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, 15012-15017 [06-2853]
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15012
§ 70.5
Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Rules and Regulations
Communications.
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(b) * * *
(2) * * *
(iii) Region III. The regional licensing
program involves all Federal facilities in
the region and non-Federal licensees in
the following Region III non-Agreement
States: Indiana, Michigan, Minnesota,
Missouri, Ohio, and Wisconsin. All
mailed or hand-delivered inquiries,
communications, and applications for a
new license or an amendment, or
renewal of an existing license specified
in paragraph (b)(1) of this section must
use the following address: U.S. Nuclear
Regulatory Commission, Region III,
Material Licensing Section, 2443
Warrenville Road, Suite 210, Lisle, IL
60532–4352; where e-mail is
appropriate it should be addressed to
RidsRgn3MailCenter@nrc.gov.
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I 45. Section 70.14 is revised to read as
follows:
§ 70.14
Foreign military aircraft.
The regulations in this part do not
apply to persons who carry special
nuclear material (other than plutonium)
in aircraft of the armed forces of foreign
nations subject to 49 U.S.C. 40103(d).
PART 73—PHYSICAL PROTECTION OF
PLANTS AND MATERIALS
46. The authority citation for part 73
continues to read as follows:
I
47. In the Table, second column, in
the table entitled ‘‘Classified Mailing
Addresses’’ the address for Region III is
revised to read as follows:
I
Appendix A to Part 73—U.S. Nuclear
Regulatory Commission Offices and
Classified Mailing Addresses
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48. The authority citation for part 110
continues to read as follows:
Dated at Rockville, Maryland, this 20th day
of March, 2006.
For the Nuclear Regulatory Commission.
Michael T. Lesar,
Chief, Rules and Directives Branch, Division
of Administrative Services, Office of
Administration.
[FR Doc. 06–2856 Filed 3–24–06; 8:45 am]
I
Authority: Secs. 51, 53, 54, 57, 63, 64, 65,
81, 82, 103, 104, 109, 111, 126, 127, 128, 129,
161, 181, 182, 183, 187, 189, 68 Stat. 929,
930, 931, 932, 933, 936, 937, 948, 953, 954,
955, 956, as amended (42 U.S.C. 2071, 2073,
2074, 2077, 2092–2095, 2111, 2112, 2133,
2134, 2139, 2139a, 2141, 2154–2158, 2201,
2231–2233, 2237, 2239); sec. 201, 88 Stat.
1242, as amended (42 U.S.C. 5841; sec. 5,
Pub. L. 101–575, 104 Stat 2835 (42 U.S.C.
2243); sec. 1704, 112 Stat. 2750 (44 U.S.C.
3504 note).
Sections 110.1(b)(2) and 110.1(b)(3) also
issued under Pub. L. 96–92, 93 Stat. 710 (22
U.S.C. 2403). Section 110.11 also issued
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152)
and secs. 54c and 57d., 88 Stat. 473, 475 (42
U.S.C. 2074). Section 110.27 also issued
under sec. 309(a), Pub. L. 99–440. Section
110.50(b)(3) also issued under sec. 123, 92
Stat. 142 (42 U.S.C. 2153). Section 110.51
also issued under sec. 184, 68 Stat. 954, as
amended (42 U.S.C. 2234). Section 110.52
also issued under sec. 186, 68 Stat. 955 (42
U.S.C. 2236). Sections 110.80–110.113 also
issued under 5 U.S.C. 552, 554. Sections
110.130–110.135 also issued under 5 U.S.C.
553. Sections 110.2 and 110.42 (a)(9) also
issued under sec. 903, Pub. L. 102–496 (42
U.S.C. 2151 et seq.).
§ 110.40
[Amended]
49. In § 110.40, paragraph (b)(7)(v) is
amended by removing ‘‘1,000 curies of
tritium’’ and adding in its place ‘‘37 TBq
(1,000 curies) of tritium.’’
PART 140—FINANCIAL PROTECTION
REQUIREMENTS AND INDEMNITY
AGREEMENTS
50. The authority citation for Part 140
continues to read as follows:
I
Authority: Secs. 161, 170, 68 Stat. 948, 71
Stat. 576 as amended (42 U.S.C. 2201, 2210);
secs. 201, as amended, 202, 88 Stat. 1242, as
amended, 1244 (42 U.S.C. 5841, 5842); sec.
1704, 112 Stat. 2750 (44 U.S.C. 3504 note);
Pub. L. 109–58.
51. In § 140.21, the introductory
paragraph is revised to read as follows:
I
§ 140.21 Licensee guarantees of payment
of deferred premiums.
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USNRC, Region III, 2443 Warrenville,
Road, Suite 210, Lisle, IL 60532–4352.
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CLASSIFIED MAILING ADDRESSES
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USNRC, Region III, 2443 Warrenville,
Road, Suite 210, Lisle, IL 60532–4352.
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VerDate Aug<31>2005
amount of $15 million for each reactor
he is licensed to operate:
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Authority: Secs. 53, 161, 68 Stat. 930, 948,
as amended, sec. 147, 94 Stat. 780 (42 U.S.C.
2073, 2167, 2201); sec. 201, as amended, 204,
88 Stat. 1242, as amended, 1245, sec. 1701,
106 Stat. 2951, 2952, 2953 (42 U.S.C. 5841,
5844, 2297f); sec. 1704, 112 Stat. 2750 (44
U.S.C. 3504 note). Section 73.1 also issued
under secs. 135, 141, Pub. L. 97–425, 96 Stat.
2232, 2241 (42 U.S.C, 10155, 10161). Section
73.37(f) also issued under sec. 301, Pub. L.
96–295, 94 Stat. 789 (42 U.S.C. 5841 note).
Section 73.57 is issued under sec. 606, Pub.
