This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

72726 

Vol. 70, No. 234 

Wednesday, December 7, 2005 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–23145; Directorate 

Identifier 2000–NM–215–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–145, –145ER, 

–145MR, –145LR, –145XR, –145MP, and 

–145EP Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to all 

EMBRAER Model EMB–145, –145ER, 

–145MR, –145LR, –145XR, –145MP, and 

–145EP airplanes. The existing AD 

currently requires repetitive inspections 

to detect cracking or failure of the rod 

ends of the aileron power control 

actuator (PCA), and corrective actions if 

necessary. This proposed AD would 

require the same repetitive inspections 

of additional parts at new inspection 

intervals for certain airplanes; provide 

new corrective actions; and provide an 

optional terminating action for the 

proposed requirements. This proposed 

AD results from the issuance of 

mandatory continuing airworthiness 

information by the Brazilian 

airworthiness authority. We are 

proposing this AD to detect and correct 

cracking or breaking of the rod ends and 

connecting fittings of the aileron PCA, 

which could result in reduced 

controllability of the airplane. 

DATES: We must receive comments on 

this proposed AD by January 6, 2006. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed 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 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 proposed 

AD. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 227–1175; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed in the 

ADDRESSES section. Include the docket 

number ‘‘Docket No. FAA–2005–23145; 

Directorate Identifier 2000–NM–215– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light of those comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of that Web 

site, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You may 

review the DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http:// 

dms.dot.gov. 

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 DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the Docket 

Management System receives them. 

Discussion 

On March 16, 1999, we issued AD 99– 

05–04, amendment 39–11087 (64 FR 

13892, March 23, 1999), for all 

EMBRAER Model EMB–145, –145ER, 

–145MR, –145LR, –145XR, –145MP, and 

–145EP airplanes. That AD requires 

repetitive inspections to detect cracking 

or failure of the rod ends of the aileron 

power control actuator (PCA), and 

corrective actions if necessary. That AD 

resulted from the issuance of mandatory 

continuing airworthiness information by 

the Brazilian civil aviation authority, 

the Departmento de Aviacao Civil 

(DAC). We issued that AD to detect and 

correct cracking or failure of the rod 

ends of the aileron PCA, which could 

result in reduced controllability of the 

airplane. 

Actions Since Existing AD Was Issued 

Since we issued AD 99–05–04, the 

DAC notified us that it has received 

additional reports of broken rod ends of 

the aileron PCA, involving part numbers 

(P/N) on which AD 99–05–04 did not 

apply. The rod ends were broken either 

at the aileron or at the wing side of the 

PCA. More recently, there have been 

reports of cracking in the aileron PCA 

fittings at the wing side. Failure/ 

breaking of the aileron PCA rod ends or 

connecting fittings, if not corrected, 

could result in reduced controllability 

of the airplane. 

Relevant Service Information 

EMBRAER has issued the following 

service documents: 

1. Service Bulletin 145–27–0054, 

Change 03, dated March 30, 2000; and 

Service Bulletin 145–27–0054, Change 

Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules 72727 

04, dated February 14, 2005. For PCAs 

having certain P/Ns, these service 

bulletins describe procedures for 

repetitive visual inspections for 

cracking or failure of the aileron PCA 

rod ends and connecting fittings at the 

aileron connection points for the wing 

structure. Among other things, these 

service bulletins also describe 

procedures for corrective actions that 

include replacing PCAs that have 

cracked or failed rod ends with new 

PCAs, replacing cracked or failed 

fittings with new reinforced fittings, and 

replacing any aileron having any 

discrepancy found during the described 

inspections with a new or serviceable 

aileron. 

2. Service Bulletin 145–57–0019, 

Change 02, dated May 3, 2001; and 

Service Bulletin 145–57–0019, Change 

03, dated February 11, 2004. These 

service bulletins describe procedures for 

replacing all PCA connecting fittings 

with new, redesigned, and reinforced 

fittings in the half-wings, among other 

actions. EMBRAER recommends that 

these service bulletins be done at the 

same time as the actions in EMBRAER 

Service Bulletin 145–27–0061 and in 

EMBRAER Service Bulletin 145–27–

0062 (both described below). 

