Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-145XR Airplanes, 77590-77593 [E6-22041]
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Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Rules and Regulations
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in subtitle VII,
part A, subpart III, section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD 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, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
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I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
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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):
I
2006–26–05 Fokker Services B.V.:
Amendment 39–14863. Docket No.
FAA–2006–23659; Directorate Identifier
2005–NM–236–AD.
Effective Date
(a) This AD becomes effective January 31,
2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Fokker Model
F27 Mark 100, 200, 300, 400, 500, 600, and
700 airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from reports of power
loss on one or both engines in icing
conditions. We are issuing this AD to advise
the flightcrew that continuous ignition will
not reduce the probability of power loss, and
what action they must take to avoid this
hazard. Loss of power in one or more engines
during flight, if not prevented, could result
in loss of control of the airplane.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Airplane Flight Manual (AFM) Revision
(f) Within 30 days after the effective date
of this AD, revise the Limitations section of
the Fokker F27 AFM by incorporating the
information specified in Fokker Manual
Change Notification—Operational
Documentation (MCNO) MCNO–F27–020,
dated June 1, 2004, into the Limitations
section of the AFM.
Note 1: The actions required by paragraph
(f) of this AD may be done by inserting a
copy of MCNO MCNO–F27–020 into the
Limitations section of the Fokker F27 AFM.
When this MCNO, MCNO–F27–020, has been
included in the general revisions of the AFM,
the general revisions may be inserted in the
AFM, provided the relevant information in
the general revision is identical to that in
MCNO MCNO–F27–020.
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.
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Related Information
(h) Dutch airworthiness directive 2004–
122, dated October 28, 2004, also addresses
the subject of this AD.
Material Incorporated by Reference
(i) You must use Fokker Manual Change
Notification—Operational Documentation
MCNO–F27–020, dated June 1, 2004, to
perform the actions that are required by this
AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the
incorporation by reference of this document
in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Contact Fokker Services B.V., P.O.
Box 231, 2150 AE Nieuw-Vennep, the
Netherlands, for a copy of this service
information. You may review copies at the
Docket Management Facility, U.S.
Department of Transportation, 400 Seventh
Street, SW., Room PL–401, Nassif Building,
Washington, DC; on the Internet at https://
dms.dot.gov; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at the NARA, call (202) 741–6030,
or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on
December 14, 2006.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E6–22042 Filed 12–26–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–24440; Directorate
Identifier 2006–NM–058–AD; Amendment
39–14862; AD 2006–26–04]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–145XR
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
EMBRAER Model EMB–145XR
airplanes. This AD requires replacement
of certain segments of the passenger seat
tracks with new, improved seat tracks.
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
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Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Rules and Regulations
during emergency landing conditions
and consequent injury to passengers.
DATES: This AD becomes effective
January 31, 2007.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of January 31, 2007.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh, Street,
SW., Nassif Building, Room PL–401,
Washington, DC.
Contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box
343–CEP 12.225, Sao Jose dos Campos—
SP, Brazil, for service information
identified in this 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:
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 of the Nassif Building at the street
address stated in the ADDRESSES section.
Discussion
The FAA issued a supplemental
notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an
AD that would apply to certain
EMBRAER Model EMB–145XR
airplanes. That supplemental NPRM
was published in the Federal Register
on August 8, 2006 (71 FR 44935). That
supplemental NPRM proposed to
require replacement of certain segments
of the passenger seat tracks with new,
improved seat tracks.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
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Request To Publish Service Information
The Modification and Replacement
Parts Association (MARPA) states that,
typically, ADs are based on service
information originating with the type
certificate holder or its suppliers.
MARPA adds that manufacturer service
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documents are privately authored
instruments generally having copyright
protection against duplication and
distribution. MARPA notes that when a
service document is incorporated by
reference into a public document, such
as an AD, it loses its private, protected
status and becomes a public document.
