Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-145XR Airplanes, 44935-44937 [E6-12832]
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Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Proposed Rules
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD, if it is approved by an
Authorized Representative for the Boeing
Commercial Airplanes Delegation Option
Authorization Organization who has been
authorized by the Manager, Seattle ACO, to
make those findings. For a repair method to
be approved, the repair must meet the
certification basis of the airplane, and the
approval must specifically refer to this AD.
Issued in Renton, Washington, on July 27,
2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–12835 Filed 8–7–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
FOR FURTHER INFORMATION CONTACT:
[Docket No. FAA–2006–24440; Directorate
Identifier 2006–NM–058–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–145XR
Airplanes
Comments Invited
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
sroberts on PROD1PC70 with PROPOSALS
SUMMARY: The FAA is revising an earlier
NPRM for an airworthiness directive
(AD) that applies to certain EMBRAER
Model EMB–145XR airplanes. The
original NPRM would have required
replacement of certain segments of the
passenger seat tracks with new,
improved seat tracks. The original
NPRM resulted from instances where
the shear plungers of the passenger seat
legs were not adequately fastened. This
action revises the original NPRM by
requiring new service information. We
are proposing this supplemental NPRM
to prevent inadequate fastening of the
seat leg shear plungers, which could
result in failure of the passenger seat
tracks during emergency landing
conditions and consequent injury to
passengers.
DATES: We must receive comments on
this supplemental NPRM by September
5, 2006.
ADDRESSES: Use one of the following
addresses to submit comments on this
supplemental NPRM.
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
18:27 Aug 07, 2006
Jkt 208001
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–1175;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
AGENCY:
VerDate Aug<31>2005
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590.
• Fax: (202) 493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box
343—CEP 12.225, Sao Jose dos
Campos—SP, Brazil, for service
information identified in this proposed
AD.
We invite you to submit any relevant
written data, views, or arguments
regarding this supplemental NPRM.
Send your comments to an address
listed in the ADDRESSES section. Include
the docket number ‘‘Docket No. FAA–
2006–24440; Directorate Identifier
2006–NM–058–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this supplemental NPRM. We
will consider all comments received by
the closing date and may amend this
supplemental NPRM in light of those
comments.
We will post all comments submitted,
without change, to https://dms.dot.gov,
including any personal information you
provide. We will also post a report
summarizing each substantive verbal
contact with FAA personnel concerning
this supplemental NPRM. Using the
search function of that Web site, anyone
can find and read the comments in any
of our dockets, including the name of
the individual who sent the comment
(or signed the comment on behalf of an
association, business, labor union, etc.).
You may review the DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19477–78), or you may visit
https://dms.dot.gov.
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Sfmt 4702
44935
Examining the Docket
You may examine the AD docket on
the Internet at https://dms.dot.gov, or in
person at the Docket Management
Facility office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The Docket
Management Facility office (telephone
(800) 647–5227) is located on the plaza
level in the Nassif Building at the DOT
street address stated in ADDRESSES.
Comments will be available in the AD
docket shortly after the Docket
Management System receives them.
Discussion
We proposed to amend 14 CFR part
39 with a notice of proposed rulemaking
(NPRM) for an airworthiness directive
(AD) (the ‘‘original NPRM’’). The
original NPRM applies to certain
EMBRAER Model EMB–145XR
airplanes. The original NPRM was
published in the Federal Register on
April 13, 2006 (71 FR 19142). The
original NPRM proposed to require
replacement of certain segments of the
passenger seat tracks with new,
improved seat tracks.
Since the original NPRM was issued,
the Departamento de Aviacao Civil
¸˜
(DAC), which is the airworthiness
authority for Brazil, has issued Brazilian
airworthiness directive 2006–01–01R1,
effective May 23, 2006. (We referenced
Brazilian airworthiness directive 2006–
01–01, effective February 2, 2006, as
related information in the original
NPRM.) The DAC issued Brazilian
airworthiness directive 2006–01–01R1
to correct the airplane model
designation and typographical error to a
certain part number (P/N). Therefore,
we have revised paragraph (i) of this
supplemental NPRM to reference
Brazilian airworthiness directive 2006–
01–01R1 as related information.
