[Federal Register: January 25, 2007 (Volume 72, Number 16)]
[Rules and Regulations]
[Page 3350-3352]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja07-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25889; Directorate Identifier 2006-NM-168-AD;
Amendment 39-14902; AD 2007-02-15]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain EMBRAER Model ERJ 170 airplanes. This AD requires replacement
of certain electrical bonding clamps and attaching hardware with new or
serviceable parts, as applicable, and other specified action. This AD
results from failure of an electrical bonding clamp, used to attach the
electrical bonding straps to the fuel system lines. We are issuing this
AD to prevent loss of bonding protection in the interior of the fuel
tanks or adjacent areas that, in combination with lightning strike,
could result in a fuel tank explosion and consequent loss of the
airplane.
DATES: This AD becomes effective March 1, 2007.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 1,
2007.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC.
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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington
[[Page 3351]]
98057-3356; telephone (425) 227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
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
ERJ 170 airplanes. That NPRM was published in the Federal Register on
September 26, 2006 (71 FR 56062). That NPRM proposed to require
replacement of certain electrical bonding clamps and attaching hardware
with new or serviceable parts, as applicable, and other specified
action.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Extend Compliance Time
EMBRAER requests that we extend the compliance from 5,000 flight
hours to 6,600 flight hours. EMBRAER states that 6,000 flight hours
corresponds with a heavy maintenance visit, and that an additional 600
flight hours is needed for the logistics associated with such
maintenance intervention. As justification, EMBRAER states that (1)
There is a large number of bonding clamps to replace, (2) low levels of
lightning currents were measured on the tank tubes during airplane
certification testing, and (3) very conservative results were obtained
during laboratory lightning tests of the tank tubes.
We agree. Extending the compliance time to 6,600 flight hours will
not adversely affect safety and will allow the replacement to be
performed during regularly scheduled maintenance at a base where
special equipment and trained maintenance personnel will be available
if necessary. Further, we have coordinated with the Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil (ANAC), which is the
airworthiness authority for Brazil, and ANAC agrees with extending the
compliance time as proposed by the commenter. Therefore, we have
revised paragraph (f) of this AD to specify a compliance time of 6,600
flight hours.
Request To Publish Service Information
The Modification and Replacement Parts Association (MARPA) states
that, typically, ADs are based on service information originating with
the type certificate holder or its suppliers. MARPA adds that
manufacturer service documents are privately authored instruments
generally having copyright protection against duplication and
distribution. MARPA notes that when a service document is incorporated
by reference into a public document, such as an AD, it loses its
private, protected status and becomes a public document. MARPA adds
that if a service document is used as a mandatory element of
compliance, it should not simply be referenced, but should be
incorporated into the regulatory document; by definition, public laws
must be public, which means they cannot rely upon private writings.
MARPA adds that incorporated by reference service documents should be
made available to the public by publication in the Docket Management
System (DMS), keyed to the action that incorporates them. MARPA notes
that the stated purpose of the incorporation by reference method is
brevity, to keep from expanding the Federal Register needlessly by
publishing documents already in the hands of the affected individuals;
traditionally, ``affected individuals'' means aircraft owners and
operators, who are generally provided service information by the
manufacturer. MARPA adds that a new class of affected individuals has
emerged, since the majority of aircraft maintenance is now performed by
specialty shops instead of aircraft owners and operators. MARPA notes
that this new class includes maintenance and repair organizations,
component servicing and repair shops, parts purveyors and distributors,
and organizations manufacturing or servicing alternatively certified
parts under section 21.303 (``Replacement and modification parts'') of
the Federal Aviation Regulations (14 CFR 21.303). Therefore, MARPA asks
that the service documents deemed essential to the accomplishment of
the NPRM be incorporated by reference into the regulatory instrument
and published in DMS.
We understand MARPA's comment concerning incorporation by
reference. The Office of the Federal Register (OFR) requires that
documents that are necessary to accomplish the requirements of the AD
be incorporated by reference during the final rule phase of rulemaking.
This final rule incorporates by reference the document necessary for
the accomplishment of the requirements mandated by this AD. Further, we
point out that while documents that are incorporated by reference do
become public information, they do not lose their copyright protection.
For that reason, we advise the public to contact the manufacturer to
obtain copies of the referenced service information.
In regard to the commenter's request to post service bulletins on
DMS, we are currently in the process of reviewing issues surrounding
the posting of service bulletins on DMS as part of an AD docket. Once
we have thoroughly examined all aspects of this issue and have made a
final determination, we will consider whether our current practice
needs to be revised. No change to the final rule is necessary in
response to this comment.
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 change described previously.
We have determined that this change will neither increase the economic
burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD affects about 68 airplanes of U.S. registry. The required
actions take about 1 work hour per airplane, at an average labor rate
of $80 per work hour. Required parts cost about $41 per airplane. Based
on these figures, the estimated cost of the AD for U.S. operators is
$8,228, or $121 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
[[Page 3352]]
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
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2007-02-15 Empresa Brasileira De Aeronautica S.A. (EMBRAER):
Amendment 39-14902. Docket No. FAA-2006-25889; Directorate
Identifier 2006-NM-168-AD.
Effective Date
(a) This AD becomes effective March 1, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, and -100 SU airplanes, certificated in any category; serial
numbers 17000007, 17000033, 17000034, 17000036 through 17000046
inclusive, and 17000050 through 17000067 inclusive.
Unsafe Condition
(d) This AD results from failure of an electrical bonding clamp,
used to attach the electrical bonding straps to the fuel system
lines. We are issuing this AD to prevent loss of bonding protection
in the interior of the fuel tanks or adjacent areas that, in
combination with lightning strike, could result in a fuel tank
explosion and consequent 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.
Replacement
(f) Within 6,600 flight hours after the effective date of this
AD: Replace all electrical bonding clamps having part number AN735D4
or AN735D6 with new clamps and replace the attaching hardware with
new or serviceable attaching hardware, and do the other specified
action, by accomplishing all of the actions specified in the
Accomplishment Instructions of EMBRAER Service Bulletin 170-28-0009,
Revision 01, dated February 23, 2006. The other specified action
must be done before further flight.
Credit for Previous Service Bulletin
(g) Actions done before the effective date of this AD in
accordance with EMBRAER Service Bulletin 170-28-0009, dated December
30, 2005, are acceptable for compliance with the requirements of
paragraph (f) of this AD.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, International Branch, ANM-116, 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 2006-06-03, effective July
7, 2006, also addresses the subject of this AD.
Material Incorporated by Reference
(j) You must use EMBRAER Service Bulletin 170-28-0009, Revision
01, dated February 23, 2006, to perform the actions that are
required by this AD, unless the AD specifies otherwise. The Director
of the Federal Register approved the incorporation by reference of
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for a copy of this
service information. You may review copies at the Docket Management
Facility, U.S. Department of Transportation, 400 Seventh Street,
SW., Room PL-401, Nassif Building, Washington, DC; on the Internet
at http://dms.dot.gov; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Issued in Renton, Washington, on January 11, 2007.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-899 Filed 1-24-07; 8:45 am]
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