Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ and EMB-145XR Airplanes, 60417-60419 [E6-16895]
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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 ..................................................................................................................
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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: https://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 https://
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
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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.
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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:
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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 https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
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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 https://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
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]]>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]
-----------------------------------------------------------------------
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 https://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]
BILLING CODE 4910-13-P