MARPA adds that if a service document
is used as a mandatory element of
compliance, it should not simply be
referenced, but should be incorporated
into the regulatory document; by
definition, public laws must be public,
which means they cannot rely upon
private writings. MARPA adds that
incorporated by reference service
documents should be made available to
the public by publication in the Docket
Management System (DMS), keyed to
the action that incorporates them.
MARPA notes that the stated purpose of
the incorporation by reference method
is brevity, to keep from expanding the
Federal Register needlessly by
publishing documents already in the
hands of the affected individuals;
traditionally, ‘‘affected individuals’’
means aircraft owners and operators,
who are generally provided service
information by the manufacturer.
MARPA adds that a new class of
affected individuals has emerged, since
the majority of aircraft maintenance is
now performed by specialty shops
instead of aircraft owners and operators.
MARPA notes that this new class
includes maintenance and repair
organizations, component servicing and
repair shops, parts purveyors and
distributors, and organizations
manufacturing or servicing alternatively
certified parts under section 21.303
(‘‘Replacement and modification parts’’)
of the Federal Aviation Regulations (14
CFR 21.303). MARPA adds that the
concept of brevity is now nearly archaic
as documents exist more frequently in
electronic format than on paper.
Therefore, MARPA asks that the service
documents deemed essential to the
accomplishment of the supplemental
NPRM be incorporated by reference into
the regulatory instrument and published
in DMS.
We do not agree that documents
should be incorporated by reference
during the NPRM phase of rulemaking.
The Office of the Federal Register (OFR)
requires that documents that are
necessary to accomplish the
requirements of the AD be incorporated
by reference during the final rule phase
of rulemaking. This final rule
incorporates by reference the document
necessary for the accomplishment of the
requirements mandated by this AD.
Further, we point out that while
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documents that are incorporated by
reference do become public information,
they do not lose their copyright
protection. For that reason, we advise
the public to contact the manufacturer
to obtain copies of the referenced
service information.
In regard to the commenter’s request
to post service bulletins on the
Department of Transportation’s DMS,
we are currently in the process of
reviewing issues surrounding the
posting of service bulletins on DMS as
part of an AD docket. Once we have
thoroughly examined all aspects of this
issue and have made a final
determination, we will consider
whether our current practice needs to be
revised. No change to the final rule is
necessary in response to this comment.
Request To Allow Use of Parts
Manufacturer Approval (PMA) Parts
MARPA states that the practice of
requiring the replacement of a defective
part with a certain part conflicts with 14
CFR 21.303. MARPA asserts that
requiring installation of a certain part
prevents installation of other good parts
and prohibits the development of new
parts. MARPA also states that the
practice of requiring an alternative
method of compliance (AMOC) to
install a PMA part should be stopped.
MARPA concludes that this practice
presumes that all PMA parts are
inherently defective and require an
additional layer of approval.
MARPA further states the NPRM does
not comply with FAA Order 8040.2; that
order states that replacement or
installation of certain parts could have
replacement parts approved under 14
CFR 21.303 based on a finding of
identicality. That order also states that
any parts approved under this
regulation and installed should be
subject to the actions of the AD and
included in the applicability.
MARPA states that if a PMA part is
defective, then it must be addressed in
an AD and not just simply implied by
an AMOC requirement. MARPA
suggests that we adopt language used in
ADs issued by directorates other than
the Transport Airplane Directorate,
which specify installing an ‘‘FAAapproved equivalent part number’’ or
‘‘airworthy parts.’’ MARPA contends
that the mandates contained in Section
1, paragraph (b)(1) of Executive Order
12866 are not being met because the
directorates differ in their treatment of
this issue. MARPA, therefore, requests
that we revise the supplemental NPRM
to allow use of PMA parts.
We do not agree to revise this AD. The
supplemental NPRM does not address
PMA parts, as provided in draft FAA
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Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Rules and Regulations
Order 8040.2, because the Order was
only a draft that was out for comment
at the time. After issuance of the
supplemental NPRM, the Order was
revised and issued as FAA Order 8040.5
with an effective date of September 29,
2006. FAA Order 8040.5 does not
address PMA parts in ADs.
