[Federal Register: August 8, 2006 (Volume 71, Number 152)]
[Proposed Rules]
[Page 44935-44937]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au06-18]
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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]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-145XR Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness
directive (AD) that applies to certain EMBRAER Model EMB-145XR
airplanes. The original NPRM would have required replacement of certain
segments of the passenger seat tracks with new, improved seat tracks.
The original NPRM resulted from instances where the shear plungers of
the passenger seat legs were not adequately fastened. This action
revises the original NPRM by requiring new service information. We are
proposing this supplemental NPRM to prevent inadequate fastening of the
seat leg shear plungers, which could result in failure of the passenger
seat tracks during emergency landing conditions and consequent injury
to passengers.
DATES: We must receive comments on this supplemental NPRM by September
5, 2006.
ADDRESSES: Use one of the following addresses to submit comments on
this supplemental NPRM.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service
information identified in this proposed AD.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this supplemental NPRM. Send your comments to an
address listed in the ADDRESSES section. Include the docket number
``Docket No. FAA-2006-24440; Directorate Identifier 2006-NM-058-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
supplemental NPRM. We will consider all comments received by the
closing date and may amend this supplemental NPRM in light of those
comments.
We will post all comments submitted, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this supplemental NPRM. Using the search function
of that Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level in the Nassif Building at the DOT
street address stated in ADDRESSES. Comments will be available in the
AD docket shortly after the Docket Management System receives them.
Discussion
We proposed to amend 14 CFR part 39 with a notice of proposed
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original
NPRM''). The original NPRM applies to certain EMBRAER Model EMB-145XR
airplanes. The original NPRM was published in the Federal Register on
April 13, 2006 (71 FR 19142). The original NPRM proposed to require
replacement of certain segments of the passenger seat tracks with new,
improved seat tracks.
Since the original NPRM was issued, the Departamento de Aviacao
Civil (DAC), which is the airworthiness authority for Brazil, has
issued Brazilian airworthiness directive 2006-01-01R1, effective May
23, 2006. (We referenced Brazilian airworthiness directive 2006-01-01,
effective February 2, 2006, as related information in the original
NPRM.) The DAC issued Brazilian airworthiness directive 2006-01-01R1 to
correct the airplane model designation and typographical error to a
certain part number (P/N). Therefore, we have revised paragraph (i) of
this supplemental NPRM to reference Brazilian airworthiness directive
2006-01-01R1 as related information. However, no change to the airplane
model designation in this supplemental NPRM is necessary, since we
differed from Brazilian airworthiness directive 2006-01-01, as
explained in the original NPRM.
In addition, EMBRAER has published Revision 01 of EMBRAER Service
Bulletin 145-53-0059, dated March 9, 2006, to correct the typographical
error to a P/N in Figure 4 of the original issue of the service
bulletin. (We referenced the original issue, dated July 1, 2005, in the
original NPRM as the appropriate source of service information.) The
procedures in Revision 01 of the service bulletin are essentially the
same as those in the original issue, except that Figure 4 of Revision
01 specifies removing P/N 145-53769-007 at fuselage location x=14,827.8
and
[[Page 44936]]
replacing it with P/N 145-38912-003. Therefore, we have revised
paragraphs (c) and (f) of this supplemental NPRM to reference Revision
01 of the service bulletin.
Comments
We have considered the following comments on the original NPRM.
Request to Reference Revision 01 of the Service Bulletin
EMBRAER requests that we revise paragraphs (c) and (f) of the NPRM
to reference Revision 01 of EMBRAER Service Bulletin 145-53-0059, dated
March 9, 2006. EMBRAER states that Revision 01 has been issued to
correct a certain part number.
We agree. As stated previously, we have revised this supplemental
NPRM to reference Revision 01 of the service bulletin.
Request To Reference New Brazilian Airworthiness Directive
EMBRAER states that the DAC has issued Brazilian airworthiness
directive 2006-01-01R1, effective May 23, 2006, to correct the airplane
applicability and the part number discussed previously. Therefore,
EMBRAER requests that we revise paragraph (h) of the NPRM to reference
Brazilian airworthiness directive 2006-01-01R1.
We agree. As stated previously we have revised paragraph (h) of
this supplemental NPRM to reference Brazilian airworthiness directive
2006-01-01R1. No change to the applicability of this supplemental NPRM
is necessary, since we differed from Brazilian airworthiness directive
2006-01-01, as explained in the original NPRM.
Request To Give Credit for the Original Issue of the Service Bulletin
EMBRAER states that actions accomplished before the effective date
of the AD in accordance with the original issue of EMBRAER Service
Bulletin 145-53-0059, dated July 1, 2005, are acceptable for compliance
with actions done in accordance with Revision 01. We infer EMBRAER
requests that we add a credit paragraph to this supplemental NPRM for
accomplishment of the original service bulletin.
We disagree. Since Figure 4 of the original service bulletin
incorrectly specifies removing P/N 145-53769-003 at fuselage location
x=14,827.8, this supplemental NPRM would require additional work (i.e.,
removing P/N 145-53769-007 at fuselage location x=14,827.8). Further,
EMBRAER has confirmed that although P/N 145-53769-003 does not exist at
fuselage location x=14,827.8, it does exist elsewhere on the airplane;
this could cause confusion in accomplishing the service bulletin.
Therefore, we have not revised this supplemental NPRM is this regard.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
Certain changes discussed above expand the scope of the original
NPRM; therefore, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for public comment on
this supplemental NPRM.
Costs of Compliance
This supplemental NPRM would affect about 97 airplanes of U.S.
registry. The proposed actions would take about 10 work hours per
airplane, at an average labor rate of $80 per work hour. Required parts
would cost about $82 per airplane. Based on these figures, the
estimated cost of this supplemental NPRM on U.S. operators is $85,554,
or $882 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this supplemental NPRM and placed it in the AD docket. See
the ADDRESSES section for a location to examine the regulatory
evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA-
2006-24440; Directorate Identifier 2006-NM-058-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by September
5, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-145XR airplanes,
certificated in any category; as identified in EMBRAER Service
Bulletin 145-53-0059, Revision 01, dated March 9, 2006.
Unsafe Condition
(d) This AD results from instances where the shear plungers of
the passenger seat legs were not adequately fastened. We are issuing
this AD to prevent inadequate fastening of the seat leg shear
plungers, which could result in failure of the passenger seat tracks
during emergency landing conditions and consequent injury to
passengers.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
[[Page 44937]]
Replacement of Passenger Seat Tracks
(f) Within 5,000 flight hours after the effective date of this
AD, replace segments of the internal and external passenger seat
tracks with new, improved seat tracks, by accomplishing all of the
actions specified in the Accomplishment Instructions of EMBRAER
Service Bulletin 145-53-0059, Revision 01, dated March 9, 2006.
Alternative Methods of Compliance (AMOCs)
(g)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(h) Brazilian airworthiness directive 2006-01-01R1, effective
May 23, 2006, also addresses the subject of this AD.
Issued in Renton, Washington, July 31, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-12832 Filed 8-7-06; 8:45 am]
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