L. 99–399, 100 Stat. 876 (42 U.S.C. 2169).
*
PART 110—EXPORT AND IMPORT OF
NUCLEAR EQUIPMENT AND
MATERIAL
Each licensee required to have and
maintain financial protection for each
nuclear reactor as determined in
§ 140.11(a)(4) shall at the issuance of the
license and annually, on the anniversary
of the date on which the indemnity
agreement is effective, provide evidence
to the Commission that it maintains one
of the following types of guarantee of
payment of deferred premium in an
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BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–20728; Directorate
Identifier 2005–NM–003–AD; Amendment
39–14527; AD 2006–07–01]
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
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
EMBRAER Model EMB–135 airplanes
and Model EMB–145, –145ER, –145MR,
–145LR, –145XR, –145MP, and –145EP
airplanes. This AD requires replacing
the horizontal stabilizer control unit
(HSCU) with a modified and
reidentified or new, improved HSCU.
For certain airplanes, this AD also
requires related concurrent actions as
necessary. This AD is prompted by
reports of loss of the pitch trim system
due to a simultaneous failure of both
channels of the HSCU. We are issuing
this AD to prevent loss of pitch trim and
reduced controllability of the airplane.
DATES: This AD becomes effective May
1, 2006.
The incorporation by reference of
certain publications listed in the AD is
approved by the Director of the Federal
Register as of May 1, 2006.
ADDRESSES: You may examine the 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., Nassif Building, room PL–401,
Washington, DC.
Contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box
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343—CEP 12.225, Sao Jose dos
Campos—SP, Brazil, for service
information identified in this AD.
Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–2125;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Examining the Docket
You may examine the airworthiness
directive (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 of the Nassif Building at
the street address stated in the
ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to certain EMBRAER Model
EMB–135 airplanes and Model EMB–
145, –145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP airplanes. That
NPRM was published in the Federal
Register on March 30, 2005 (70 FR
16180). That NPRM proposed to require
replacing the horizontal stabilizer
control unit (HSCU) with a modified
and reidentified or new, improved
HSCU. For certain airplanes, that action
also proposed to require related
concurrent actions as necessary.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments that have
been submitted on the NPRM.
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Support for Proposed AD
One commenter, the National
Transportation Safety Board (NTSB),
supports improvements to the pitchtrim system and concurs with the
NPRM. Another commenter,
Chautauqua Airlines, fully supports the
intent of the AD and strongly
recommends requiring upgrading the
HSCU on all affected aircraft.
Request for Reference to Related AD
Two commenters, EMBRAER and
Chautauqua Airlines, request that we
revise paragraph (b) of the NPRM to
refer to AD 2004–25–21, amendment
39–13909 (69 FR 76605, December 22,
2004). The commenters state that, since
certain actions required by that existing
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AD are specified as prior or concurrent
requirements with the proposed
requirements of the NPRM, the NPRM
should refer to AD 2004–25–21 as an
affected AD.
We agree with this request for the
reason given by the commenters. We
have revised paragraph (b) of the AD to
refer to AD 2004–25–21 as an affected
AD.
Request To Revise Service Information
Citations
One commenter, EMBRAER, requests
that we revise the citations of the
service information in the NPRM.
EMBRAER states that new revisions of
the service information have been
released and that these latest revisions
should be cited to accomplish the
proposed requirements of the NPRM.
We agree with this request. We have
reviewed EMBRAER Service Bulletin
145–27–0106, Revision 02 (for all
affected airplanes except Model EMB–
135BJ airplanes), and EMBRAER Service
Bulletin 145LEG–27–0016, Revision 02
(for Model EMB–135BJ airplanes only);
both dated March 14, 2005. The content
of Revision 02 of both service bulletins
is essentially the same as that specified
in Revision 01, dated August 30, 2004,
of both service bulletins; the only
difference is that about 5 airplanes have
been moved to the in-production
effectivity, which will decrease the
burden to U.S. operators by about 3
airplanes. Therefore, we have revised
the Costs of Compliance section of the
AD to reflect the decreased fleet costs,
and paragraphs (c) and (f) of the AD to
cite the latest revisions of the service
bulletins as the appropriate sources of
service information to accomplish the
requirements of the AD.
Request To Add Alternative Service
Information
One commenter, EMBRAER, requests
that paragraph (f) of the NPRM be
revised to specify EMBRAER Service
Bulletins 145LEG–27–0002, Revision
02, dated August 24, 2004; and 145–27–
0084, Revision 06, dated March 14,
2005; as alternative sources of service
information for installing the new
HSCU. EMBRAER states that those
service bulletins describe procedures for
installing the new HSCU, part number
(P/N) 362100–1013. EMBRAER has
provided a suggested revision to
paragraph (f) of the NPRM to include
these service bulletins.
We agree with this request. Therefore,
we have revised paragraph (f) of the AD
to include EMBRAER Service Bulletin
145LEG–27–0002, Revision 02, dated
August 24, 2005; and EMBRAER Service
Bulletin 145–27–0084, Revision 06,
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15013
dated March 14, 2005; as alternative
sources of service information for
installing the new HSCU.
Request To Clarify Description of
Related AD
Two commenters, EMBRAER and
Chautauqua Airlines, request that we
revise paragraph (g) of the NPRM to
clarify which affected airplanes are
subject to the prior or concurrent
accomplishment of certain requirements
of AD 2004–25–51. EMBRAER also
requests that we include two additional
EMBRAER service bulletins to more
clearly identify the airplanes involved.
Both commenters further request that
we revise paragraph (g) to specify which
paragraphs of AD 2004–25–21 are
applicable to the affected airplanes
identified in the service information.
The commenters state that these
revisions will help to prevent any
operator confusion about these
requirements.
We agree with this request for the
reasons given. Therefore, we have
revised paragraph (g) of the AD to
include EMBRAER Service Bulletin
145–27–0084, Revision 04, dated
October 21, 2003; and EMBRAER
Service Bulletin 145–27–0096, Revision
04, dated March 14, 2005; and to
identify paragraphs (a)(1), (a)(2), (b)(2),
(b)(3), (b)(4)(i), (b)(4)(ii), (b)(5), (b)(6),
and (b)(7) of AD 2004–25–21, as
applicable to the affected airplanes.
Request To Revise Paragraph (h) of the
NPRM
One commenter, EMBRAER, requests
that we revise paragraph (h) of the
NPRM to include previous revisions of
EMBRAER service bulletins that may be
used to accomplish certain requirements
of the NPRM. EMBRAER believes this
will make it easier for operators to show
compliance with the NPRM.
