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59244 Federal Register / Vol. 70, No.

196 / Wednesday, October 12, 2005 / Rules and Regulations

seats, part number (P/N) 312( )( )27–( )( )( ) (h)(3) of this AD to inspect and disposition EMBRAER Model EMB–135 airplanes
( )( ) and P/N 312( )( )36–( )( )( )( )( ). These the attachments. and Model EMB–145, –145ER, –145MR,
seats are installed in, but not limited to, –145LR, –145XR, –145MP, and –145EP
Alternative Methods of Compliance
Fokker Model F27 Mark 050, Mark 500, and
(j) The Manager, Boston Aircraft airplanes. This AD requires repetitive
Mark 600 airplanes.
(d) The parentheses appearing in the seat Certification Office, has the authority to detailed inspections for surface bruising
P/N indicate the presence or absence of an approve alternative methods of compliance of the main landing gear (MLG) trailing
additional letter(s), or number(s), that varies for this AD if requested using the procedures arms and integrity of the MLG pivot axle
the basic seat configuration. This AD still found in 14 CFR 39.19. sealant, and corrective actions if
applies regardless of whether these letters, or Related Information necessary. This AD also provides for
numbers, are present or absent in the seat P/ optional terminating action for the
N designation. (k) Ente Nazionale per l’Aviazione Civile
airworthiness directive AD 2001–479, dated repetitive detailed inspections. This AD
Unsafe Condition November 12, 2001, also addresses the results from a report of a fractured axle
(e) This AD results from 10 reports of subject of this AD. of the trailing arm of the MLG due to
cracked attachments of series 312 box corrosion of the axle. We are issuing this
Material Incorporated by Reference
mounted seats. We are issuing this AD to AD to prevent a broken trailing arm and
prevent series 312 box mounted seats from (l) You must use Aviointeriors Service consequent failure of the MLG, which
detaching from the passenger compartment Bulletin No. 312/912–05, Revision 1, dated could lead to loss of control and damage
floor, which could result in injury to the August 24, 2001, to perform the actions
required by this AD. The Director of the
to the airplane during takeoff or landing.
occupant of the seat, and prevent evacuation
of passengers in the event of an emergency. Federal Register approved the incorporation DATES: This AD becomes effective
by reference of this service bulletin in November 16, 2005.
Compliance accordance with 5 U.S.C. 552(a) and 1 CFR The Director of the Federal Register
(f) You are responsible for having the part 51. Contact Aviointeriors S.p.A., Via approved the incorporation by reference
actions required by this AD performed within Appia Km. 66.4—04013 Latina, Italy; of a certain publication listed in the AD
the compliance times specified unless the telephone: 39–0773–6891; fax: 39–0773– as of November 16, 2005.
actions have already been done. 631546, for a copy of this service
information. You may review copies at the ADDRESSES: You may examine the AD
Attachments That Have Already Docket Management Facility; U.S. docket on the Internet at http://
Accumulated 8,000 Hours Time-In-Service Department of Transportation, 400 Seventh dms.dot.gov or in person at the Docket
(TIS) or More Street, SW., Nassif Building, Room PL–401, Management Facility, U.S. Department
(g) For attachments that have already Washington, DC 20590–0001, on the internet of Transportation, 400 Seventh Street
accumulated 8,000 hours TIS or more on the at http://dms.dot.gov, or at the National SW., Nassif Building, room PL–401,
effective date of this AD, do the following: Archives and Records Administration Washington, DC.
(1) Within 90 days after the effective date (NARA). For information on the availability
of this material at NARA, call 202–741–6030,
Contact Empresa Brasileira de
of this AD, replace attachments with new
attachments of the same P/N, using Section or go to: http://www.archives.gov/federal- Aeronautica S.A. (EMBRAER), P.O. Box
2., Replacement Procedure, Steps 2.4 though register/cfr/ibr-locations.html. 343—CEP 12.225, Sao Jose dos
2.6 of Aviointeriors Service Bulletin No. 312/ Campos—SP, Brazil, for service
Issued in Burlington, Massachusetts, on
912–05, Revision 1, dated August 24, 2001. September 30, 2005.
information identified in this AD.