3. Service Bulletin 145–27–0061, 

Change 02, dated September 12, 2000; 

Service Bulletin 145–27–0061, Change 

03, dated March 14, 2001; and Service 

Bulletin 145–27–0061, Revision 04, 

dated August 11, 2004. These service 

bulletins describe procedures for 

reinforcing the aileron PCA fittings and 

reidentifying the aileron. EMBRAER 

recommends that these service bulletins 

be done at the same time as the actions 

in EMBRAER Service Bulletins 145–57–

0019 and 145–27–0062. 

4. Service Bulletin 145–27–0062, 

Revision 03, dated December 11, 2002; 

and Service Bulletin 145–27–0062, 

Revision 04, dated March 8, 2004. For 

PCAs with certain P/Ns, these service 

bulletins describe procedures for 

replacing the aileron PCAs with new, 

improved aileron PCAs, among other 

actions. EMBRAER recommends that 

the actions in EMBRAER Service 

Bulletins 145–57–0019 and 145–27–

0061 be done before the actions in these 

service bulletins. These service bulletins 

also specify that operators send the 

replaced PCAs to the parts 

manufacturer. 

5. Service Bulletin 145–27–0063, 

dated March 30, 2000; Service Bulletin 

145–27–0063, Change 01, dated October 

2, 2000; Service Bulletin 145–27–0063, 

Change 02, dated March 22, 2002; 

Service Bulletin 145–27–0063, Change 

03, dated May 27, 2004; Service Bulletin 

145–27–0063, Revision 04, dated 

October 13, 2004; and Service Bulletin 

145–27–0063, Revision 05, dated March 

16, 2005. These service bulletins 

describe procedures for installing an 

aileron damper and modifying the 

hydraulic system, among other actions. 

6. Subtask 27–12–01–212–002–A00 of 

the EMBRAER EMB–145 Aircraft 

Maintenance Manual. This subtask 

provides procedures for inspecting the 

aileron PCA rod ends and fitting lugs. 

The DAC mandated the service 

information and issued Brazilian 

airworthiness directive 1999–02–01R6, 

dated June 21, 2004, to ensure the 

continued airworthiness of these 

airplanes in Brazil. 

FAA’s Determination and Requirements 

of the Proposed AD 

These airplane models are 

manufactured in Brazil and are 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, the DAC has 

kept the FAA informed of the situation 

described above. We have examined the 

DAC’s findings, evaluated all pertinent 

information, and determined that AD 

action is necessary for airplanes of this 

type design that are certificated for 

operation in the United States. 

This proposed AD would supersede 

AD 99–05–04 and would continue to 

require repetitive inspections to detect 

cracking or failure of the rod ends of the 

aileron PCA, and corrective actions if 

necessary. This proposed AD would 

also: 

1. Require the same repetitive 

inspections of additional P/Ns at new 

inspection intervals for certain 

airplanes; 

2. Provide new corrective actions; 

3. Require use of a new revision of the 

previously required service bulletin; 

and 

4. Provide an optional terminating 

action for the proposed requirements. 

The proposed AD would require you 

to use the service information described 

previously to perform these actions. 

Differences Between the Proposed AD 

and the Brazilian Airworthiness 

Directive 

The Brazilian airworthiness directive 

does not give a compliance time for the 

initial inspection of the PCA rod ends 

and fittings. We would require that 

inspection to be done at the applicable 

time specified in the following table, 

‘‘Compliance Times for Initial 

Inspection.’’ In developing an 

appropriate compliance time for this 

inspection, we considered the 

manufacturer’s recommendation, the 

degree of urgency associated with the 

subject unsafe condition, the average 

utilization of the affected fleet, and the 

time necessary to perform the 

inspection (1 hour). We also considered 

that the referenced service bulletin 

(EMBRAER Service Bulletin 145–27–

0054, Change 03, dated March 30, 2000), 

which contains the procedures for 

accomplishing the required inspection, 

has been available to all operators of the 

subject EMBRAER airplanes since 

March 2000. (EMBRAER Service 

Bulletin 145–27–0054, Change 03, was 

revised on February 14, 2005, to add 

two airplanes to the effectivity; we 

understand that the actions specified in 

the service bulletin have been 

accomplished on those two airplanes.) 

