Federal Register / Vol. 71, No. 102 / Friday, May 26, 2006 / Proposed Rules 30331 

procedures set forth in paragraph (d) of 

this section; a Pilot 2 participant must 

increase the amount of its LLRF, and 

may reduce the amount of its LLRF, as 

appropriate in order to adjust its LLRF 

to accord with the most recent Pilot 2 

LLRF Certification. 

(g) Recontribution requirements after 

Pilot 2 participation. When a PCLP CDC 

does not participate in Pilot 2 in a 

calendar quarter following Pilot 2 

participation, it must adjust the amount 

of its LLRF to equal 1 percent of the sum 

of outstanding balances of its PCLP 

Debentures either within 45 days after 

its Pilot 2 participation or in accordance 

with a recontribution schedule 

submitted by the PCLP CDC and 

approved by SBA. A recontribution 

schedule must be submitted to SBA in 

writing within 30 days after the end of 

a PCLP CDC’s Pilot 2 participation and 

contain documentation necessary to 

show that the schedule would 

sufficiently cover its Exposure. SBA 

may disapprove of a recontribution 

schedule if, in SBA’s judgment, the 

schedule would not cover the PCLP 

CDC’s Exposure. In that event, SBA will 

revise the recontribution schedule as 

SBA determines is necessary to cover 

the PCLP CDC’s Exposure (SBAdetermined recontribution schedule). 

SBA may also require the PCLP CDC to 

follow an SBA-determined 

recontribution schedule if the PCLP 

CDC does not submit one within the 30- 

day time frame. An SBA-determined 

recontribution schedule will be a final 

agency determination. 

(h) Failure by participant to meet Pilot 

2 requirements. SBA shall have the 

authority to remove a Pilot 2 participant 

from Pilot 2 if the participant fails to 

meet one or more Pilot 2 requirements 

stated in § 120.848. In that event, SBA 

may, among other corrective actions it 

deems necessary to cause the PCLP 

CDC’s LLRF to cover the PCLP CDC’s 

Exposure adequately, direct a Pilot 2 

participant to follow an SBAdetermined recontribution schedule for 

its LLRF. 

(1) Bureau of PCLP Oversight. (i) 

Establishment. There is hereby 

established in the Small Business 

Administration a bureau to be known as 

the Bureau of PCLP Oversight to carry 

out such functions as the Administrator 

may from time to time designate or 

delegate to the Bureau of PCLP 

Oversight (including those described in 

paragraph (h)(1)(ii) of this section). 

(ii) Pilot 2. The Bureau may review 

the Pilot 2 participant’s process for 

analyzing the risk of loss associated 

with its portfolio of PCLP loans or for 

grading each PCLP loan made by the 

pilot 2 participant and make a 

determination as to whether the process 

is consistent with ALLL Methodologies 

and Documentation and in accord with 

GAAP, AICPA, SBA Office of Lender 

Oversight and FFIEC guidance/ 

standards. A negative determination 

may result in SBA finding the Pilot 2 

participant ineligible to participate in 

Pilot 2 under § 120.848(b). It may also 

serve as a basis for program removal 

under § 120.848(h). 

(2) [Reserved]. 

Dated: February 3, 2006. 

Hector V. Barreto, 

Administrator. 

[FR Doc. E6–8039 Filed 5–25–06; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–12–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–300, –400, –500, –600, –700, 

–700C, –800, and –900, and 747–400 

Series Airplanes; and Model 757, 767, 

and 777 Airplanes 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Supplemental notice of 

proposed rulemaking; reopening of 

comment period. 

SUMMARY: This document revises an 

earlier proposed airworthiness directive 

(AD), applicable to certain Boeing 

Model 737–300, –400, –500, –600, –700, 

–700C, –800, and –900, and 747–400 

series airplanes; and Model 757, 767, 

and 777 airplanes. The original NPRM 

would have required modifying the 

static inverter by relocating resistor 

R170 of the static inverter bridge 

assembly. This new action revises the 

original NPRM by adding a new 

requirement for modifying the static 

inverter by replacing resistor R170 with 

a new resistor and relocating the new 

resistor. The actions proposed by this 

supplemental NPRM are intended to 

prevent a standby static inverter from 

overheating, which could result in 

smoke in the flight deck and cabin and 

loss of the electrical standby power 

system. This action is intended to 

address the identified unsafe condition. 