We agree with this request for the
reason given. Therefore, we have
revised paragraph (h) of the AD to
include EMBRAER Service Bulletin
145–27–0106, Revision 01, dated
August 30, 2004; EMBRAER Service
Bulletin 145LEG–27–0016, Revision 01,
dated August 30, 2004; and EMBRAER
Service Bulletin 145–27–0084, Revision
05, dated August 24, 2004; as additional
sources of service information that are
considered acceptable for complying
with the applicable actions required by
the AD.
Request To Permit Installation of
Future Approved Parts
One commenter, EMBRAER, requests
that we revise the NPRM to include a
note or paragraph permitting operators
to install any HSCU that will be
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approved in the future having P/N
362100–1014, –1015, –1016, and so on.
EMBRAER believes this would relieve
operators of the burden of additional
requirements while allowing them to
comply with the intent of the NPRM.
We do not agree with this request.
Our policy does not allow installing
parts that do not yet exist and are,
therefore, not referenced in the AD.
However, any operator may submit a
request for approval of an alternative
method of compliance (AMOC) to
install a part having a different P/N, as
described in paragraph (j) of the AD.
The request must include data
substantiating that an acceptable level of
safety would be maintained by use of
the different part.
Request To Identify Additional Possibly
Defective Parts
One commenter, the Modification and
Replacement Parts Association
(MARPA), requests that the NPRM be
revised to apply to all unmodified
HSCUs; whether marketed through
EMBRAER as original equipment
manufacturer (OEM) parts or by the
holder of a parts manufacturer approval
(PMA); and whether those parts are
installed on an airplane or not. MARPA
asserts that repair and supply facilities
might have defective OEM or PMA parts
in stock that could be put into service
unless such parts are identified as
subject to the requirements of the
NPRM.
We concur with MARPA’s general
request that, if we know that an unsafe
condition also exists in PMA parts, the
AD should address those parts, as well
as the original parts. We are not aware
of other PMA parts that have a different
part number. However, to ensure that no
defective part is put into service, we
have added new paragraph (i) to address
installation of the identified good parts
and accordingly reidentified the
subsequent paragraphs of the NPRM in
the AD.
MARPA’s remarks are timely in that
the Transport Airplane Directorate
currently is in the process of reviewing
this issue as it applies to transport
category airplanes. We acknowledge
that there may be other ways of
addressing this issue to ensure that
unsafe PMA parts are identified and
addressed. Once we have thoroughly
examined all aspects of this issue,
including input from industry, and have
made a final determination, we will
consider whether our policy regarding
addressing PMA parts in ADs needs to
be revised. We consider that to delay
this AD action would be inappropriate,
since we have determined that an
unsafe condition exists and that
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replacement of certain parts must be
accomplished to ensure continued
safety.
Request To Reference PMA Parts
One commenter, MARPA, requests
that the wording of the NPRM be
changed to provide for approved
alternatives to the type-certificated
designated part. MARPA suggests that
this could be accomplished by adding
the phrase ‘‘or PMA alternative’’ to the
part number in the proposed
requirement. MARPA adds that PMA
parts are ‘‘by law approved parts and are
not, as some regions opine, an AMOC
requiring further FAA approval before
being installed.’’ MARPA states that the
provision in the NPRM to replace an
HSCU with a specific part number
assigned by the type certificate (TC)
holder conflicts with § 21.303 of the
Federal Aviation Regulations (14 CFR
21.303) and may be unenforceable.
We do not agree with MARPA’s
request to revise the AD to permit
installation of any equivalent PMA parts
so that it is not necessary for an operator
to request approval of an AMOC in
order to install an ‘‘equivalent’’ PMA
part. Whether an alternative part is
‘‘equivalent’’ in adequately resolving the
unsafe condition can only be
determined on a case-by-case basis
based on a complete understanding of
the unsafe condition. We are not
currently aware of any such parts. Our
policy is that, in order for operators to
replace a part with one that is not
specified in the AD, they must request
an AMOC. This is necessary so that we
can make a specific determination that
an alternative part is or is not
susceptible to the same unsafe
condition. However, the Transport
Airplane Directorate currently is in the
process of reviewing this issue as it
applies to transport category airplanes.
Once we have thoroughly examined all
aspects of this issue and have made a
final determination, we will consider
whether our policy regarding addressing
PMA parts in ADs needs to be revised.
We consider that to delay this AD action
would be inappropriate, since we have
determined that an unsafe condition
exists and that replacement of certain
parts must be accomplished to ensure
continued safety.
In response to MARPA’s statement
regarding a variance with FAR 21.303,
under which the FAA issues PMAs, this
statement appears to reflect a
misunderstanding of the relationship
between ADs and the certification
procedural regulations of part 21 of the
Federal Aviation Regulations (14 CFR
part 21). Those regulations, including
section 21.303 of the Federal Aviation
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Regulations (14 CFR 21.303), are
intended to ensure that aeronautical
products comply with the applicable
airworthiness standards. But ADs are
issued when, notwithstanding those
procedures, we become aware of unsafe
conditions in these products or parts.
Therefore, an AD takes precedence over
design approvals when we identify an
unsafe condition, and mandating
installation of a certain part number in
an AD is not at variance with section
21.303.
The AD provides a means of
compliance for operators to ensure that
the identified unsafe condition is
addressed appropriately. For an unsafe
condition attributable to a part, the AD
normally identifies the replacement
parts necessary to obtain that
compliance. As stated in section 39.7 of
the Federal Aviation Regulations (14
CFR 39.7): ‘‘Anyone who operates a
product that does not meet the
requirements of an applicable
airworthiness directive is in violation of
this section.’’ Unless an operator obtains
approval for an AMOC, replacing a part
with one not specified by the AD would
make the operator subject to an
enforcement action and result in a civil
penalty. No change to the AD is
necessary in this regard.
Explanation of Change to Applicability
We have revised the applicability to
identify model designations as
published in the most recent type
certificate data sheet for the affected
models.