(2) Perform repetitive visual inspections as FOR FURTHER INFORMATION CONTACT:
specified in paragraph (i) of this AD. Francis A. Favara,
Acting Manager, Engine and Propeller
Todd Thompson, Aerospace Engineer,
Initial Visual Inspection Directorate, Aircraft Certification Service. International Branch, ANM–116, FAA,
(h) Perform an initial visual inspection of [FR Doc. 05–19941 Filed 10–11–05; 8:45 am]
Transport Airplane Directorate, 1601
the seat outboard and inboard attachments Lind Avenue, SW., Renton, Washington
BILLING CODE 4910–13–P
for cracks, within 90 days after the effective 98055–4056; telephone (425) 227–1175;
date of this AD, as follows: fax (425) 227–1149.
(1) Inspect seat outboard attachment, part SUPPLEMENTARY INFORMATION:
number (P/N) DM03313–1, and seat inboard DEPARTMENT OF TRANSPORTATION
attachment, P/N DM03314–1, using Section Examining the Docket
2., Inspection Procedure, Steps 2.1 through Federal Aviation Administration
2.5 of Aviointeriors Service Bulletin (SB) No. You may examine the AD docket on
312/912–05, Revision 1, dated August 24, 14 CFR Part 39 the Internet at http://dms.dot.gov or in
2001. person at the Docket Management
[Docket No. FAA–2005–20223; Directorate
(2) Replace any cracked attachment with a Identifier 2004–NM–193–AD; Amendment
Facility office between 9 a.m. and 5
new attachment of the same P/N, using 39–14334; AD 2005–20–37] p.m., Monday through Friday, except
Section 2., Replacement Procedure, Steps 2.4 Federal holidays. The Docket
though 2.6 of Aviointeriors SB No. 312/912– RIN 2120–AA64 Management Facility office (telephone
05, Revision 1, dated August 24, 2001. (800) 647–5227) is located on the plaza
(3) Replace attachments when they have Airworthiness Directives; Empresa
accumulated 8,000 hours time-in-service level of the Nassif Building at the street
Brasileira de Aeronautica S.A. address stated in the ADDRESSES section.
(TIS), with new attachments of the same P/ (EMBRAER) Model EMB–135BJ,
N, using Section 2., Replacement Procedure, –135ER, –135KE, –135KL, –135LR, Discussion
Steps 2.4 though 2.6 of Aviointeriors SB No.
312/912–05, Revision 1, dated August 24, –145, –145ER, –145MR, –145LR, The FAA issued a supplemental
2001. –145XR, –145MP, and –145EP notice of proposed rulemaking (NPRM)
Airplanes to amend 14 CFR part 39 to include an
Repetitive Visual Inspections
AGENCY: Federal Aviation AD that would apply to certain
(i) Within 650 hours TIS after the last EMBRAER Model EMB–135 and –145
inspection, or within 650 hours TIS after Administration (FAA), Department of
attachment was replaced, and whenever the Transportation (DOT). series airplanes. That supplemental
seat is being installed or removed, perform ACTION: Final rule. NPRM was published in the Federal
repetitive visual inspections for cracks, and Register on August 11, 2005 (70 FR
replace cracked seat outboard and inboard SUMMARY: The FAA is adopting a new 46788). That supplemental NPRM
attachments. Use paragraphs (h)(1) through airworthiness directive (AD) for all proposed to require repetitive detailed

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

inspections for surface bruising of the average labor rate of $65 per work hour. under the criteria of the Regulatory
main landing gear (MLG) trailing arms Based on these figures, the estimated Flexibility Act.
and integrity of the MLG pivot axle cost of the required inspection for U.S. We prepared a regulatory evaluation
sealant, and corrective actions if operators is $31,720, or $65 per of the estimated costs to comply with
necessary. The supplemental NPRM airplane. this AD and placed it in the AD docket.
also proposed to provide optional If required, the inspection of the MLG See the ADDRESSES section for a location
terminating action for the repetitive trailing arm surface and pivot axle to examine the regulatory evaluation.
