[Federal Register Volume 71, Number 198 (Friday, October 13, 2006)]
[Rules and Regulations]
[Pages 60417-60419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16895]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-36-AD; Amendment 39-14788; AD 2006-21-04]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ and EMB-145XR Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) 
Model EMB-135BJ and Model EMB-145XR airplanes. This AD requires, for 
all airplanes, installation of an additional indication device to the 
clear-ice indication system. For certain airplanes, this AD requires 
replacing the existing clear-ice indication lamp with a new,

[[Page 60418]]

improved lamp. For certain other airplanes, this AD also requires 
modifying certain electrical connections to add an indication device to 
the clear-ice indication system, removing a certain placard, and re-
activating the clear-ice additional indicator lamp. The actions 
specified by this AD are intended to prevent undetected build-up of 
clear ice on the wing surfaces, which could lead to reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Effective November 17, 2006.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 17, 2006.

ADDRESSES: The service information referenced in this AD 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 Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 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 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Empresa Brasileira de 
Aeronautica S.A. (EMBRAER) Model EMB-135BJ and Model EMB-145XR 
airplanes was published as a supplemental notice of proposed rulemaking 
(NPRM) in the Federal Register on May 26, 2006 (71 FR 30335). That 
action proposed to require, for all airplanes, installation of an 
additional indication device to the clear-ice indication system. For 
certain airplanes, that action also proposed to require replacing the 
existing clear-ice indication lamp with a new, improved lamp. For 
certain other airplanes, that action also proposed to require modifying 
certain electrical connections to add an indication device to the 
clear-ice indication system, removing a certain placard, and re-
activating the clear-ice additional indicator lamp. That action also 
proposed to add airplanes to the applicability of an earlier 
supplemental NPRM.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Withdraw the Second Supplemental NPRM

    ExpressJet requests that we withdraw the second supplemental NPRM. 
ExpressJet states that it is the only U.S. operator of these airplanes, 
and that it has accomplished all the actions specified in the service 
bulletins. ExpressJet also explains that any future airplanes of this 
type will be equipped in production, so there is no reason to include 
this type of airplane in the final rule.
    We do not agree with ExpressJet's request to withdraw the second 
supplemental NPRM. EMBRAER has advised us that not all of the affected 
airplanes worldwide have been modified; therefore, it is possible that 
an unmodified airplane could be imported to the U.S. in the future. 
Even if the current U.S.-registered fleet is in compliance with all of 
the proposed requirements, issuing the AD will ensure that the imported 
airplane is modified before it is permitted to operate in the U.S. We 
have not changed the AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comment received, and determined that air safety and the public 
interest require adopting the AD as proposed.

Cost Impact

    The FAA estimates that about 49 airplanes of U.S. registry are 
affected by this AD. The average labor rate is $80 per work hour.
    For 41 Model EMB-145XR airplanes, it will take 16 work hours per 
airplane to accomplish the actions. Required parts cost between $242 
and $817 per airplane. Based on these figures, the cost impact of this 
AD on U.S. operators of Model EMB-145XR airplanes is estimated to be 
between $62,402 and $85,977, or between $1,522 and $2,097 per airplane.
    For 8 Model EMB-135BJ airplanes, it will take 16 work hours per 
airplane to accomplish the actions. Required parts will cost between 
$240 and $820 per airplane. Based on these figures, the cost impact of 
this AD on U.S. operators of Model EMB-135BJ airplanes is estimated to 
be between $12,160 and $16,800, or between $1,520 and $2,100 per 
airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the 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 adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules

[[Page 60419]]

Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2006-21-04 Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-14788. Docket 2004-NM-36-AD.

    Applicability: Model EMB-145XR airplanes, as listed in EMBRAER 
Service Bulletin 145-30-0035, Revision 03, dated March 8, 2005; and 
Model EMB-135BJ airplanes, as listed in EMBRAER Service Bulletin 
145LEG-30-0002, Revision 01, dated January 4, 2005; certificated in 
any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent undetected build-up of clear ice on the wing 
surfaces, which could lead to reduced controllability of the 
airplane, accomplish the following:

Modification of Clear-Ice Indication System

    (a) For Model EMB-145XR airplanes: Within 24 months or 5,000 
flight hours after the effective date of this AD, whichever comes 
first, perform the actions specified in paragraphs (a)(1) and (a)(2) 
of this AD, as applicable, in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-30-0035, Revision 03, 
dated March 8, 2005.
    (1) Install complete electrical connections and provisions to 
add an additional indication device to the clear-ice indication 
system, as specified in Part I of the Accomplishment Instructions of 
the service bulletin.
    (2) Replace the existing clear-ice indication lamp with a new 
lamp having a new part number, as specified in Part II of the 
Accomplishment Instructions of the service bulletin.
    (b) For Model EMB-135BJ airplanes: Within 24 months or 5,000 
flight hours after the effective date of this AD, whichever comes 
first, perform the actions in paragraphs (b)(1), (b)(2), (b)(3), and 
(b)(4) of this AD, as applicable, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-30-
0002, Revision 01, dated January 4, 2005.
    (1) Install complete electrical connections and provisions to 
add an additional indication device to the clear-ice indication 
system, as specified in Part I of the Accomplishment Instructions of 
the service bulletin.
    (2) Modify the electrical connections of factory-provisioned 
airplanes to add an additional indication device to the clear-ice 
indication system, as specified in Part II of the Accomplishment 
Instructions of the service bulletin.
    (3) Remove the ``Clear-Ice Inoperative'' placard and reactivate 
the clear-ice additional indicator lamp, as specified in Part III of 
the Accomplishment Instructions of the service bulletin.
    (4) Replace the existing clear-ice indicator lamp with a new, 
improved lamp having a new part number, as specified in Part IV or V 
of the Accomplishment Instructions of the service bulletin.

Actions Accomplished Per Previous Issues of Service Bulletins

    (c) Actions accomplished before the effective date of this AD in 
accordance with EMBRAER Service Bulletin 145-30-0035, Revision 02, 
dated January 6, 2005, are considered acceptable for compliance with 
the corresponding actions specified in this AD.

Alternative Methods of Compliance

    (d)(1) In accordance with 14 CFR 39.19, the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
is authorized to approve alternative methods of compliance for this 
AD.
    (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.

    Note 1: The subject of this AD is addressed in Brazilian 
airworthiness directive 2004-01-01, effective January 27, 2004.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions must be 
done in accordance with EMBRAER Service Bulletin 145-30-0035, 
Revision 03, dated March 8, 2005; or EMBRAER Service Bulletin 
145LEG-30-0002, Revision 01, dated January 4, 2005; as applicable. 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. To get copies of this service information, contact Empresa 
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, 
Sao Jose dos Campos--SP, Brazil. To inspect copies of this service 
information, go to the FAA, Transport Airplane Directorate, 1601 
Lind Avenue, SW., Renton, Washington; or to 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.

Effective Date

    (f) This amendment becomes effective on November 17, 2006.

    Issued in Renton, Washington, on October 4, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-16895 Filed 10-12-06; 8:45 am]
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