Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69071 

Material Incorporated by Reference 

(l) You must use Bombardier Alert Service 

Bulletin A23/24/25–29–4, Revision 1, dated 

January 17, 2005; and Learjet Service Kit 

SK23–215, dated April 4, 1966; as applicable, 

to perform the actions that are required by 

this AD, unless the AD specifies otherwise. 

(The issue date of Learjet Service Kit SK23–

215 is located only on the first and last pages 

of the document.) 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 Learjet, Inc., One Learjet Way, 

Wichita, Kansas 67209–2942, 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 October 

26, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–22220 Filed 11–10–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22147; Directorate 

Identifier 2005–NM–114–AD; Amendment 

39–14371; AD 2005–23–13] 

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. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

EMBRAER Model EMB–135 airplanes, 

and Model EMB–145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP 

airplanes. This AD requires 

modification of the logic of the steering 

system of the nose landing gear (NLG) 

wheel. This AD results from reports of 

the loss of directional control of the 

airplane on the ground after an internal 

failure of the NLG wheel steering 

system. We are issuing this AD to 

prevent failure of the NLG wheel 

steering system, which could result in 

reduced controllability of the airplane. 

DATES: This AD becomes effective 

December 19, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of December 19, 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 airworthiness 

directive (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 notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to certain EMBRAER Model 

EMB–135 airplanes, and Model EMB–

145, –145ER, –145MR, –145LR, –145XR, 

–145MP, and –145EP airplanes. That 

NPRM was published in the Federal 

Register on August 22, 2005 (70 FR 

48906). That NPRM proposed to require 

modification of the logic of the steering 

system of the nose landing gear (NLG) 

wheel. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Request To Reference Latest Revision of 

EMBRAER Service Bulletins 

Two commenters request that the 

NPRM reference EMBRAER Service 

Bulletin 145–32–0104, Revision 03, 

dated June 21, 2005 (EMBRAER Service 

Bulletin 145–32–0104, dated January 18, 

2005, is referenced as an appropriate 

source of service information for doing 

the actions specified in the NPRM). One 

commenter proposes revising 

paragraphs (c) and (f) of the NPRM to 

reference Revision 03 of the service 

bulletin. The same commenter also 

requests that EMBRAER Service 

Bulletin 145–32–0104, dated January 18, 

2005; EMBRAER Service Bulletin 145–

32–0104, Revision 01, dated April 14, 

2005; and EMBRAER Service Bulletin 

145–32–0104, Revision 02, dated May 

19, 2005; be considered acceptable for 

compliance with the NPRM. 

The same commenter also requests 

that paragraphs (c) and (f) of the NPRM 

be revised to reference EMBRAER 

Service Bulletin 145LEG–32–0020, 

Revision 01, June 21, 2005 (EMBRAER 

Service Bulletin 145LEG–32–0020, 

dated April 1, 2005, is referenced as an 

appropriate source of service 

information for doing the actions 

specified in the NPRM). In addition, the 

commenter requests that EMBRAER 

Service Bulletin 145LEG–32–0020, 

dated April 1, 2005, be considered 

acceptable for compliance with the 

NPRM. 

We agree with the commenters. The 

procedures in Revision 01 of EMBRAER 

Service Bulletin 145LEG–32–0020 are 

essentially the same as those in the 

original issue of the service bulletin. 

Revision 01 was issued to correct 

certain diagrams. 

The procedures in Revision 03 of 

EMBRAER Service Bulletin 145–32–

0104 are essentially the same as those in 

the original issue of the service bulletin. 

Revisions 01 and 02 were issued to 

revise certain figures. Revisions 01 and 

02 were also issued to split the 

effectivity of the service bulletin into 

groups and clarify that serial numbers 

14500839, 14500848, and 14500882 

have an equivalent factory-incorporated 

modification and are not affected 

airplanes. Revision 03 was issued to 

update kit information. 

