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-135BJ airplanes. That NPRM was published in the Federal Register on April 11, 2006 (71 FR 18247). That NPRM proposed to require inspecting for missing fire blocking material on the left- and right-hand partitions of the forward baggage compartment door; replacing the seal on both partitions; and performing corrective action if necessary.
Comments
We provided the public the opportunity to participate in the development of this AD. We have considered the comments received.
Request To Add Revised Service Information to Applicability Section
The manufacturer, EMBRAER, advises that the service bulletin specified in the NPRM has been revised. EMBRAER notes that EMBRAER Service Bulletin 145LEG-25-0060, Revision 01, dated March 3, 2006, extends the compliance time to coincide with the Brazilian airworthiness directive and contains minor changes. EMBRAER asks that we add the revised service bulletin to the applicability section.
We agree with EMBRAER. We have reviewed Revision 01 of the service bulletin and note that it does not necessitate additional work. We have changed the applicability section of the AD to refer to Revision 01. We have also revised paragraph (f) of the AD to reflect the revised service bulletin. In addition, we have added a new paragraph (g) to this AD specifying that accomplishment of the actions specified in paragraph (f) of the AD in accordance with the original issue of the service bulletin is considered to be an acceptable method of compliance. Subsequent paragraphs of the AD have been re-identified accordingly.
Request To Change Terminology
EMBRAER also asks that the statement of the unsafe condition specified in the NPRM be changed to the following: "We are issuing this AD to detect and correct such discrepancies on the partitions of the forward baggage compartment partition, which, in the event of a fire in the baggage compartment, could result in smoke propagating into the main cabin." EMBRAER states that instead of the forward baggage compartment "door," the subject area should be named the forward baggage compartment "partition."
We agree with EMBRAER and have changed the terminology throughout the AD as follows: "We are issuing this AD to detect and correct such discrepancies on the forward baggage compartment partition, which, in the event of a fire in the baggage compartment, couldresult in smoke propagating into the main cabin."
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. These changes will neither increase the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
The following table provides the estimated costs for U.S. operators to comply with this AD.
Estimated Costs
Action
Work hours
Average labor rate per hour
Parts
Cost per airplane
Number of U.S.-
registered airplanes
Fleet cost
Inspection
1
$80
None
$80
23
$1,840
Seal Replacement
7
$80
Minimal
$560
23
$12,880
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, describesin 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.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):