[Federal Register Volume 71, Number 102 (Friday, May 26, 2006)]
[Rules and Regulations]
[Pages 30281-30283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4843]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24072; Directorate Identifier 2006-NM-016-AD; 
Amendment 39-14614; AD 2006-11-10]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT 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 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120, 
-120ER, -120FC, -120QC, and -120RT airplanes. This AD requires 
replacing the de-icing system ejector flow control valves with new, 
improved control valves having hermetically sealed switches; and 
rewiring applicable connectors. This AD results from a fuel system 
review conducted by the manufacturer. We are issuing this AD to prevent 
a potential source of ignition near a fuel tank, which, in combination 
with flammable fuel vapors, could result in a fuel tank explosion and 
consequent loss of the airplane.

DATES: This AD becomes effective June 30, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of June 30, 
2006.

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 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (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 notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to all Empresa Brasileira 
de Aeronautica S.A. (EMBRAER) EMB-120( ) airplane models in operation. 
That NPRM was published in the Federal Register on March 7, 2006 (71 FR 
11341). That NPRM proposed to require replacing the de-icing system 
ejector flow control valves with new, improved control valves having 
hermetically sealed switches; and rewiring applicable connectors.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

[[Page 30282]]

Support for NPRM

    One commenter, Charter Air Transport, supports the importance of 
the fuel system review conducted by the manufacturer and the need to 
prevent a potential source of ignition near fuel tanks.

Request To Review Modification Specified by the NPRM

    The same commenter requests that the method of compliance specified 
by the NPRM should be reviewed. Charter Air Transport states that 
installing modified flow control valves (bleed air) valves that include 
hermetically sealed switches is specified in both EMBRAER Service 
Bulletin 120-30-0034, Revision 01, dated September 22, 2004 (which was 
specified in the NPRM as the appropriate source of service information 
for accomplishing the proposed requirements of this AD), and Service 
Bulletin 120-36-0016, Revision 01, dated October 4, 2004. (EMBRAER 
Service Bulletin 120-36-0016, Revision 01, is cited as the appropriate 
source of service information for accomplishing the proposed 
requirements of a related NPRM that has the same applicability as this 
NPRM.) Charter Air Transport states that it will cost $13,451 per 
airplane to comply with both service bulletins. Charter Air Transport 
asserts that a more effective method of correcting the unsafe condition 
at a much-reduced cost would be to install air-purging louvers in 
certain rear lower fuselage and leading edge fairings, which would vent 
any fuel vapors away from any potential ignition source in the affected 
area. Charter Air Transport requests that EMBRAER consider this 
suggestion as an appropriate method of compliance to address the unsafe 
condition.
    Though Charter Air Transport did not make such a request, we infer 
that they are asking us to withdraw the NPRM until EMBRAER reviews the 
specified modification and determines a more appropriate method to 
correct the unsafe condition. We do not agree. Based on EMBRAER's 
recommendation, we have determined that installing modified flow 
control valves is the appropriate method of correcting this unsafe 
condition. Further, Charter Air Transport provided no data to 
demonstrate that the proposed louver installation provides an 
equivalent level of safety or is more effective than installing 
modified flow control valves. We have not changed the AD in this 
regard. However, operators can request an alternative method of 
compliance (AMOC) in accordance with paragraph (h) of the AD, provided 
that sufficient data are submitted to substantiate that the proposed 
AMOC would provide an acceptable level of safety.

