[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Proposed Rules]
[Pages 67935-67939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22311]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-271-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 Airplanes and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP Airplanes

AGENCY: Federal Aviation Administration, Department of Transportation 
(DOT).

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Empresa Brasileira de Aeronautica 
S.A. (EMBRAER) Model EMB-135 and EMB-145 series airplanes, that would 
have required inspecting the pilot's and co-pilot's seat tracks for 
proper locking of the seats, and adjusting or replacing the seat 
tracks, if necessary. This new action revises the proposed rule by 
revising the applicability statement, and requiring replacement of the 
seat locking pin on certain SICMA-brand seats. The actions specified by 
this new proposed AD are intended to prevent uncommanded movement of 
the pilot's or co-pilot's seat, which could interfere with the 
operation of the airplane and consequent temporary loss of airplane 
control. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by December 5, 2005.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-271-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2003-NM-271-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule 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 FAA, Transport Airplane Directorate, 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 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such

[[Page 67936]]

written data, views, or arguments as they may desire. Communications 
shall identify the Rules Docket number and be submitted in triplicate 
to the address specified above. All communications received on or 
before the closing date for comments, specified above, will be 
considered before taking action on the proposed rule. The proposals 
contained in this action may be changed in light of the comments 
received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2003-NM-271-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2003-NM-271-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 
and EMB-145 series airplanes, was published as a notice of proposed 
rulemaking (NPRM) in the Federal Register on June 18, 2004 (69 FR 
34091). That NPRM would have required inspecting the pilot's and co-
pilot's seat tracks for proper locking of the seats, and adjusting or 
replacing the seat tracks, if necessary. That NPRM was prompted by a 
number of cases reported where flight crews had difficulty fitting the 
lock pin into the track of their seats during seat adjustments due to 
damage in the seat track locking hole. That condition, if not 
corrected, could result in uncommanded movement of the pilot's or co-
pilot's seat, which could result in interference with the operation of 
the airplane and consequent temporary loss of airplane control.

Actions Since Issuance of Previous Proposal

    Since the issuance of the original NPRM, the Departmento de Aviacao 
Civil (DAC) has issued a revision of Brazilian airworthiness directive 
2002-09-01. That revision (2002-09-01R1, effective June 2, 2004) added 
a modification of certain SICMA seats installed on Model EMB-135 
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes. The modification replaces certain seat locking 
pins with new, improved seat locking pins.
    We have also learned that the seat locking pin was designed with an 
incorrect shape. The use of the incorrectly shaped locking pin can 
cause damage to the seat track locking holes, and is the main factor 
that results in the uncommanded movement.

Comments on Original NPRM

    We provided the public the opportunity to participate in the 
development of this proposed AD. We have considered the comments that 
have been submitted on the original NPRM. Due consideration has been 
given to the comments received in response to the NPRM.

Request To Allow Previous Revisions of Service Bulletins

    One commenter requests that prior revisions levels of EMBRAER 
Service Bulletin 145-53-0027 be included in the proposed AD. The 
commenter has accomplished portions of inspections in accordance with 
service bulletin 145-53-0027, dated May 31, 2001; and Change 01, dated 
March 12, 2002.
    Another commenter, the manufacturer, suggests that we change the 
proposed AD to include a paragraph allowing actions performed in 
accordance with previous issues of SICMA Service Bulletin 147-25-020, 
Issue 2, dated December 22, 2003.
    We agree with the commenters' requests. We have revised paragraphs 
(e) and (f) of this supplemental NPRM (paragraph (e) of the original 
NPRM) to allow previous actions that were performed before the 
effective date of the proposed AD in accordance with earlier revisions 
of the service information.