However, no change to the airplane
model designation in this supplemental
NPRM is necessary, since we differed
from Brazilian airworthiness directive
2006–01–01, as explained in the original
NPRM.
In addition, EMBRAER has published
Revision 01 of EMBRAER Service
Bulletin 145–53–0059, dated March 9,
2006, to correct the typographical error
to a P/N in Figure 4 of the original issue
of the service bulletin. (We referenced
the original issue, dated July 1, 2005, in
the original NPRM as the appropriate
source of service information.) The
procedures in Revision 01 of the service
bulletin are essentially the same as
those in the original issue, except that
Figure 4 of Revision 01 specifies
removing P/N 145–53769–007 at
fuselage location x=14,827.8 and
E:\FR\FM\08AUP1.SGM
08AUP1
44936
Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Proposed Rules
replacing it with P/N 145–38912–003.
Therefore, we have revised paragraphs
(c) and (f) of this supplemental NPRM
to reference Revision 01 of the service
bulletin.
Comments
We have considered the following
comments on the original NPRM.
Request to Reference Revision 01 of the
Service Bulletin
EMBRAER requests that we revise
paragraphs (c) and (f) of the NPRM to
reference Revision 01 of EMBRAER
Service Bulletin 145–53–0059, dated
March 9, 2006. EMBRAER states that
Revision 01 has been issued to correct
a certain part number.
We agree. As stated previously, we
have revised this supplemental NPRM
to reference Revision 01 of the service
bulletin.
sroberts on PROD1PC70 with PROPOSALS
Request To Reference New Brazilian
Airworthiness Directive
EMBRAER states that the DAC has
issued Brazilian airworthiness directive
2006–01–01R1, effective May 23, 2006,
to correct the airplane applicability and
the part number discussed previously.
Therefore, EMBRAER requests that we
revise paragraph (h) of the NPRM to
reference Brazilian airworthiness
directive 2006–01–01R1.
We agree. As stated previously we
have revised paragraph (h) of this
supplemental NPRM to reference
Brazilian airworthiness directive 2006–
01–01R1. No change to the applicability
of this supplemental NPRM is
necessary, since we differed from
Brazilian airworthiness directive 2006–
01–01, as explained in the original
NPRM.
Request To Give Credit for the Original
Issue of the Service Bulletin
EMBRAER states that actions
accomplished before the effective date
of the AD in accordance with the
original issue of EMBRAER Service
Bulletin 145–53–0059, dated July 1,
2005, are acceptable for compliance
with actions done in accordance with
Revision 01. We infer EMBRAER
requests that we add a credit paragraph
to this supplemental NPRM for
accomplishment of the original service
bulletin.
We disagree. Since Figure 4 of the
original service bulletin incorrectly
specifies removing P/N 145–53769–003
at fuselage location x=14,827.8, this
supplemental NPRM would require
additional work (i.e., removing P/N
145–53769–007 at fuselage location
x=14,827.8). Further, EMBRAER has
confirmed that although P/N 145–
VerDate Aug<31>2005
18:27 Aug 07, 2006
Jkt 208001
53769–003 does not exist at fuselage
location x=14,827.8, it does exist
elsewhere on the airplane; this could
cause confusion in accomplishing the
service bulletin. Therefore, we have not
revised this supplemental NPRM is this
regard.
FAA’s Determination and Proposed
Requirements of the Supplemental
NPRM
Certain changes discussed above
expand the scope of the original NPRM;
therefore, we have determined that it is
necessary to reopen the comment period
to provide additional opportunity for
public comment on this supplemental
NPRM.
Costs of Compliance
This supplemental NPRM would
affect about 97 airplanes of U.S. registry.
The proposed actions would take about
10 work hours per airplane, at an
average labor rate of $80 per work hour.
Required parts would cost about $82 per
airplane. Based on these figures, the
estimated cost of this supplemental
NPRM on U.S. operators is $85,554, or
$882 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
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the proposed regulation:
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. 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 supplemental NPRM and placed it
in the AD docket. 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, Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
Empresa Brasileira De Aeronautica S.A.
(EMBRAER): Docket No. FAA–2006–
24440; Directorate Identifier 2006–NM–
058–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by September 5, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model
EMB–145XR airplanes, certificated in any
category; as identified in EMBRAER Service
Bulletin 145–53–0059, Revision 01, dated
March 9, 2006.
Unsafe Condition
(d) This AD results from instances where
the shear plungers of the passenger seat legs
were not adequately fastened. We are issuing
this AD to prevent inadequate fastening of
the seat leg shear plungers, which could
result in failure of the passenger seat tracks
during emergency landing conditions and
consequent injury to passengers.
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.
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08AUP1
Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Proposed Rules
Replacement of Passenger Seat Tracks
(f) Within 5,000 flight hours after the
effective date of this AD, replace segments of
the internal and external passenger seat
tracks with new, improved seat tracks, by
accomplishing all of the actions specified in
the Accomplishment Instructions of
EMBRAER Service Bulletin 145–53–0059,
Revision 01, dated March 9, 2006.
Alternative Methods of Compliance
(AMOCs)
(g)(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 § 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
(h) Brazilian airworthiness directive 2006–
01–01R1, effective May 23, 2006, also
addresses the subject of this AD.
Issued in Renton, Washington, July 31,
2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–12832 Filed 8–7–06; 8:45 am]
Discussion
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–24788; Directorate
Identifier 2006–NM–073–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Proposed rule; withdrawal.
AGENCY:
sroberts on PROD1PC70 with PROPOSALS
VerDate Aug<31>2005
18:27 Aug 07, 2006
Jkt 208001
We proposed to amend part 39 of the
Federal Aviation Regulations (14 CFR
part 39) with a notice of proposed
rulemaking (NPRM) for a new AD for
certain EMBRAER Model ERJ 170
airplanes. That NPRM was published in
the Federal Register on May 17, 2006
(71 FR 28628). The NPRM would have
required performing a one-time
inspection for proper crimping of the
terminal lugs for the power cables of
each integrated drive generator (IDG),
installing a new sleeve on the terminal,
and re-crimping if necessary. The NPRM
resulted from a report that the terminal
lugs for the power cables of the IDGs
may not be adequately crimped, which
could allow the cables to be pulled out
of the terminals with no significant
force. The proposed actions were
intended to prevent loss of all normal
electrical power for the airplane, and
consequent reduced controllability of
the airplane.
Actions Since NPRM Was Issued
The FAA withdraws a notice
of proposed rulemaking (NPRM) that
proposed a new airworthiness directive
(AD) for certain EMBRAER Model ERJ
170 airplanes. The proposed AD would
have required performing a one-time
inspection for proper crimping of the
terminal lugs for the power cables of
each integrated drive generator (IDG),
installing a new sleeve on the terminal,
and re-crimping if necessary. Since the
proposed AD was issued, we have
received new data from the
manufacturer that the proposed actions
have been done on all affected
SUMMARY:
airplanes. Accordingly, the proposed
AD is withdrawn.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov, or in person at the Docket
Management Facility office between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
Docket Management Facility office
(telephone (800) 647–5227) is located on
the plaza level of the Nassif Building at
the U.S. Department of Transportation,
400 Seventh Street, SW., Room PL–401,
Washington, DC. This docket number is
FAA–2006–24788; the directorate
identifier for this docket is 2006–NM–
073–AD.
FOR FURTHER INFORMATION CONTACT:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1175; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Since we issued the NPRM, Empresa
Brasileira de Aeronautica S.A.
(EMBRAER), the airplane manufacturer,
has informed us that the proposed
actions have been done on all affected
airplanes.
FAA’s Conclusions
Upon further consideration, we have
determined that the proposed actions
are no longer necessary because the
proposed actions have already been
accomplished on all airplanes listed in
the applicability of the NPRM.
Accordingly, the NPRM is withdrawn.
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Fmt 4702
Sfmt 4702
44937
Withdrawal of the NPRM does not
preclude the FAA from issuing another
related action or commit the FAA to any
course of action in the future.
Regulatory Impact
Since this action only withdraws an
NPRM, it is neither a proposed nor a
final rule and therefore is not covered
under Executive Order 12866, the
Regulatory Flexibility Act, or DOT
Regulatory Policies and Procedures (44
FR 11034, February 26, 1979).