DATES: Comments must be received by 

June 20, 2006. 

ADDRESSES: Submit comments in 

triplicate to the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, ANM–114, 

Attention: Rules Docket No. 2002–NM–

12–AD, 1601 Lind Avenue, SW., 

Renton, Washington 98055–4056. 

Comments may be inspected at this 

location between 9 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. Comments may be submitted 

via fax to (425) 227–1232. Comments 

may also be sent via the Internet using 

the following address: 9-anmnprmcomment@faa.gov. Comments sent 

via fax or the Internet must contain 

‘‘Docket No. 2002–NM–12–AD’’ in the 

subject line and need not be submitted 

in triplicate. Comments sent via the 

Internet as attached electronic files must 

be formatted in Microsoft Word 97 or 

2000 or ASCII text. 

The service information referenced in 

the proposed rule may be obtained from 

Boeing Commercial Airplane Group, 

P.O. Box 3707, Seattle, Washington 

98124–2207. This information may be 

examined at the FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington. 

FOR FURTHER INFORMATION CONTACT: 

Binh V. Tran, Aerospace Engineer, 

Systems and Equipment Branch, ANM–

130S, FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6485; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

participate in the making of the 

proposed rule by submitting such 

written data, views, or arguments as 

they may desire. Communications shall 

identify the Rules Docket number and 

be submitted in triplicate to the address 

specified above. All communications 

received on or before the closing date 

for comments, specified above, will be 

considered before taking action on the 

proposed rule. The proposals contained 

in this action may be changed in light 

of the comments received. 

Submit comments using the following 

format: 

• Organize comments issue-by-issue. 

For example, discuss a request to 

change the compliance time and a 

request to change the service bulletin 

reference as two separate issues. 

• For each issue, state what specific 

change to the proposed AD is being 

requested. 

• Include justification (e.g., reasons or 

data) for each request. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the proposed rule. All comments 

submitted will be available, both before 


cprice-sewell on PROD1PC66 with PROPOSALS
30332 Federal Register / Vol. 71, No. 102 / Friday, May 26, 2006 / Proposed Rules 

and after the closing date for comments, 

in the Rules Docket for examination by 

interested persons. A report 

summarizing each FAA-public contact 

concerned with the substance of this 

proposal will be filed in the Rules 

Docket. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this action 

must submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket Number 2002–NM–12–AD.’’ The 

postcard will be date stamped and 

returned to the commenter. 

Availability of NPRMs 

Any person may obtain a copy of this 

NPRM by submitting a request to the 

FAA, Transport Airplane Directorate, 

ANM–114, Attention: Rules Docket No. 

2002–NM–12–AD, 1601 Lind Avenue, 

SW., Renton, Washington 98055–4056. 

Discussion 

A proposal to amend part 39 of the 

Federal Aviation Regulations (14 CFR 

part 39) with a notice of proposed 

rulemaking (NPRM) to add an AD (the 

‘‘original NPRM’’), applicable to certain 

Boeing Model 737–300, –400, –500, 

–600, –700, –700C, –800, and –900; 

747–400; 757; 767; and 777 series 

airplanes. The original NPRM was 

published in the Federal Register on 

May 17, 2002 (67 FR 35057). The 

original NPRM would have required 

modifying the static inverter by 

relocating resistor R170 of the static 

inverter bridge assembly. The original 

NPRM was prompted by reports that 

static inverters had overheated on 

several Boeing airplanes. That 

condition, if not corrected, could result 

in smoke in the flight deck and cabin 

and loss of the electrical standby power 

system. 

Actions Since Issuance of Previous 

Proposal 

Since the issuance of the original 

NPRM, recent in-service experience has 

shown that simply relocating the carbon 

composition-style resistor, which was 

installed in production until late 1999, 

did not prevent the overheat condition. 

Further evaluation of the carbon resistor 

has shown a failure mode that can cause 

the resistor to ignite, involving adjacent 

capacitors as well. 

Explanation of New Service 

Information 

Boeing has released the following 

service bulletins: 

Action Boeing service bulletin/revision level/date Airplane model/series 

Modification ................ 737–24–1165, Revision 1, dated October 20, 2005 .....................................................

737–24A1166, Revision 1, dated October 20, 2005 ....................................................