Request To Shorten the Compliance Time

    One commenter suggests that the 500-flight-hour inspection interval 
of the seat tracks is too long. The commenter feels that further 
degradation of the seat tracks within that inspection interval may 
result in a failure prior to the next inspection. Also, due to the 
severity of the loss of control in the event of an uncommanded movement 
of the pilot's seat, the commenter suggests that a ``much shorter 
inspection interval be required.''
    We do not agree with the commenter's request to shorten the 
compliance time. In developing an appropriate compliance time, we 
considered the safety implications, parts availability, and normal 
maintenance schedules for timely accomplishment of the modifications. 
Further, we arrived at the proposed compliance time with DAC 
concurrence. In addition, we added paragraph (b) to the supplemental 
NPRM to require replacement of existing seat locking pins with new, 
improved seat locking pins, which addresses the major cause of the 
degradation of the seat tracks.

Request To Revise Unsafe Condition

    One commenter, the airplane manufacturer, states that the unsafe 
condition statement does not fully address the cause of the misaligned 
and excessively worn seat tracks. The condition of the seat tracks 
contribute to uncommanded seat movements, but the main reason for the 
condition of the seat tracks is because the locking pin was designed 
with the wrong shape. The commenter also asserts that the issuance of 
the SICMA Service Bulletin 147-25-020, Issue 2, dated December 22, 
2003, which addresses the locking pin, is the reason why the DAC issued 
the revised Brazilian airworthiness directive 2002-09-01R1, effective 
June 2, 2004. We infer that the commenter is requesting that the unsafe 
condition statement be revised to include the origins of the damage to 
the seat tracks.
    We agree with the commenter that further information on the origins 
of the unsafe condition should be included in the supplemental NPRM. We 
have added a statement addressing the origin of the seat track damage 
under ``Actions Since Issuance of Previous Proposal'' above to 
supplement the Discussion section of the original NPRM.

[[Page 67937]]

Request To Revise Applicability Statement of the Proposed AD

    The commenter requests that the applicability statement of the 
original NPRM be revised to apply to certain SICMA seats having part 
number (P/Ns) 1471610-00 through 1471610-03 inclusive, and P/N 1471611-
00 through 1471611-03 inclusive, ``installed on Model EMB-135 and -145 
series airplanes.''
    We agree with the commenter that the applicability statement needs 
to be revised. However, while the faulty locking pin was installed only 
on those seats with P/Ns stated above, the seats are rotatable and 
could be installed on any Model EMB-135 airplanes and EMB-145, -145ER, 
-145MR, -145LR, -145XR, -145MP, and -145EP airplanes. We find that the 
suggested applicability could inadvertently exclude airplanes that may 
have seat track damage from a previous installation of an affected 
SICMA seat part number, but do not have an affected SICMA seat 
installed as of the effective date of the proposed AD.
    We have concluded that the applicability statement must affect all 
Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes. This applicability matches the 
applicability of the revised Brazilian airworthiness directive. 
Affecting all Model EMB-135 airplanes and EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes also allows us to prohibit 
installation of a SICMA seat with a faulty locking pin on any Model 
EMB-135 airplanes or Model EMB-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes (unless modified as required) in paragraph 
(c) of this supplemental NPRM, and require certain airplanes to be 
inspected for any seat track damage.

Request To Require Seat Track Inspections

    The commenter also requests that we revise the original NPRM to 
require, for airplanes with serial number (S/N) 145002 through 145560, 
an inspection of the seat tracks in accordance with the EMBRAER Service 
Bulletin 145-53-0027, Revision 03, dated February 5, 2004, as a 
concurrent service bulletin action to replace the seat locking pin on 
certain seats with affected P/Ns.
    We agree with specifying the airplane serial numbers, as called out 
by the commenter, in paragraph (a)(3) of the supplemental NPRM. The 
revision would simplify the paragraph without excluding airplanes that 
may have a damaged seat track. This difference has been coordinated 
with the DAC.