Clarification of AMOC Paragraph
We have revised this action to clarify
the appropriate procedure for notifying
the principal inspector before using any
approved AMOC on any airplane to
which the AMOC applies.
Conclusion
We have carefully reviewed the
available data, including the comments
that have been submitted, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
We have determined that these changes
will neither increase the economic
burden on any operator nor increase the
scope of the AD.
Costs of Compliance
This AD will affect about 613
airplanes of U.S. registry. The required
actions will take about 1 work hour per
airplane, at an average labor rate of $65
per work hour. Required parts will be
supplied by the manufacturer at no cost.
Based on these figures, the estimated
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cost of the AD for U.S. operators is
$39,845, or $65 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD. See the ADDRESSES section for
a location to examine the regulatory
evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
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. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
I
2006–07–01 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–14527. Docket No.
FAA–2005–20728; Directorate Identifier
2005–NM–003–AD.
Effective Date
(a) This AD becomes effective May 1, 2006.
Affected ADs
(b) Accomplishing paragraph (g) of this AD
eliminates certain requirements specified by
AD 2004–25–21, amendment 39–13909 (69
FR 76605, December 22, 2004).
Applicability
(c) This AD applies to EMBRAER Model
EMB–135BJ, –135ER, –135KE, –135KL,
–135LR, –145, –145ER, –145MR, –145LR,
–145XR, –145MP, and –145EP airplanes;
certificated in any category; as identified in
EMBRAER Service Bulletin 145–27–0106,
Revision 02 (for all affected airplanes except
Model EMB–135BJ airplanes); and EMBRAER
Service Bulletin 145LEG–27–0016, Revision
02 (for Model EMB–135BJ airplanes only);
both dated March 14, 2005.
Unsafe Condition
(d) This AD was prompted by reports of
loss of the pitch trim system due to a
simultaneous failure of both channels of the
horizontal stabilizer control unit (HSCU). We
are issuing this AD to prevent loss of pitch
trim and reduced controllability of the
airplane.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Replacement
(f) Within 18 months or 4,000 flight hours
after the effective date of this AD, whichever
occurs first, replace the HSCU with a
modified and reidentified or new, improved
HSCU having part number 362100–1013, by
doing all the actions specified in the
Accomplishment Instructions of the
applicable EMBRAER service bulletin
specified in Table 1 of this AD. Actions
accomplished using the alternative sources of
service information shown in Table 2 of this
AD are considered acceptable for compliance
with the requirements of this paragraph.
Doing the requirements of this paragraph
before the compliance time specified in
paragraph (b) of AD 2004–25–21 eliminates
the requirement to accomplish the actions
required by paragraph (b)(1) of AD 2004–25–
21.
TABLE 1.—SERVICE INFORMATION
Revision
level
EMBRAER service bulletin
145–27–0106 .....................................................................................................................................................
145LEG–27–0016 ..............................................................................................................................................
02
02
Dated
March 14, 2005.
March 14, 2005.
TABLE 2.—ALTERNATIVE SERVICE INFORMATION
Revision
level
EMBRAER service bulletin
cchase on PROD1PC60 with RULES
145–27–0084 .....................................................................................................................................................
145LEG–27–0002 ..............................................................................................................................................
Airplanes Identified in Certain Other
Service Bulletins/Concurrent Requirements
(g) For airplanes identified in the
EMBRAER service bulletins listed in Table 3
of this AD: Prior to or concurrently with the
VerDate Aug<31>2005
18:13 Mar 24, 2006
Jkt 208001
actions required by paragraph (f) of this AD,
replace the HSCU with a new HSCU with
improved features, and having a new part
number, in accordance with EMBRAER
Service Bulletin 145LEG–27–0002, Revision
01, dated April 15, 2003; or 145–27–0084,
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
06
02
Dated
March 14, 2005.
August 24, 2005.
Revision 04, dated October 21, 2003; as
applicable. Accomplishing this replacement
eliminates the requirement to accomplish all
actions required by paragraphs (a)(1), (a)(2),
(b)(2), (b)(3), (b)(4)(i), (b)(4)(ii), (b)(5), (b)(6),
and (b)(7) of AD 2004–25–21.
E:\FR\FM\27MRR1.SGM
27MRR1
15016
Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Rules and Regulations
TABLE 3.—IDENTIFICATION OF AFFECTED AIRPLANES
Revision
level
EMBRAER service bulletin
Paragraph
145–27–0084 .................................................
145–27–0096 .................................................
145–27–0106 .................................................
145LEG–27–0002 ..........................................
145LEG–27–0016 ..........................................
1.A.(1), 1.A.(2), 1.A.(3), 1.A.(4), and 1.A.(5) .........................
1.A.(1) and 1.A.(2) .................................................................
1.A. ........................................................................................
1.A.(1) and 1.A.(2) .................................................................
1.A. ........................................................................................
Actions Accomplished Per Previous Issues of
Service Bulletins
(h) Actions accomplished before the
effective date of this AD in accordance with
04
04
02
01
02
Dated
October 21, 2003.
March 14, 2005.
March 14, 2005.
April 15, 2003.
March 14, 2005.
the EMBRAER service bulletins listed in
Table 4 of this AD are considered acceptable
for compliance with the applicable action in
this AD.
TABLE 4.—PREVIOUS ISSUES OF EMBRAER SERVICE BULLETINS
EMBRAER service bulletin
Revision level
145–27–0084 .......................................................................
145–27–0106 .......................................................................
145–27–0106 .......................................................................
145LEG–27–0016 ................................................................
145LEG–27–0016 ................................................................
05 ........................................................................................
Original ................................................................................
01 ........................................................................................
Original ................................................................................
01 ........................................................................................
Parts Installation
(i) As of the effective date of this AD, no
person may install an HSCU on any airplane
unless it has been modified according to the
requirements of this AD.
the appropriate principal inspector in the
FAA Flight Standards Certificate Holding
District Office.
Alternative Methods of Compliance
(AMOCs)
Related Information
(k) Brazilian airworthiness directive 2004–
11–01, dated November 28, 2004, also
addresses the subject of this AD.
