[Federal Register Volume 71, Number 113 (Tuesday, June 13, 2006)]
[Rules and Regulations]
[Pages 34000-34003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5245]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24076; Directorate Identifier 2006-NM-015-AD; 
Amendment 39-14640; AD 2006-12-14]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira del 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 EMBRAER Model EMB-120, -120ER, -120FC, -120QC, and -120RT 
airplanes. This AD requires replacing the shut-off and crossbleed 
valves of the bleed air system with new valves having hermetically 
sealed switches. This AD results from fuel system reviews 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 July 18, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of July 18, 
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, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

[[Page 34001]]


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 certain EMBRAER Model 
EMB-120, -120ER, -120FC, -120QC, and -120RT airplanes. That NPRM was 
published in the Federal Register on March 7, 2006 (71 FR 11333). That 
NPRM proposed to require replacing the shut-off and crossbleed valves 
of the bleed air system with new valves having hermetically sealed 
switches.

Comments

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

Request To Withdraw the NPRM

    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 120-36-0016, Revision 01, 
dated October 4, 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 120-30-0034, 
Revision 01, dated September 22, 2004. (EMBRAER Service Bulletin 120-
30-0034, Revision 01, is cited as the appropriate source of service 
information for accomplishing 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.
    We infer that the commenter is 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. 
EMBRAER has 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, Charter Air Transport may 
request an alternative method of compliance (AMOC) in accordance with 
paragraph (i) of the AD, provided that sufficient data are submitted to 
substantiate that the proposed AMOC would provide an acceptable level 
of safety.

Request To Remove Paragraph (g) of the NPRM

    A private citizen asserts that paragraph (g) of the NPRM would 
result in a big waste of parts for the operator and would incur 
additional costs to replace those parts before the compliance time 
specified in the AD. In addition the commenter states that there are 
currently no parts available.
    We infer that the commenter is requesting that we remove paragraph 
(g) of the AD. We do not agree to remove that paragraph. In general, 
once we have determined that an unsafe condition exists, our normal 
policy specifies not to allow that condition to be re-introduced into 
the fleet. In developing the technical information on which every AD is 
based, we consider the availability of spare parts that the AD will 
require to be installed. When we have determined that those (safe) 
parts are immediately available to operators, our policy prohibits 
installation of the unsafe parts after the effective date of the AD.
    In this case, we contacted the manufacturer and vendor to verify 
the parts availability, and have determined that the parts may not be 
available until August of this year. To accommodate this delay in parts 
availability, we have revised paragraph (g) of the AD to specify that, 
as of 90 days after the effective date of this AD, no person may 
install any shut-off or crossbleed valve of the bleed air system with 
any shut-off or crossbleed valve that does not have hermetically sealed 
switches.

Request for Additional Information

    The same commenter also states that he is unable to get the 
following information from the manufacturer: ``Can existing valves be 
modified? Do we have to purchase new valves? Cost of the modification? 
Can valves be modified in-house? Is there an exchange program?''
    We have contacted the manufacturer and have been advised of the 
following in reference to the commenter's questions: Yes, the existing 
valves may be modified. Yes, you do have to purchase new valves. A 
repair and upgrade would cost $4,575. No, valves cannot be modified in-
house. And, finally, no, there is not an exchange program. However, the 
valves may be returned for upgrade at an estimated cost of $2,322.

Request To Determine Compliance

    The same commenter also states that it is cumbersome to control AD 
updating on individual part replacements. He specified two scenarios in 
which he requested whether or not the conditions in the scenarios met 
the AD requirements. In the first scenario, the commenter states that a 
valve is cannibalized from one airplane to the other, specifically, a 
``-1'' removed and a ``-1'' installed. The vacated position was 
replaced with a new valve. The commenter asks if the position the 
cannibalized part was installed in does not meet the requirements of 
the AD. In the second scenario, the commenter states that a valve was 
moved from one position on the same airplane to another for 
troubleshooting purposes. The valve was verified to be bad. The bad 
valve was replaced with a valve having a new part number. The valves 
were not swapped back to original positions prior to replacing with a 
new valve. The commenter asks whether or not the airplane meets the 
requirements of the AD?
    We acknowledge that it may be time consuming to track individual 
part replacements. However, in this case, it is necessary to ensure the 
safety of the fleet. In response to the question of whether the 
airplanes meet the requirements of the AD in both of the scenarios 
described above, the intent of this AD is to require replacement of the 
valves with the new valves in each of the three positions. When that 
has been accomplished, compliance with paragraph (f) of the AD has been 
achieved.