Request To Require Seat Locking Pin Replacement

    In addition, the commenter requests that we revise the original 
NPRM to require replacement of seat locking pins on all SICMA seats 
having part number (P/N) 1471610-00 through 1471610-03 inclusive, and 
P/N 1471611-00 through 1471611-03 inclusive, installed on Model EMB-135 
airplanes and EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes.
    We agree with the commenter that the faulty seat locking pins need 
to be replaced with new pins. We have added paragraph (b) to the 
supplemental NPRM.

Conclusion

    Since these changes expand the scope of the originally proposed 
rule, the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

Explanation of Change to Applicability

    We have revised the applicability of the original NPRM to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

Cost Impact

    The FAA estimates that 550 airplanes of U.S. registry would be 
affected by this supplemental NPRM. The following table shows the 
estimated cost impact for airplanes affected by this supplemental NPRM. 
The average labor rate is $65 per work hour.

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                                                Number of
                   Action                       airplanes      Work hours      Parts cost                             Total cost
                                                affected
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Inspection to determine seat part and                   550               1          (none)  $35,750, or $65 per airplane.
 serial numbers.
Inspection (Part I of EMBRAER SB 145-53-                459               4          (none)  $119,340, or $260 per airplane.
 0027, Revision 03, February 5, 2004).
Inspection and Alignment (Part III of                   348               4          (none)  $90,480, or $260 per airplane.
 EMRAER SB145-53-0027, Revision 03,
 February 5, 2004).
Locking Pin and Spring Replacement (SICMA               459               1            $684  $343,791, or $749 per airplane.
 Aero Seat SB 147-25-020, Issue 2, December
 22, 2003).
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    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed 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 proposed herein 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. Therefore, it 
is determined that this proposal

[[Page 67938]]

would not have federalism implications under Executive Order 13132.
    For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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.


Sec.  39.13  [Amended]

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

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 2003-NM-
271-AD.
    Applicability: All Model EMB-135BJ, -135ER, -135KE, -135KL, and 
-135LR airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145XR, 
-145MP, and -145EP airplanes, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent uncommanded movement of the pilot's or copilot's 
seat, which could interfere with the operation of the airplane and 
consequent temporary loss of airplane control, accomplish the 
following:

Initial Inspection and Corrective Action

    (a) Within 500 flight hours after the effective date of this AD, 
do the actions specified in paragraphs (a)(1), (a)(2), and (a)(3), 
as applicable.
    (1) For all airplanes: Do an inspection of the pilot's and co-
pilot's seats for part numbers (P/N) and serial numbers (S/N). A 
review of airplane maintenance records is acceptable in lieu of this 
inspection if the P/N and S/N of the seats can be conclusively 
determined from that review.
    (i) If any seat is found to have P/N 1471610-00 or 1471611-00, 
and the S/N is 000 through 324 inclusive, before further flight, do 
general visual and detailed inspection of the seat tracks for proper 
locking of the seats, and do all applicable related investigative 
actions and corrective actions, in accordance with Parts I and II, 
as applicable, of the Accomplishment Instructions of the EMBRAER 
Service Bulletin 145-53-0027, Revision 03, dated February 5, 2004.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''


    Note 2: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''


    Note 3: EMBRAER Service Bulletin 145-53-0027, Revision 03, dated 
February 5, 2004, refers to EMBRAER Model EMB-145 Structural Repair 
Manual, Chapter 53-12-11, dated July 18, 2001, as an additional 
source of information on the limits of acceptable wear.

