[Federal Register: March 30, 2007 (Volume 72, Number 61)]
[Proposed Rules]
[Page 15075-15077]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr07-21]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26354; Directorate Identifier 2006-NM-196-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 Airplanes and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: The FAA is revising an earlier NPRM for certain EMBRAER Model
EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes. The original NPRM would have required
replacing the metallic tubes enclosing the vent and pilot valve wires
in the left- and right-hand wing fuel tanks with non-conductive hoses.
The original NPRM resulted from fuel system reviews conducted by the
manufacturer. This action revises the original NPRM by adding airplanes
to the applicability. We are proposing this supplemental NPRM to
prevent an ignition source inside the fuel tank that could ignite fuel
vapor and cause a fuel tank explosion and loss of the airplane.
DATES: We must receive comments on this supplemental NPRM by April 24,
2007.
ADDRESSES: Use one of the following addresses to submit comments on
this supplemental NPRM.
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 AD.
FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1503; fax (425) 227-1503.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this supplemental NPRM. Send your comments to an
address listed in the ADDRESSES section. Include the docket number
``Docket No. FAA-2006-26354; Directorate Identifier 2006-NM-196-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
supplemental NPRM. We will consider all comments received by the
closing date and may amend this supplemental NPRM in light of those
comments.
We will post all comments submitted, 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 supplemental NPRM. 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 in the Nassif Building at the DOT
street address stated in ADDRESSES. Comments will be available in the
AD docket shortly after the Docket Management System receives them.
Discussion
We proposed to amend 14 CFR part 39 with a notice of proposed
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original
NPRM''). The original NPRM applies to certain EMBRAER Model EMB-135
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes. The original NPRM was published in the Federal
Register on November 20, 2006 (71 FR 67082). The original NPRM proposed
to require replacing the metallic tubes enclosing the vent and pilot
valve wires in the left- and right-hand wing fuel tanks with non-
conductive hoses.
Comments
We have considered the following comments on the original NPRM.
Support for the NPRM
Chautauqua Airlines expresses full support for the intent of the
NPRM and the initiatives taken by the FAA to enhance safety.
Request To Revise Service Information Reference
EMBRAER requests that we revise the NPRM to refer to current
service information. EMBRAER states that, although the NPRM specifies
Service Bulletin 145-28-0023, Revision 05,
[[Page 15076]]
dated May 15, 2006, as the latest revision, Revision 06 and Revision 07
have been issued. EMBRAER therefore proposes that the NPRM be revised
to cite EMBRAER Bulletin 145-28-0023, Revision 07, dated February 7,
2007, as the appropriate source of service information for
accomplishing the requirements of the AD; and that EMBRAER Service
Bulletin 145-28-0023, Revision 05, dated May 15, 2006; and Revision 06,
dated October 31, 2006; be included in Table 1 of the AD as acceptable
means of compliance.
We agree with this request as ADs should refer to current service
information. We have reviewed Service Bulletin 145-28-0023, Revision
06, dated October 31, 2006; and Revision 07, dated February 7, 2007;
which include additional airplanes in the effectivity. The procedures
in Revision 06 and Revision 07 are essentially the same as in Revision
05; however, Revision 06 corrects a few illustrative errors and
Revision 07 specifies a reduced parts cost. Accordingly, in the Costs
of Compliance of this supplemental NPRM, we have increased the number
of airplanes of U.S. registry specified to 623 airplanes and revised
the parts cost. We have also revised the supplemental NPRM to refer to
Service Bulletin 145-28-0023, Revision 07, as the appropriate source of
service information for accomplishing the proposed requirements of the
supplemental NPRM. Further, we have modified Table 1 of the
supplemental NPRM to give credit for the use of Service Bulletin 145-
28-0023, Revision 05 and Revision 06, prior to the effective date of
the AD.
Request for Revised Parts Costs
Chautauqua Airlines requests that we clarify the parts costs of the
NPRM, which are listed as ``between $1,121 and $1,796 per airplane.''
Chautauqua asserts that EMBRAER Service Bulletin 145-28-0023, Revision
05, clearly states kit pricing as ``reference price of U.S.
$1,795.53.'' Chautauqua points out that the $1,796 quoted in the NPRM
seems appropriate, but that the lower end of the range stated in the
NPRM is not mentioned anywhere in the referenced service bulletin.
We partially agree. The kit price of $1,121 does not appear in
Service Bulletin 145-28-0023, Revision 05, but appears in EMBRAER
Service Bulletin 145LEG-28-0018, Revision 01, dated April 20, 2005,
which applies only to Model EMB-135BJ airplanes. Therefore, as stated
in the original NPRM, the parts cost would have varied between $1,121
and $1,796, depending upon the airplane model. However, Service
Bulletin 145-28-0023, Revision 07, specifies a kit price of $1,788
rather than $1,796. Therefore, we have revised the parts cost of the
Costs of Compliance of the supplemental NPRM to reflect this reduced
figure for airplanes other than Model EMB-135BJ airplanes.