We acknowledge the need to ensure
that unsafe PMA parts are identified and
addressed in ADs in a standardized way
at the national level. We are currently
examining all aspects of this issue,
including input from industry. Once we
have made a final determination, we
will consider how our policy regarding
PMA parts in ADs needs to be revised.
However, the Transport Airplane
Directorate considers that to delay this
particular AD action would be
inappropriate, since we have
determined that an unsafe condition
exists and that replacement of certain
parts must be accomplished to ensure
continued safety. Therefore, no change
has been made to this AD in this regard.
Conclusion
We have carefully reviewed the
available data, including the comments
received, and determined that air safety
and the public interest require adopting
the AD as proposed in the supplemental
NPRM.
Costs of Compliance
This AD affects about 97 airplanes of
U.S. registry. The required actions take
about 10 work hours per airplane, at an
average labor rate of $80 per work hour.
Required parts cost about $82 per
airplane. Based on these figures, the
estimated cost of this AD on U.S.
operators is $85,554, or $882 per
airplane.
products identified in this rulemaking
action.
Bulletin 145–53–0059, Revision 01, dated
March 9, 2006.
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
See the ADDRESSES section for a location
to examine the regulatory evaluation.
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
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Authority for This Rulemaking
Authority: 49 U.S.C. 106(g), 40113, 44701.
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
VerDate Aug<31>2005
17:07 Dec 26, 2006
Jkt 211001
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2006–26–04 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–14862. Docket No.
FAA–2006–24440; Directorate Identifier
2006–NM–058–AD.
Effective Date
(a) This AD becomes effective January 31,
2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model
EMB–145XR airplanes, certificated in any
category; as identified in EMBRAER Service
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Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Replacement 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.
Material Incorporated by Reference
(i) You must use EMBRAER Service
Bulletin 145–53–0059, Revision 01, dated
March 9, 2006, to perform the actions that are
required by this AD, unless the AD specifies
otherwise. EMBRAER Service Bulletin 145–
53–0059, Revision 01, dated March 9, 2006,
contains the following effective pages:
Page No.
Revision
level shown
on page
Date shown on
page
1, 2, 16 .......
3–15, 17 .....
01 ................
Original ........
March 9, 2006.
July 1, 2005.
The Director of the Federal Register
approved the incorporation by reference of
this document in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Contact Empresa
Brasileira de Aeronautica S.A. (EMBRAER),
P.O. Box 343—CEP 12.225, Sao Jose dos
Campos—SP, Brazil, for a copy of this service
information. You may review copies at the
Docket Management Facility, U.S.
Department of Transportation, 400 Seventh
Street, SW., Room PL–401, Nassif Building,
Washington, DC; on the Internet at https://
dms.dot.gov; or at the National Archives and
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Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Rules and Regulations
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.
Issued in Renton, Washington, on
December 11, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–22041 Filed 12–26–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 97
[Docket No. 30527 Amdt. No. 3198]
Standard Instrument Approach
Procedures, Weather Takeoff
Minimums; Miscellaneous
Amendments
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This amendment establishes,
amends, suspends, or revokes Standard
Instrument Approach Procedures
(SIAPs) and/or Weather Takeoff
Minimums for operations at certain
airports. These regulatory actions are
needed because of the adoption of new
or revised criteria, or because of changes
occurring in the National Airspace
System, such as the commissioning of
new navigational facilities, addition of
new obstacles, or changes in air traffic
requirements. These changes are
designed to provide safe and efficient
use of the navigable airspace and to
promote safe flight operations under
instrument flight rules at the affected
airports.
This rule is effective December
27, 2006. The compliance date for each
SIAP and/or Weather Takeoff
Minimums is specified in the
amendatory provisions.