(j)(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
Material Incorporated by Reference
(l) You must use the service information
specified in Table 5 of this AD, as applicable,
to perform the actions that are required by
this AD, unless the AD specifies otherwise.
The Director of the Federal Register approves
the incorporation by reference of these
documents in accordance with 5 U.S.C.
Dated
August
August
August
August
August
24, 2004.
4, 2004.
30, 2004.
4, 2004.
30, 2004.
552(a) and 1 CFR part 51. Contact Empresa
Brasileira de Aeronautica S.A. (EMBRAER),
P.O. Box 343—CEP 12.225, Sao Jose dos
Campos—SP, Brazil, for copies of this service
information. You may view 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 https://
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 https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
TABLE 5.—MATERIAL INCORPORATED BY REFERENCE
EMBRAER service bulletin
145–27–0084, Revision 04, October 21, 2003 .............................................................
145–27–0106, Revision 02, March 14, 2005 ................................................................
145LEG–27–0002, Revision 01, April 15, 2003 ...........................................................
cchase on PROD1PC60 with RULES
145LEG–27–0016, Revision 02, March 14, 2005 .........................................................
VerDate Aug<31>2005
18:13 Mar 24, 2006
Jkt 208001
PO 00000
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level shown
on page
Page No.
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5, 7–10, 13, 14, 16–
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1, 5
2–4, 6–15
1–11
E:\FR\FM\27MRR1.SGM
Date shown on
page
04 .............
03 .............
October 21, 2003.
02 .............
01 .............
Original .....
02 .............
March 14, 2005.
April 15, 2003.
February 5, 2003.
March 14, 2005.
27MRR1
Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Rules and Regulations
Issued in Renton, Washington, on March
17, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 06–2853 Filed 3–24–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–20453; Directorate
Identifier 2004–NM–270–AD; Amendment
39–14524; AD 2006–06–15]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A318–100 Series Airplanes; Model
A319–100 Series Airplanes; Model
A320–111 Airplanes; Model A320–200
Series Airplanes; Model A321–100
Series Airplanes; and Model A321–200
Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
cchase on PROD1PC60 with RULES
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus Model A318–100 series
airplanes; Model A319–100 series
airplanes; Model A320–111 airplanes;
Model A320–200 series airplanes;
Model A321–100 series airplanes; and
Model A321–200 series airplanes. This
AD requires replacing the water drain
valves in the forward and aft cargo
doors with new valves. This AD results
from a report indicating that, during a
test of the fire extinguishing system, air
leakage through the water drain valves
in the forward and aft cargo doors
reduced the concentration of fire
extinguishing agent to below the level
required to suppress a fire. We are
issuing this AD to prevent air leakage
through the water drain valves, which,
in the event of a fire in the forward or
aft cargo compartment, could result in
an insufficient concentration of fire
extinguishing agent and consequent
inability of the fire extinguishing system
to suppress the fire.
DATES: This AD becomes effective May
1, 2006.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of May 1, 2006.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
VerDate Aug<31>2005
18:13 Mar 24, 2006
Jkt 208001
of Transportation, 400 Seventh Street
SW., Nassif Building, room PL–401,
Washington, DC.
Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France,
for service information identified in this
AD.
FOR FURTHER INFORMATION CONTACT: Tim
Dulin, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–2141;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness
directive (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 of the Nassif Building at
the street address stated in the
ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to certain Airbus Model A318,
A319, A320, and A321 series airplanes.
That NPRM was published in the
Federal Register on March 3, 2005 (70
FR 10342). That NPRM proposed to
require replacing the water drain valves
in the forward and aft cargo doors with
new valves.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Support for NPRM
The Air Line Pilots Association and
United Airlines support the NPRM.
Requests To Extend Compliance Time
Airbus states that the Direction
´ ´
Generale de l’Aviation Civile (DGAC),
which is the airworthiness authority for
France, has issued French airworthiness
directive F–2004–172 R1, dated April
13, 2005, to extend the compliance time
from April 30, 2005 to December 31,
2005. (We referenced French
airworthiness directive F–2004–172,
dated October 27, 2004, with a
compliance time of 6 months in the
NPRM.) Airbus further states that our
NPRM should not be more restrictive
than the French airworthiness directive.
We infer the commenter would like us
to extend the compliance time to 14
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
15017
months to correspond with the revised
French airworthiness directive.
Northwest Airlines (NWA) requests
that we extend the compliance time to
2 years to match the compliance time of
related AD 2005–12–19. NWA points
out that both rulemaking actions are
necessary to reduce the rate of air
renewal in the cargo compartments.
NWA further states that revising the
compliance time in the NPRM would
allow operators to accomplish both
modifications during the same
maintenance visit, eliminating the effect
on line operations and potential for
grounding airplanes.
US Airways states that it agrees with
the need to accomplish the proposed
changes to meet airworthiness
standards; however, it has not seen any
data that lend this issue a high degree
of urgency. U.S. Airways recommends
extending the compliance time to allow
replacement of the water drain valves at
the next C-check or 18 months,
whichever is later, instead of the
proposed 6-month compliance time.
U.S. Airways adds that this change
would reduce the economic impact to
operators, such as the commenter, who
would be forced to take airplanes out of
revenue service in order to meet the 6month window.
We agree with Airbus and have
revised paragraph (f) of this AD
accordingly. We referenced French
airworthiness directive F–2004–172 in
the NPRM because French airworthiness
directive F–2004–172 R1 was issued
after we published our NPRM.
