Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ and EMB-145XR Airplanes, 60417-60419 [E6-16895]

Download as PDF Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Rules and Regulations 60417 TABLE 1.—ACTIONS/COMPLIANCE/PROCEDURES—Continued Actions Compliance Procedures (4) For all airplanes: Insert the appropriate Revision A6 part number (P/N) into the Pilot’s Operating Handbook (POH), as presented in TABLE 2.—REVISION A6 TO THE PILOT’S OPERATING HANDBOOK, in paragraph (f) of this AD. Within 50 hours TIS after November 17, 2006 (the effective date of this AD), unless already done. The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may insert the information into the POH as specified in paragraph (e)(4) of this AD. Make an entry into the airplane maintenance records showing compliance with this portion of the AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). (5) For Group 3 and Group 4 airplanes: (i) Do not install any MLG fairings without also doing the modifications required by paragraph (e)(3)(i) of this AD; and (ii) Do not replace any brake calipers without also installing the temperature indicator sticker required by paragraph (e)(3)(ii) of this AD. As of November 17, 2006 (the effective date of this AD). Follow Cirrus Design Corporation Service Bulletin SB 2X–32–14 R1, Issued: January 18, 2006, Revised: February 17, 2006. (f) The following table specifies the POH Revision A6 part number as required in paragraph (e)(4) of this AD: TABLE 2.—REVISION A6 TO THE PILOT’S OPERATING HANDBOOK Model SR20 or SR22 airplane POH P/N Affected airplanes (1) Model SR20, S/N 1148 through 1267 ..................................................................................................... (2) Model SR20, S/N 1005 through 1147 that have the 3,000-pound gross weight modification following Cirrus Design Corporation Service Bulletin SB 20–01–00, Issued: February 25, 2003. (3) SR20, S/N 1268 through 1739 ................................................................................................................ (4) SR22, S/N 002 through 1739 .................................................................................................................. erjones on PROD1PC72 with RULES Alternative Methods of Compliance (AMOCs) (g) The Manager, Chicago Aircraft Certification Office (ACO), ATTN: Wess Rouse, Aerospace Engineer, FAA, ACE–117C, Chicago ACO, 2300 East Devon Avenue, Room 107, Des Plaines, Illinois 60018; telephone: (847) 294–8113; facsimile: (847) 294–7834, has the authority to approve alternative methods of compliance for this AD, if requested using the procedures found in 14 CFR 39.19. Material Incorporated by Reference (h) You must do the actions required by this AD following the instructions in Cirrus Design Corporation Service Bulletin SB 2X– 32–13 R1, Issued: December 15, 2005, Revised May 16, 2006; and Cirrus Design Corporation Service Bulletin SB 2X–32–14 R1, Issued: January 18, 2006, Revised: February 17, 2006. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of this service information, contact Cirrus Design Corporation, 4515 Taylor Circle, Duluth, Minnesota 55811; telephone: (218) 727–2737 or on the Internet at www.cirrusdesign.com. To review copies of this service information, go to the National Archives and Records VerDate Aug<31>2005 13:09 Oct 13, 2006 Jkt 211001 Administration (NARA). For information on the availability of this material at NARA, go to: http://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html or call (202) 741–6030. To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590–001 or on the Internet at http:// dms.dot.gov. The docket number is Docket No. FAA–2006–24010; Directorate Identifier 2006–CE–14–AD. Issued in Kansas City, Missouri, on October 3, 2006. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6–16741 Filed 10–12–06; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 Date FAA-approved 11934–002 11934–002 January 18, 2006. January 18, 2006. 11934–003 13772–001 January 18, 2006. January 18, 2006. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2004–NM–36–AD; Amendment 39–14788; AD 2006–21–04] RIN 2120–AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135BJ and EMB–145XR Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive (AD), applicable to certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135BJ and Model EMB–145XR airplanes. This AD requires, for all airplanes, installation of an additional indication device to the clear-ice indication system. For certain airplanes, this AD requires replacing the existing clear-ice indication lamp with a new, E:\FR\FM\13OCR1.SGM 13OCR1 60418 Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Rules and Regulations improved lamp. For certain other airplanes, this AD also requires modifying certain electrical connections to add an indication device to the clearice indication system, removing a certain placard, and re-activating the clear-ice additional indicator lamp. The actions specified by this AD are intended to prevent undetected buildup of clear ice on the wing surfaces, which could lead to reduced controllability of the airplane. This action is intended to address the identified unsafe condition. Effective November 17, 2006. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of November 17, 2006. DATES: The service information referenced in this AD may be obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil. This information may be examined at the Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington. ADDRESSES: 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. A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135BJ and Model EMB–145XR airplanes was published as a supplemental notice of proposed rulemaking (NPRM) in the Federal Register on May 26, 2006 (71 FR 30335). That action proposed to require, for all airplanes, installation of an additional indication device to the clear-ice indication system. For certain airplanes, that action also proposed to require replacing the existing clear-ice indication lamp with a new, improved lamp. For certain other airplanes, that action also proposed to require modifying certain electrical connections to add an indication device to the clearice indication system, removing a certain placard, and re-activating the clear-ice additional indicator lamp. That action also proposed to add airplanes to the applicability of an earlier supplemental NPRM. erjones on PROD1PC72 with RULES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 13:09 Oct 13, 2006 Jkt 211001 Comments Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received. Request To Withdraw the Second Supplemental NPRM ExpressJet requests that we withdraw the second supplemental NPRM. ExpressJet states that it is the only U.S. operator of these airplanes, and that it has accomplished all the actions specified in the service bulletins. ExpressJet also explains that any future airplanes of this type will be equipped in production, so there is no reason to include this type of airplane in the final rule. We do not agree with ExpressJet’s request to withdraw the second supplemental NPRM. EMBRAER has advised us that not all of the affected airplanes worldwide have been modified; therefore, it is possible that an unmodified airplane could be imported to the U.S. in the future. Even if the current U.S.