In light of all of these factors, we find 

that the initial inspection must be 

accomplished at the applicable time 

specified in the table below, which 

represents an appropriate interval of 

time allowable for affected airplanes to 

continue to operate without 

compromising safety. 

TABLE.—COMPLIANCE TIMES FOR INITIAL INSPECTION

For airplanes that have PCAs with these part numbers (P/N)— Do the initial inspection— 

394900–1003 or 394900–1005 ................................................................ Within 3 days after the effective date of this AD. 

394900–1007 ............................................................................................ Within 14 days after the effective date of this AD. 

418800–1001, 418800–1003, 418800–9003, 418800–1005, 418800– 

9005, 418800–1007, or 418800–9007; and that have new reinforced 

PCA fittings installed in accordance with paragraph (k) or (l) of this 

AD.

Within 500 flight hours after the effective date of this AD. 

72728 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules 

The Brazilian airworthiness directive 

also does not give a compliance time for 

replacing cracked or failed PCA fittings 

or rod ends. This proposed AD would 

require replacing any cracked or failed 

part before further flight. 

In addition, the Brazilian 

airworthiness directive does not specify 

what operators should do when no 

cracked or failed aileron PCA rod ends 

or connecting fittings are found. This 

AD would require the inspection to be 

repeated at the intervals specified in the 

following table. 

TABLE.—REPEAT INSPECTION INTERVALS

For airplanes that have PCAs with these part numbers (P/N)— Repeat the inspection—

394900–1003 or 394900–1005 ................................................................ At intervals not to exceed 25 flight hours or 3 days, whichever occurs 

later. 

394900–1007 ............................................................................................ At intervals not to exceed 100 flight hours or 14 days, whichever occurs later. 

418800–1001, 418800–1003, 418800–9003, 418800–1005, 418800–

9005, 418800–1007, or 418800–9007; and that have new reinforced 

PCA fittings installed in accordance with paragraph (j) or (k) of this 

AD.

At intervals not to exced 500 flight hours. 

These differences have been 

coordinated with the DAC and they are 

in agreement. 

Change to Existing AD 

This proposed AD would retain 

certain requirements of AD 99–05–04. 

Since AD 99–05–04 was issued, the AD 

format has been revised, and certain 

paragraphs have been rearranged. As a 

result, the corresponding paragraph 

identifiers have changed in this 

proposed AD, as listed in the following 

table: 

REVISED PARAGRAPH IDENTIFIERS

Requirement in AD 

99–05–04 

Corresponding requirement in this proposed AD 

Paragraph (a) ............ Paragraph (f). 

Paragraph (b) ............ Paragraph (g). 

In addition, all references to a 

‘‘detailed visual inspection’’ have been 

changed to refer to a ‘‘detailed 

inspection.’’ A definition of detailed 

inspection is included in Note 1 of the 

proposed AD. 

We have also removed the 

requirement in paragraph (c) of AD 99–

05–04 to send a report of any cracked 

or failed rod end to the Manager, 

Atlanta Aircraft Certification Office, 

FAA. We no longer need this 

information from operators. 

Interim Action 

We consider this proposed AD 

interim action. If final action is later 

identified, we may consider further 

rulemaking then. 

Costs of Compliance 

The following table provides the 

estimated costs for U.S. operators to 

comply with this proposed AD. 

ESTIMATED COSTS

Action Work 

hours 

Average 

labor rate 

per hour 

Parts Cost per airplane 

Number 

of U.S.- 

registered 

airplanes 

Fleet cost 

Inspections (required by AD 

99–05–04).

