[Federal Register Volume 71, Number 234 (Wednesday, December 6, 2006)]
[Rules and Regulations]
[Pages 70648-70650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20629]


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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; and Model EMB-135BJ, -135ER, -135KE, -135KL, and -
135LR Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to certain EMBRAER Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes. The original NPRM 
would have required replacing the electrical bonding clamps inside the 
fuel tanks and adjacent areas. The original NPRM resulted from a report 
of the failure of a fitting clamp of an electrical bonding cable for 
the fuel tubing. This action revises the original NPRM by adding 
airplanes to the applicability. We are proposing this supplemental NPRM 
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 supplemental NPRM by January 2, 
2007.

ADDRESSES: Use one of the following addresses to submit comments on 
this supplemental NPRM.
     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 98057-3356; 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 supplemental NPRM. Send your comments to an 
address listed in the ADDRESSES section. Include the docket number 
``Docket No. 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 this 
supplemental NPRM. We will consider all comments received by the 
closing date and may amend this supplemental NPRM in light of those 
comments.
    We will post all comments submitted, 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 supplemental NPRM. 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 in the Nassif Building at the DOT 
street address stated in ADDRESSES. Comments will be available in the 
AD docket shortly after the Docket Management System receives them.

Discussion

    We proposed to amend 14 CFR part 39 with a notice of proposed 
rulemaking

[[Page 70649]]

(NPRM) for an airworthiness directive (AD) (the ``original NPRM''). The 
original NPRM applies to certain EMBRAER Model EMB-145, -145ER, -145MR, 
-145LR, -145XR, -145MP, and -145EP airplanes. The original NPRM was 
published in the Federal Register on May 9, 2006 (71 FR 26880). The 
original NPRM proposed to require replacing the electrical bonding 
clamps inside the fuel tanks and adjacent areas.
    Since we issued the original NPRM, the Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o 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. The ANAC 
issued Brazilian airworthiness directive 2006-02-03R2, effective 
October 8, 2006, to address the subject unsafe condition on these 
airplanes. Brazilian airworthiness directive 2006-02-03R2, which was 
issued to remove airplanes from the applicability, supersedes Brazilian 
airworthiness directive 2006-02-03R1, effective June 28, 2006. 
Brazilian airworthiness directive 2006-02-03R1, which was issued to add 
new airplanes to the applicability and new requirements, supersedes 
Brazilian airworthiness directive 2006-02-03, effective February 24, 
2006. Brazilian airworthiness directive 2006-02-03 was referenced as 
the parallel Brazilian airworthiness directive in the original NPRM.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145LEG-28-0030, dated April 19, 
2006, for Model EMB-135 airplanes. The service bulletin describes 
procedures for replacing the electrical bonding clamps, having part 
numbers AN735D4 and AN735D6, and their associated attaching parts, 
inside the forward fuel tank. 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/adjusting 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 forward fuel tank. These procedures are the same as those 
described in EMBRAER Service Bulletin 145-28-0028, dated November 7, 
2005, for Model EMB-145 airplanes, as described in the original NPRM. 
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 
2006-02-03R2, effective October 8, 2006, to ensure the continued 
airworthiness of these airplanes in Brazil.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    The changes discussed above expand the scope of the original NPRM; 
therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this supplemental NPRM.

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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                                                                                                                     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, per  Between $193 and $247             20  Between $3,860 and
 airplane groups).                                                kit (depending on kit/    (depending on kit/                    $4,940 (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 supplemental NPRM 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

0
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

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

[[Page 70650]]

Sec.  39.13  [Amended]

0
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 January 
2, 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-145, -145ER, -145MR, -145LR, -       EMBRAER Service Bulletin 145-28-
 145XR, -145MP, and -145EP airplanes.     0028, dated November 7, 2005.
EMB-135BJ, -135ER, -135KE, -135KL, and - EMBRAER Service Bulletin 145LEG-
 135LR airplanes.                         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-145, -145ER, -145MR, -145LR, -       EMBRAER Service Bulletin 145-28-
 145XR, -145MP, and -145EP airplanes.     0028, dated November 7, 2005.
EMB-135BJ, -135ER, -135KE, -135KL, and - EMBRAER Service Bulletin 145LEG-
 135LR airplanes.                         28-0030, dated April 19, 2006.
------------------------------------------------------------------------

    (1) For Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes; and Model EMB-135ER, -135KE, -135KL, and -
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.

    Issued in Renton, Washington, on November 20, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-20629 Filed 12-5-06; 8:45 am]
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