737–600, –700, –700C, –800, 

–900. 

737–300, –400, –500. 

Modification ................ 747–24–2254, dated July 21, 2005 .............................................................................. 747–400, –400D, –400F. 

Modification ................ 757–24–0110, dated April 28, 2005 .............................................................................

757–24–0111, dated April 28, 2005 .............................................................................

757–200, –200CB, –200PF. 

757–300. 

Modification ................ 767–24–0160, dated June 30, 2005 .............................................................................

767–24–0161, dated June 30, 2005 .............................................................................

767–200, –300, –300F. 

767–400ER. 

Modification ................ 777–24–0095, dated June 30, 2005 ............................................................................. 777–200, –300, –300ER. 

The modification includes inspecting 

to verify whether the part number of the 

affected static inverter is identified in 

the applicable service bulletin, 

removing any affected resistor R170 

from the logic control card assembly 

and replacing it with a new resistor, and 

relocating the new resistor to the solder 

side of the printed circuit board. 

The service bulletins refer to Avionic 

Instruments Inc. Service Bulletin 1–

002–0102–1000–24–28, Revision A, 

dated June 22, 2005, as an additional 

source of service information for 

modifying the static inverter. The 

modification includes removing resistor 

R170 from the logic control card 

assembly, replacing it with a new 

resistor and relocating the new resistor 

to the solder side of the printed circuit 

board, and installing a Nomex pad on 

the opposing bracket support plate to 

avoid contact between the resistor body 

and the support bracket. 

Comments on Original NPRM 

Due consideration has been given to 

the comments received in response to 

the original NPRM. 

Request To Change Static Inverter Part 

Number (P/N) Instead of Mod Letter 

Condor Airlines, British Airways 

(BA), and the Air Transport Association 

(ATA), request that the static inverter’s 

p/n instead of the mod letter be 

changed. They indicate that the 

inventory control systems track parts 

only by part numbers. 

We acknowledge and agree with the 

comments provided. The Avionic 

Instruments Inc. Service Bulletin 1–

002–0102–1000–24–24 (specified in the 

original NPRM) has been superseded by 

Service Bulletin 1–002–0102–1000–24–

28, Revision A, to incorporate the part 

number changes as stated above. We 

have made no change to the 

supplemental NPRM in this regard. 

Request for Clarification of Table 1 

Condor Airlines, BA, and the ATA 

also request clarification of which 

listing is correct: Table 1 of the NPRM 

or the Boeing service letters. They point 

out that Table 1 of the NPRM is different 

from the parts listing contained in the 

Boeing service letter. 

We agree that Table 1 of the original 

NPRM, as published, is misleading. 

Boeing service letters have been 

superseded by the Boeing service 

bulletins identified in the above section 

titled ‘‘Explanation of New Service 

Information.’’ This supplemental NPRM 

is now based on those service bulletins. 

Hence, Table 1 of the original NPRM has 

been revised in this supplemental 

NPRM. 

Request for Component AD 

Aloha Airlines states that the original 

NPRM does not specify serial numbers, 

and this should be a component AD. 

Aloha Airlines did not provide any 

justification for the request. 

We disagree because this 

supplemental NPRM is based on the 

Boeing service bulletins and the Avionic 

Instruments Inc. service bulletin 

specified in the ‘‘Explanation of 

Relevant Service Information’’ section. 

Therefore, we have chosen an airplanespecific AD rather than a component AD 

as the appropriate method to correct the 

problem. We have made no change to 

the supplemental NPRM in this regard. 

Request To Withdraw AD or Extend 

Compliance Time 

Northwest Airlines (NWA) requests 

that the original NPRM be withdrawn, 

or at a minimum, that the compliance 

time be extended to 4 years. NWA states 

that the root cause of the resistor’s 

overheat condition may not be 


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Federal Register / Vol. 71, No. 102 / Friday, May 26, 2006 / Proposed Rules 30333 

accurately addressed. NWA also states 

that the manufacturer was concerned 

that more recent evidence indicates that 

a liquid substance may have leaked onto 

the resistor and contributed to the R170 

resistor overheating condition. NWA 

requests that the overheating condition 

of R170 resistor be confirmed to 

determine if the cause of the excessive 

overheat condition is due to a liquid 

spill/leak. 

