[Federal Register Volume 71, Number 102 (Friday, May 26, 2006)]
[Proposed Rules]
[Pages 30343-30346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8121]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-19676; Directorate Identifier 2004-NM-138-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR 
Airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP 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-135 and -145 
series airplanes. The original NPRM would have required determining the 
torque values of the screws that attach the seat tracks to the 
airplane, and corrective action if necessary. The original NPRM 
resulted from a report of undertorqued screws. This action revises the 
original NPRM by referring to revised service information and expanding 
the applicability. We are proposing this supplemental NPRM to prevent 
improper torque of those screws, which in the case of a hard landing or 
a high deceleration impact condition could result in damage to the seat 
and possible subsequent injury to the passenger.

DATES: We must receive comments on this supplemental NPRM by June 20, 
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

[[Page 30344]]

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, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; 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-2005-19676; Directorate Identifier 2004-NM-138-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-135 and 
-145 series airplanes. The original NPRM was published in the Federal 
Register on November 24, 2004 (69 FR 68270). The original NPRM proposed 
to require determining the torque values of the screws that attach the 
seat tracks to the airplane, and corrective action if necessary.

Explanation of New Service Information

    Since we issued the proposed AD, EMBRAER has revised Service 
Bulletin 145-53-0049. The proposed AD cited the original service 
bulletin, dated February 16, 2004. Revision 03, dated August 10, 2005:
     Revises the effectivity.
     Provides corrected torque values.
     Reduces the number of screws to be inspected (for non-EMB-
145XR airplanes only) to the passenger seat attachment point screw and 
the three screws immediately before and after this point.
    EMBRAER has also revised Service Bulletin 145LEG-53-0015. The 
proposed AD cited the original service bulletin, dated February 16, 
2004. Revision 02, dated May 19, 2005, revises the effectivity and 
provides corrected torque values.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The Departmento de 
Aviacao Civil (DAC), which is the airworthiness authority for Brazil, 
mandated the service information and issued revised Brazilian 
airworthiness directive 2004-05-03R1, effective September 16, 2005, to 
ensure the continued airworthiness of these airplanes in Brazil.

Comments

    We have considered the following comments on the original NPRM.

Request To Clarify Required Torque Values

    The commenter, ExpressJet, Inc., notes a discrepancy in the torque 
values specified in the original version of Service Bulletin 145-53-
0049 and the aircraft maintenance manual (AMM II, at 53-01-06). The 
commenter notes that the torque values should be the same in the 
service bulletin and the AMM to ensure that the standards of the AD are 
maintained for post-modification airplanes.
    We agree. As explained previously, the correct torque values are 
provided in revised Service Bulletins 145-53-0049 and 145LEG-53-0015. 
We have confirmed with the manufacturer that it would not be possible 
to achieve the incorrect torque values specified in the original 
service bulletins. We have revised this supplemental NPRM to refer to 
the revised service bulletins for the required actions.

Request To Remove Requirement To Apply Torque Seal

    The same commenter requests that we remove the proposed requirement 
to apply the torque seal. The commenter notes that, during installation 
(and any subsequent removal), torque seal is applied to the face of the 
attachment screw and the track where the seat attachment point contacts 
the track. Because the seat has to slide in the track a little to 
position correctly, the commenter contends that any evidence of torque 
seal at the seat attachment point will be removed or otherwise 
obliterated. And if the torque seal can be so easily removed, the 
commenter suggests that applying it is unnecessary. ExpressJet reports 
that no torque seal has been found on the seat track fasteners of 25 
(newly affected) airplanes in its fleet.
    We agree. The service bulletins merely recommend the torque seal 
application. We have removed this requirement from paragraph (f) in 
this supplemental NPRM.

Request To Revise Compliance Time

    The same commenter requests that the torque check be done once 
during the C-check, but provides no justification for the request.
    We disagree with the request. We have determined that the 
compliance time, as proposed, represents the maximum interval of time 
allowable for the affected airplanes to continue to safely operate 
before the torque check is done. Since maintenance schedules vary among 
operators, there would be no assurance that the torque check would be 
done during that maximum interval. However, according to the provisions 
of paragraph (h) in this supplemental NPRM, we may approve requests to 
adjust the compliance time if the request includes data proving that a 
different compliance time would provide an acceptable level of safety.

[[Page 30345]]

Additional Changes To Original NPRM

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.
    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.
    After the original NPRM was issued, we reviewed the figures we have 
used over the past several years to calculate AD costs to operators. To 
account for various inflationary costs in the airline industry, we find 
it necessary to increase the labor rate used in these calculations from 
$65 per work hour to $80 per work hour. The cost impact information, 
below, reflects this increase in the specified hourly labor rate.

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

    The following table provides the estimated costs for U.S. operators 
to comply with this supplemental NPRM. This supplemental NPRM would 
affect about 539 airplanes of U.S. registry.

                                                 Estimated Costs
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                                                            Average
                Airplane(s)                   Work hours  labor rate/              Parts                Cost/
                                                              hour                                     airplane
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EMB-135 BJ.................................           24          $80  Minimal.....................       $1,920
Others.....................................           28           80  Minimal.....................        2,240
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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-
2005-19676; Directorate Identifier 2004-NM-138-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by June 20, 
2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ, -135ER, -135KE, 
-135KL, and -135LR airplanes; and EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes; certificated in any category; 
as listed in EMBRAER Service Bulletin 145LEG-53-0015, Revision 02, 
dated May 19, 2005, or 145-53-0049, Revision 03, dated August 10, 
2005.

Unsafe Condition

    (d) This AD was prompted by a report indicating that some screws 
that attach the passenger seat tracks were undertorqued. We are 
issuing this AD to prevent improper torque of those screws, which in 
the case of a hard landing or a high deceleration impact condition 
could result in damage to the seat and possible subsequent injury to 
the passenger.

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.

Inspection

    (f) Within 5,000 flight hours or 36 months after the effective 
date of this AD, whichever occurs first, determine the torque values 
of the applicable screws that attach the seat tracks to the 
airplane. Use the Accomplishment Instructions of EMBRAER Service 
Bulletin 145LEG-53-0015, Revision 02, dated May 19, 2005 (for Model 
EMB-135BJ airplanes), or Service Bulletin 145-53-0049, Revision 03, 
dated August 10, 2005 (for the remaining airplanes). For any screw 
that has a torque value outside the limits specified in the service 
bulletin: Before further flight, retorque the screw in accordance 
with the Accomplishment Instructions of the service bulletin. 
Although the service bulletins recommend applying torque seal to the 
heads of the screws, this AD does not require that action.

[[Page 30346]]

Credit for Prior Accomplishment

    (g) Accomplishment of actions specified in the applicable 
service bulletin listed in Table 1 of this AD is also acceptable for 
compliance with the corresponding requirements of this AD.

                                       Table 1.--Credit Service Bulletins
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            EMBRAER Service Bulletin                Revision                          Date
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145LEG-53-0015..................................           01  September 1, 2004.
145-53-0049.....................................           01  September 1, 2004.
                                                           02  November 26, 2004.
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Alternative Methods of Compliance (AMOCs)

    (h)(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 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.

Related Information

    (i) Brazilian airworthiness directive 2004-05-03R1, effective 
September 16, 2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on May 18, 2006.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-8121 Filed 5-25-06; 8:45 am]
BILLING CODE 4910-13-P