The incorporation by reference of
certain publications listed in the
regulations is approved by the Director
of the Federal Register as of December
27, 2006.
ADDRESSES: Availability of matters
incorporated by reference in the
amendment is as follows:
For Examination—
1. FAA Rules Docket, FAA
Headquarters Building, 800
Independence Avenue, SW.,
Washington, DC 20591;
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DATES:
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2. The FAA Regional Office of the
region in which the affected airport is
located;
3. The National Flight Procedures
Office, 6500 South MacArthur Blvd.,
Oklahoma City, OK 73169 or,
4. The National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
For Purchase—Individual SIAP and
Weather Takeoff Minimums copies may
be obtained from:
1. FAA Public Inquiry Center (APA–
200), FAA Headquarters Building, 800
Independence Avenue, SW.,
Washington, DC 20591; or
2. The FAA Regional Office of the
region in which the affected airport is
located.
By Subscription—Copies of all SIAPs
and Weather Takeoff Minimums mailed
once every 2 weeks, are for sale by the
Superintendent of Documents, U.S.
Government Printing Office,
Washington, DC 20402.
FOR FURTHER INFORMATION CONTACT:
Donald P. Pate, Flight Procedure
Standards Branch (AFS–420), Flight
Technologies and Programs Division,
Flight Standards Service, Federal
Aviation Administration, Mike
Monroney Aeronautical Center, 6500
South MacArthur Blvd. Oklahoma City,
OK. 73169 (Mail Address: P.O. Box
25082 Oklahoma City, OK. 73125)
telephone: (405) 954–4164.
SUPPLEMENTARY INFORMATION: This
amendment to Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR
part 97), establishes, amends, suspends,
or revokes SIAPs and/or Weather
Takeoff Minimums. The complete
regulatory description of each SIAP
and/or Weather Takeoff Minimums is
contained in official FAA form
documents which are incorporated by
reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14
CFR part 97.20. The applicable FAA
Forms are identified as FAA Forms
8260–3, 8260–4, 8260–5 and 8260–15A.
Materials incorporated by reference are
available for examination or purchase as
stated above.
The large number of SIAPs and/or
Weather Takeoff Minimums, their
complex nature, and the need for a
special format make their verbatim
publication in the Federal Register
expensive and impractical. Further,
airmen do not use the regulatory text of
the SIAPs and/or Weather Takeoff
Minimums but refer to their depiction
on charts printed by publishers of
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77593
aeronautical materials. Thus, the
advantages of incorporation by reference
are realized and publication of the
complete description of each SIAP and/
or Weather Takeoff Minimums
contained in FAA form documents is
unnecessary. The provisions of this
amendment state the affected CFR
sections, with the types and effective
dates of the SIAPs and/or Weather
Takeoff Minimums. This amendment
also identifies the airport, its location,
the procedure identification and the
amendment number.
The Rule
This amendment to 14 CFR part 97 is
effective upon publication of each
separate SIAP and/or Weather Takeoff
Minimums as contained in the
transmittal. Some SIAP and/or Weather
Takeoff Minimums amendments may
have been previously issued by the FAA
in a Flight Data Center (FDC) Notice to
Airmen (NOTAM) as an emergency
action of immediate flight safety relating
directly to published aeronautical
charts. The circumstances which
created the need for some SIAP, and/or
Weather Takeoff Minimums
amendments may require making them
effective in less than 30 days. For the
remaining SIAPs and/or Weather
Takeoff Minimums, an effective date at
least 30 days after publication is
provided.
Further, the SIAPs and/or Weather
Takeoff Minimums contained in this
amendment are based on the criteria
contained in the U.S. Standard for
Terminal Instrument Procedures
(TERPS). In developing these SIAPs
and/or Weather Takeoff Minimums, the
TERPS criteria were applied to the
conditions existing or anticipated at the
affected airports. Because of the close
and immediate relationship between
these SIAPs and/or Weather Takeoff
Minimums and safety in air commerce,
I find that notice and public procedure
before adopting these SIAPs and/or
Weather Takeoff Minimums are
impracticable and contrary to the public
interest and, where applicable, that
good cause exists for making some
SIAPs and/or Weather Takeoff
Minimums effective in less than 30
days.
