[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Proposed Rules]
[Pages 44935-44937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12832]


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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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