No airplanes have been added to the 

effectivity of any revision of EMBRAER 

Service Bulletin 145–32–0104 or 

145LEG–32–0020. 

We have revised paragraphs (c) and (f) 

of this AD to reference EMBRAER 

Service Bulletin 145–32–0104, Revision 

03, dated June 21, 2005; and EMBRAER 

Service Bulletin 145LEG–32–0020, 

Revision 01, June 21, 2005. We have 

also added a new paragraph (g) to this 

AD to state that actions accomplished 

according to the previous issues of the 

service bulletins are acceptable for 

69072 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 

compliance with the corresponding 

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. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

received, 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 620 

airplanes of U.S. registry. The actions 

will take about 6 work hours per 

airplane, at an average labor rate of $65 

per work hour. Required parts will cost 

between $49 and $391. Based on these 

figures, the estimated cost of the AD for 

U.S. operators is between $272,180 and 

$484,220, or between $439 and $781 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): 

2005–23–13 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–14371. Docket No. 

FAA–2005–22147; Directorate Identifier 

2005–NM–114–AD. 

Effective Date 

(a) This AD becomes effective December 

19, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

EMB–135BJ airplanes, identified in 

EMBRAER Service Bulletin 145LEG–32–

0020, Revision 01, June 21, 2005; and Model 

EMB–135ER, –135KE, –135KL, and –135LR 

airplanes, and Model EMB–145, –145ER, 

–145MR, –145LR, –145XR, –145MP, and 

–145EP airplanes, identified in EMBRAER 

Service Bulletin 145–32–0104, Revision 03, 

dated June 21, 2005; certificated in any 

category. 

Unsafe Condition 

(d) This AD results from reports of the loss 

of directional control of the airplane on the 

ground after an internal failure of the steering 

system of the nose landing gear (NLG) wheel. 

We are issuing this AD to prevent failure of 

the NLG wheel steering system, which could 

result in reduced controllability of the 

airplane. 

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. 

Modification 

(f) Within 6,000 flight hours or 36 months 

after the effective date of this AD, whichever 

occurs first, modify the logic of the NLG 

wheel steering system in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145LEG–32–0020, Revision 

01, June 21, 2005 (for Model EMB–135BJ 

airplanes); or EMBRAER Service Bulletin 

145–32–0104, Revision 03, dated June 21, 

2005 (for Model EMB–135ER, –135KE, 

–135KL, and –135LR airplanes; and Model 

EMB–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP airplanes); as 

applicable. 

Actions Accomplished in Accordance With 

Previous Issues of Service Bulletins 

(g) Actions accomplished before the 

effective date of this AD in accordance with 

the service bulletins listed in Table 1 of this 

AD are considered acceptable for compliance 

with the corresponding actions specified in 

this AD. 

TABLE 1.—PREVIOUS ISSUES OF

SERVICE BULLETINS

EMBRAER 

service 

bulletin 

Revision 

level Date 

145–32–0104 Original January 18, 2005. 

145–32–0104 01 ......... April 4, 2005. 

145–32–0104 02 ......... May 19, 2005. 

145LEG–32–

0020.

Original April 1, 2005. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(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 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. 

Related Information 

(i) Brazilian airworthiness directive 2005–

04–02, dated April 30, 2005, also addresses 

the subject of this AD. 

Material Incorporated by Reference 

(j) You must use EMBRAER Service 

Bulletin 145LEG–32–0020, Revision 01, June 

21, 2005; or EMBRAER Service Bulletin 145–

32–0104, Revision 03, dated June 21, 2005; 

as applicable, to perform the actions that are 

required by this AD, unless the AD specifies 

otherwise. EMBRAER Service Bulletin 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69073 

145LEG–32–0020, Revision 01, June 21, 

2005, contains the following effective pages: 

Page number Revision level shown 

on page 

Date shown on 

page 

1, 2, 15, 19 .......................................................................................................................................... 01 ................................ June 21, 2005. 

