice of proposed rulemaking (NPRM) in the 
Federal Register on November 9, 2005 (70 FR 67935). That action 
proposed to require 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 action revised the applicability and also 
proposed to require replacing the seat locking pin on certain SICMA-
brand seats.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been received on the 
supplemental NPRM or on the determination of the cost to the public.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We revised the supplemental NPRM to clarify the appropriate 
procedure for notifying the principal inspector before using any 
approved AMOC on any airplane to which the AMOC applies.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD with the 
change described previously. We have determined that this change will 
neither increase the economic burden on any operator nor increase the 
scope of the AD.

Cost Impact

    The FAA estimates that 550 airplanes of U.S. registry are affected 
by this AD. The following table shows the estimated cost impact for 
airplanes affected by this AD. The average labor rate is $65 per work 
hour.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                           Number of
                Action                     airplanes      Work hours      Parts cost        Total fleet cost
                                           affected
----------------------------------------------------------------------------------------------------------------
Inspection to determine seat and                   550               1              $0  $35,750, or $65 per
 serial numbers.                                                                         airplane
Inspection (Part I of EMBRAER Service              459               4               0  $119,340, or $260 per
 Bulletin 145-53-0027, Revision 03,                                                      airplane
 February 5, 2004).
Inspection and Alignment (Part III of              348               4               0  $90,480, or $260 per
 EMRAER SB145-53-0027, Revision 03,                                                      airplane
 February 5, 2004).
Locking Pin and Spring Replacement                 459               1             684  $343,791, or $749 per
 (SICMA Aero Seat SB 147-25-020, Issue                                                   airplane
 2, December 22, 2003).
----------------------------------------------------------------------------------------------------------------

    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the 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 adopted herein will not have a substantial direct 
effect on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a 
significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

[[Page 5978]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2006-03-06 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14470. 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 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 Parts 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 actions 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 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, Transport Airplane Directorate, FAA; 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; Change 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 Bulletin 147-25-020, dated November 17, 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.

[[Page 5979]]

Incorporation by Reference

    (h) Unless otherwise specified in this AD, the actions must be 
done in accordance with EMBRAER Service Bulletin 145-53-0027, 
Revision 03, dated February 5, 2004; and SICMA Aero Seat Service 
Bulletin 147-25-020, Issue 2, dated December 22, 2003; as 
applicable. (Pages 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, and 28 
of EMBRAER Service Bulletin 145-53-0027 specify an incomplete 
document date; the date on those pages should read ``05/Feb/2004.'') 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. To get copies of this service information, contact Empresa 
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, 
Sao Jose dos Campos--SP, Brazil; or SICMA Aero Seat, 7 Rue Lucien 
Coupet, 36100 ISSOUDUN, France. To inspect copies of this service 
information, go to the FAA, Transport Airplane Directorate, 1601 
Lind Avenue, SW., Renton, Washington; or to the National Archives 
and Records Administration (NARA). For information on the 
availability of this material at the NARA, call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

    Note 4: The subject of this AD is addressed in Brazilian 
airworthiness directive 2002-09-01R1, effective June 2, 2004.

Effective Date

    (i) This amendment becomes effective on March 13, 2006.

    Issued in Renton, Washington, on January 24, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-990 Filed 2-3-06; 8:45 am]
BILLING CODE 4910-13-P