Conclusion
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore—(1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
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]]>Agencies
[Federal Register Volume 71, Number 248 (Wednesday, December 27, 2006)]
[Rules and Regulations]
[Pages 77590-77593]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22041]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24440; Directorate Identifier 2006-NM-058-AD;
Amendment 39-14862; AD 2006-26-04]
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: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain EMBRAER Model EMB-145XR airplanes. This AD requires replacement
of certain segments of the passenger seat tracks with new, improved
seat tracks. 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
[[Page 77591]]
during emergency landing conditions and consequent injury to
passengers.
DATES: This AD becomes effective January 31, 2007.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of January 31,
2007.
ADDRESSES: You may examine the AD docket on the Internet at https://dms.dot.gov or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh, Street, SW., Nassif
Building, Room PL-401, Washington, DC.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343-CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service
information identified in this 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:
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 of the Nassif Building at the street address stated in the
ADDRESSES section.
Discussion
The FAA issued a supplemental notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an AD that would apply to certain
EMBRAER Model EMB-145XR airplanes. That supplemental NPRM was published
in the Federal Register on August 8, 2006 (71 FR 44935). That
supplemental NPRM proposed to require replacement of certain segments
of the passenger seat tracks with new, improved seat tracks.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Publish Service Information
The Modification and Replacement Parts Association (MARPA) states
that, typically, ADs are based on service information originating with
the type certificate holder or its suppliers. MARPA adds that
manufacturer service documents are privately authored instruments
generally having copyright protection against duplication and
distribution. MARPA notes that when a service document is incorporated
by reference into a public document, such as an AD, it loses its
private, protected status and becomes a public document. MARPA adds
that if a service document is used as a mandatory element of
compliance, it should not simply be referenced, but should be
incorporated into the regulatory document; by definition, public laws
must be public, which means they cannot rely upon private writings.
MARPA adds that incorporated by reference service documents should be
made available to the public by publication in the Docket Management
System (DMS), keyed to the action that incorporates them. MARPA notes
that the stated purpose of the incorporation by reference method is
brevity, to keep from expanding the Federal Register needlessly by
publishing documents already in the hands of the affected individuals;
traditionally, ``affected individuals'' means aircraft owners and
operators, who are generally provided service information by the
manufacturer. MARPA adds that a new class of affected individuals has
emerged, since the majority of aircraft maintenance is now performed by
specialty shops instead of aircraft owners and operators. MARPA notes
that this new class includes maintenance and repair organizations,
component servicing and repair shops, parts purveyors and distributors,
and organizations manufacturing or servicing alternatively certified
parts under section 21.303 (``Replacement and modification parts'') of
the Federal Aviation Regulations (14 CFR 21.303). MARPA adds that the
concept of brevity is now nearly archaic as documents exist more
frequently in electronic format than on paper. Therefore, MARPA asks
that the service documents deemed essential to the accomplishment of
the supplemental NPRM be incorporated by reference into the regulatory
instrument and published in DMS.
We do not agree that documents should be incorporated by reference
during the NPRM phase of rulemaking. The Office of the Federal Register
(OFR) requires that documents that are necessary to accomplish the
requirements of the AD be incorporated by reference during the final
rule phase of rulemaking. This final rule incorporates by reference the
document necessary for the accomplishment of the requirements mandated
by this AD. Further, we point out that while documents that are
incorporated by reference do become public information, they do not
lose their copyright protection. For that reason, we advise the public
to contact the manufacturer to obtain copies of the referenced service
information.
In regard to the commenter's request to post service bulletins on
the Department of Transportation's DMS, we are currently in the process
of reviewing issues surrounding the posting of service bulletins on DMS
as part of an AD docket. Once we have thoroughly examined all aspects
of this issue and have made a final determination, we will consider
whether our current practice needs to be revised. No change to the
final rule is necessary in response to this comment.