detailed inspections. sealant will take about 1 work hour per
airplane, at an average labor rate of $65 List of Subjects in 14 CFR Part 39
Comments per work hour. Based on these figures, Air transportation, Aircraft, Aviation
We provided the public the the estimated cost of the inspection for safety, Incorporation by reference,
opportunity to participate in the U.S. operators is up to $31,720, or $65 Safety.
development of this AD. No comments per airplane, per inspection cycle. Adoption of the Amendment
have been received on the supplemental If required, the replacement of the
NPRM or on the determination of the MLG cardan and inspection of the ■ Accordingly, under the authority
cost to the public. internal surface of the MLG trailing arm delegated to me by the Administrator,
pivot axle will take about 1 work hour the FAA amends 14 CFR part 39 as
Clarification of Costs of Compliance
per MLG (two MLGs per airplane), at an follows:
We determined that the Costs of average labor rate of $65 per work hour.
Compliance of the supplemental NPRM Required parts will cost about $3,500 PART 39—AIRWORTHINESS
did not clearly indicate that airplanes per cardan. Based on these figures, the DIRECTIVES
having MLGs installed that do not have estimated cost of these actions for U.S.
cardan assembly part number (P/N) ■ 1. The authority citation for part 39
operators is $7,130 per airplane.
2309–2041–003 installed are not subject continues to read as follows:
to all requirements of the AD. We have Authority for this Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701.
revised the Costs of Compliance to Title 49 of the United States Code
§ 39.13 [Amended]
clarify that only airplanes having MLGs specifies the FAA’s authority to issue
installed that do have cardan assembly rules on aviation safety. Subtitle I, ■ 2. The Federal Aviation
P/N 2309–2041–003 installed are Section 106, describes the authority of Administration (FAA) amends § 39.13
subject to all requirements of this AD. the FAA Administrator. Subtitle VII, by adding the following new
Aviation Programs, describes in more airworthiness directive (AD):
Clarification of Alternative Method of
detail the scope of the Agency’s 2005–20–37 Empresa Brasileira De
Compliance (AMOC) Paragraph
authority. Aeronautica S.A. (EMBRAER):
We have revised this action to clarify We are issuing this rulemaking under Amendment 39–14334. Docket No.
the appropriate procedure for notifying the authority described in Subtitle VII, FAA–2005–20223; Directorate Identifier
the principal inspector before using any Part A, Subpart III, Section 44701, 2004–NM–193–AD.
approved AMOC on any airplane to ‘‘General requirements.’’ Under that Effective Date
which the AMOC applies. section, Congress charges the FAA with
(a) This AD becomes effective November
Correction of Typographical Error promoting safe flight of civil aircraft in 16, 2005.
air commerce by prescribing regulations
Paragraph (j) of this AD is required for for practices, methods, and procedures Affected ADs
all subject MLGs intended to be the Administrator finds necessary for (b) None.
installed on any affected airplane after safety in air commerce. This regulation Applicability
the effective date of this AD, therefore, is within the scope of that authority
the last sentence of paragraph (f) of the (c) This AD applies to all EMBRAER Model
because it addresses an unsafe condition
AD should read ‘‘ * * * except as EMB–135BJ, –135ER, –135KE, –135KL,
that is likely to exist or develop on –135LR, –145, –145ER, –145MR, –145LR,
provided by paragraph (j) of this AD.’’ products identified in this rulemaking –145XR, –145MP, and –145EP airplanes,
However, we noticed that paragraph (f) action. certificated in any category.
of the supplemental NPRM reads ‘‘
* * * except as provided by paragraph Regulatory Findings Unsafe Condition
(i) of this AD.’’ We have revised We have determined that this AD will (d) This AD was prompted by a report of
paragraph (f) of the AD accordingly to not have federalism implications under a fractured axle of the trailing arm of the
correct this typographical error from (i) Executive Order 13132. This AD will main landing gear (MLG) due to corrosion of
to (j) as described. not have a substantial direct effect on the axle. We are issuing this AD to prevent
We have carefully reviewed the a broken trailing arm and consequent failure
the States, on the relationship between
of the MLG, which could lead to loss of
available data and determined that air the national government and the States, control and damage to the airplane during
safety and the public interest require or on the distribution of power and takeoff or landing.
adopting the AD with the changes responsibilities among the various
described previously. We have levels of government. Compliance
determined that these changes will For the reasons discussed above, I (e) You are responsible for having the
neither increase the economic burden certify that this AD: actions required by this AD performed within
on any operator nor increase the scope (1) Is not a ‘‘significant regulatory the compliance times specified, unless the
of the AD. action’’ under Executive Order 12866; actions have already been done.
