[Federal Register Volume 71, Number 160 (Friday, August 18, 2006)]
[Rules and Regulations]
[Pages 47725-47727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13449]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24366; Directorate Identifier 2006-NM-040-AD; 
Amendment 39-14716; AD 2006-16-16]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ 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-135BJ airplanes. This AD requires inspecting 
for missing fire blocking material on the left- and right-hand 
partitions of the forward baggage compartment door; replacing the seal 
on both partitions; and performing corrective action if necessary. This 
AD results from a report indicating that certain airplanes were 
delivered with the fire blocking material missing and the seal 
improperly installed on the partitions of the forward baggage 
compartment door. We are issuing this AD to detect and correct such 
discrepancies on the forward baggage compartment partition, which, in 
the event of a fire in the baggage compartment, could result in smoke 
propagating into the main cabin.

DATES: This AD becomes effective September 22, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of September 22, 
2006.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket

[[Page 47726]]

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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (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 notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain EMBRAER Model 
EMB-135BJ airplanes. That NPRM was published in the Federal Register on 
April 11, 2006 (71 FR 18247). That NPRM proposed to require inspecting 
for missing fire blocking material on the left- and right-hand 
partitions of the forward baggage compartment door; replacing the seal 
on both partitions; and performing corrective action if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Add Revised Service Information to Applicability Section

    The manufacturer, EMBRAER, advises that the service bulletin 
specified in the NPRM has been revised. EMBRAER notes that EMBRAER 
Service Bulletin 145LEG-25-0060, Revision 01, dated March 3, 2006, 
extends the compliance time to coincide with the Brazilian 
airworthiness directive and contains minor changes. EMBRAER asks that 
we add the revised service bulletin to the applicability section.
    We agree with EMBRAER. We have reviewed Revision 01 of the service 
bulletin and note that it does not necessitate additional work. We have 
changed the applicability section of the AD to refer to Revision 01. We 
have also revised paragraph (f) of the AD to reflect the revised 
service bulletin. In addition, we have added a new paragraph (g) to 
this AD specifying that accomplishment of the actions specified in 
paragraph (f) of the AD in accordance with the original issue of the 
service bulletin is considered to be an acceptable method of 
compliance. Subsequent paragraphs of the AD have been re-identified 
accordingly.

Request To Change Terminology

    EMBRAER also asks that the statement of the unsafe condition 
specified in the NPRM be changed to the following: ``We are issuing 
this AD to detect and correct such discrepancies on the partitions of 
the forward baggage compartment partition, which, in the event of a 
fire in the baggage compartment, could result in smoke propagating into 
the main cabin.'' EMBRAER states that instead of the forward baggage 
compartment ``door,'' the subject area should be named the forward 
baggage compartment ``partition.''
    We agree with EMBRAER and have changed the terminology throughout 
the AD as follows: ``We are issuing this AD to detect and correct such 
discrepancies on the forward baggage compartment partition, which, in 
the event of a fire in the baggage compartment, could result in smoke 
propagating into the main cabin.''

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 with the changes described previously. 
These changes will neither increase the economic burden on any operator 
nor increase the scope of the AD.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD.

                                                 Estimated Costs
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                                                                                         Number of
                                   Work     Average                          Cost per      U.S.-
             Action                hours   labor rate         Parts          airplane    registered   Fleet cost
                                            per hour                                     airplanes
----------------------------------------------------------------------------------------------------------------
Inspection......................       1          $80  None..............          $80           23       $1,840
Seal Replacement................       7          $80  Minimal...........         $560           23      $12,880
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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 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

[[Page 47727]]

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

0
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):

2006-16-16 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14716. FAA-2006-24366; Directorate Identifier 2006-NM-
040-AD.

Effective Date

    (a) This AD becomes effective September 22, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ airplanes, 
certificated in any category; as identified in EMBRAER Service 
Bulletin 145LEG-25-0060, Revision 01, dated March 3, 2006.

Unsafe Condition

    (d) This AD results from a report indicating that certain 
airplanes were delivered with the fire blocking material missing and 
the seal improperly installed on the partitions of the forward 
baggage compartment door. We are issuing this AD to detect and 
correct such discrepancies on the forward baggage compartment 
partition, which, in the event of a fire in the baggage compartment, 
could result in smoke propagating into the main cabin.

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 and Corrective Actions

    (f) Within 24 months after the effective date of this AD: Do a 
general visual inspection for missing fire blocking material (an 
insulation blanket) on the left- and right-hand partitions of the 
forward baggage compartment door, replace the seal on both 
partitions with a new seal, and accomplish all applicable corrective 
actions, by doing all the actions specified in the Accomplishment 
Instructions of EMBRAER Service Bulletin 145LEG-25-0060, Revision 
01, dated March 3, 2006. All applicable corrective actions must be 
done before further flight.

    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.''

Acceptable for Compliance

    (g) Accomplishment of the actions required by paragraph (f) of 
this AD before the effective date of this AD in accordance with 
EMBRAER Service Bulletin 145LEG-25-0060, dated November 18, 2005, is 
acceptable for compliance with the requirements of that paragraph.

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 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

    (i) Brazilian airworthiness directive 2006-02-02, effective 
February 24, 2006, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) You must use EMBRAER Service Bulletin 145LEG-25-0060, 
Revision 01, dated March 3, 2006, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. 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 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/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on August 3, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,Aircraft Certification Service.
 [FR Doc. E6-13449 Filed 8-17-06; 8:45 am]
BILLING CODE 4910-13-P