-registered fleet is in compliance with all of the proposed requirements, issuing the AD will ensure that the imported airplane is modified before it is permitted to operate in the U.S. We have not changed the AD in this regard. Conclusion We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD as proposed. Cost Impact The FAA estimates that about 49 airplanes of U.S. registry are affected by this AD. The average labor rate is $80 per work hour. For 41 Model EMB–145XR airplanes, it will take 16 work hours per airplane to accomplish the actions. Required parts cost between $242 and $817 per airplane. Based on these figures, the cost impact of this AD on U.S. operators of Model EMB–145XR airplanes is estimated to be between $62,402 and $85,977, or between $1,522 and $2,097 per airplane. For 8 Model EMB–135BJ airplanes, it will take 16 work hours per airplane to accomplish the actions. Required parts will cost between $240 and $820 per airplane. Based on these figures, the cost impact of this AD on U.S. operators of Model EMB–135BJ airplanes is estimated to be between $12,160 and $16,800, or between $1,520 and $2,100 per airplane. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 The cost impact figures discussed above are based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Impact The regulations adopted herein will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. For the reasons discussed above, I certify that this action (1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules E:\FR\FM\13OCR1.SGM 13OCR1 Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Rules and Regulations Docket at the location provided under the caption ADDRESSES. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: ■ 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] EMBRAER Service Bulletin 145LEG–30– 0002, Revision 01, dated January 4, 2005. (1) Install complete electrical connections and provisions to add an additional indication device to the clear-ice indication system, as specified in Part I of the Accomplishment Instructions of the service bulletin. (2) Modify the electrical connections of factory-provisioned airplanes to add an additional indication device to the clear-ice indication system, as specified in Part II of the Accomplishment Instructions of the service bulletin. (3) Remove the ‘‘Clear-Ice Inoperative’’ placard and reactivate the clear-ice additional indicator lamp, as specified in Part III of the Accomplishment Instructions of the service bulletin. (4) Replace the existing clear-ice indicator lamp with a new, improved lamp having a new part number, as specified in Part IV or V of the Accomplishment Instructions of the service bulletin. ■ Actions Accomplished Per Previous Issues of Service Bulletins 2006–21–04 Empresa Brasileira De Aeronautica S.A. (EMBRAER): Amendment 39–14788. Docket 2004– NM–36–AD. (c) Actions accomplished before the effective date of this AD in accordance with EMBRAER Service Bulletin 145–30–0035, Revision 02, dated January 6, 2005, are considered acceptable for compliance with the corresponding actions specified in this AD. 2. Section 39.13 is amended by adding the following new airworthiness directive: erjones on PROD1PC72 with RULES Applicability: Model EMB–145XR airplanes, as listed in EMBRAER Service Bulletin 145–30–0035, Revision 03, dated March 8, 2005; and Model EMB–135BJ airplanes, as listed in EMBRAER Service Bulletin 145LEG–30–0002, Revision 01, dated January 4, 2005; certificated in any category. Compliance: Required as indicated, unless accomplished previously. To prevent undetected build-up of clear ice on the wing surfaces, which could lead to reduced controllability of the airplane, accomplish the following: Modification of Clear-Ice Indication System (a) For Model EMB–145XR airplanes: Within 24 months or 5,000 flight hours after the effective date of this AD, whichever comes first, perform the actions specified in paragraphs (a)(1) and (a)(2) of this AD, as applicable, in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 145–30–0035, Revision 03, dated March 8, 2005. (1) Install complete electrical connections and provisions to add an additional indication device to the clear-ice indication system, as specified in Part I of the Accomplishment Instructions of the service bulletin. (2) Replace the existing clear-ice indication lamp with a new lamp having a new part number, as specified in Part II of the Accomplishment Instructions of the service bulletin. (b) For Model EMB–135BJ airplanes: Within 24 months or 5,000 flight hours after the effective date of this AD, whichever comes first, perform the actions in paragraphs (b)(1), (b)(2), (b)(3), and (b)(4) of this AD, as applicable, in accordance with the Accomplishment Instructions of VerDate Aug<31>2005 13:09 Oct 13, 2006 Jkt 211001 Alternative Methods of Compliance (d)(1) In accordance with 14 CFR 39.19, the Manager, International Branch, ANM–116, FAA, Transport Airplane Directorate, is authorized to approve alternative methods of compliance for this AD. (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. Note 1: The subject of this AD is addressed in Brazilian airworthiness directive 2004–01– 01, effective January 27, 2004. Incorporation by Reference (e) Unless otherwise specified in this AD, the actions must be done in accordance with EMBRAER Service Bulletin 145–30–0035, Revision 03, dated March 8, 2005; or EMBRAER Service Bulletin 145LEG–30– 0002, Revision 01, dated January 4, 2005; as applicable. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get copies of this service information, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil. To inspect copies of this service information, go to the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or to the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call (202) 741– 6030, or go to http://www.archives.gov/ federal_register/code_of_federal_regulations/ ibr_locations.html. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 60419 Effective Date (f) This amendment becomes effective on November 17, 2006. Issued in Renton, Washington, on October 4, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6–16895 Filed 10–12–06; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2006–25831; Airspace Docket No. 06–AWA–1] RIN 2120–AA66 Modification of the Class B Airspace Area; Atlanta, GA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: This action makes minor modifications to the floor of the Atlanta, GA, Class B airspace area in order to contain large, turbine-powered aircraft within Class B airspace during simultaneous triple instrument landing system (STILS) operations at the Hartsfield-Jackson Atlanta International Airport (ATL). In addition, this action makes two editorial changes to the Atlanta Class B airspace legal description. The FAA is taking this action to enhance safety and to prevent significant air traffic delays in the National Airspace System (NAS). DATES: Effective 0901 UTC, October 26, 2006. Comments must be received on or before November 27, 2006. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. ADDRESSES: Address your comments in triplicate to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590–0001. You must identify FAA Docket No. FAA–2006–25831 and Airspace Docket No. 06–AWA–1, at the beginning of your comments. You may also submit comments through the Internet at http://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., E:\FR\FM\13OCR1.SGM 13OCR1