3–14, 16–18, 20, 21 ............................................................................................................................ Original ....................... April 1, 2005. 

The Director of the Federal Register 

approved the incorporation by reference of 

these documents 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. 05–22308 Filed 11–10–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22867; Directorate 

Identifier 2005–NM–209–AD; Amendment 

39–14359; AD 2005–23–01] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model CL–600–2B19 (Regional Jet 

Series 100 & 440) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Bombardier Model CL–600–2B19 

(Regional Jet Series 100 & 440) 

airplanes. This AD requires revising the 

Airworthiness Limitations section of the 

Instructions for Continued 

Airworthiness of the Canadair Regional 

Jet Maintenance Requirements Manual 

by incorporating new procedures for 

repetitive detailed and special detailed 

inspections for cracking of the aft 

pressure bulkhead. This AD results from 

a fatigue test, which revealed cracking 

of the aft pressure bulkhead; subsequent 

in-service reports show that fatigue 

cracking has been found on other 

airplanes. We are issuing this AD to 

detect and correct cracking in the aft 

pressure bulkhead, which could result 

in reduced structural integrity and rapid 

decompression of the airplane. 

DATES: This AD becomes effective 

November 29, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of November 29, 2005. 

We must receive comments on this 

AD by January 13, 2006. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Contact Bombardier, Inc., Canadair, 

Aerospace Group, P.O. Box 6087, 

Station Centre-ville, Montreal, Quebec 

H3C 3G9, Canada, for service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Richard Beckwith, Aerospace Engineer, 

Airframe and Propulsion Branch, ANE–

171, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue, suite 410, Westbury, New York 

11590; telephone (516) 228–7302; fax 

(516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

Transport Canada Civil Aviation 

(TCCA), which is the airworthiness 

authority for Canada, notified us that an 

unsafe condition may exist on certain 

Bombardier Model CL–600–2B19 

(Regional Jet Series 100 & 440) 

airplanes. TCCA advises that during a 

complete aircraft fatigue test, cracking of 

the aft pressure bulkhead was found. 

Subsequent in-service reports show that 

fatigue cracking has been found on 

airplanes with as few as 17,821 total 

flight cycles. This condition, if not 

corrected, could result in reduced 

structural integrity and rapid 

decompression of the airplane. 

Relevant Service Information 

Bombardier has issued Canadair 

Regional Jet Temporary Revision (TR) 

2B–2109, dated October 13, 2005, to the 

Canadair Regional Jet Maintenance 

Requirements Manual (MRM), Part 2, 

Appendix B, ‘‘Airworthiness 

Limitations.’’ This TR incorporates 

repetitive special detailed and detailed 

inspections for cracking of the aft 

pressure bulkhead, in accordance with 

the procedures specified in the 

applicable task identified in the TR, into 

the MRM. TCCA mandated 

airworthiness limitations (AWL) 

Number 53–61–153 of the TR and 

issued Canadian airworthiness directive 

CF–2005–13R1, dated October 6, 2005, 

to ensure the continued airworthiness of 

these airplanes in Canada. 

FAA’s Determination and Requirements 

of This AD 

This airplane model is manufactured 

in Canada and is type certificated for 

operation in the United States under the 

provisions of section 21.29 of the 

Federal Aviation Regulations (14 CFR 

21.29) and the applicable bilateral 

airworthiness agreement. Pursuant to 

this bilateral airworthiness agreement, 

TCCA has kept the FAA informed of the 

situation described above. We have 

examined TCCA’s findings, evaluated 

all pertinent information, and 

determined that we need to issue an AD 

for products of this type design that are 

certificated for operation in the United 

States. 

Therefore, we are issuing this AD to 

detect and correct cracking in the aft 

pressure bulkhead, which could result 

in reduced structural integrity and rapid 

decompression of the airplane. This AD 

requires revising the AWL section of the 

Instructions for Continued 

Airworthiness of the Canadair Regional