[Federal Register: September 26, 2006 (Volume 71, Number 186)]
[Proposed Rules]
[Page 56062-56064]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se06-18]
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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]
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: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain EMBRAER Model ERJ 170 airplanes. This proposed AD would
require replacement of certain electrical bonding clamps and attaching
hardware with new or serviceable parts, as applicable, and other
specified action. This proposed AD results from failure of an
electrical bonding clamp, used to attach the electrical bonding straps
to the fuel system lines. We are proposing 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: We must receive comments on this proposed AD by October 26,
2006.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed in the ADDRESSES section. Include the docket number ``FAA-2006-
25889; Directorate Identifier 2006-NM-168-AD'' at the beginning of your
comments. We
[[Page 56063]]
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the proposed AD. We will consider
all comments received by the closing date and may amend the proposed AD
in light of those comments.
We will post all comments we receive, 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 proposed AD. 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 of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the Docket Management System
receives them.
Discussion
The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the airworthiness authority for Brazil, notified us that an
unsafe condition may exist on certain EMBRAER Model ERJ 170 airplanes.
The ANAC advises that an electrical bonding clamp, used to attach the
electrical bonding straps to the fuel system lines, failed in one
instance. Investigation revealed that a batch of electrical bonding
clamps was manufactured with the incorrect material. These discrepant
clamps were installed on several airplanes, which may lead to loss of
bonding protection in the interior of the fuel tanks or adjacent areas.
In combination with lightning strike, this condition, if not corrected,
could result in a fuel tank explosion and consequent loss of the
airplane.
Relevant Service Information
EMBRAER has issued Service Bulletin 170-28-0009, Revision 01, dated
February 23, 2006. The service bulletin describes procedures for
replacing all electrical bonding clamps having part number AN735D4 or
AN735D6 with new parts and accomplishing the other specified action.
The other specified action is an electrical bonding test of the
reconnected strap. 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 2006-06-03, effective July 7, 2006, to ensure
the continued airworthiness of these airplanes in Brazil.
FAA's Determination and Requirements of the Proposed AD
This airplane model is manufactured in Brazil and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the ANAC has kept the FAA informed
of the situation described above. We have examined the ANAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for airplanes of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would require
accomplishing the actions specified in the service information
described previously.
Costs of Compliance
This proposed AD would affect about 68 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 $41 per airplane. Based on these figures, the estimated cost of
the proposed 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 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 proposed 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, 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-
2006-25889; Directorate Identifier 2006-NM-168-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by October
26, 2006.
Affected ADs
(b) None.
[[Page 56064]]
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 5,000 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.
Issued in Renton, Washington, on September 14, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-8225 Filed 9-25-06; 8:45 am]
BILLING CODE 4910-13-P