    (ii) If seats are found not to have P/N 1471610-00 or 1471611-
00, and a S/N that is up to and including 324 inclusive, no further 
action is required by this paragraph.
    (2) For airplanes having S/N 145004 through 145290 inclusive, do 
the actions specified in paragraph (a)(2)(i) or (a)(2)(ii) of this 
AD, as applicable.
    (i) For airplanes with a seat track having P/N 145-33669-001: Do 
general visual and detailed inspections of the seat track(s) for 
proper locking of the seat and excessive wear, and do any applicable 
corrective action, in accordance with Part I and II, as applicable, 
of the Accomplishment Instructions of EMBRAER Service Bulletin 145-
53-0027, Revision 03, dated February 5, 2004. Replace seat tracks 
that are found to have excessive wear within 50 flight hours after 
the inspection with a new seat track having P/N 145-33669-003 or 
145-33669-601. Do any other applicable corrective action before 
further flight. Repeat the general visual and detailed inspections 
thereafter at intervals not to exceed 500 flight hours until the 
seat track is replaced by a new seat track having P/N 145-33669-003 
or 145-33669-601.
    (ii) For airplanes without a seat track having P/N 145-33669-
001, no further action is required by this paragraph.
    (3) For airplanes having S/N 145002 through 145560 inclusive: If 
any seat is found during the inspection required by paragraph (a)(1) 
of this AD that does not have a P/N and S/N specified in paragraph 
(a)(1)(i) of this AD, within 500 flight hours after the effective 
date of this AD, do a general visual and detailed inspection of the 
pilot's and co-pilot's seats for proper locking of the seats, and do 
all applicable related investigative and corrective action in 
accordance with Part III of the Accomplishment Instructions of 
EMBRAER Service Bulletin 145-53-0027, Revision 03, dated February 5, 
2004, except as provided by paragraph (d) of this AD. Do any 
corrective actions before further flight.

Replacement

    (b) For airplanes with a SICMA seat(s) bearing a part number (P/
N) listed in Table 1 of this AD, within 1,000 flight hours after the 
effective date of this AD, replace the seat locking pin with a new, 
improved seat locking pin in accordance with the Accomplishment 
Instructions of SICMA Aero Seat Service Bulletin 147-25-020, Issue 
2, dated December 22, 2003. For airplanes without any SICMA seat 
bearing a P/N listed in Table 1 of this AD, no further action is 
required by this paragraph.

                        Table 1.--SICMA Seat P/Ns
------------------------------------------------------------------------
                               Part Number
-------------------------------------------------------------------------
1471610-00
1471610-01
1471610-02
1471610-03
1471611-00
1471611-01
1471611-02
1471611-03
------------------------------------------------------------------------

Parts Installation

    (c) As of the effective date of this AD, no SICMA seat bearing a 
P/N listed in Table 1 of this AD may be installed on any airplane 
unless the seat locking pin has been replaced in accordance with 
paragraph (b) of this AD.

Certain Repairs

    (d) Where the EMBRAER service bulletin recommends contacting 
EMBRAER for appropriate action: Before further flight, repair per a 
method approved by either the Manager, International Branch, ANM-
116, FAA, Transport Airplane Directorate; or the Departamento de 
Aviacao Civil (or its delegated agent).

Actions Accomplished Per Previous Issue of Service Bulletin

    (e) Accomplishment of the actions specified in EMBRAER Service 
Bulletin 145-53-0027, dated May 31, 2001; Revision 01, dated March 
12, 2002; or Revision 02, dated January 24, 2003; before the 
effective date of this AD, is considered acceptable for compliance 
with the corresponding requirements of paragraph (a) of this AD.
    (f) Accomplishment of the actions specified in SICMA Aero Seat 
Service

[[Page 67939]]

Bulletin 147-25-020, dated November 11, 2003; or Issue 1, dated 
December 3, 2003; before the effective date of this AD, is 
considered acceptable for compliance with the requirements of 
paragraph (b) of this AD.

Alternative Methods of Compliance

    (g)(1) In accordance with 14 CFR 39.19, the Manager, 
International Branch, ANM-116, FAA, is authorized to approve 
alternative methods of compliance (AMOCs) for this AD.
    (2) Before using any AMOC approved in accordance with 14 CFR 
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 4: The subject of this AD is addressed in Brazilian 
airworthiness directive 2002-09-01R1, dated June 2, 2004.


    Issued in Renton, Washington, on October 25, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-22311 Filed 11-8-05; 8:45 am]
BILLING CODE 4910-13-U