Consequently, we have also revised
paragraph (i) of this AD to reference
French airworthiness directive F–2004–
172 R1, dated April 13, 2005. In
developing an appropriate compliance
time for this action, we considered not
only the degree of urgency associated
with addressing the subject unsafe
condition, but the DGAC’s
recommendation for an appropriate
compliance time, the availability of
required parts, and the practical aspect
of installing the required modification
within an interval of time that
corresponds to the typical scheduled
maintenance for the majority of affected
operators. We also considered the time
required for the rulemaking process. In
addition, NWA and US Airways
provided no data to indicate that a
further extension of the compliance
time will ensure safety. In consideration
of these items, we have determined that
compliance within 14 months after the
effective date of this AD will provide an
acceptable level of safety and is an
appropriate interval of time wherein the
required actions can be accomplished
E:\FR\FM\27MRR1.SGM
27MRR1
]]>Agencies
[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Rules and Regulations]
[Pages 15012-15017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2853]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20728; Directorate Identifier 2005-NM-003-AD;
Amendment 39-14527; AD 2006-07-01]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 Airplanes and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain EMBRAER Model EMB-135 airplanes and Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This AD requires
replacing the horizontal stabilizer control unit (HSCU) with a modified
and reidentified or new, improved HSCU. For certain airplanes, this AD
also requires related concurrent actions as necessary. This AD is
prompted by reports of loss of the pitch trim system due to a
simultaneous failure of both channels of the HSCU. We are issuing this
AD to prevent loss of pitch trim and reduced controllability of the
airplane.
DATES: This AD becomes effective May 1, 2006.
The incorporation by reference of certain publications listed in
the AD is approved by the Director of the Federal Register as of May 1,
2006.
ADDRESSES: You may examine the 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., Nassif Building,
room PL-401, Washington, DC.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
[[Page 15013]]
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (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 of the Nassif
Building at the street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain EMBRAER Model
EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes. That NPRM was published in the Federal
Register on March 30, 2005 (70 FR 16180). That NPRM proposed to require
replacing the horizontal stabilizer control unit (HSCU) with a modified
and reidentified or new, improved HSCU. For certain airplanes, that
action also proposed to require related concurrent actions as
necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
submitted on the NPRM.
Support for Proposed AD
One commenter, the National Transportation Safety Board (NTSB),
supports improvements to the pitch-trim system and concurs with the
NPRM. Another commenter, Chautauqua Airlines, fully supports the intent
of the AD and strongly recommends requiring upgrading the HSCU on all
affected aircraft.
Request for Reference to Related AD
Two commenters, EMBRAER and Chautauqua Airlines, request that we
revise paragraph (b) of the NPRM to refer to AD 2004-25-21, amendment
39-13909 (69 FR 76605, December 22, 2004). The commenters state that,
since certain actions required by that existing AD are specified as
prior or concurrent requirements with the proposed requirements of the
NPRM, the NPRM should refer to AD 2004-25-21 as an affected AD.
We agree with this request for the reason given by the commenters.
We have revised paragraph (b) of the AD to refer to AD 2004-25-21 as an
affected AD.
Request To Revise Service Information Citations
One commenter, EMBRAER, requests that we revise the citations of
the service information in the NPRM. EMBRAER states that new revisions
of the service information have been released and that these latest
revisions should be cited to accomplish the proposed requirements of
the NPRM.
We agree with this request. We have reviewed EMBRAER Service
Bulletin 145-27-0106, Revision 02 (for all affected airplanes except
Model EMB-135BJ airplanes), and EMBRAER Service Bulletin 145LEG-27-
0016, Revision 02 (for Model EMB-135BJ airplanes only); both dated
March 14, 2005. The content of Revision 02 of both service bulletins is
essentially the same as that specified in Revision 01, dated August 30,
2004, of both service bulletins; the only difference is that about 5
airplanes have been moved to the in-production effectivity, which will
decrease the burden to U.S. operators by about 3 airplanes. Therefore,
we have revised the Costs of Compliance section of the AD to reflect
the decreased fleet costs, and paragraphs (c) and (f) of the AD to cite
the latest revisions of the service bulletins as the appropriate
sources of service information to accomplish the requirements of the
AD.
Request To Add Alternative Service Information
One commenter, EMBRAER, requests that paragraph (f) of the NPRM be
revised to specify EMBRAER Service Bulletins 145LEG-27-0002, Revision
02, dated August 24, 2004; and 145-27-0084, Revision 06, dated March
14, 2005; as alternative sources of service information for installing
the new HSCU. EMBRAER states that those service bulletins describe
procedures for installing the new HSCU, part number (P/N) 362100-1013.
EMBRAER has provided a suggested revision to paragraph (f) of the NPRM
to include these service bulletins.
We agree with this request. Therefore, we have revised paragraph
(f) of the AD to include EMBRAER Service Bulletin 145LEG-27-0002,
Revision 02, dated August 24, 2005; and EMBRAER Service Bulletin 145-
27-0084, Revision 06, dated March 14, 2005; as alternative sources of
service information for installing the new HSCU.
Request To Clarify Description of Related AD
Two commenters, EMBRAER and Chautauqua Airlines, request that we
revise paragraph (g) of the NPRM to clarify which affected airplanes
are subject to the prior or concurrent accomplishment of certain
requirements of AD 2004-25-51. EMBRAER also requests that we include
two additional EMBRAER service bulletins to more clearly identify the
airplanes involved. Both commenters further request that we revise
paragraph (g) to specify which paragraphs of AD 2004-25-21 are
applicable to the affected airplanes identified in the service
information. The commenters state that these revisions will help to
prevent any operator confusion about these requirements.
We agree with this request for the reasons given. Therefore, we
have revised paragraph (g) of the AD to include EMBRAER Service
Bulletin 145-27-0084, Revision 04, dated October 21, 2003; and EMBRAER
Service Bulletin 145-27-0096, Revision 04, dated March 14, 2005; and to
identify paragraphs (a)(1), (a)(2), (b)(2), (b)(3), (b)(4)(i),
(b)(4)(ii), (b)(5), (b)(6), and (b)(7) of AD 2004-25-21, as applicable
to the affected airplanes.
Request To Revise Paragraph (h) of the NPRM
One commenter, EMBRAER, requests that we revise paragraph (h) of
the NPRM to include previous revisions of EMBRAER service bulletins
that may be used to accomplish certain requirements of the NPRM.
EMBRAER believes this will make it easier for operators to show
compliance with the NPRM.