Request for Revised Work Hours
Chautauqua also requests that we revise the labor costs specified
in the NPRM. Chautauqua states that this NPRM (as with most others)
does not include time to disassemble, reassemble, or test, allowing one
man hour for the modification, where the service bulletin allows a
total of 4.5 man hours to disassemble, modify, reassemble, and test.
Chautauqua acknowledges that, as a general rule, the FAA does not
include times for disassembly, reassembly, or testing in proposed
rules, asserting however, that, over the years, these hours add up to
considerable expense that is not accounted for in the rulemaking
process. Chautauqua continues that the NPRM also does not include any
allowances for defueling the aircraft, which is one of the first
requirements of the service bulletin. Chautauqua asserts that most
operators would elect to perform the requirements of the AD during a
heavy check where the aircraft is already in a defueled state, stating
that, for those who perform this modification at any time other than a
heavy check, there may be additional costs associated with defueling.
Chautauqua asks why these times should not be included in the rule
making process, stating a firm belief that all associated costs should
be accounted for in any rulemaking decisions when those costs are so
clearly identified by the manufacturer.
We do not agree with this request. As noted by Chautauqua, the cost
information describes only the direct costs of the specific actions
required by this supplemental NPRM: in this case, the modification.
Based on the best data available, the manufacturer provided the number
of work hours (1 hour) necessary to do the required actions. This
number represents the time necessary to perform only the actions
actually required by this supplemental NPRM. We recognize that, in
doing the actions required by an AD, operators might incur incidental
costs in addition to the direct costs. The cost analysis in AD
rulemaking actions, however, typically does not include incidental
costs such as the time required to gain access and close up, time
necessary for planning, or time necessitated by other administrative
actions. Those incidental costs, which might vary significantly among
operators, are almost impossible to calculate. We have not changed the
supplemental NPRM in this regard.
Change to Costs of Compliance
We have been advised that there are 30 Model EMB-135BJ airplanes on
the U.S. register. As this allows us to specify a more precise fleet
cost estimate, we have changed the Costs of Compliance of the
supplemental NPRM accordingly.
Clarification of Applicability
To eliminate confusion, we have revised the applicability of this
supplemental NPRM to clearly identify which airplane models are
affected by each service bulletin.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
Certain changes discussed above expand the scope of the original
NPRM; therefore, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for public comment on
this supplemental NPRM.
Costs of Compliance
This supplemental NPRM would affect about 623 airplanes of U.S.
registry. The proposed actions would take about 1 work hour per
airplane, at an average labor rate of $80 per work hour. Required parts
would cost about $1,121 (for each of 30 Model EMB-135BJ airplanes) or
$1,788 (for each of 593 remaining airplanes). The cost per airplane
would be $1,201 or $1,868. Based on these figures, the estimated cost
of the supplemental NPRM for U.S. operators is $1,143,754.
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
[[Page 15077]]
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 under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this supplemental NPRM 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.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2006-26354; Directorate Identifier 2006-NM-196-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by April 24,
2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the following airplanes, certificated in
any category; as described in paragraph (c)(1) and (c)(2) of this
AD.
(1) EMBRAER Model EMB-135ER, -135KE, -135KL, and -135LR
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes; as identified in EMBRAER Service Bulletin 145-
28-0023, Revision 07, dated February 7, 2007.
(2) EMBRAER Model EMB-135BJ airplanes, as identified in EMBRAER
Service Bulletin 145LEG-28-0018, Revision 01, dated April 20, 2005.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent an ignition source
inside the fuel tank that could ignite fuel vapor and cause a fuel
tank explosion and loss 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.
Tube Replacement
(f) Within 5,000 flight hours or 48 months after the effective
date of this AD, whichever occurs first, replace the metallic tubes
enclosing the vent and pilot valve wires in the left- and right-hand
wing fuel tanks with new, improved, non-conductive hoses, in
accordance with the Accomplishment Instructions of the service
bulletin specified in paragraph (f)(1) or (f)(2) of this AD, as
applicable.
(1) For Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes: EMBRAER Service
Bulletin 145-28-0023, Revision 07, dated February 7, 2007.
(2) For Model EMB-135BJ airplanes: EMBRAER Service Bulletin
145LEG-28-0018, Revision 01, dated April 20, 2005.
Credit for Actions Done Using Previous Service Information
(g) Actions accomplished before the effective date of this AD in
accordance with the service information specified in Table 1 of this
AD are considered acceptable for compliance with the corresponding
actions specified in this AD.
Table 1.--Acceptable EMBRAER Service Information
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Service bulletin Revision level Date
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145-28-0023.................. Original........ April 19, 2004.
145-28-0023.................. 01.............. June 9, 2004.
145-28-0023.................. 02.............. November 8, 2004.
145-28-0023.................. 03.............. April 27, 2005.
145-28-0023.................. 04.............. November 7, 2005.
145-28-0023.................. 05.............. May 15, 2006.
145-28-0023.................. 06.............. October 31, 2006.
145LEG-28-0018............... Original........ April 23, 2004.
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Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, ANM-116, International Branch, 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 Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(i) Brazilian airworthiness directive 2006-06-02, effective June
28, 2006, also addresses the subject of this AD.
Issued in Renton, Washington, on March 23, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-5911 Filed 3-29-07; 8:45 am]
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