[Federal Register: December 6, 2006 (Volume 71, Number 234)]
[Rules and Regulations]
[Page 70648-70650]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de06-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24696; Directorate Identifier 2006-NM-038-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP Airplanes; and Model EMB-135BJ, -135ER, -135KE, -135KL, and -
135LR 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 an airworthiness
directive (AD) that applies to certain EMBRAER Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes. The original NPRM
would have required replacing the electrical bonding clamps inside the
fuel tanks and adjacent areas. The original NPRM resulted from a report
of the failure of a fitting clamp of an electrical bonding cable for
the fuel tubing. This action revises the original NPRM by adding
airplanes to the applicability. We are proposing this supplemental NPRM
to prevent loss of bonding protection in the interior of the fuel tanks
or adjacent areas, and a consequent potential source of ignition in a
fuel tank and possible fire or explosion.
DATES: We must receive comments on this supplemental NPRM by January 2,
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 proposed AD.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
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-2006-24696; Directorate Identifier 2006-NM-038-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
[[Page 70649]]
(NPRM) for an airworthiness directive (AD) (the ``original NPRM''). The
original NPRM applies to certain EMBRAER Model EMB-145, -145ER, -145MR,
-145LR, -145XR, -145MP, and -145EP airplanes. The original NPRM was
published in the Federal Register on May 9, 2006 (71 FR 26880). The
original NPRM proposed to require replacing the electrical bonding
clamps inside the fuel tanks and adjacent areas.
Since we issued the original NPRM, the Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC), which is the airworthiness
authority for Brazil, notified us that the unsafe condition identified
in the original NPRM might exist on EMBRAER Model EMB-135 airplanes, in
addition to the airplanes identified in the original NPRM. The ANAC
issued Brazilian airworthiness directive 2006-02-03R2, effective
October 8, 2006, to address the subject unsafe condition on these
airplanes. Brazilian airworthiness directive 2006-02-03R2, which was
issued to remove airplanes from the applicability, supersedes Brazilian
airworthiness directive 2006-02-03R1, effective June 28, 2006.
Brazilian airworthiness directive 2006-02-03R1, which was issued to add
new airplanes to the applicability and new requirements, supersedes
Brazilian airworthiness directive 2006-02-03, effective February 24,
2006. Brazilian airworthiness directive 2006-02-03 was referenced as
the parallel Brazilian airworthiness directive in the original NPRM.
Relevant Service Information
EMBRAER has issued Service Bulletin 145LEG-28-0030, dated April 19,
2006, for Model EMB-135 airplanes. The service bulletin describes
procedures for replacing the electrical bonding clamps, having part
numbers AN735D4 and AN735D6, and their associated attaching parts,
inside the forward fuel tank. The replacement includes measuring the
electrical resistance between the tubes joined by the electrical
bonding jumper. If the resistance is greater than 200 milliohms, the
service bulletin describes repeating the clamp replacement and
measuring/adjusting the resistance until the resistance value is 200
milliohms or less. When the resistance is 200 milliohms or less, the
service bulletin describes procedures for making the bonding protection
inside the forward fuel tank. These procedures are the same as those
described in EMBRAER Service Bulletin 145-28-0028, dated November 7,
2005, for Model EMB-145 airplanes, as described in the original NPRM.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The ANAC mandated
the service information and issued Brazilian airworthiness directive
2006-02-03R2, effective October 8, 2006, to ensure the continued
airworthiness of these airplanes in Brazil.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
The 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
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
Estimated Costs
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Number of
Average U.S.-
Action Work hours labor rate Parts Cost per airplane registered Fleet cost
per hour airplanes
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Replacement of bonding clamp (all 2 $80 Between $33 and $87, per Between $193 and $247 20 Between $3,860 and
airplane groups). kit (depending on kit/ (depending on kit/ $4,940 (depending on
airplane group). airplane group). kit/airplane group).
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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 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
0
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
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
[[Page 70650]]
Sec. 39.13 [Amended]
0
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-
2006-24696; Directorate Identifier 2006-NM-038-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by January
2, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes identified in Table 1 of
this AD, certificated in any category.
Table 1.--Applicability
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EMBRAER model-- As identified in--
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EMB-145, -145ER, -145MR, -145LR, - EMBRAER Service Bulletin 145-28-
145XR, -145MP, and -145EP airplanes. 0028, dated November 7, 2005.
EMB-135BJ, -135ER, -135KE, -135KL, and - EMBRAER Service Bulletin 145LEG-
135LR airplanes. 28-0030, dated April 19, 2006.
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Unsafe Condition
(d) This AD results from a report of the failure of a fitting
clamp of an electrical bonding cable for the fuel tubing. We are
issuing this AD to prevent loss of bonding protection in the
interior of the fuel tanks or adjacent areas, and a consequent
potential source of ignition in a fuel tank and possible fire or
explosion.
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.
Electrical Bonding Clamp Replacement
(f) At the time specified in paragraph (f)(1) or (f)(2) of this
AD, as applicable: Replace the electrical bonding clamps having part
numbers AN735D6 and AN735D4 inside the forward fuel tank or the
ventral, wing stub, and wing fuel tanks, and adjacent areas, as
applicable; by accomplishing all actions specified in the
Accomplishment Instructions of the applicable service bulletin
identified in Table 2 of this AD.
Table 2.--Applicable Service Information
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For EMBRAER model-- Use--
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EMB-145, -145ER, -145MR, -145LR, - EMBRAER Service Bulletin 145-28-
145XR, -145MP, and -145EP airplanes. 0028, dated November 7, 2005.
EMB-135BJ, -135ER, -135KE, -135KL, and - EMBRAER Service Bulletin 145LEG-
135LR airplanes. 28-0030, dated April 19, 2006.
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(1) For Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes; and Model EMB-135ER, -135KE, -135KL, and -
135LR airplanes: Within 5,000 flight hours after the effective date
of this AD.
(2) For Model EMB-135BJ airplanes: Within 4,000 flight hours or
48 calendar months after the effective date of this AD, whichever
occurs first.
Alternative Methods of Compliance (AMOCs)
(g)(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
(h) Brazilian airworthiness directive 2006-02-03R2, effective
October 8, 2006, also addresses the subject of this AD.
Issued in Renton, Washington, on November 20, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-20629 Filed 12-5-06; 8:45 am]
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