[Federal Register: May 17, 2007 (Volume 72, Number 95)]
[Rules and Regulations]
[Page 27730-27732]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17my07-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24696; Directorate Identifier 2006-NM-038-AD;
Amendment 39-15052; AD 2007-10-11]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-145LR, -145XR, and -145MP Airplanes; and Model EMB-
135BJ and -135LR Airplanes
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
certain EMBRAER Model EMB-145LR, -145XR, and -145MP airplanes; and
Model EMB-135BJ and -135LR airplanes. This AD requires replacing the
electrical bonding clamps inside the fuel tanks and adjacent areas.
This AD results from a report of the failure of a fitting clamp of an
electrical bonding cable for the fuel tubing. We are issuing this AD to
prevent loss of bonding protection in the interior of the fuel tanks or
adjacent areas, and a consequent potential source of ignition in a fuel
tank and possible fire or explosion.
DATES: This AD becomes effective June 21, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of June 21, 2007.
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 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
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 street address stated in the
ADDRESSES section.
Discussion
The FAA issued a supplemental notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an AD that would apply to certain
EMBRAER Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes; and Model EMB-135BJ, -135ER, -135KE, -135KL, and -
135LR airplanes. That supplemental NPRM was published in the Federal
Register on December 6, 2006 (71 FR 70648). That supplemental NPRM
proposed to require replacing the electrical bonding clamps inside the
fuel tanks and adjacent areas. That supplemental NPRM also proposed to
add airplanes to the applicability.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the single comment received.
Request To Remove Airplanes From the Applicability of the Supplemental
NPRM
ExpressJet points out that the supplemental NPRM specified that the
newly added EMBRAER Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR
airplanes accomplish the required actions in accordance with EMBRAER
Service Bulletin 145LEG-28-0030, dated April 19, 2006. ExpressJet
asserts that this service bulletin is not applicable to any of these
airplanes, except the Model EMB-135BJ airplanes. Therefore, ExpressJet
states that EMBRAER Model EMB-135ER, -135KE, -135KL, and -135LR
airplanes should not be included in the applicability of the
supplemental NPRM.
From this comment, we infer that ExpressJet is requesting that
EMBRAER Model EMB-135ER, -135KE, -135KL, and -135LR airplanes be
removed from the applicability of the AD. We partially agree. As we
stated in the supplemental NPRM, the Agincia Nacional de Aviarno Civil
(ANAC), which is the airworthiness authority for Brazil, notified us
that the unsafe condition identified in the original NPRM might exist
on EMBRAER ``Model EMB-135 airplanes,'' in addition to the airplanes
identified in the original NPRM. ANAC
[[Page 27731]]
subsequently issued Brazilian airworthiness directive 2006-02-03R2,
effective October 8, 2006, to address the subject unsafe condition on
``Model EMB-135 airplanes.''
However, we have verified the effectivity of EMBRAER Service
Bulletins 145-28-0028, dated November 7, 2005; and 145LEG-28-0030,
dated April 19, 2006; with EMBRAER. EMBRAER Service Bulletin 145LEG-28-
0030 applies only to Model EMB-135BJ airplanes. EMBRAER Service
Bulletin 145-28-0028 applies only to Model EMB-135LR airplanes, and to
Model EMB-145LR, -145XR, and -145MP airplanes. Therefore, we agree that
Model EMB-135ER, -135KE, and -135KL airplanes are not subject to the
requirements of this AD and we have removed those airplanes from the
applicability of this AD. We do not agree to remove Model EMB-135LR
airplanes from the applicability of this AD, but we do agree that these
airplanes are not subject to EMBRAER Service Bulletin 145LEG-28-0030.
Therefore, we have revised Tables 1 and 2 of this AD to specify that
these airplanes are identified in and must use EMBRAER Service Bulletin
145-28-0028 to accomplish the actions required by this AD.
In addition, we have removed Model EMB-145, -145ER, -145MR, and -
145EP airplanes from the applicability of this AD. These airplanes are
not identified in EMBRAER Service Bulletin 145-28-0028 and are not
subject to the requirements of this AD.
Conclusion
We have carefully reviewed the available data, including the
comment received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this AD.
Estimated Costs
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Number of
Average U.S.-
Action Work hours labor rate Parts Cost per airplane registered Fleet cost
per hour airplanes
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Replacement of bonding clamp (all 2 $80 Between $33 and $87, Between $193 and $247 20 Between $3,860 and
airplane groups). per kit (depending on (depending on kit/ $4,940 (depending on
kit/airplane group). airplane group). kit/airplane group).
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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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
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):
2007-10-11 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15052. Docket No. FAA-2006-24696; Directorate
Identifier 2006-NM-038-AD.
Effective Date
(a) This AD becomes effective June 21, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes identified in Table 1 of
this AD, certificated in any category.
Table 1.--Applicability
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EMBRAER model-- As identified in--
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EMB-145LR, -145XR, -145MP, and -135LR EMBRAER Service Bulletin 145-28-
airplanes. 0028, dated November 7, 2005.
[[Page 27732]]
EMB-135BJ airplanes.................... EMBRAER Service Bulletin 145LEG-
28-0030, dated April 19, 2006.
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Unsafe Condition
(d) This AD results from a report of the failure of a fitting
clamp of an electrical bonding cable for the fuel tubing. We are
issuing this AD to prevent loss of bonding protection in the
interior of the fuel tanks or adjacent areas, and a consequent
potential source of ignition in a fuel tank and possible fire or
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.
Electrical Bonding Clamp Replacement
(f) At the time specified in paragraph (f)(1) or (f)(2) of this
AD, as applicable: Replace the electrical bonding clamps having part
numbers AN735D6 and AN735D4 inside the forward fuel tank or the
ventral, wing stub, and wing fuel tanks, and adjacent areas, as
applicable; by accomplishing all actions specified in the
Accomplishment Instructions of the applicable service bulletin
identified in Table 2 of this AD.
Table 2.--Applicable Service Information
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For EMBRAER model-- Use--
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EMB-145LR, -145XR, -145MP, and -135LR EMBRAER Service Bulletin 145-28-
airplanes. 0028, dated November 7, 2005
EMB-135BJ airplanes.................... EMBRAER Service Bulletin 145LEG-
28-0030, dated April 19, 2006.
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(1) For Model EMB-145LR, -145XR, and -145MP airplanes; and Model
EMB-135LR airplanes: Within 5,000 flight hours after the effective
date of this AD.
(2) For Model EMB-135BJ airplanes: Within 4,000 flight hours or
48 calendar months after the effective date of this AD, whichever
occurs first.
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 2006-02-03R2, effective
October 8, 2006, also addresses the subject of this AD.
Material Incorporated by Reference
(i) You must use EMBRAER Service Bulletin 145-28-0028, dated
November 7, 2005; or EMBRAER Service Bulletin 145LEG-28-0030, dated
April 19, 2006; as applicable; 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
these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. 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 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 May 7, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-9401 Filed 5-16-07; 8:45 am]
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