59244 Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Rules and Regulations 

seats, part number (P/N) 312( )( )27–( )( )( ) 

( )( ) and P/N 312( )( )36–( )( )( )( )( ). These 

seats are installed in, but not limited to, 

Fokker Model F27 Mark 050, Mark 500, and 

Mark 600 airplanes. 

(d) The parentheses appearing in the seat 

P/N indicate the presence or absence of an 

additional letter(s), or number(s), that varies 

the basic seat configuration. This AD still 

applies regardless of whether these letters, or 

numbers, are present or absent in the seat P/ 

N designation. 

Unsafe Condition 

(e) This AD results from 10 reports of 

cracked attachments of series 312 box 

mounted seats. We are issuing this AD to 

prevent series 312 box mounted seats from 

detaching from the passenger compartment 

floor, which could result in injury to the 

occupant of the seat, and prevent evacuation 

of passengers in the event of an emergency. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified unless the 

actions have already been done. 

Attachments That Have Already 

Accumulated 8,000 Hours Time-In-Service 

(TIS) or More 

(g) For attachments that have already 

accumulated 8,000 hours TIS or more on the 

effective date of this AD, do the following: 

(1) Within 90 days after the effective date 

of this AD, replace attachments with new 

attachments of the same P/N, using Section 

2., Replacement Procedure, Steps 2.4 though 

2.6 of Aviointeriors Service Bulletin No. 312/ 

912–05, Revision 1, dated August 24, 2001. 

(2) Perform repetitive visual inspections as 

specified in paragraph (i) of this AD. 

Initial Visual Inspection 

(h) Perform an initial visual inspection of 

the seat outboard and inboard attachments 

for cracks, within 90 days after the effective 

date of this AD, as follows: 

(1) Inspect seat outboard attachment, part 

number (P/N) DM03313–1, and seat inboard 

attachment, P/N DM03314–1, using Section 

2., Inspection Procedure, Steps 2.1 through 

2.5 of Aviointeriors Service Bulletin (SB) No. 

312/912–05, Revision 1, dated August 24, 

2001. 

(2) Replace any cracked attachment with a 

new attachment of the same P/N, using 

Section 2., Replacement Procedure, Steps 2.4 

though 2.6 of Aviointeriors SB No. 312/912–

05, Revision 1, dated August 24, 2001. 

(3) Replace attachments when they have 

accumulated 8,000 hours time-in-service 

(TIS), with new attachments of the same P/ 

N, using Section 2., Replacement Procedure, 

Steps 2.4 though 2.6 of Aviointeriors SB No. 

312/912–05, Revision 1, dated August 24, 

2001. 

Repetitive Visual Inspections 

(i) Within 650 hours TIS after the last 

inspection, or within 650 hours TIS after 

attachment was replaced, and whenever the 

seat is being installed or removed, perform 

repetitive visual inspections for cracks, and 

replace cracked seat outboard and inboard 

attachments. Use paragraphs (h)(1) through 

(h)(3) of this AD to inspect and disposition 

the attachments. 

Alternative Methods of Compliance 

(j) The Manager, Boston Aircraft 

Certification Office, has the authority to 

approve alternative methods of compliance 

for this AD if requested using the procedures 

found in 14 CFR 39.19. 

Related Information 

(k) Ente Nazionale per l’Aviazione Civile 

airworthiness directive AD 2001–479, dated 

November 12, 2001, also addresses the 

subject of this AD. 

Material Incorporated by Reference 

(l) You must use Aviointeriors Service 

Bulletin No. 312/912–05, Revision 1, dated 

August 24, 2001, to perform the actions 

required by this AD. The Director of the 

Federal Register approved the incorporation 

by reference of this service bulletin in 

accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Contact Aviointeriors S.p.A., Via 

Appia Km. 66.4—04013 Latina, Italy; 

telephone: 39–0773–6891; fax: 39–0773–

631546, 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., Nassif Building, Room PL–401, 

Washington, DC 20590–0001, 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 NARA, call 202–741–6030, 

or go to: http://www.archives.gov/federalregister/cfr/ibr-locations.html. 

Issued in Burlington, Massachusetts, on 

September 30, 2005. 

Francis A. Favara, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–19941 Filed 10–11–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20223; Directorate 

Identifier 2004–NM–193–AD; Amendment 

39–14334; AD 2005–20–37] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135BJ, 

–135ER, –135KE, –135KL, –135LR, 

–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

EMBRAER Model EMB–135 airplanes 

and Model EMB–145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP 

airplanes. This AD requires repetitive 

detailed inspections for surface bruising 

of the main landing gear (MLG) trailing 

arms and integrity of the MLG pivot axle 

sealant, and corrective actions if 

necessary. This AD also provides for 

optional terminating action for the 

repetitive detailed inspections. This AD 

results from a report of a fractured axle 

of the trailing arm of the MLG due to 

corrosion of the axle. We are issuing this 

AD to prevent a broken trailing arm and 

consequent failure of the MLG, which 

could lead to loss of control and damage 

to the airplane during takeoff or landing. 

