[Federal Register Volume 71, Number 223 (Monday, November 20, 2006)]
[Proposed Rules]
[Pages 67082-67084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19540]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26354; Directorate Identifier 2006-NM-196-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 Airplanes and 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-135 airplanes and Model EMB-145, -145ER, 
-145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This proposed AD 
would require replacing the metallic tubes enclosing the vent and pilot 
valve wires in the left- and right-hand wing fuel tanks with non-
conductive hoses. This proposed AD results from fuel system reviews 
conducted by the manufacturer. We are proposing this AD to prevent an 
ignition source inside the fuel tank that could ignite fuel vapor and 
cause a fuel tank explosion and loss of the airplane.

DATES: We must receive comments on this proposed AD by December 20, 
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: Rosanne Ryburn, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2139; 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-
26354; Directorate Identifier 2006-NM-196-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 FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
adequacy of existing regulations, the service history of airplanes 
subject to those regulations, and existing maintenance practices for 
fuel tank systems. As a result of those findings, we issued a 
regulation titled ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction and Maintenance and Inspection Requirements'' 
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards 
for transport airplanes and new maintenance requirements, this rule 
included Special Federal Aviation Regulation No. 88 (``SFAR 88,'' 
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent modifications to those airplanes. It requires them to 
perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt airworthiness directives to mandate any changes found necessary 
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: single failures, single failures in 
combination with a latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    We have determined that the actions identified in this AD are 
necessary to

[[Page 67083]]

reduce the potential of ignition sources inside fuel tanks, which, in 
combination with flammable fuel vapors, could result in fuel tank 
explosions and consequent loss of the airplane.
    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the airworthiness authority for Brazil, notified us that an 
unsafe condition may exist on certain EMBRAER Model EMB-135 airplanes 
and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes. The ANAC advises that sparking may occur between wires of 
the vent and pilot valves of the pressure refueling system inside the 
wing fuel tanks and the metallic tubes enclosing the wires. This 
condition, if not corrected, could provide an ignition source inside 
the fuel tank that could ignite fuel vapor and cause a fuel tank 
explosion and loss of the airplane.

Relevant Service Information

    EMBRAER has issued Service Bulletins 145-28-0023, Revision 05, 
dated May 15, 2006 (for Model EMB-135ER, -135KE, -135KL, -135LR, -145, 
-145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes), and 
145LEG-28-0018, Revision 01, dated April 20, 2005 (for Model EMB-135BJ 
airplanes). The service bulletins describe procedures for replacing the 
metallic tubes enclosing the vent and pilot valve wires in the left- 
and right-hand wing fuel tanks with non-conductive hoses. Accomplishing 
the actions specified in the service information is intended to 
adequately address the unsafe condition. The ANAC mandated the service 
information and issued Brazilian airworthiness directive 2006-06-02, 
dated June 28, 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 ANAC has kept the FAA informed 
of the situation described above. We have examined ANAC'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.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously.

Costs of Compliance

    This proposed AD would affect about 620 airplanes of U.S. registry. 
The proposed actions would take about 1 work hour per airplane, at an 
average labor rate of $80 per work hour. Required parts would cost 
between $1,121 and $1,796 per airplane. Based on these figures, the 
estimated cost of the proposed AD for U.S. operators is between 
$744,620, and $1,163,120, or between $1,201 and $1,876 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 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-
2006-26354; Directorate Identifier 2006-NM-196-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by December 
20, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ, -135ER, -135KE, 
-135KL, and -135LR airplanes and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes, certificated in any 
category; as identified in EMBRAER Service Bulletins 145-28-0023, 
Revision 05, dated May 15, 2006, and 145LEG-28-0018, Revision 01, 
dated April 20, 2005.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent an ignition source 
inside the fuel tank that could ignite fuel vapor and cause a fuel 
tank explosion and 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.

Tube Replacement

    (f) Within 5,000 flight hours or 48 months after the effective 
date of this AD, whichever occurs first, replace the metallic tubes 
enclosing the vent and pilot valve wires in the left- and right-hand 
wing fuel tanks with new, improved, non-conductive hoses, in 
accordance with the Accomplishment Instructions of the service 
bulletin specified in paragraph (f)(1) or (f)(2) of this AD, as 
applicable.

[[Page 67084]]

    (1) For Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes: EMBRAER Service 
Bulletin 145-28-0023, Revision 05, dated May 15, 2006.
    (2) For Model EMB-135BJ airplanes: EMBRAER Service Bulletin 
145LEG-28-0018, Revision 01, dated April 20, 2005.

Credit for Actions Accomplished Using Prior Revisions of Service 
Information

    (g) Actions accomplished before the effective date of this AD in 
accordance with the service information specified in Table 1 of this 
AD are considered acceptable for compliance with the corresponding 
actions specified in this AD.

                                      Table 1.--EMBRAER Service Information
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            Service Bulletin                       Revision level                           Dated
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145-28-0023.............................  04..............................  November 7, 2005.
145-28-0023.............................  03..............................  April 27, 2005.
145-28-0023.............................  02..............................  November 8, 2004.
145-28-0023.............................  01..............................  June 9, 2004.
145-28-0023.............................  Original........................  April 19, 2004.
145LEG-28-0018..........................  Original........................  April 23, 2004.
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Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, ANM-116, International Branch, 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 2006-06-02, dated June 28, 
2006, also addresses the subject of this AD.

    Issued in Renton, Washington, on November 8, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-19540 Filed 11-17-06; 8:45 am]
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