Southwest Airlines (SWA), BA, the 

ATA, on behalf of its member, American 

Airlines (AA), and Boeing also request 

that the compliance time be extended 

from 18 months to a range between 24 

and 48 months. Boeing requests 42 

months. The commenters indicate that 

this is necessary due to the 

manufacturer’s capacity and the volume 

of components requiring modification. 

We partially agree. We disagree that 

the original NPRM should be withdrawn 

because we have received no 

information or evidence to indicate that 

a liquid substance may have leaked onto 

the R170 resistor and contributed to the 

overheating condition. We agree that the 

compliance time may be extended. We 

have determined that the compliance 

time may be extended from 18 to 42 

months. We consider a 42-month 

compliance time will provide an 

acceptable level of safety, yet will allow 

operators sufficient time to process 

unmodified static inverters through the 

manufacturer’s modification program 

without undue disruption of airline 

operation. We have changed paragraph 

(a) of this supplemental NPRM 

accordingly. 

Request for Clarification of Part 

Number 

NWA requests clarification of whether 

P/N 1–001–0102–0265 requires the 

resistor modification. NWA indicates 

that, per the manufacturer, this part also 

requires the resistor modification. 

We do not agree. The number 1–001–

0102–0265 is not a P/N and therefore is 

not identified in the applicability table. 

However, this supplemental NPRM 

overrides the original NPRM based on 

the service information. The affected 

static inverter part numbers are now 

listed in those service bulletins. We 

have made no change to the 

supplemental NPRM in this regard. 

Request To Use Unmodified Spares 

SWA and Boeing request that 

operators be allowed to use unmodified 

spares during the modification period. 

The commenters note the volume of 

units requiring modification versus the 

repair capabilities of the manufacturer. 

We agree that unmodified spares may 

be used during the modification period. 

Therefore, we have not included 

paragraph (b) of the original NPRM in 

this supplemental NPRM, and we have 

reidentified subsequent paragraphs 

accordingly. 

Request for Clarification of FAAApproved Service Letters 

Boeing points out that under 

‘‘Explanation of Relevant Service 

Information,’’ the original NPRM reads 

as follows: ‘‘The FAA has reviewed and 

approved Boeing Service Letters 737–

SL–24–165, 747–SL–24–058 * * *’’ and 

requests to verify whether the FAA 

approved those Boeing service letters. 

Boeing indicated that the FAA typically 

does not approve Boeing service letters, 

and Boeing has not been able to locate 

any such approval. 

We agree. We typically do not 

approve service letters; however, that 

statement was inadvertently included in 

the original NPRM. That section is not 

restated in the supplemental NPRM; 

therefore, we have made no change in 

this regard. 

Request To Change Cost Impact Section 

NWA and Avionic Instruments Inc. 

request that the original NPRM be 

revised to identify the recertification 

cost. The manufacturer has informed the 

commenters that they will be 

responsible for recertification and 

freight charges for returned units. 

The ATA points out that the NPRM 

preamble states that ‘‘warranty remedies 

are available for the cost of modified 

replacement parts and labor associated 

with accomplishing the action specified 

by the original NPRM. Therefore, the 

economic cost impact of the original 

NPRM on U.S. operators may be 

minimal.’’ The ATA requests that the 

original NPRM be revised to address 

cases where warranty remedies are not 

available. The ATA indicates that the 

removal and replacement of the inverter 

will require 2 elapsed hours per 

airplane, and the proposed modification 

will require 6 work hours per inverter. 

We agree that the cost section of the 

supplemental NPRM should be changed 

to incorporate cases where warranty 

remedies are not available. 

Additionally, the cost information 

specified in the original NPRM 

contained warranty information that is 

no longer used in ADs. Therefore, the 

cost information, below, has been 

revised to remove the warranty 

information. 

Explanation of Change to Costs of 

Compliance 

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. 

Explanation of Change to Applicability 

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. 

Clarification of Alternative Method of 

Compliance (AMOC) Paragraph 

We have revised the ‘‘Alternative 

Methods of Compliance (AMOCs)’’

paragraph in this AD to clarify the 

appropriate procedure for notifying the 

principal inspector before using any 

approved AMOC on any airplane to 

which the AMOC applies. 

Conclusion 

Since a certain change expands the 

scope of the originally proposed rule, 

we have determined that it is necessary 

to reopen the comment period to 

provide additional opportunity for 

public comment. 