We agree with this request for the reason given. Therefore, we have
revised paragraph (h) of the AD to include EMBRAER Service Bulletin
145-27-0106, Revision 01, dated August 30, 2004; EMBRAER Service
Bulletin 145LEG-27-0016, Revision 01, dated August 30, 2004; and
EMBRAER Service Bulletin 145-27-0084, Revision 05, dated August 24,
2004; as additional sources of service information that are considered
acceptable for complying with the applicable actions required by the
AD.
Request To Permit Installation of Future Approved Parts
One commenter, EMBRAER, requests that we revise the NPRM to include
a note or paragraph permitting operators to install any HSCU that will
be
[[Page 15014]]
approved in the future having P/N 362100-1014, -1015, -1016, and so on.
EMBRAER believes this would relieve operators of the burden of
additional requirements while allowing them to comply with the intent
of the NPRM.
We do not agree with this request. Our policy does not allow
installing parts that do not yet exist and are, therefore, not
referenced in the AD. However, any operator may submit a request for
approval of an alternative method of compliance (AMOC) to install a
part having a different P/N, as described in paragraph (j) of the AD.
The request must include data substantiating that an acceptable level
of safety would be maintained by use of the different part.
Request To Identify Additional Possibly Defective Parts
One commenter, the Modification and Replacement Parts Association
(MARPA), requests that the NPRM be revised to apply to all unmodified
HSCUs; whether marketed through EMBRAER as original equipment
manufacturer (OEM) parts or by the holder of a parts manufacturer
approval (PMA); and whether those parts are installed on an airplane or
not. MARPA asserts that repair and supply facilities might have
defective OEM or PMA parts in stock that could be put into service
unless such parts are identified as subject to the requirements of the
NPRM.
We concur with MARPA's general request that, if we know that an
unsafe condition also exists in PMA parts, the AD should address those
parts, as well as the original parts. We are not aware of other PMA
parts that have a different part number. However, to ensure that no
defective part is put into service, we have added new paragraph (i) to
address installation of the identified good parts and accordingly
reidentified the subsequent paragraphs of the NPRM in the AD.
MARPA's remarks are timely in that the Transport Airplane
Directorate currently is in the process of reviewing this issue as it
applies to transport category airplanes. We acknowledge that there may
be other ways of addressing this issue to ensure that unsafe PMA parts
are identified and addressed. Once we have thoroughly examined all
aspects of this issue, including input from industry, and have made a
final determination, we will consider whether our policy regarding
addressing PMA parts in ADs needs to be revised. We consider that to
delay this AD action would be inappropriate, since we have determined
that an unsafe condition exists and that replacement of certain parts
must be accomplished to ensure continued safety.
Request To Reference PMA Parts
One commenter, MARPA, requests that the wording of the NPRM be
changed to provide for approved alternatives to the type-certificated
designated part. MARPA suggests that this could be accomplished by
adding the phrase ``or PMA alternative'' to the part number in the
proposed requirement. MARPA adds that PMA parts are ``by law approved
parts and are not, as some regions opine, an AMOC requiring further FAA
approval before being installed.'' MARPA states that the provision in
the NPRM to replace an HSCU with a specific part number assigned by the
type certificate (TC) holder conflicts with Sec. 21.303 of the Federal
Aviation Regulations (14 CFR 21.303) and may be unenforceable.
We do not agree with MARPA's request to revise the AD to permit
installation of any equivalent PMA parts so that it is not necessary
for an operator to request approval of an AMOC in order to install an
``equivalent'' PMA part. Whether an alternative part is ``equivalent''
in adequately resolving the unsafe condition can only be determined on
a case-by-case basis based on a complete understanding of the unsafe
condition. We are not currently aware of any such parts. Our policy is
that, in order for operators to replace a part with one that is not
specified in the AD, they must request an AMOC. This is necessary so
that we can make a specific determination that an alternative part is
or is not susceptible to the same unsafe condition. However, the
Transport Airplane Directorate currently is in the process of reviewing
this issue as it applies to transport category airplanes. Once we have
thoroughly examined all aspects of this issue and have made a final
determination, we will consider whether our policy regarding addressing
PMA parts in ADs needs to be revised. We consider that to delay this AD
action would be inappropriate, since we have determined that an unsafe
condition exists and that replacement of certain parts must be
accomplished to ensure continued safety.
In response to MARPA's statement regarding a variance with FAR
21.303, under which the FAA issues PMAs, this statement appears to
reflect a misunderstanding of the relationship between ADs and the
certification procedural regulations of part 21 of the Federal Aviation
Regulations (14 CFR part 21). Those regulations, including section
21.303 of the Federal Aviation Regulations (14 CFR 21.303), are
intended to ensure that aeronautical products comply with the
applicable airworthiness standards. But ADs are issued when,
notwithstanding those procedures, we become aware of unsafe conditions
in these products or parts. Therefore, an AD takes precedence over
design approvals when we identify an unsafe condition, and mandating
installation of a certain part number in an AD is not at variance with
section 21.303.
The AD provides a means of compliance for operators to ensure that
the identified unsafe condition is addressed appropriately. For an
unsafe condition attributable to a part, the AD normally identifies the
replacement parts necessary to obtain that compliance. As stated in
section 39.7 of the Federal Aviation Regulations (14 CFR 39.7):
``Anyone who operates a product that does not meet the requirements of
an applicable airworthiness directive is in violation of this
section.'' Unless an operator obtains approval for an AMOC, replacing a
part with one not specified by the AD would make the operator subject
to an enforcement action and result in a civil penalty. No change to
the AD is necessary in this regard.
Explanation of Change to Applicability
We have revised the applicability to identify model designations as
published in the most recent type certificate data sheet for the
affected models.
Clarification of AMOC Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
Conclusion
We have carefully reviewed the available data, including the
comments that have been submitted, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD will affect about 613 airplanes of U.S. registry. The
required actions will take about 1 work hour per airplane, at an
average labor rate of $65 per work hour. Required parts will be
supplied by the manufacturer at no cost. Based on these figures, the
estimated
[[Page 15015]]
cost of the AD for U.S. operators is $39,845, or $65 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD. See the ADDRESSES section for a location to
examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2006-07-01 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14527. Docket No. FAA-2005-20728; Directorate
Identifier 2005-NM-003-AD.