1 $65 None .... $65, per inspection cycle ....... 661 $42,965, per inspection cycle. 

Inspections (new proposed action for airplanes subject to 

EMBRAER Service Bulletin 

145–27–0054).

1 65 None .... $65, per inspection cycle ....... 661 $42,965, per inspection cycle. 

Replacing the PCA connecting 

fittings (new proposed action).

24 65 $19,817 $21,377 ................................... 661 $14,130,197. 

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 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD 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. 

For the reasons discussed above, I 

certify that the 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. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules 72729 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed 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, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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 removing amendment 39–11087 (64 

FR 13829, March 23, 1999) and adding 

the following new airworthiness 

directive (AD): 

Empresa Brasileira De Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2005–

23145; Directorate Identifier 2000–NM–

215–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by January 6, 2006. 

Affected ADs 

(b) This AD supersedes AD 99–05–04. 

Applicability 

(c) This AD applies to all EMBRAER Model 

EMB–145, –145ER, –145MR, –145LR, 

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

certificated in any category. 

Unsafe Condition 

(d) This AD results from the issuance of 

mandatory continuing airworthiness 

information by the Brazilian airworthiness 

authority. We are issuing this AD to detect 

and correct cracking or breaking of the rod 

ends and connecting fittings of the aileron 

power control actuator (PCA), 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. 

Restatement of Certain Requirements of AD 

99–05–04 

Initial and Repetitive Inspections 

(f) Within 24 hours (1 day) after March 29, 

1999 (the effective date of AD 99–05–04), 

perform a detailed inspection to detect 

cracking or failure of the rod ends of the PCA 

at the aileron and wing connection points, in 

accordance with EMBRAER Alert Service 

Bulletin 145–27–A054, Change 01, dated 

February 17, 1999; or EMBRAER Service 

Bulletin 145–27–0054, Change 03, dated 

March 30, 2000, or Change 04, dated 

February 14, 2005. Repeat the inspection in 

accordance with the service bulletin 

thereafter at intervals not to exceed 3 days or 

25 flight hours, whichever occurs later, until 

the initial inspection required by paragraph 

(h) of this AD is done. 

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 Actions 

(g) If any cracked or failed rod end is 

detected during any inspection performed in 

accordance with paragraph (f) of this AD, 

prior to further flight, replace the aileron 

PCA with a new part having the same part 

number, in accordance with EMBRAER Alert 

Service Bulletin 145–27–A054, Change 01, 

dated February 17, 1999; or EMBRAER 

Service Bulletin 145–27–0062, Revision 03, 

dated December 11, 2002, or Revision 04, 

dated March 8, 2004. After the effective date 

of this AD replace the aileron PCA only with 

a new part that is listed in the ‘‘New P/N’’

column in section 2. ‘‘Material—Cost and 

Availability’’ of EMBRAER Service Bulletin 

145–27–0062, Revision 03, dated December 

11, 2002, or Revision 04, dated March 8, 

2004. Do the replacement in accordance with 

the Accomplishment Instructions of the 

service bulletin. Where the service bulletin 

says to send parts to the parts manufacturer, 

that action is not required by this AD. 

New Requirements of This AD 

Repetitive Inspections 

(h) At the applicable ‘‘Initial Inspection’’

compliance time in Table 1 of this AD: Do 

a general visual inspection to detect cracking 

or failure of the rod ends and connecting 

fittings in the left- and right-hand PCAs at the 

aileron and wing structure connection points, 

in accordance with Part I of the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145–27–0054, Change 03, 

dated March 30, 2000, or Change 04, dated 

February 14, 2005. Repeat the inspection at 

the applicable ‘‘Repeat’’ interval in Table 1 

of this AD. Doing the initial inspection in 

accordance with paragraph (h) of this AD 

terminates the repetitive inspections in 

paragraph (f) of this AD. 

TABLE 1.—INITIAL AND REPETITIVE INSPECTION INTERVALS

For airplanes that have PCAs with part numbers (P/N)— Do the initial inspection— Repeat the inspection—

394900–1003, 394900–1005 ............................................ Within 3 days after the effective date of this AD.At intervals not to exceed 25 flight hours or 3 days, 

whichever occurs later. 