(2) Is not a ‘‘significant rule’’ under Part Number Verification
Costs of Compliance DOT Regulatory Policies and Procedures (f) Within 600 flight hours or 180 days after
This AD will affect about 488 (44 FR 11034, February 26, 1979); and the effective date of this AD, whichever
airplanes of U.S. registry. (3) Will not have a significant occurs first, inspect the left and right MLG
The part number verification will take economic impact, positive or negative, to determine whether cardan assembly part
about 1 work hour per airplane, at an on a substantial number of small entities number (P/N) 2309–2041–003 is installed. A

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

review of airplane maintenance records is Actions Accomplished According to DEPARTMENT OF TRANSPORTATION


acceptable in lieu of this inspection if the P/ Previous Issue of Service Bulletin
N of the cardan assembly can be conclusively Federal Aviation Administration
(i) Actions accomplished before the
determined from that review. If cardan P/N
effective date of this AD according to
2309–2041–003 is not installed in the MLG, 14 CFR Part 39
no further action is required for that MLG, EMBRAER Service Bulletin 145–32–0091,
except as provided by paragraph (j) of this dated February 19, 2004, are considered [Docket No. FAA–2005–20879; Directorate
AD. If cardan P/N 2309–2041–003 is installed acceptable for compliance with the Identifier 2004–NM–55–AD; Amendment 39–
in the MLG, continue with paragraph (g) of corresponding actions specified in this AD. 14326; AD 2005–20–29]
this AD.
Parts Installation RIN 2120–AA64
Inspection (j) As of the effective date of this AD, no
(g) Within 600 flight hours or 180 days person may install an MLG having a cardan Airworthiness Directives; Boeing
after the effective date of this AD, whichever assembly, part number 2309–2041–003, on Model 747–100, 747–100B, 747–100B
occurs first, perform a detailed inspection for any affected airplane, unless the SUD, 747–200B, 747–300, 747SP, and
surface bruising of the MLG trailing arms and requirements of paragraphs (g) and (h) of this 747SR Series Airplanes
integrity of the MLG pivot axle sealant; in AD, as applicable, have been accomplished.
accordance with the Accomplishment AGENCY: Federal Aviation
Instructions of EMBRAER Service Bulletin Alternative Methods of Compliance Administration (FAA), Department of
145–32–0091, Change 01, dated July 1, 2004. (AMOCs) Transportation (DOT).
If no sign of sealant failure or bruising of the (k)(1) The Manager, International Branch, ACTION: Final rule.
trailing arm is found, repeat the inspection
ANM–116, Transport Airplane Directorate,
thereafter at intervals not to exceed 5,500 SUMMARY: The FAA is adopting a new
flight hours or 24 months, whichever occurs FAA, has the authority to approve AMOCs
airworthiness directive (AD) for certain
first, until paragraph (h) of this AD has been for this AD, if requested in accordance with
Boeing Model 747–100, 747–100B, 747–
accomplished. the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in
100B SUD, 747–200B, 747–300, 747SP,
Note 1: For the purposes of this AD, a and 747SR series airplanes. This AD
detailed inspection is: ‘‘An intensive accordance with § 39.19 on any airplane to
which the AMOC applies, notify the requires repetitive inspections to detect
examination of a specific item, installation, cracks in various areas of the upper
or assembly to detect damage, failure, or appropriate principal inspector in the FAA
irregularity. Available lighting is normally Flight Standards Certificate Holding District deck floor beams, and repair if
supplemented with a direct source of good Office. necessary. This AD results from fatigue
lighting at an intensity deemed appropriate. testing that revealed severed upper
Inspection aids such as mirror, magnifying Related Information chords of the upper deck floor beams
lenses, etc., may be necessary. Surface (l) Brazilian airworthiness directive 2004– due to fatigue cracking. We are issuing
cleaning and elaborate procedures may be 08–02, dated September 3, 2004, also this AD to detect and correct cracking in
required.’’ addresses the subject of this AD. the upper chords of the upper deck floor
beams. Undetected cracking could result
Corrective/Terminating Actions Material Incorporated by Reference
in large deflection or deformation of the
(h) If any sign of sealant failure or bruising (m) You must use EMBRAER Service upper deck floor beams, resulting in
of either trailing arm surface is found during Bulletin 145–32–0091, Change 01, dated July damage to wire bundles and control
any inspection required by paragraph (g) of 1, 2004, to perform the actions that are
this AD, prior to further flight, do paragraphs cables for the flight control system, and
required by this AD, unless the AD specifies reduced controllability of the airplane.