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Withdrawal
Accordingly, we withdraw the NPRM,
Docket No. FAA–2006–24788,
Directorate Identifier 2006–NM–073–
AD, which was published in the Federal
Register on May 17, 2006 (71 FR 28628).
Issued in Renton, Washington, on July 27,
2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–12836 Filed 8–7–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001–NM–381–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A330–200, A330–300, A340–200, and
A340–300 Series Airplanes
Federal Aviation
Administration, Department of
Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
AGENCY:
SUMMARY: This document revises an
earlier proposed airworthiness directive
(AD), applicable to all Airbus Model
A330, A340–200, and A340–300 series
airplanes. The original NPRM would
have required repetitive inspections for
discrepancies of the grease and gear
teeth of the radial variable differential
transducer of the nose wheel steering
gearbox; or repetitive inspections for
damage of the chrome on the bearing
surface of the nose landing gear (NLG)
main fitting barrel; as applicable. And,
for airplanes with any discrepancy or
damage, the original NPRM would have
required an additional inspection or
E:\FR\FM\08AUP1.SGM
08AUP1
Agencies
[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Proposed Rules]
[Pages 44935-44937]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12832]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24440; Directorate Identifier 2006-NM-058-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-145XR Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
-----------------------------------------------------------------------
SUMMARY: The FAA is revising an earlier NPRM for an airworthiness
directive (AD) that applies to certain EMBRAER Model EMB-145XR
airplanes. The original NPRM would have required replacement of certain
segments of the passenger seat tracks with new, improved seat tracks.
The original NPRM resulted from instances where the shear plungers of
the passenger seat legs were not adequately fastened. This action
revises the original NPRM by requiring new service information. We are
proposing this supplemental NPRM to prevent inadequate fastening of the
seat leg shear plungers, which could result in failure of the passenger
seat tracks during emergency landing conditions and consequent injury
to passengers.
DATES: We must receive comments on this supplemental NPRM by September
5, 2006.
ADDRESSES: Use one of the following addresses to submit comments on
this supplemental NPRM.
DOT Docket Web site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service
information identified in this proposed AD.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this supplemental NPRM. Send your comments to an
address listed in the ADDRESSES section. Include the docket number
``Docket No. FAA-2006-24440; Directorate Identifier 2006-NM-058-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
supplemental NPRM. We will consider all comments received by the
closing date and may amend this supplemental NPRM in light of those
comments.
We will post all comments submitted, without change, to https://
dms.dot.gov, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this supplemental NPRM. Using the search function
of that Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit https://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level in the Nassif Building at the DOT
street address stated in ADDRESSES. Comments will be available in the
AD docket shortly after the Docket Management System receives them.
Discussion
We proposed to amend 14 CFR part 39 with a notice of proposed
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original
NPRM''). The original NPRM applies to certain EMBRAER Model EMB-145XR
airplanes. The original NPRM was published in the Federal Register on
April 13, 2006 (71 FR 19142). The original NPRM proposed to require
replacement of certain segments of the passenger seat tracks with new,
improved seat tracks.
Since the original NPRM was issued, the Departamento de Aviacao
Civil (DAC), which is the airworthiness authority for Brazil, has
issued Brazilian airworthiness directive 2006-01-01R1, effective May
23, 2006. (We referenced Brazilian airworthiness directive 2006-01-01,
effective February 2, 2006, as related information in the original
NPRM.) The DAC issued Brazilian airworthiness directive 2006-01-01R1 to
correct the airplane model designation and typographical error to a
certain part number (P/N). Therefore, we have revised paragraph (i) of
this supplemental NPRM to reference Brazilian airworthiness directive
2006-01-01R1 as related information. However, no change to the airplane
model designation in this supplemental NPRM is necessary, since we
differed from Brazilian airworthiness directive 2006-01-01, as
explained in the original NPRM.
In addition, EMBRAER has published Revision 01 of EMBRAER Service
Bulletin 145-53-0059, dated March 9, 2006, to correct the typographical
error to a P/N in Figure 4 of the original issue of the service
bulletin. (We referenced the original issue, dated July 1, 2005, in the
original NPRM as the appropriate source of service information.) The
procedures in Revision 01 of the service bulletin are essentially the
same as those in the original issue, except that Figure 4 of Revision
01 specifies removing P/N 145-53769-007 at fuselage location x=14,827.8
and
[[Page 44936]]
replacing it with P/N 145-38912-003. Therefore, we have revised
paragraphs (c) and (f) of this supplemental NPRM to reference Revision
01 of the service bulletin.