Request To Allow Use of Parts Manufacturer Approval (PMA) Parts
MARPA states that the practice of requiring the replacement of a
defective part with a certain part conflicts with 14 CFR 21.303. MARPA
asserts that requiring installation of a certain part prevents
installation of other good parts and prohibits the development of new
parts. MARPA also states that the practice of requiring an alternative
method of compliance (AMOC) to install a PMA part should be stopped.
MARPA concludes that this practice presumes that all PMA parts are
inherently defective and require an additional layer of approval.
MARPA further states the NPRM does not comply with FAA Order
8040.2; that order states that replacement or installation of certain
parts could have replacement parts approved under 14 CFR 21.303 based
on a finding of identicality. That order also states that any parts
approved under this regulation and installed should be subject to the
actions of the AD and included in the applicability.
MARPA states that if a PMA part is defective, then it must be
addressed in an AD and not just simply implied by an AMOC requirement.
MARPA suggests that we adopt language used in ADs issued by
directorates other than the Transport Airplane Directorate, which
specify installing an ``FAA-approved equivalent part number'' or
``airworthy parts.'' MARPA contends that the mandates contained in
Section 1, paragraph (b)(1) of Executive Order 12866 are not being met
because the directorates differ in their treatment of this issue.
MARPA, therefore, requests that we revise the supplemental NPRM to
allow use of PMA parts.
We do not agree to revise this AD. The supplemental NPRM does not
address PMA parts, as provided in draft FAA
[[Page 77592]]
Order 8040.2, because the Order was only a draft that was out for
comment at the time. After issuance of the supplemental NPRM, the Order
was revised and issued as FAA Order 8040.5 with an effective date of
September 29, 2006. FAA Order 8040.5 does not address PMA parts in ADs.
We acknowledge the need to ensure that unsafe PMA parts are
identified and addressed in ADs in a standardized way at the national
level. We are currently examining all aspects of this issue, including
input from industry. Once we have made a final determination, we will
consider how our policy regarding PMA parts in ADs needs to be revised.
However, the Transport Airplane Directorate considers that to delay
this particular AD action would be inappropriate, since we have
determined that an unsafe condition exists and that replacement of
certain parts must be accomplished to ensure continued safety.
Therefore, no change has been made to this AD in this regard.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD as proposed in the supplemental NPRM.
Costs of Compliance
This AD affects about 97 airplanes of U.S. registry. The required
actions take about 10 work hours per airplane, at an average labor rate
of $80 per work hour. Required parts cost about $82 per airplane. Based
on these figures, the estimated cost of this AD 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 AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD 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, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2006-26-04 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14862. Docket No. FAA-2006-24440; Directorate
Identifier 2006-NM-058-AD.
Effective Date
(a) This AD becomes effective January 31, 2007.
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.
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.
Material Incorporated by Reference
(i) You must use EMBRAER Service Bulletin 145-53-0059, Revision
01, dated March 9, 2006, to perform the actions that are required by
this AD, unless the AD specifies otherwise. EMBRAER Service Bulletin
145-53-0059, Revision 01, dated March 9, 2006, contains the
following effective pages:
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Revision level
Page No. shown on page Date shown on page
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1, 2, 16...................... 01................ March 9, 2006.
3-15, 17...................... Original.......... July 1, 2005.
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The Director of the Federal Register approved the incorporation
by reference of this document in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Contact Empresa Brasileira de Aeronautica S.A.
(EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos Campos--SP,
Brazil, for a copy of this service information. You may review
copies at the Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Room PL-401, Nassif
Building, Washington, DC; on the Internet at https://dms.dot.gov; or
at the National Archives and
[[Page 77593]]
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.
Issued in Renton, Washington, on December 11, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-22041 Filed 12-26-06; 8:45 am]
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