Changes to 14 CFR Part 39/Effect on the 

Proposed AD 

On July 10, 2002, the FAA issued a 

new version of 14 CFR part 39 (67 FR 

47997, July 22, 2002), which governs the 

FAA’s airworthiness directives system. 

The regulation now includes material 

that relates to altered products, special 

flight permits, and alternative methods 

of compliance (AMOCs). These changes 

are reflected in this supplemental 

NPRM. 

Cost Impact 

There are approximately 3,832 

airplanes of the affected design in the 

worldwide fleet. We estimate that 1,882 

airplanes of U.S. registry would be 

affected by this supplemental NPRM. 

The following table provides the 

estimated costs for U.S. operators to 

comply with this supplemental NPRM. 


cprice-sewell on PROD1PC66 with PROPOSALS
30334 Federal Register / Vol. 71, No. 102 / Friday, May 26, 2006 / Proposed Rules 

ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Parts Cost per airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Modification ....... Up to 2 hours, depending on airplane configuration.$80 $0 Between $80 

and $160.

1,882 Up to $301,120. 

The cost impact figures discussed in 

ADs are based on assumptions that no 

operator has yet accomplished any of 

the proposed requirements, and that no 

operator would accomplish those 

actions in the future if the supplemental 

NPRM 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 proposed herein 

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. Therefore, 

it is determined that this proposal 

would not have federalism implications 

under Executive Order 13132. 

For the reasons discussed above, I 

certify that this 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) if 

promulgated, 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 copy of the draft 

regulatory evaluation prepared for this 

action is contained in the Rules Docket. 

A copy of it may be obtained by 

contacting the Rules Docket at the 

location provided under the caption 

ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the Federal Aviation 

Administration proposes to amend part 

39 of the Federal Aviation Regulations 

(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. 

§ 39.13 [Amended] 

2. Section 39.13 is amended by 

adding the following new airworthiness 

directive: 

Boeing: Docket 2002–NM–12–AD. 

Applicability: This AD applies to the 

following airplanes, certificated in any 

category, as identified in the applicable 

service bulletin specified in Table 1 of this 

AD: 

TABLE 1.—APPLICABILITY

Airplane model/series Boeing service bulletin/revision level/date 

737–600, –700, –700C, –800, –900 .................................................................................. 737–24–1165, Revision 1, dated October 20, 2005. 

737–300, –400, –500 ......................................................................................................... 737–24A1166, Revision 1, dated October 20, 2005. 

747–400, –400D, –400F .................................................................................................... 747–24–2254, dated July 21, 2005. 

757–200, –200CB, –200PF ............................................................................................... 757–24–0110, dated April 28, 2005. 

757–300 ............................................................................................................................. 757–24–0111, dated April 28, 2005. 

767–200, –300, –300F ...................................................................................................... 767–24–0160, dated June 30, 2005. 

767–400ER ........................................................................................................................ 767–24–0161, dated June 30, 2005. 

777–200, –300, –300ER .................................................................................................... 777–24–0095, dated June 30, 2005. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent a standby static inverter from 

overheating, which could result in smoke in 

the flight deck and cabin and loss of the 

electrical standby power system, accomplish 

the following: 

Modification 

(a) Within 42 months after the effective 

date of this AD: Modify the static inverter by 

removing resistor R170 from the logic control 

card assembly and replacing it with a new 

resistor, and relocating the new resistor to the 

solder side of the printed circuit board, in 

accordance with the Accomplishment 

Instructions of the applicable service bulletin 

specified in Table 1 of this AD. 

Note 1: The Boeing service bulletins 

specified in Table 1 of this AD refer to 

Avionic Instruments Inc. Service Bulletin 1–

002–0102–1000–24–28, Revision A, dated 

June 22, 2005, as an additional source of 

service information for the modification 

required by paragraph (a) of this AD. 

Alternative Methods of Compliance 

(b)(1) An alternative method of compliance 

or adjustment of the compliance time that 

provides an acceptable level of safety may be 

used if approved by the Manager, Seattle 

Aircraft Certification Office (ACO), FAA. 

Operators shall submit their requests through 

an appropriate FAA Principal Maintenance 


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Federal Register / Vol. 71, No. 102 / Friday, May 26, 2006 / Proposed Rules 30335 

Inspector, who may add comments and then 

send it to the Manager, Seattle ACO. 

