[Federal Register Volume 71, Number 89 (Tuesday, May 9, 2006)]
[Proposed Rules]
[Pages 26880-26882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7013]



[[Page 26880]]

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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]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) 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-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes. This proposed AD would require replacing 
the electrical bonding clamps inside the fuel tanks and adjacent areas. 
This proposed AD results from a report of a failure of fitting clamp of 
an electrical bonding cable for the fuel tubing. We are proposing 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: We must receive comments on this proposed AD by June 8, 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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; 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-
24696; Directorate Identifier 2006-NM-038-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 Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified us that an unsafe condition may exist on 
all EMBRAER Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and 
-145EP airplanes. The DAC advises that it received a report of one 
failure of fitting clamp of an electrical bonding cable for the fuel 
tubing. Investigation into the failure identified a batch of electrical 
bonding cable fitting clamps that was manufactured with incorrect 
material; the incorrect aluminum alloy Type 1100, which is more ductile 
than the correct Type 2602 aluminum alloy, deforms during the 
installation process. The batch of clamps made from incorrect material 
was installed on numerous airplanes. This condition, if not corrected, 
could result in 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.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145-28-0028, dated November 7, 
2005. The service bulletin describes procedures for replacing the 
electrical bonding clamps, having part numbers AN735D6 and AN735D4, 
inside the ventral, wing stub, and wing fuel tanks, and adjacent areas. 
The replacement includes measuring the electrical resistance between 
the tubes joined by the electrical bonding jumper. If the resistance is 
greater than 200 milliohms, the service bulletin describes repeating 
the clamp replacement and measuring the resistance until the resistance 
value is 200 milliohms or less. When the resistance is 200 milliohms or 
less, the service bulletin describes procedures for making the bonding 
protection inside the ventral, wing stub, and wing fuel tanks. 
Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The DAC mandated 
the service information and issued Brazilian airworthiness directive 
2006-02-03, effective February 24, 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 DAC has kept the FAA informed of 
the situation described above. We have examined the DAC'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.

[[Page 26881]]

    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Difference Between 
the Proposed AD and Brazilian Airworthiness Directive.''

Difference Between the Proposed AD and Brazilian Airworthiness 
Directive

    Brazilian airworthiness directive 2006-02-03, dated February 24, 
2006, is applicable to ``all EMB-145( ) aircraft models in operation.'' 
However, this does not agree with EMBRAER Service Bulletin 145-28-0028, 
dated November 7, 2005, which states that only certain EMB-145 
airplanes are affected and identifies them by serial number. This 
proposed AD would be applicable only to the airplanes listed in the 
service bulletin. This difference has been coordinated with the DAC.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
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                                                   Average
                                          Work      labor                                                        Number of U.S.-
                Action                   hours     rate per            Parts               Cost per airplane       registered           Fleet cost
                                                     hour                                                           airplanes
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Replacement of bonding clamp (all              2        $80  Between $57 and $87       Between $217 and $247                 18  Between $3,906 and
 airplane groups).                                            (depending on kit/        (depending on kit/                        $4,446 (depending on
                                                              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 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-
2006-24696; Directorate Identifier 2006-NM-038-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by June 8, 
2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes; certificated in any 
category; as identified in EMBRAER Service Bulletin 145-28-0028, 
dated November 7, 2005.

Unsafe Condition

    (d) This AD results from a report of a failure of 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) Within 5,000 flight hours after the effective date of this 
AD: Replace the electrical bonding clamps having part numbers 
AN735D6 and AN735D4 inside the ventral, wing stub, and wing fuel 
tanks, and adjacent areas, by accomplishing all actions specified in 
the Accomplishment Instructions of EMBRAER Service Bulletin 145-28-
0028, dated November 7, 2005.

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 2006-02-03, effective 
February 24, 2006, also addresses the subject of this AD.


[[Page 26882]]


    Issued in Renton, Washington, on April 28, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-7013 Filed 5-8-06; 8:45 am]
BILLING CODE 4910-13-P