[Federal Register: December 27, 2006 (Volume 71, Number 248)]
[Proposed Rules]
[Page 77629-77631]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de06-22]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26685; Directorate Identifier 2006-NM-200-AD]
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).
[[Page 77630]]
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-
135BJ airplanes. This proposed AD would require modifying the forward
and aft auxiliary fuel tanks. This proposed AD results from a report of
sparks due to chafing between the harnesses of the forward and aft
auxiliary fuel tanks, between certain harnesses attached to the
aircraft structure, or between certain harnesses attached to certain
mechanical components. We are proposing this AD to prevent a potential
ignition source inside a fuel tank, which, in combination with
flammable fuel vapors, could result in a fuel tank explosion.
DATES: We must receive comments on this proposed AD by January 26,
2007.
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: 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:
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-
26685; Directorate Identifier 2006-NM-200-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.
The Joint Aviation Authorities (JAA) has issued a regulation that
is similar to SFAR 88. (The JAA is an associated body of the European
Civil Aviation Conference (ECAC) representing the civil aviation
regulatory authorities of a number of European States who have agreed
to co-operate in developing and implementing common safety regulatory
standards and procedures.) Under this regulation, the JAA stated that
all members of the ECAC that hold type certificates for transport
category airplanes are required to conduct a design review against
explosion risks.
We have determined that the actions identified in this proposed AD
are necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in a fuel tank explosion.
Relevant Service Information
EMBRAER has issued Service Bulletin 145LEG-28-0022, dated February
17, 2005. The service bulletin describes procedures for modifying the
forward and aft auxiliary fuel tanks. The modification includes, but is
not limited to, re-routing the harnesses at the forward and aft fuel
tanks; installing bonding jumpers, and electrical bonding of the
refueling and vent lines at the forward fuel tanks and the solenoid
valves of the aft fuel tanks; and
[[Page 77631]]
installing new support assemblies of the harnesses of the aft fuel
tanks. Accomplishing the actions specified in the service information
is intended to adequately address the unsafe condition. The
Ag[ecirc]ncia Nacional de Avi[ccedil][atilde]co Civil (ANAC) mandated
the service information and issued Brazilian airworthiness directive
2006-07-03, effective August 23, 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 27 airplanes of U.S. registry.
The proposed modifications would take about 20 work hours per airplane,
at an average labor rate of $80 per work hour. Required parts would
cost $2,200 per airplane. Based on these figures, the estimated cost of
the proposed modifications for U.S. operators is $102,600, or $3,800
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-
26685; Directorate Identifier 2006-NM-200-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by January 26,
2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model EMB-135BJ airplanes,
certificated in any category.
Unsafe Condition
(d) This AD results from a report of sparks due to chafing between
the harnesses of the forward and aft auxiliary fuel tanks, between
certain harnesses attached to the aircraft structure, or between
certain harnesses attached to certain mechanical components. We are
issuing this AD to prevent a potential ignition source inside 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.
Modifications
(f) Within 5,000 flight hours after the effective date of this AD:
Accomplish the modifications specified in paragraphs (f)(1) and (f)(2)
of this AD by doing all the applicable actions in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-28-0022,
dated February 17, 2005.
(1) Modify the forward auxiliary fuel tank.
(2) Modify the aft auxiliary fuel tanks on the left and right
sides.
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 2006-07-03, effective August
23, 2006, also addresses the subject of this AD.
Issued in Renton, Washington, on December 19, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-22115 Filed 12-26-06; 8:45 am]
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