394900–1007 .................................................................... Within 14 days after the effective date of this AD.At intervals not to exceed 100 flight hours or 14 days, 

whichever occurs later. 

418800–1001, 418800–1003, 418800–9003,418800–

1005, 418800–9005, 418800–1007, or 418800–9007; 

and that have new reinforced PCA fittings installed in 

accordance with paragraph (k) or (l) of this AD.

Within 500 flight hours after 

the effective date of this 

AD.

At intervals not to exceed 500 flight hours. 

Note 2: For the purposes of this AD, a 

general visual inspection is ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to enhance visual access to 

all exposed surfaces in the inspection area. 

This level of inspection is made under 

normally available lighting conditions such 

as daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

No Cracked or Failed PCA Rod Ends or 

Connecting Fittings 

(i) If no cracked or failed PCA rod end or 

connecting fitting is found during any 

inspection required by paragraph (h) of this 

AD: Repeat the inspection required by 

paragraph (h) of this AD at the applicable 

time specified in Table 1 of this AD. 

Corrective Actions for Cracked or Failed Rod 

Ends 

(j) If any cracked or failed rod end is found 

during any inspection required by paragraph 

(h) of this AD: Before further flight, replace 

the aileron PCA with a new part as listed in 

the ‘‘New P/N’’ column in section 2. 

72730 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules 

‘‘Material—Cost and Availability’’ of 

EMBRAER Service Bulletin 145–27–0062, 

Revision 03, dated December 11, 2002, or 

Revision 04, dated March 8, 2004. Do the 

replacement in accordance with the 

Accomplishment Instructions of the service 

bulletin. Where the service bulletin specifies 

to send parts to the parts manufacturer, that 

action is not required by this AD. 

Corrective Actions for Cracked or Failed PCA 

Connecting Fittings 

(k) If any cracked or failed PCA connecting 

fitting at the wing or aileron side is found 

during any inspection required by paragraph 

(h) of this AD: Before further flight, replace 

the PCA connecting fitting with a new, 

reinforced fitting, in accordance with Part I 

of the Accomplishment Instructions of 

EMBRAER Service Bulletin 145–57–0019, 

Change 02, dated May 3, 2001, or Change 03, 

dated February 11, 2004; and EMBRAER 

Service Bulletin 145–27–0061, Change 02, 

dated September 12, 2000, Change 03, dated 

March 14, 2001, or Revision 04, dated August 

11, 2004. 

PCA Connecting Fitting Replacement 

(l) For airplanes with aileron PCAs with 

P/N 394900–1003, 394900–1005, 394900–

1007, 418800–1001, 418800–1003, 418800–

9003, 418800–1005, 418800–9005, 418800–

1007, or 418800–9007: Except as required by 

paragraph (k) of this AD, at the applicable 

time in paragraphs (l)(1) and (l)(2) of this AD, 

replace the aileron PCA connecting fittings 

with new, reinforced fittings, in accordance 

with Part I of the Accomplishment 

Instructions of EMBRAER Service Bulletin 

145–57–0019, Change 02, dated May 3, 2001, 

or Change 03, dated February 11, 2004; and 

Part I of the Accomplishment Instructions of 

EMBRAER Service Bulletin 145–27–0061, 

Change 02, dated September 12, 2000, 

Change 03, dated March 14, 2001, or 

Revision 04, dated August 11, 2004. 

(1) For airplanes with PCAs with 

P/N 394900–1003, 394900–1005, or 394900–

1007: At the later of the times in paragraphs 

(l)(1)(i) and (l)(1)(ii) of this AD. 

(i) Before the airplane accumulates 6,000 

total flight hours. 

(ii) Within 3 days or 25 flight hours after 

the effective date of this AD, whichever 

occurs later. 