(h)(1), (h)(2), and (h)(3) of this AD. Do the
otherwise. The Director of the Federal Multiple adjacent severed floor beams
actions in accordance with the
Accomplishment Instructions of EMBRAER Register approved the incorporation by could result in rapid decompression of
Service Bulletin 145–32–0091, Change 01, reference of this document in accordance the airplane.
dated July 1, 2004. Accomplishment of with 5 U.S.C. 552(a) and 1 CFR part 51.
DATES: This AD becomes effective
paragraph (h) of this AD for any MLG ends Contact Empresa Brasileira de Aeronautica
S.A. (EMBRAER), PO Box 343—CEP 12.225,
November 16, 2005.
the repetitive inspections required by
paragraph (g) for that MLG. Sao Jose dos Campos—SP, Brazil, for a copy
The Director of the Federal Register
(1) Repair any bruising of the trailing arm of this service information. You may review
approved the incorporation by reference
surface. copies at the Docket Management Facility, of Boeing Service Bulletin 747–
(2) Replace the MLG cardan with a new, U.S. Department of Transportation, 400 53A2349, Revision 2, dated April 3,
improved cardan having P/N 2309–2041– Seventh Street SW., room PL–401, Nassif 2003; and Boeing Alert Service Bulletin
401. 747–53A2452, dated April 3, 2003; as of
Building, Washington, DC; on the Internet at
(3) Perform a detailed inspection for November 16, 2005.
corrosion of the internal surface of the http://dms.dot.gov; or at the National
Archives and Records Administration On June 27, 2002 (67 FR 36081, May
trailing arm pivot axle.
(NARA). For information on the availability 23, 2002), the Director of the Federal
(i) If no corrosion is found, prior to further
flight, apply protective paint and corrosion of this material at the NARA, call (202) 741– Register approved the incorporation by
inhibitors. 6030, or go to http://www.archives.gov/ reference of Boeing Alert Service
(ii) If corrosion is found, prior to further federal_register/code_of_federal_regulations/ Bulletin 747–53A2349, Revision 1,
flight, replace the pivot axle with a new pivot ibr_locations.html. dated October 12, 2000.
axle and apply corrosion inhibitors. On June 11, 1993 (58 FR 27927, May
Issued in Renton, Washington, on
Note 2: EMBRAER Service Bulletin 145– 12, 1993), the Director of the Federal
September 28, 2005.
32–0091, Change 01, dated July 1, 2004, Register approved the incorporation by
refers to Embraer Liebherr Equipamentos do Kalene C. Yanamura, reference of Boeing Service Bulletin
Brasil S.A. (ELEB) Service Bulletin 2309– Acting Manager, Transport Airplane 747–53–2349, dated June 27, 1991.
2002–32–04, Revision 01, dated May 24, Directorate, Aircraft Certification Service. ADDRESSES: You may examine the AD
2004, as an additional source of service [FR Doc. 05–20066 Filed 10–11–05; 8:45 am]
information for the inspection and repair of docket on the Internet at http://
the MLG components. The ELEB service BILLING CODE 4910–13–P dms.dot.gov or in person at the Docket
bulletin is included within the EMBRAER Management Facility, U.S. Department
service bulletin. of Transportation, 400 Seventh Street

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