(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. 

Issued in Renton, Washington, on May 15, 

2006. 

Kevin M. Mullin, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E6–8115 Filed 5–25–06; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2004–NM–36–AD] 

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: Supplemental notice of 

proposed rulemaking; reopening of 

comment period. 

SUMMARY: This document revises an 

earlier supplemental notice of proposed 

rulemaking (NPRM), applicable to 

certain Empresa Brasileira de 

Aeronautica S.A. (EMBRAER) Model 

EMB–135BJ and Model EMB–145XR 

airplanes. The first supplemental NPRM 

would have required, for all airplanes, 

installation of an additional indication 

device to the clear-ice indication 

system. For certain airplanes, the first 

supplemental NPRM would also have 

required replacing the existing clear-ice 

indication lamp with a new, improved 

lamp. For certain other airplanes, the 

first supplemental NPRM would also 

have required 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. This new 

action revises the first supplemental 

NPRM by adding airplanes to the 

applicability. The actions specified by 

this new proposed supplemental NPRM 

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: Comments must be received by 

June 20, 2006. 

ADDRESSES: Submit comments in 

triplicate to the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, ANM–114, 

Attention: Rules Docket No. 2004–NM–

36–AD, 1601 Lind Avenue, SW., 

Renton, Washington 98055–4056. 

Comments may be inspected at this 

location between 9 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. Comments may be submitted 

via fax to (425) 227–1232. Comments 

may also be sent via the Internet using 

the following address: 9-anmnprmcomment@faa.gov. Comments sent 

via fax or the Internet must contain 

‘‘Docket No. 2004–NM–36–AD’’ in the 

subject line and need not be submitted 

in triplicate. Comments sent via the 

Internet as attached electronic files must 

be formatted in Microsoft Word 97 or 

2000 or ASCII text. 

The service information referenced in 

the proposed rule 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 

FAA, Transport Airplane Directorate, 

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 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

participate in the making of the 

proposed rule by submitting such 

written data, views, or arguments as 

they may desire. Communications shall 

identify the Rules Docket number and 

be submitted in triplicate to the address 

specified above. All communications 

received on or before the closing date 

for comments, specified above, will be 

considered before taking action on the 

proposed rule. The proposals contained 

in this action may be changed in light 

of the comments received. 

Submit comments using the following 

format: 

• Organize comments issue-by-issue. 

For example, discuss a request to 

change the compliance time and a 

request to change the service bulletin 

reference as two separate issues. 

• For each issue, state what specific 

change to the proposed AD is being 

requested. 

• Include justification (e.g., reasons or 

data) for each request. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the proposed rule. All comments 

submitted will be available, both before 

and after the closing date for comments, 

in the Rules Docket for examination by 

interested persons. A report 

summarizing each FAA-public contact 

concerned with the substance of this 

proposal will be filed in the Rules 

Docket. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this action 

must submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket Number 2004–NM–36–AD.’’ The 

postcard will be date stamped and 

returned to the commenter. 

Availability of NPRMs 

Any person may obtain a copy of this 

NPRM by submitting a request to the 

FAA, Transport Airplane Directorate, 

ANM–114, Attention: Rules Docket No. 

2004–NM–36–AD, 1601 Lind Avenue, 

SW., Renton, Washington 98055–4056. 

Discussion 

A proposal to amend part 39 of the 

Federal Aviation Regulations (14 CFR 

part 39) to add an airworthiness 

directive (AD), applicable to certain 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135BJ and 

Model EMB–145XR series airplanes, 

was published as a supplemental notice 

of proposed rulemaking (NPRM) (‘‘the 

first supplemental NPRM’’) in the 

Federal Register on June 22, 2005 (70 

FR 36081). That first supplemental 

NPRM would have required installation 

of an additional indication device to the 

clear-ice indication system. For certain 

airplanes that first supplemental NPRM 

would also have required replacing the 

existing clear-ice indication lamp with a 

new, improved lamp. For certain other 

airplanes, that first supplemental NPRM 

would also have required 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 first 

supplemental NPRM was prompted by 

new revisions of service information 

that expanded the scope of the 

originally proposed rule. We issued the 

first supplemental NPRM to prevent 

undetected build-up of clear ice on the 

wing surfaces, which could lead to 

reduced controllability of the airplane. 


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