(2) For airplanes with PCAs with P/N 

418800–1001, 418800–1003, 418800–9003, 

418800–1005, 418800–9005, 418800–1007, or 

418800–9007: Before the airplane 

accumulates 6,000 total flight hours, or 

within 600 flight hours after the effective 

date of this AD, whichever occurs later. 

(m) For airplanes with PCAs with P/N 

418800–1001, 418800–1003, 418800–9003, 

418800–1005, 418800–9005, 418800–1007, or 

418800–9007: At the applicable time 

specified in Table 1 of this AD following the 

replacement specified in paragraph (l) of this 

AD, do a general visual inspection of the 

replaced part using a method approved by 

either the Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA; or the Departmento de Aviacao Civil 

(or its delegated agent). Doing the inspections 

in accordance with EMBRAER EMB–145 

Aircraft Maintenance Manual Task 27–12–

01–212–002–A00, ‘‘Inspect (Visual 

Inspection) Aileron PCA Rod Ends/Fitting 

Lugs for Integrity and General Condition’’, is 

one approved method. Thereafter, repeat the 

inspection at the applicable time specified in 

Table 1 of this AD. 

Optional Terminating Action 

(n) Airplanes that meet all conditions in 

paragraphs (n)(1), (n)(2), (n)(3), and (n)(4) of 

this AD are not subject to the requirements 

of paragraphs (f), (h), (i), (j), (k), (l), and (m) 

of this AD. 

(1) The airplane is equipped with new 

aileron PCAs with P/N 418800–1001, 

418800–1003, 418800–9003, 418800–1005, 

418800–9005, 418800–1007, or 418800–9007. 

(2) The airplane is equipped with new, 

reinforced PCA fittings installed in 

production or in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145–57–0019, Change 02, 

dated May 3, 2001, or Change 03, dated 

February 11, 2004; and EMBRAER Service 

Bulletin 145–27–0061, Change 02, dated 

September 12, 2000, Change 03, dated March 

14, 2001, or Revision 04, dated August 11, 

2004; as applicable. 

(3) The airplane is equipped with an 

aileron damper with P/N 41012130–103 or 

41012130–104 that was installed in 

production or in accordance with the 

Accomplishment Instructions of any service 

bulletin listed in Table 2 of this AD. 

TABLE 2.—AILERON DAMPER INSTALLATION SERVICE BULLETINS

EMBRAER service bulletin Revision level Date 

145–27–0063 ................................................................................................................................... Original ...................... March 30, 2000. 

145–27–0063 ................................................................................................................................... Change 01 ................. October 2, 2000. 

145–27–0063 ................................................................................................................................... Change 02 ................. March 22, 2002. 

145–27–0063 ................................................................................................................................... Change 03 ................. May 27, 2004. 

145–27–0063 ................................................................................................................................... Revision 04 ............... October 13, 2004. 

145–27–0063 ................................................................................................................................... Revision 05 ............... March 16, 2005. 

(4) The general visual inspections for 

structural integrity of the aileron PCA and 

the aileron damper terminals and fittings at 

the wing and aileron sides at intervals not 

exceeding 1,000 flight hours, established in 

the EMBRAER Model EMB–145 Maintenance 

Review Board document, are implemented. 

Alternative Methods of Compliance (AMOCs) 

(o)(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. 

(3) Alternative methods of compliance 

approved previously in accordance with AD 

99–05–04 are approved as alternative 

methods of compliance with this AD. 

Related Information 

(p) Brazilian airworthiness directive 1999–

02–01R6, dated June 21, 2004, also addresses 

the subject of this AD. 

Issued in Renton, Washington, on 

November 1, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–23702 Filed 12–6–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 41, 158, 286 and 349 

[Docket No. RM06–2–000] 

Procedures for Disposition of 

Contested Audit Matters 

November 30, 2005. 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Notice of proposed rulemaking: 

Extension of comment period. 

SUMMARY: On October 20, 2005, the 

Federal Energy Regulatory Commission 

issued a Notice of Proposed Rulemaking 

regarding procedures for the disposition 

of contested audit matters (70 FR 65866, 

November 1, 2005). The Commission is