Effective Date
(a) This AD becomes effective May 1, 2006.
Affected ADs
(b) Accomplishing paragraph (g) of this AD eliminates certain
requirements specified by AD 2004-25-21, amendment 39-13909 (69 FR
76605, December 22, 2004).
Applicability
(c) This AD applies to EMBRAER Model EMB-135BJ, -135ER, -135KE,
-135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes; certificated in any category; as identified in
EMBRAER Service Bulletin 145-27-0106, Revision 02 (for all affected
airplanes except Model EMB-135BJ airplanes); and EMBRAER Service
Bulletin 145LEG-27-0016, Revision 02 (for Model EMB-135BJ airplanes
only); both dated March 14, 2005.
Unsafe Condition
(d) This AD was prompted by reports of loss of the pitch trim
system due to a simultaneous failure of both channels of the
horizontal stabilizer control unit (HSCU). We are issuing this AD to
prevent loss of pitch trim and reduced controllability of the
airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Replacement
(f) Within 18 months or 4,000 flight hours after the effective
date of this AD, whichever occurs first, replace the HSCU with a
modified and reidentified or new, improved HSCU having part number
362100-1013, by doing all the actions specified in the
Accomplishment Instructions of the applicable EMBRAER service
bulletin specified in Table 1 of this AD. Actions accomplished using
the alternative sources of service information shown in Table 2 of
this AD are considered acceptable for compliance with the
requirements of this paragraph. Doing the requirements of this
paragraph before the compliance time specified in paragraph (b) of
AD 2004-25-21 eliminates the requirement to accomplish the actions
required by paragraph (b)(1) of AD 2004-25-21.
Table 1.--Service Information
------------------------------------------------------------------------
Revision
EMBRAER service bulletin level Dated
------------------------------------------------------------------------
145-27-0106................... 02 March 14, 2005.
145LEG-27-0016................ 02 March 14, 2005.
------------------------------------------------------------------------
Table 2.--Alternative Service Information
------------------------------------------------------------------------
Revision
EMBRAER service bulletin level Dated
------------------------------------------------------------------------
145-27-0084................... 06 March 14, 2005.
145LEG-27-0002................ 02 August 24, 2005.
------------------------------------------------------------------------
Airplanes Identified in Certain Other Service Bulletins/Concurrent
Requirements
(g) For airplanes identified in the EMBRAER service bulletins
listed in Table 3 of this AD: Prior to or concurrently with the
actions required by paragraph (f) of this AD, replace the HSCU with
a new HSCU with improved features, and having a new part number, in
accordance with EMBRAER Service Bulletin 145LEG-27-0002, Revision
01, dated April 15, 2003; or 145-27-0084, Revision 04, dated October
21, 2003; as applicable. Accomplishing this replacement eliminates
the requirement to accomplish all actions required by paragraphs
(a)(1), (a)(2), (b)(2), (b)(3), (b)(4)(i), (b)(4)(ii), (b)(5),
(b)(6), and (b)(7) of AD 2004-25-21.
[[Page 15016]]
Table 3.--Identification of Affected Airplanes
----------------------------------------------------------------------------------------------------------------
Revision
EMBRAER service bulletin Paragraph level Dated
----------------------------------------------------------------------------------------------------------------
145-27-0084........................ 1.A.(1), 1.A.(2), 1.A.(3), 04 October 21, 2003.
1.A.(4), and 1.A.(5).
145-27-0096........................ 1.A.(1) and 1.A.(2)........ 04 March 14, 2005.
145-27-0106........................ 1.A........................ 02 March 14, 2005.
145LEG-27-0002..................... 1.A.(1) and 1.A.(2)........ 01 April 15, 2003.
145LEG-27-0016..................... 1.A........................ 02 March 14, 2005.
----------------------------------------------------------------------------------------------------------------
Actions Accomplished Per Previous Issues of Service Bulletins
(h) Actions accomplished before the effective date of this AD in
accordance with the EMBRAER service bulletins listed in Table 4 of
this AD are considered acceptable for compliance with the applicable
action in this AD.
Table 4.--Previous Issues of EMBRAER Service Bulletins
----------------------------------------------------------------------------------------------------------------
EMBRAER service bulletin Revision level Dated
----------------------------------------------------------------------------------------------------------------
145-27-0084.............................. 05......................... August 24, 2004.
145-27-0106.............................. Original................... August 4, 2004.
145-27-0106.............................. 01......................... August 30, 2004.
145LEG-27-0016........................... Original................... August 4, 2004.
145LEG-27-0016........................... 01......................... August 30, 2004.
----------------------------------------------------------------------------------------------------------------
Parts Installation
(i) As of the effective date of this AD, no person may install
an HSCU on any airplane unless it has been modified according to the
requirements of this AD.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with 14 CFR
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(k) Brazilian airworthiness directive 2004-11-01, dated November
28, 2004, also addresses the subject of this AD.
Material Incorporated by Reference
(l) You must use the service information specified in Table 5 of
this AD, as applicable, to perform the actions that are required by
this AD, unless the AD specifies otherwise. The Director of the
Federal Register approves the incorporation by reference of these
documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for copies of this
service information. You may view 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 https://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 https://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
Table 5.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
Revision level shown
EMBRAER service bulletin Page No. on page Date shown on page
----------------------------------------------------------------------------------------------------------------
145-27-0084, Revision 04, October 1-4, 6, 11, 12, 15 04................... October 21, 2003.
21, 2003.
5, 7-10, 13, 14, 16- 03................... ..............................
40
145-27-0106, Revision 02, March 14, 1-11 02................... March 14, 2005.
2005.
145LEG-27-0002, Revision 01, April 1, 5 01................... April 15, 2003.
15, 2003.
2-4, 6-15 Original............. February 5, 2003.
145LEG-27-0016, Revision 02, March 1-11 02................... March 14, 2005.
14, 2005.
----------------------------------------------------------------------------------------------------------------
[[Page 15017]]
Issued in Renton, Washington, on March 17, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-2853 Filed 3-24-06; 8:45 am]
BILLING CODE 4910-13-P