Agencies

[Federal Register Volume 71, Number 198 (Friday, October 13, 2006)]
[Rules and Regulations]
[Pages 60417-60419]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16895]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-36-AD; Amendment 39-14788; AD 2006-21-04]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ and EMB-145XR Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) 
Model EMB-135BJ and Model EMB-145XR airplanes. This AD requires, for 
all airplanes, installation of an additional indication device to the 
clear-ice indication system. For certain airplanes, this AD requires 
replacing the existing clear-ice indication lamp with a new,

[[Page 60418]]

improved lamp. For certain other airplanes, this AD also requires 
modifying certain electrical connections to add an indication device to 
the clear-ice indication system, removing a certain placard, and re-
activating the clear-ice additional indicator lamp. The actions 
specified by this AD are intended to prevent undetected build-up of 
clear ice on the wing surfaces, which could lead to reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Effective November 17, 2006.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 17, 2006.

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

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Empresa Brasileira de 
Aeronautica S.A. (EMBRAER) Model EMB-135BJ and Model EMB-145XR 
airplanes was published as a supplemental notice of proposed rulemaking 
(NPRM) in the Federal Register on May 26, 2006 (71 FR 30335). That 
action proposed to require, for all airplanes, installation of an 
additional indication device to the clear-ice indication system. For 
certain airplanes, that action also proposed to require replacing the 
existing clear-ice indication lamp with a new, improved lamp. For 
certain other airplanes, that action also proposed to require modifying 
certain electrical connections to add an indication device to the 
clear-ice indication system, removing a certain placard, and re-
activating the clear-ice additional indicator lamp. That action also 
proposed to add airplanes to the applicability of an earlier 
supplemental NPRM.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Withdraw the Second Supplemental NPRM

    ExpressJet requests that we withdraw the second supplemental NPRM. 
ExpressJet states that it is the only U.S. operator of these airplanes, 
and that it has accomplished all the actions specified in the service 
bulletins. ExpressJet also explains that any future airplanes of this 
type will be equipped in production, so there is no reason to include 
this type of airplane in the final rule.
    We do not agree with ExpressJet's request to withdraw the second 
supplemental NPRM. EMBRAER has advised us that not all of the affected 
airplanes worldwide have been modified; therefore, it is possible that 
an unmodified airplane could be imported to the U.S. in the future. 
Even if the current U.S.-registered fleet is in compliance with all of 
the proposed requirements, issuing the AD will ensure that the imported 
airplane is modified before it is permitted to operate in the U.S. We 
have not changed the AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comment received, and determined that air safety and the public 
interest require adopting the AD as proposed.

