[Federal Register: May 16, 2006 (Volume 71, Number 94)]
[Rules and Regulations]
[Page 28256-28257]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my06-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24120; Directorate Identifier 2006-NM-021-AD;
Amendment 39-14593; AD 2006-10-09]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes
in Operation
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 all
Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120, -120ER,
-120FC, -120QC, and -120RT airplanes in operation. This AD requires
replacing the protective tubes and conduits of the wiring harnesses of
the refueling vent and pilot valves with non-conductive hoses;
modifying the harness wiring and supports; and rerouting the harnesses
to prevent interference with adjacent strobe light connectors; as
applicable. This AD results from a fuel system review conducted by the
manufacturer. We are issuing this AD to prevent a potential source of
ignition near a fuel tank, which, in combination with flammable fuel
vapors, could result in a fuel tank explosion.
DATES: This AD becomes effective June 20, 2006.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of June 20,
2006.
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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2125; 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 all Empresa Brasileira
de Aeronautica S.A. (EMBRAER) EMB- 120( ) airplane models in operation.
That NPRM was published in the Federal Register on March 14, 2006 (71
FR 13058). That NPRM proposed to require replacing the protective tubes
and conduits of the wiring harnesses of the refueling vent and pilot
valves with non-conductive hoses; modifying the harness wiring and
supports; and rerouting the harnesses to prevent interference with
adjacent strobe light connectors; as applicable.
Comments
We provided the public the opportunity to participate in the
development of this AD. We received no comments on the NPRM or on the
determination of the cost to the public.
Explanation of Change to Applicability
We have revised the applicability of the existing 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 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 will affect about 180 airplanes of U.S. registry. The
required actions will take between 4 and 24 work hours per airplane, at
an average labor rate of $65 per work hour. Required parts will cost
between $555 and $6,179 per airplane. Based on these figures, which
depend upon airplane configuration, the estimated cost of this AD for
U.S. operators is between $146,700 and $1,393,020, or between $815 and
$7,739 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 and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
[[Page 28257]]
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):
2006-10-09 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14593. Docket No. FAA-2006-24120; Directorate
Identifier 2006-NM-021-AD.
Effective Date
(a) This AD becomes effective June 20, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model EMB-120, -120ER, -
120FC, -120QC, and -120RT airplanes in operation, certificated in
any category.
Unsafe Condition
(d) This AD results from a fuel system review conducted by the
manufacturer. We are issuing this AD to prevent a potential source
of ignition near a fuel tank, which, in combination with flammable
fuel vapors, could result in a fuel tank 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.
Rerouting Harnesses and Replacing Harness Conduits
(f) Within 5,000 flight hours after the effective date of this
AD, perform the actions specified in paragraph (f)(1) or (f)(2) of
this AD, as applicable, in accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin 120-28-0014, Revision 01,
dated November 4, 2004.
(1) For Group I airplanes as identified in paragraph 1.1.1(a) or
for Group II airplanes as identified in paragraph 1.1.1(b) of the
service bulletin, as applicable: Modify the supports and wiring of
the refueling vent and pilot valves wiring harnesses; reroute the
harnesses to prevent interference with adjacent strobe light
connectors; and replace the protective tubes and conduits of the
harnesses with non-conductive hoses; in accordance with Part I of
the Accomplishment Instructions of the service bulletin.
(2) For all remaining airplanes as identified in paragraph 1.1.2
of the service bulletin: Replace the protective tubes of the wiring
harnesses of the refueling vent and pilot valves with non-conductive
hoses; in accordance with Part II of the Accomplishment Instructions
of the service bulletin.
Credit for Prior Revision of Service Information
(g) Actions accomplished before the effective date of this AD in
accordance with EMBRAER Service Bulletin 120-28-0014, dated April
19, 2004, are considered acceptable for compliance with the
corresponding requirements 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 2005-12-04, effective
January 19, 2006, also addresses the subject of this AD.
Material Incorporated by Reference
(j) You must use EMBRAER Service Bulletin 120-28-0014, Revision
01, dated November 4, 2004, 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.
EMBRAER Service Bulletin 120-28-0014, Revision 01, dated November 4,
2004, contains the following effective pages:
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Revision level
Page No. shown on page Date shown on page
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1-4........................... 01.............. Nov. 4, 2004.
5-71.......................... Original........ April 19, 2004.
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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 May 8, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-4502 Filed 5-15-06; 8:45 am]
BILLING CODE 4910-13-P