[Federal Register: August 14, 2007 (Volume 72, Number 156)]
[Rules and Regulations]
[Page 45314-45316]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au07-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28256; Directorate Identifier 2007-NM-041-AD;
Amendment 39-15155; AD 2007-16-16]
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).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
It has been found the occurrence of smoke on the passenger cabin
originated from the valance panel lighting system wiring.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective September 18, 2007.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
18, 2007.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC.
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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on May 24, 2007 (72 FR
29091). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
[[Page 45315]]
It has been found the occurrence of smoke on the passenger cabin
originated from the valance panel lighting system wiring.
The corrective action is replacement of the valance panel lighting
system wiring. You may obtain further information by examining the MCAI
in the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
Based on the service information, we estimate that this AD affects
about 15 products of U.S. registry. We also estimate that it takes
about 36 work-hours per product to comply with the basic requirements
of this AD. The average labor rate is $80 per work-hour. Required parts
cost between $7,900 and $8,610 per product, depending on the airplane
configuration. Where the service information lists required parts costs
that are covered under warranty, we have assumed that there will be no
charge for these costs. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of the AD on U.S.
operators to be between $161,700 and $172,350 for the fleet, or between
$10,780 and $11,490 per product.
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 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 this AD:
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 AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
; or in person at the Docket Operations office between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains the NPRM, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone (800) 647-5527) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
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 FAA amends Sec. 39.13 by adding the following new AD:
2007-16-16 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15155. Docket No. FAA-2007-28256; Directorate
Identifier 2007-NM-041-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective
September 18, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ airplanes, certificated in any category,
serial numbers 145412, 145462, 145484, 145495, 145505, 145516,
145528, 145540, 145549, 145555, 145586, 145625, 145637, 145642,
145644, and 145678.
Subject
(d) Air Transport Association (ATA) of America Code 25:
Equipment/Furnishings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been found the occurrence of smoke on the passenger cabin
originated from the valance panel lighting system wiring.
The corrective action is replacement of the valance panel lighting
system wiring.
Actions and Compliance
(f) Within 48 months after the effective date of this AD, unless
already done, replace the wiring of the valance panel lighting
system by another one that complies with the current inverter
specifications, in accordance with the Accomplishment Instructions
of EMBRAER Service Bulletin 145LEG-25-0070, dated October 11, 2006.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested
[[Page 45316]]
using the procedures found in 14 CFR 39.19. Send information to
ATTN: 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. Before using any approved AMOC on any airplane to which
the AMOC applies, notify your appropriate principal inspector (PI)
in the FAA Flight Standards District Office (FSDO), or lacking a PI,
your local FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) Refer to MCAI Brazilian Airworthiness Directive 2007-01-03,
effective January 22, 2007, and EMBRAER Service Bulletin 145LEG-25-
0070, dated October 11, 2006, for related information.
Material Incorporated by Reference
(i) You must use EMBRAER Service Bulletin 145LEG-25-0070, dated
October 11, 2006, to do the actions required by this AD, unless the
AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP
12.225, Sao Jose dos Campos--SP, Brazil.
(3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call (202) 741-6030,
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.
Issued in Renton, Washington, on August 2, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-15588 Filed 8-13-07; 8:45 am]
BILLING CODE 4910-13-P