Comments
We have considered the following comments on the original NPRM.
Request to Reference Revision 01 of the Service Bulletin
EMBRAER requests that we revise paragraphs (c) and (f) of the NPRM
to reference Revision 01 of EMBRAER Service Bulletin 145-53-0059, dated
March 9, 2006. EMBRAER states that Revision 01 has been issued to
correct a certain part number.
We agree. As stated previously, we have revised this supplemental
NPRM to reference Revision 01 of the service bulletin.
Request To Reference New Brazilian Airworthiness Directive
EMBRAER states that the DAC has issued Brazilian airworthiness
directive 2006-01-01R1, effective May 23, 2006, to correct the airplane
applicability and the part number discussed previously. Therefore,
EMBRAER requests that we revise paragraph (h) of the NPRM to reference
Brazilian airworthiness directive 2006-01-01R1.
We agree. As stated previously we have revised paragraph (h) of
this supplemental NPRM to reference Brazilian airworthiness directive
2006-01-01R1. No change to the applicability of this supplemental NPRM
is necessary, since we differed from Brazilian airworthiness directive
2006-01-01, as explained in the original NPRM.
Request To Give Credit for the Original Issue of the Service Bulletin
EMBRAER states that actions accomplished before the effective date
of the AD in accordance with the original issue of EMBRAER Service
Bulletin 145-53-0059, dated July 1, 2005, are acceptable for compliance
with actions done in accordance with Revision 01. We infer EMBRAER
requests that we add a credit paragraph to this supplemental NPRM for
accomplishment of the original service bulletin.
We disagree. Since Figure 4 of the original service bulletin
incorrectly specifies removing P/N 145-53769-003 at fuselage location
x=14,827.8, this supplemental NPRM would require additional work (i.e.,
removing P/N 145-53769-007 at fuselage location x=14,827.8). Further,
EMBRAER has confirmed that although P/N 145-53769-003 does not exist at
fuselage location x=14,827.8, it does exist elsewhere on the airplane;
this could cause confusion in accomplishing the service bulletin.
Therefore, we have not revised this supplemental NPRM is this regard.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
Certain changes discussed above expand the scope of the original
NPRM; therefore, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for public comment on
this supplemental NPRM.
Costs of Compliance
This supplemental NPRM would affect about 97 airplanes of U.S.
registry. The proposed actions would take about 10 work hours per
airplane, at an average labor rate of $80 per work hour. Required parts
would cost about $82 per airplane. Based on these figures, the
estimated cost of this supplemental NPRM on U.S. operators is $85,554,
or $882 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. 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 supplemental NPRM and placed it in the AD docket. 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, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA-
2006-24440; Directorate Identifier 2006-NM-058-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by September
5, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-145XR airplanes,
certificated in any category; as identified in EMBRAER Service
Bulletin 145-53-0059, Revision 01, dated March 9, 2006.
Unsafe Condition
(d) This AD results from instances where the shear plungers of
the passenger seat legs were not adequately fastened. We are issuing
this AD to prevent inadequate fastening of the seat leg shear
plungers, which could result in failure of the passenger seat tracks
during emergency landing conditions and consequent injury to
passengers.
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.
[[Page 44937]]
Replacement of Passenger Seat Tracks
(f) Within 5,000 flight hours after the effective date of this
AD, replace segments of the internal and external passenger seat
tracks with new, improved seat tracks, by accomplishing all of the
actions specified in the Accomplishment Instructions of EMBRAER
Service Bulletin 145-53-0059, Revision 01, dated March 9, 2006.
Alternative Methods of Compliance (AMOCs)
(g)(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 Sec.
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
(h) Brazilian airworthiness directive 2006-01-01R1, effective
May 23, 2006, also addresses the subject of this AD.
Issued in Renton, Washington, July 31, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-12832 Filed 8-7-06; 8:45 am]
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