Cost Impact

    The FAA estimates that about 49 airplanes of U.S. registry are 
affected by this AD. The average labor rate is $80 per work hour.
    For 41 Model EMB-145XR airplanes, it will take 16 work hours per 
airplane to accomplish the actions. Required parts cost between $242 
and $817 per airplane. Based on these figures, the cost impact of this 
AD on U.S. operators of Model EMB-145XR airplanes is estimated to be 
between $62,402 and $85,977, or between $1,522 and $2,097 per airplane.
    For 8 Model EMB-135BJ airplanes, it will take 16 work hours per 
airplane to accomplish the actions. Required parts will cost between 
$240 and $820 per airplane. Based on these figures, the cost impact of 
this AD on U.S. operators of Model EMB-135BJ airplanes is estimated to 
be between $12,160 and $16,800, or between $1,520 and $2,100 per 
airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a 
significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules

[[Page 60419]]

Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

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

2006-21-04 Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-14788. Docket 2004-NM-36-AD.

    Applicability: Model EMB-145XR airplanes, as listed in EMBRAER 
Service Bulletin 145-30-0035, Revision 03, dated March 8, 2005; and 
Model EMB-135BJ airplanes, as listed in EMBRAER Service Bulletin 
145LEG-30-0002, Revision 01, dated January 4, 2005; certificated in 
any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent undetected build-up of clear ice on the wing 
surfaces, which could lead to reduced controllability of the 
airplane, accomplish the following:

Modification of Clear-Ice Indication System

    (a) For Model EMB-145XR airplanes: Within 24 months or 5,000 
flight hours after the effective date of this AD, whichever comes 
first, perform the actions specified in paragraphs (a)(1) and (a)(2) 
of this AD, as applicable, in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-30-0035, Revision 03, 
dated March 8, 2005.
    (1) Install complete electrical connections and provisions to 
add an additional indication device to the clear-ice indication 
system, as specified in Part I of the Accomplishment Instructions of 
the service bulletin.
    (2) Replace the existing clear-ice indication lamp with a new 
lamp having a new part number, as specified in Part II of the 
Accomplishment Instructions of the service bulletin.
    (b) For Model EMB-135BJ airplanes: Within 24 months or 5,000 
flight hours after the effective date of this AD, whichever comes 
first, perform the actions in paragraphs (b)(1), (b)(2), (b)(3), and 
(b)(4) of this AD, as applicable, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-30-
0002, Revision 01, dated January 4, 2005.
    (1) Install complete electrical connections and provisions to 
add an additional indication device to the clear-ice indication 
system, as specified in Part I of the Accomplishment Instructions of 
the service bulletin.
    (2) Modify the electrical connections of factory-provisioned 
airplanes to add an additional indication device to the clear-ice 
indication system, as specified in Part II of the Accomplishment 
Instructions of the service bulletin.
    (3) Remove the ``Clear-Ice Inoperative'' placard and reactivate 
the clear-ice additional indicator lamp, as specified in Part III of 
the Accomplishment Instructions of the service bulletin.
    (4) Replace the existing clear-ice indicator lamp with a new, 
improved lamp having a new part number, as specified in Part IV or V 
of the Accomplishment Instructions of the service bulletin.

Actions Accomplished Per Previous Issues of Service Bulletins

    (c) Actions accomplished before the effective date of this AD in 
accordance with EMBRAER Service Bulletin 145-30-0035, Revision 02, 
dated January 6, 2005, are considered acceptable for compliance with 
the corresponding actions specified in this AD.

Alternative Methods of Compliance

    (d)(1) In accordance with 14 CFR 39.19, the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
is authorized to approve alternative methods of compliance for this 
AD.
    (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.

    Note 1: The subject of this AD is addressed in Brazilian 
airworthiness directive 2004-01-01, effective January 27, 2004.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions must be 
done in accordance with EMBRAER Service Bulletin 145-30-0035, 
Revision 03, dated March 8, 2005; or EMBRAER Service Bulletin 
145LEG-30-0002, Revision 01, dated January 4, 2005; as applicable. 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. To get copies of this service information, contact Empresa 
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, 
Sao Jose dos Campos--SP, Brazil. To inspect copies of this service 
information, go to the FAA, Transport Airplane Directorate, 1601 
Lind Avenue, SW., Renton, Washington; or to the National Archives 
and Records Administration (NARA). For information on the 
availability of this material at the NARA, call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

Effective Date

    (f) This amendment becomes effective on November 17, 2006.

    Issued in Renton, Washington, on October 4, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-16895 Filed 10-12-06; 8:45 am]
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