Request To Permit Use of Alternative Parts

    One commenter, the Modification and Replacement Parts Association 
(MARPA), requests that the NPRM be revised to allow installation of 
alternative replacement parts. MARPA asserts that inserting the name of 
the parts manufacturer (Goodrich) before the cited part number (P/N) 
will more specifically identify the parts. MARPA states that, ``the 
requirement to install a certain part-numbered part to the exclusion of 
any other part nullifies 14 CFR 21.303, preventing the development and/
or use of alternative parts.'' MARPA suggests adding the phrase ``or 
FAA-approved equivalent part number'' as a suffix to the cited part 
number to permit installation of equivalent alternative parts.
    We do not agree that it is necessary to ``more specifically'' 
identify the parts specified in the AD. The correct parts are clearly 
identified by the P/Ns specified in the AD. We infer that MARPA would 
like the AD to permit installation of any equivalent parts manufacturer 
approvals (PMA) parts so that it is not necessary for an operator to 
request approval of an AMOC in order to install an ``equivalent'' PMA 
part. Whether an alternative part is ``equivalent'' in adequately 
resolving the unsafe condition can only be determined on a case-by-case 
basis based on a complete understanding of the unsafe condition. We are 
not currently aware of any such parts. Our policy is that, in order for 
operators to replace a part with one that is not specified in the AD, 
they must request an AMOC. This is necessary so that we can make a 
specific determination that an alternative part is or is not 
susceptible to the same unsafe condition.
    In response to MARPA's statement that the NPRM ``nullifies 14 CFR 
Sec.  21.303,'' under which the FAA issues PMAs, this statement appears 
to reflect a misunderstanding of the relationship between ADs and the 
certification procedural regulations of part 21 of the Federal Aviation 
Regulations (14 CFR part 21). Those regulations, including Sec.  21.303 
of the Federal Aviation Regulations (14 CFR 21.303), are intended to 
ensure that aeronautical products comply with the applicable 
airworthiness standards. But ADs are issued when, notwithstanding those 
procedures, we become aware of unsafe conditions in these products or 
parts. Therefore, an AD takes precedence over design approvals when we 
identify an unsafe condition, and mandating installation of a certain 
P/N in an AD is not at variance with Sec.  21.303.
    The AD provides a means of compliance for operators to ensure that 
the identified unsafe condition is addressed appropriately. For an 
unsafe condition attributable to a part, the AD normally identifies the 
replacement parts necessary to obtain that compliance. As stated in 
Sec.  39.7 of the Federal Aviation Regulations (14 CFR 39.7), ``Anyone 
who operates a product that does not meet the requirements of an 
applicable airworthiness directive is in violation of this section.'' 
Unless an operator obtains approval for an AMOC, replacing a part with 
one not specified by the AD would make the operator subject to an 
enforcement action and result in a civil penalty. No change to the AD 
is necessary in this regard.

Clarification of Applicability

    The NPRM reflected Departmento de Aviacao Civil (DAC) AD 2005-12-
02, dated January 19, 2006, and proposed that this AD be applicable 
``to all EMBRAER EMB-120( ) aircraft models in operation.'' However, we 
determined that this could lead to confusion as to exactly which 
airplanes are affected. Therefore, to more clearly identify the 
affected airplanes, we revised the applicability of the AD to specify 
certain EMBRAER Model EMB-120( ) airplanes ``as identified in EMBRAER 
Service Bulletin 120-30-0034, Revision 01, dated September 22, 2004.'' 
This difference has been coordinated with the DAC.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the change as described. We have 
determined that this change will neither increase the economic burden 
on any operator nor increase the scope of the AD

Costs of Compliance

    This AD will affect about 180 airplanes of U.S. registry. The 
required actions will take about 8 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts will cost about 
$2,431 per airplane. Based on these figures, the estimated cost of the 
AD for U.S. operators is $531,180, or $2,951 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

[[Page 30283]]

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

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-11-10 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14614. Docket No. FAA-2006-24072; Directorate 
Identifier 2006-NM-016-AD.

Effective Date

    (a) This AD becomes effective June 30, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-120, -120ER, -120FC, -
120QC, and -120RT airplanes, certificated in any category, as 
identified in EMBRAER Service Bulletin 120-30-0034, Revision 01, 
dated September 22, 2004.

Unsafe Condition

    (d) This AD results from a fuel system review conducted by the 
manufacturer. We are issuing this AD to prevent a potential source 
of ignition near a fuel tank, which, in combination with flammable 
fuel vapors, could result in a fuel tank explosion and consequent 
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.

Valve Replacement

    (f) Within 5,000 flight hours after the effective date of this 
AD, replace the de-icing system ejector flow control valves, part 
number (P/N) 3D2376-06, with new, improved flow control valves 
having hermetically sealed switches, P/N 3D2376-07; and rewire the 
applicable connectors; in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 120-30-0034, Revision 01, 
dated September 22, 2004.

Actions Accomplished According to Previous Issue of Service Bulletin

    (g) Actions accomplished before the effective date of this AD in 
accordance with EMBRAER Service Bulletin 120-30-0034, dated October 
30, 2003, are considered acceptable for compliance with the 
corresponding actions of this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(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

    (i) Brazilian airworthiness directive 2005-12-02, effective 
January 19, 2006, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) You must use EMBRAER Service Bulletin 120-30-0034, Revision 
01, dated September 22, 2004, 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 
this document 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 Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street SW., 
Room PL-401, Nassif Building, Washington, DC; on the Internet at 
http://dms.dot.gov; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.


    Issued in Renton, Washington, on May 16, 2006.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-4843 Filed 5-25-06; 8:45 am]
BILLING CODE 4910-13-P