[Federal Register Volume 71, Number 24 (Monday, February 6, 2006)]
[Rules and Regulations]
[Pages 5976-5979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-990]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-271-AD; Amendment 39-14470; AD 2006-03-06]
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 (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Empresa Brasileira de Aeronautica S.A. (EMBRAER) 
Model EMB-135 airplanes, and EMB-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes. This AD requires 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 AD also 
requires replacement of the seat locking pin on certain SICMA-brand 
seats. The actions specified by this AD are intended to prevent 
uncommanded movement of the pilot's or co-pilot's seat, which could 
interfere with the

[[Page 5977]]

operation of the airplane and consequent temporary loss of airplane 
control. This action is intended to address the identified unsafe 
condition.

DATES: Effective March 13, 2006.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 13, 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; or SICMA Aero 
Seat, 7 Rue Lucien Coupet, 3600 ISSOUDUN, France. 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, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; 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-135 airplanes, and EMB-145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes, was 
published as a supplemental notice of proposed rulemaking (NPRM) in the 
Federal Register on November 9, 2005 (70 FR 67935). That action 
proposed to require 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 action revised the applicability and also 
proposed to require replacing the seat locking pin on certain SICMA-
brand seats.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been received on the 
supplemental NPRM or on the determination of the cost to the public.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We revised the supplemental NPRM to clarify the appropriate 
procedure for notifying the principal inspector before using any 
approved AMOC on any airplane to which the AMOC applies.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD with the 
change described previously. We have determined that this change will 
neither increase the economic burden on any operator nor increase the 
scope of the AD.

Cost Impact

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                           Number of
                Action                     airplanes      Work hours      Parts cost        Total fleet cost
                                           affected
----------------------------------------------------------------------------------------------------------------
Inspection to determine seat and                   550               1              $0  $35,750, or $65 per
 serial numbers.                                                                         airplane
Inspection (Part I of EMBRAER Service              459               4               0  $119,340, or $260 per
 Bulletin 145-53-0027, Revision 03,                                                      airplane
 February 5, 2004).
Inspection and Alignment (Part III of              348               4               0  $90,480, or $260 per
 EMRAER SB145-53-0027, Revision 03,                                                      airplane
 February 5, 2004).
Locking Pin and Spring Replacement                 459               1             684  $343,791, or $749 per
 (SICMA Aero Seat SB 147-25-020, Issue                                                   airplane
 2, December 22, 2003).
----------------------------------------------------------------------------------------------------------------

    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 Docket at the location provided under the caption 
ADDRESSES.

[[Page 5978]]

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:

2006-03-06 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14470. 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 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 Parts 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 actions 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 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
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                               Part number
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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, Transport Airplane Directorate, FAA; 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; Change 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 Bulletin 147-25-020, dated November 17, 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.

[[Page 5979]]

Incorporation by Reference

    (h) Unless otherwise specified in this AD, the actions must be 
done in accordance with EMBRAER Service Bulletin 145-53-0027, 
Revision 03, dated February 5, 2004; and SICMA Aero Seat Service 
Bulletin 147-25-020, Issue 2, dated December 22, 2003; as 
applicable. (Pages 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, and 28 
of EMBRAER Service Bulletin 145-53-0027 specify an incomplete 
document date; the date on those pages should read ``05/Feb/2004.'') 
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; or SICMA Aero Seat, 7 Rue Lucien 
Coupet, 36100 ISSOUDUN, France. 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.

    Note 4: The subject of this AD is addressed in Brazilian 
airworthiness directive 2002-09-01R1, effective June 2, 2004.

Effective Date

    (i) This amendment becomes effective on March 13, 2006.

    Issued in Renton, Washington, on January 24, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-990 Filed 2-3-06; 8:45 am]
BILLING CODE 4910-13-P