[Federal Register: December 27, 2006 (Volume 71, Number 248)]
[Rules and Regulations]
[Page 77590-77593]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de06-6]
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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 http://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 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 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 http://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 http://www.archives.gov/
[fxsp0]federal--register/[fxsp0]code--of--federal--
[fxsp0]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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