DATES: This AD becomes effective 

November 16, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of November 16, 2005. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

dms.dot.gov or in person at the Docket 

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: 

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: 

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 of the Nassif Building at the street 

address stated in the ADDRESSES section. 

Discussion 

The FAA issued a supplemental 

notice of proposed rulemaking (NPRM) 

to amend 14 CFR part 39 to include an 

AD that would apply to certain 

EMBRAER Model EMB–135 and –145 

series airplanes. That supplemental 

NPRM was published in the Federal 

Register on August 11, 2005 (70 FR 

46788). That supplemental NPRM 

proposed to require repetitive detailed 

Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Rules and Regulations 59245 

inspections for surface bruising of the 

main landing gear (MLG) trailing arms 

and integrity of the MLG pivot axle 

sealant, and corrective actions if 

necessary. The supplemental NPRM 

also proposed to provide optional 

terminating action for the repetitive 

detailed inspections. 

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 Costs of Compliance 

We determined that the Costs of 

Compliance of the supplemental NPRM 

did not clearly indicate that airplanes 

having MLGs installed that do not have 

cardan assembly part number (P/N) 

2309–2041–003 installed are not subject 

to all requirements of the AD. We have 

revised the Costs of Compliance to 

clarify that only airplanes having MLGs 

installed that do have cardan assembly 

P/N 2309–2041–003 installed are 

subject to all requirements of this AD. 

Clarification of Alternative Method of 

Compliance (AMOC) Paragraph 

We have revised this action to clarify 

the appropriate procedure for notifying 

the principal inspector before using any 

approved AMOC on any airplane to 

which the AMOC applies. 

Correction of Typographical Error 

Paragraph (j) of this AD is required for 

all subject MLGs intended to be 

installed on any affected airplane after 

the effective date of this AD, therefore, 

the last sentence of paragraph (f) of the 

AD should read ‘‘ * * * except as 

provided by paragraph (j) of this AD.’’

However, we noticed that paragraph (f) 

of the supplemental NPRM reads ‘‘

* * * except as provided by paragraph 

(i) of this AD.’’ We have revised 

paragraph (f) of the AD accordingly to 

correct this typographical error from (i) 

to (j) as described. 

We have carefully reviewed the 

available data and determined that air 

safety and the public interest require 

adopting the AD with the changes 

described previously. We have 

determined that these changes will 

neither increase the economic burden 

on any operator nor increase the scope 

of the AD. 

Costs of Compliance 

This AD will affect about 488 

airplanes of U.S. registry. 

The part number verification will take 

about 1 work hour per airplane, at an 

average labor rate of $65 per work hour. 

Based on these figures, the estimated 

cost of the required inspection for U.S. 

operators is $31,720, or $65 per 

airplane. 

If required, the inspection of the MLG 

trailing arm surface and pivot axle 

sealant will take about 1 work hour per 

airplane, at an average labor rate of $65 

per work hour. Based on these figures, 

the estimated cost of the inspection for 

U.S. operators is up to $31,720, or $65 

per airplane, per inspection cycle. 

If required, the replacement of the 

MLG cardan and inspection of the 

internal surface of the MLG trailing arm 

pivot axle will take about 1 work hour 

per MLG (two MLGs per airplane), at an 

average labor rate of $65 per work hour. 

Required parts will cost about $3,500 

per cardan. Based on these figures, the 

estimated cost of these actions for U.S. 

operators is $7,130 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 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 

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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2005–20–37 Empresa Brasileira De 

Aeronautica S.A. (EMBRAER): 

Amendment 39–14334. Docket No. 

FAA–2005–20223; Directorate Identifier 

2004–NM–193–AD. 

Effective Date 

(a) This AD becomes effective November 

16, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all EMBRAER Model 

EMB–135BJ, –135ER, –135KE, –135KL, 

–135LR, –145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP airplanes, 

certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by a report of 

a fractured axle of the trailing arm of the 

main landing gear (MLG) due to corrosion of 

the axle. We are issuing this AD to prevent 

a broken trailing arm and consequent failure 

of the MLG, which could lead to loss of 

control and damage to the airplane during 

takeoff or landing. 

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. 

Part Number Verification 

(f) Within 600 flight hours or 180 days after 

the effective date of this AD, whichever 

occurs first, inspect the left and right MLG 

to determine whether cardan assembly part 

number (P/N) 2309–2041–003 is installed. A 

59246 Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Rules and Regulations 

review of airplane maintenance records is 

acceptable in lieu of this inspection if the P/ 

N of the cardan assembly can be conclusively 

determined from that review. If cardan P/N 

2309–2041–003 is not installed in the MLG, 

no further action is required for that MLG, 

except as provided by paragraph (j) of this 

AD. If cardan P/N 2309–2041–003 is installed 

in the MLG, continue with paragraph (g) of 

this AD. 