Request To Clarify Costs

    This same commenter states that EMBRAER has not verified the cost 
of new valves that were specified in the NPRM.

[[Page 34002]]

    We infer that the commenter would like the cost of the new valves 
that were specified in the NPRM verified by the manufacturer. We have 
contacted the manufacturer and verified that the figure in the NPRM is 
correct.

Request To Revise the Reason for the NPRM

    One commenter, EMBRAER, requests that we add additional wording to 
the explanation for the reason the NPRM was issued. EMBRAER requests 
that, in addition to the words ``This AD results from fuel system 
reviews conducted by the manufacturer,'' we add the words ``associated 
to new regulations related to prevention of sources of ignition near 
fuel tanks applicable to several aircraft categories.''
    We do not agree to revise the AD. The statement that the 
manufacturer has conducted fuel system reviews is sufficient. The 
statement following that sentence in the AD provides the fact that 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. In 
addition, the ``Discussion'' section of the NPRM explains the 
background and issuance of the FAA regulation titled ``Transport 
Airplane Fuel Tank System Design Review, Flammability Reduction and 
Maintenance and Inspection Requirements' (67 FR 23086, May 7, 2001). No 
change is necessary to this AD in that regard.

Editorial Change

    Since the issuance of the NPRM, we have received a copy of EMBRAER 
Service Bulletin 120-36-0016, dated October 30, 2003. We have added a 
new paragraph (h) to the AD to provide credit for accomplishing the 
actions specified in that service bulletin. Subsequent paragraphs of 
the AD have been re-identified.

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 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

    This AD will affect about 180 airplanes of U.S. registry. The 
required actions will take about 3 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts would cost 
about $10,305 per airplane. Based on these figures, the estimated cost 
of the proposed AD for U.S. operators is $1,890,000, or $10,500 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 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):

2006-12-14 Empresa Brasileira de Aeronautica S.A. (Embraer): 
Amendment 39-14640. Docket No. FAA-2006-24076; Directorate 
Identifier 2006-NM-015-AD.

Effective Date

    (a) This AD becomes effective July 18, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-120,--120ER, -120FC, -
120QC, and -120RT airplanes, as identified in EMBRAER Service 
Bulletin 120-36-0016, Revision 01, dated October 4, 2004; 
certificated in any category.

Unsafe Condition

    (d) This AD results from fuel system reviews 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.

Replacing the Shut-off and Crossbleed Valves

    (f) Within 5,000 flight hours after the effective date of this 
AD, replace the shut-off and crossbleed valves of the bleed air 
system with new shut-off and crossbleed valves having hermetically 
sealed switches, in accordance with EMBRAER Service Bulletin 120-36-
0016, Revision 01, dated October 4, 2004.

Parts Installation

    (g) As of 90 days after the effective date of this AD, no person 
may install any shut-off or crossbleed valve of the bleed air system 
with any shut-off or crossbleed valve that does not have 
hermetically sealed switches.

Acceptable Method of Compliance

    (h) Accomplishment of the actions specified in EMBRAER Service 
Bulletin 120-36-0016, dated October 30, 2003, before the effective 
date of this AD is an acceptable method of compliance with the 
requirements of paragraph (f) of this AD.

[[Page 34003]]

Alternative Methods of Compliance (AMOCs)

    (i)(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

    (j) Brazilian airworthiness directive 2005-12-03, effective 
January 19, 2006, also addresses the subject of this AD.

Material Incorporated by Reference

    (k) You must use EMBRAER Service Bulletin 120-36-0016, Revision 
01, dated October 4, 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 31, 2006.
Kalene C. Yanamura,
Acting Manager , Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-5245 Filed 6-12-06; 8:45 am]
BILLING CODE 4910-13-P