[Federal Register: November 20, 2006 (Volume 71, Number 223)]
[Proposed Rules]
[Page 67082-67084]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no06-20]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26354; Directorate Identifier 2006-NM-196-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 Airplanes and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP 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 EMB-135 airplanes and Model EMB-145, -145ER,
-145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This proposed AD
would require replacing the metallic tubes enclosing the vent and pilot
valve wires in the left- and right-hand wing fuel tanks with non-
conductive hoses. This proposed AD results from fuel system reviews
conducted by the manufacturer. We are proposing this AD to prevent an
ignition source inside the fuel tank that could ignite fuel vapor and
cause a fuel tank explosion and loss of the airplane.
DATES: We must receive comments on this proposed AD by December 20,
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: Rosanne Ryburn, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2139; 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-
26354; Directorate Identifier 2006-NM-196-AD'' at the beginning of your
comments. We 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 FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
We have determined that the actions identified in this AD are
necessary to
[[Page 67083]]
reduce the potential of ignition sources inside fuel tanks, which, in
combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane.
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 EMB-135 airplanes
and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP
airplanes. The ANAC advises that sparking may occur between wires of
the vent and pilot valves of the pressure refueling system inside the
wing fuel tanks and the metallic tubes enclosing the wires. This
condition, if not corrected, could provide an ignition source inside
the fuel tank that could ignite fuel vapor and cause a fuel tank
explosion and loss of the airplane.
Relevant Service Information
EMBRAER has issued Service Bulletins 145-28-0023, Revision 05,
dated May 15, 2006 (for Model EMB-135ER, -135KE, -135KL, -135LR, -145,
-145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes), and
145LEG-28-0018, Revision 01, dated April 20, 2005 (for Model EMB-135BJ
airplanes). The service bulletins describe procedures for replacing the
metallic tubes enclosing the vent and pilot valve wires in the left-
and right-hand wing fuel tanks with non-conductive hoses. 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 2006-06-02,
dated June 28, 2006, to ensure the continued airworthiness of these
airplanes in Brazil.
FAA's Determination and Requirements of the Proposed AD
These airplane models are manufactured in Brazil and are 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 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 620 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
between $1,121 and $1,796 per airplane. Based on these figures, the
estimated cost of the proposed AD for U.S. operators is between
$744,620, and $1,163,120, or between $1,201 and $1,876 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-
2006-26354; Directorate Identifier 2006-NM-196-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by December
20, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-135BJ, -135ER, -135KE,
-135KL, and -135LR airplanes and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes, certificated in any
category; as identified in EMBRAER Service Bulletins 145-28-0023,
Revision 05, dated May 15, 2006, and 145LEG-28-0018, Revision 01,
dated April 20, 2005.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent an ignition source
inside the fuel tank that could ignite fuel vapor and cause a fuel
tank explosion and 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.
Tube Replacement
(f) Within 5,000 flight hours or 48 months after the effective
date of this AD, whichever occurs first, replace the metallic tubes
enclosing the vent and pilot valve wires in the left- and right-hand
wing fuel tanks with new, improved, non-conductive hoses, in
accordance with the Accomplishment Instructions of the service
bulletin specified in paragraph (f)(1) or (f)(2) of this AD, as
applicable.
[[Page 67084]]
(1) For Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes: EMBRAER Service
Bulletin 145-28-0023, Revision 05, dated May 15, 2006.
(2) For Model EMB-135BJ airplanes: EMBRAER Service Bulletin
145LEG-28-0018, Revision 01, dated April 20, 2005.
Credit for Actions Accomplished Using Prior Revisions of Service
Information
(g) Actions accomplished before the effective date of this AD in
accordance with the service information specified in Table 1 of this
AD are considered acceptable for compliance with the corresponding
actions specified in this AD.
Table 1.--EMBRAER Service Information
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Service Bulletin Revision level Dated
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145-28-0023............................. 04.............................. November 7, 2005.
145-28-0023............................. 03.............................. April 27, 2005.
145-28-0023............................. 02.............................. November 8, 2004.
145-28-0023............................. 01.............................. June 9, 2004.
145-28-0023............................. Original........................ April 19, 2004.
145LEG-28-0018.......................... Original........................ April 23, 2004.
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Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, ANM-116, International Branch, 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 2006-06-02, dated June 28,
2006, also addresses the subject of this AD.
Issued in Renton, Washington, on November 8, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-19540 Filed 11-17-06; 8:45 am]
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