[Federal Register: May 30, 2007 (Volume 72, Number 103)]
[Rules and Regulations]
[Page 29879-29881]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my07-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-27494; Directorate Identifier 2006-NM-269-AD;
Amendment 39-15071; AD 2007-11-14]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
It has been found that both fuel level control units (LCU) and
their associated harnesses throughout the aircraft does not comply
with the requirements of proper segregation, in order to preclude a
possible ignition source in the vicinity of the fuel tanks, as
required by SFAR (Special Federal Aviation Regulation) 88
regulations.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective July 5, 2007.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 5,
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.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Streamlined Issuance of AD
The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. This streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet our
technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
This AD references the MCAI and related service information that we
considered in forming the engineering basis to correct the unsafe
condition. The AD contains text copied from the MCAI and for this
reason might not follow our plain language principles.
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on March 8, 2007 (72 FR
10429). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
It has been found that both fuel level control units (LCU) and
their associated harnesses throughout the aircraft does not comply
with the requirements of proper segregation, in order to preclude a
possible ignition source in the vicinity of the fuel tanks, as
required by SFAR (Special Federal Aviation Regulation) 88
regulations.
The MCAI requires replacing the fuel LCU 1 and LCU 2; reworking the
LCU 1 and LCU 2 supports; and segregating, replacing, and reworking
some harnesses.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the available data and determined that air safety and
the
[[Page 29880]]
public interest require adopting the AD as proposed.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 2 products of U.S. registry.
We also estimate that it will take about 60 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Required parts will cost about $6,931 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these costs. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of the AD on U.S.
operators to be $23,462, or $11,731 per product.
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 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 this AD:
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 AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
; or in person at the Docket Management Facility between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains the NPRM, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
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 FAA amends Sec. 39.13 by adding the following new AD:
2007-11-14 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15071. Docket No. FAA-2007-27494; Directorate
Identifier 2006-NM-269-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective July 5,
2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-135BJ airplanes,
certificated in any category, serial numbers 145484, 145540, 145555,
145706, and 145711.
Subject
(d) Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been found that both fuel level control units (LCU) and
their associated harnesses throughout the aircraft does not comply
with the requirements of proper segregation, in order to preclude a
possible ignition source in the vicinity of the fuel tanks, as
required by SFAR (Special Federal Aviation Regulation) 88
regulations.
The MCAI requires replacing the fuel LCU 1 and LCU 2; reworking the
LCU 1 and LCU 2 supports; and segregating, replacing, and reworking
some harnesses.
Actions and Compliance
(f) Within 48 months or 5,000 flight hours after the effective
date of this AD, whichever occurs first, unless already done, do the
following actions: Replace LCU 1 and LCU 2 by new ones bearing P/N
(part number) 367-340-001, rework the LCU 1 and LCU 2 supports,
rework and segregate electrical harnesses W102S and W102P, replace
harnesses W164 and W221, and route electrical harnesses W1614 and
W1620 segregating W1614, according to the detailed instructions and
procedures described in EMBRAER Service Bulletin 145LEG-28-0020,
dated February 18, 2005.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
ATTN: Dan Rodina, Aerospace Engineer, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. 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.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they
[[Page 29881]]
are approved by the State of Design Authority (or their delegated
agent). You are required to assure the product is airworthy before
it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) Refer to MCAI Brazilian Airworthiness Directive 2006-09-05,
effective October 18, 2006; and EMBRAER Service Bulletin 145LEG-28-
0020, dated February 18, 2005, for related information.
Material Incorporated by Reference
(i) You must use EMBRAER Service Bulletin 145LEG-28-0020, dated
February 18, 2005, to do the actions required by this AD, unless the
AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP
12.225, Sao Jose dos Campos--SP, Brazil.
(3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call (202) 741-6030,
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.
Issued in Renton, Washington, on May 21, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-10108 Filed 5-29-07; 8:45 am]
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