Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69077 

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 the 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. 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): 

2005–23–14 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–14372. Docket No. 

FAA–2005–22910; Directorate Identifier 

2005–NM–208–AD. 

Effective Date 

(a) This AD becomes effective November 

29, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all EMBRAER Model 

ERJ 170–100LR, –100 STD, –100SE, and –100 

SU airplanes, certificated in any category. 

Unsafe Condition 

(d) This AD results from a report that an 

engine shut down during flight due to the 

failure of the low-stage check valve to close. 

We are issuing this AD to prevent failure of 

the low-stage check valve, which could result 

in an engine shutting down during flight. 

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. 

Replacement 

(f) Within 100 flight hours after the 

effective date of this AD or prior to the 

accumulation of 3,000 total flight hours, 

whichever occurs later, replace the low-stage 

check valve and associated seals of the righthand engine’s engine bleed system with a 

new check valve and new seals in accordance 

with the Accomplishment Instructions of 

EMBRAER Alert Service Bulletin 170–36–

A004, dated September 28, 2005. Repeat the 

replacement thereafter at intervals not to 

exceed 3,000 flight hours. 

Parts Installation 

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

engine may be installed in the right-hand 

position unless the low-stage check valve has 

been replaced in accordance with the actions 

required by paragraph (f) of this AD. 

Removed Check Valves 

(h) Although EMBRAER Alert Service 

Bulletin 170–36–A004, dated September 28, 

2005, specifies to send removed check valves 

to the manufacturer, this AD does not 

include that requirement. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(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 

(j) Brazilian emergency airworthiness 

directive 2005–09–03, dated September 29, 

2005, also addresses the subject of this AD. 

Material Incorporated by Reference 

(k) You must use EMBRAER Alert Service 

Bulletin 170–36–A004, dated September 28, 

2005, 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 

November 2, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–22442 Filed 11–10–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Airspace Docket No. 05–AWP–12] 

Establishment of a Class E Enroute 

Domestic Airspace Area, San Luis 

Obispo, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: This action establishes a Class 

E enroute domestic airspace area west of 

San Luis Obispo, CA, to replace existing 

Class G uncontrolled airspace. 

DATES: 0901 UTC April 13, 2006. 

Comment date: Comments for inclusion 

in the Rules Docket must be received on 

or before December 14, 2005. 

ADDRESSES: Send comments on the 

direct final rule in triplicate to: Federal 

Aviation Administration, Attn: 

Manager, Airspace Branch, AWP–520, 

Docket No. 05–AWP–12, Western 

Terminal Operations, PO Box 92007, 

Worldway Postal Center, Los Angeles, 

California 90009. The official docket 

may be examined in the Office of the 

Assistant Chief Counsel, WesternPacific Region, Federal Aviation 

Administration, Room 6007, 15000 

Aviation Boulevard, Lawndale, 

California 90261. 

An informal docket may also be 

examined during normal business hours 

at the Office of the Manager, Airspace 

Branch, Western Terminal Operations at 

the above address. 

FOR FURTHER INFORMATION CONTACT: 

Francie Hope, Western Terminal 

69078 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 

Operations Airspace Specialist, AWP–

520.3, Federal Aviation Administration, 

15000 Aviation Boulevard, Lawndale, 

California 90261, telephone (310) 725–

6502. 

SUPPLEMENTARY INFORMATION: This 

action will establish a Class E enroute 

domestic airspace area west of San Luis 

Obispo to contain aircraft while in 

Instrument Flight Rules (IFR) conditions 

and under control of Santa Barbara 

Terminal Radar Approach Control 

(TRACON). On November 2, 2005, 

airspace will be transferred from Los 

Angeles Air Route Traffic Control 

Center (ARTCC) to Santa Barbara 

TRACON. In order to provide positive 

control of aircraft in this area, the 

airspace must be designated as 

controlled airspace. 

Class E enroute domestic airspace 

areas are published in Paragraph 6006 of 

FAA Order 7400.9N dated September 1, 

2005, and effective September 16, 2005, 

which is incorporated by reference in 14 

CFR 71.1. The class E airspace 

designation listed in this document 

would be published subsequently in 

this Order. 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comment and therefore is 

issuing it as a direct final rule. Unless 

a written adverse or negative comment, 

or a written notice of intent to submit 

an adverse or negative comment is 

received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the date on which the final 

rule will become effective. If the FAA 

does receive, within the comment 

period, an adverse or negative comment, 

or written notice of intent to submit 

such a comment, a document 

withdrawing the direct final rule will be 

published in the Federal Register, and 

a notice of proposed rulemaking may be 

published with a new comment period. 

Comments Invited 

Although this action is in the form of 

a final rule and was not preceded by a 

notice of proposed rulemaking, 

comments are invited on this rule. 

Interested persons are invited to 

comment on this rule by submitting 

such written data, views, and arguments 

as they may desire. Communications 

should identify the Rules Docket 

number and be submitted in triplicate to 

the address specified under the caption 

ADDRESSES. All communications 

received on or before the closing date 

for comments will be considered, and 

this rule may be amended or withdrawn 

in light of the comments received. 

Factual information that supports the 

commenter’s ideas and suggestions is 

extremely helpful in evaluating the 

effectiveness of this action and 

determining whether additional 

rulemaking action would be needed. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the 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 that 

summarizes each FAA-public contact 

concerned with the substance of this 

action will be filed in the Rules Docket. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this rule must 

submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. 05–AWP–12.’’ The postcard 

will be date stamped and returned to the 

commenter. 

Agency Findings 

The regulations adopted herein will 

not have substantial direct effects on the 

State, 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, in 

accordance with Executive Order 12612, 

it is determined that this final rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a Federalism Assessment. 

The FAA has determined that this 

regulation is noncontroversial and 

unlikely to result in adverse or negative 

comments. For the reasons discussed in 

the preamble, this regulation only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. 

Therefore, this regulation—(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 11304; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter than will only affect air 

traffic procedures and air navigation, it 

is certified that this rule will not have 

a significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; ROUTES; 

AND REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 CR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9N, 

Airspace Designations and Reporting 

Points, dated September 1, 2005, and 

effective September 16, 2005, is 

amended as follows: 

* * * * * 

Paragraph 6006 Enroute Domestic Airspace 

Areas 

* * * * * 

San Luis Obispo, CA [Established] 

That airspace extending upward from 1200 

feet above the surface (AGL) bounded on the 

north by Monterey Class E5 airspace, on the 

east by V27 and Santa Barbara Class E5 

airspace, and on the south and west by 

Control Area 115L. 

Issued in Los Angeles, California, on 

October 28, 2005. 

Tony DiBernardo, 

Acting Area Director, Western Terminal 

Operations. 

[FR Doc. 05–22523 Filed 11–10–05; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

23 CFR Part 1345 

[Docket No. NHTSA–2005–22879] 

RIN 2127–AJ72 

Incentive Grant Criteria for Occupant 

Protection Programs; Technical 

Amendments 

AGENCY: National Highway Traffic 

Safety Administration, Department of 

Transportation