Inspection 

(g) Within 600 flight hours or 180 days 

after the effective date of this AD, whichever 

occurs first, perform a detailed inspection for 

surface bruising of the MLG trailing arms and 

integrity of the MLG pivot axle sealant; in 

accordance with the Accomplishment 

Instructions of EMBRAER Service Bulletin 

145–32–0091, Change 01, dated July 1, 2004. 

If no sign of sealant failure or bruising of the 

trailing arm is found, repeat the inspection 

thereafter at intervals not to exceed 5,500 

flight hours or 24 months, whichever occurs 

first, until paragraph (h) of this AD has been 

accomplished. 

Note 1: 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.’’

Corrective/Terminating Actions 

(h) If any sign of sealant failure or bruising 

of either trailing arm surface is found during 

any inspection required by paragraph (g) of 

this AD, prior to further flight, do paragraphs 

(h)(1), (h)(2), and (h)(3) of this AD. Do the 

actions in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145–32–0091, Change 01, 

dated July 1, 2004. Accomplishment of 

paragraph (h) of this AD for any MLG ends 

the repetitive inspections required by 

paragraph (g) for that MLG. 

(1) Repair any bruising of the trailing arm 

surface. 

(2) Replace the MLG cardan with a new, 

improved cardan having P/N 2309–2041–

401. 

(3) Perform a detailed inspection for 

corrosion of the internal surface of the 

trailing arm pivot axle. 

(i) If no corrosion is found, prior to further 

flight, apply protective paint and corrosion 

inhibitors. 

(ii) If corrosion is found, prior to further 

flight, replace the pivot axle with a new pivot 

axle and apply corrosion inhibitors. 

Note 2: EMBRAER Service Bulletin 145–

32–0091, Change 01, dated July 1, 2004, 

refers to Embraer Liebherr Equipamentos do 

Brasil S.A. (ELEB) Service Bulletin 2309–

2002–32–04, Revision 01, dated May 24, 

2004, as an additional source of service 

information for the inspection and repair of 

the MLG components. The ELEB service 

bulletin is included within the EMBRAER 

service bulletin. 

Actions Accomplished According to 

Previous Issue of Service Bulletin 

(i) Actions accomplished before the 

effective date of this AD according to 

EMBRAER Service Bulletin 145–32–0091, 

dated February 19, 2004, are considered 

acceptable for compliance with the 

corresponding actions specified in this AD. 

Parts Installation 

(j) As of the effective date of this AD, no 

person may install an MLG having a cardan 

assembly, part number 2309–2041–003, on 

any affected airplane, unless the 

requirements of paragraphs (g) and (h) of this 

AD, as applicable, have been accomplished. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(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 § 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 

(l) Brazilian airworthiness directive 2004–

08–02, dated September 3, 2004, also 

addresses the subject of this AD. 

Material Incorporated by Reference 

(m) You must use EMBRAER Service 

Bulletin 145–32–0091, Change 01, dated July 

1, 2004, 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), PO 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 

September 28, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–20066 Filed 10–11–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20879; Directorate 

Identifier 2004–NM–55–AD; Amendment 39–

14326; AD 2005–20–29] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–100, 747–100B, 747–100B 

SUD, 747–200B, 747–300, 747SP, and 

747SR Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 747–100, 747–100B, 747–

100B SUD, 747–200B, 747–300, 747SP, 

and 747SR series airplanes. This AD 

requires repetitive inspections to detect 

cracks in various areas of the upper 

deck floor beams, and repair if 

necessary. This AD results from fatigue 

testing that revealed severed upper 

chords of the upper deck floor beams 

due to fatigue cracking. We are issuing 

this AD to detect and correct cracking in 

the upper chords of the upper deck floor 

beams. Undetected cracking could result 

in large deflection or deformation of the 

upper deck floor beams, resulting in 

damage to wire bundles and control 

cables for the flight control system, and 

reduced controllability of the airplane. 

Multiple adjacent severed floor beams 

could result in rapid decompression of 

the airplane. 

DATES: This AD becomes effective 

November 16, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of Boeing Service Bulletin 747–

53A2349, Revision 2, dated April 3, 

2003; and Boeing Alert Service Bulletin 

747–53A2452, dated April 3, 2003; as of 

November 16, 2005. 

On June 27, 2002 (67 FR 36081, May 

23, 2002), the Director of the Federal 

Register approved the incorporation by 

reference of Boeing Alert Service 

Bulletin 747–53A2349, Revision 1, 

dated October 12, 2000. 

On June 11, 1993 (58 FR 27927, May 

12, 1993), the Director of the Federal 

Register approved the incorporation by 

reference of Boeing Service Bulletin 

747–53–2349, dated June 27, 1991. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

dms.dot.gov or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street