The FAA proposed to amend 14 CFR part 39 with an AD for all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. That action, published in the Federal Register on March 31, 2005 (70 FR 16447), proposed to require inspecting to determine the part number of the left and right engine fire handles; and replacing the engine fire handles with engine fire handles having different part numbers if necessary.
Comments
We provided the public the opportunity to participate in the development of this AD. We have considered the single comment that has been submitted on the proposed AD.
Request To Allow Installation of Alternative Parts
The commenter asks that the language specified in the proposed AD be changed to allow installation of alternative parts. The commenter states that the proposed AD is objectionable because it specifies part numbers that are to be installed,to the exclusion of other possibly acceptable parts. The commenter notes that 14 CFR 21.303(a), Parts Manufacturing Approval (PMA), provides a legal mechanism for the installation of alternative parts; a rule that mandates only certain parts for installation contravenes existing law and may not be legally enforceable. The commenter adds that although no known PMA alternatives have been identified for the parts that are found defective per this proposed AD, it is still possible that parts now existing, or manufactured in the future, could be legally used in place of those specified in the proposed AD. The commenter states that allowing PMA alternatives can be accomplished by changing paragraph (f) of the proposed AD to add the phrase "or PMA alternatives" to the end of the sentence which identifies the part numbers for installation.
We do not agree. ADs are issued to provide a means of compliance for operators to ensure that the identified unsafe condition is properly addressed, and the service information referenced in this AD identifies the replacement parts necessary to obtain that compliance. It is impossible for us to foresee all the potential means to correct the unsafe condition, including the availability of replacement parts from sources other than the original manufacturer. This is especially true for yet-to-be designed replacement parts. It is our policy to allow the use of alternative parts, which may exist or may not yet be manufactured, in place of the replacement parts specified in the requirements of this AD only after a review of the design data for those parts to verify that the unsafe condition will not be reintroduced. This review is conducted once we receive a request for an alternative method of compliance. Any operator who would like to use an alternate type of engine fire handle may submit a request for approval of an alternative method of compliance, as specified in paragraph (i) of this AD. The request must include data substantiating that an acceptable level of safety would be maintained by use of the alternate type of engine fire handle. No change to the AD is needed in this regard.
Explanation of Change to Applicability
We have revised the applicability of the proposed AD to identify model designations as published in the most recent type certificate data sheet for the affected models.
Conclusion
We have carefully reviewed the available data, including the comment that has been submitted, and determined that air safety and the public interest require adopting the AD with the change described previously. This change will neither increase the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD will affect about 616 airplanes of U.S. registry. The actions would take about 2 work hours per airplane, at an average labor rate of $65 per work hour. Based on these figures, the estimated cost of the AD for U.S. operators is $80,080, or $130 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. 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, underthe 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 FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD):