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 developmentof 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- incorporatedmodification 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 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 commentsreceived, 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.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):