[Federal Register Volume 71, Number 237 (Monday, December 11, 2006)]
[Rules and Regulations]
[Pages 71480-71483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20862]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25422; Directorate Identifier 2006-NM-095-AD; 
Amendment 39-14848; AD 2006-25-07]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135ER and -135KE Airplanes; and Model EMB-145, -
145ER, -145MR, -145MP, and -145EP 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 all 
EMBRAER Model EMB-135ER and -135KE airplanes and Model EMB-145, -145ER, 
-145MR, -145MP, and -145EP airplanes. This AD requires inspecting the 
fuel quantity indication system (FQIS) wire harness and the direct 
current (DC) fuel pump wire harness to determine if the harnesses are 
properly attached at their respective attachment points and properly 
separated from one another, and performing corrective actions if 
necessary. This AD results from a report that the FQIS wire harness may 
not be properly attached at its attachment points or properly separated 
from the DC fuel pump wire harness. We are issuing this AD to prevent 
chafing between those harnesses or chafing of the harnesses against 
adjacent airplane structure or components, which could present a 
potential ignition source that could result in a fire or explosion.

DATES: This AD becomes effective January 16, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of January 16, 
2007.

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 98057-3356; 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 EMBRAER Model EMB-
135 and EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes. That NPRM was published in the Federal Register on July 24, 
2006 (71 FR 41745). That NPRM proposed to require inspecting the fuel 
quantity indication system (FQIS) wire harness and the DC fuel pump 
wire harness to determine if the harnesses are properly attached at 
their respective attachment points and properly separated from one 
another, and performing corrective actions if necessary.

Comments

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

[[Page 71481]]

Requests To Add Revised Service Information

    EMBRAER advises that Revision 04, dated November 7, 2005, of 
EMBRAER Service Bulletin 145-28-0025, referenced in the NPRM as the 
appropriate source of service information for accomplishing the 
specified actions, has been revised. EMBRAER notes that EMBRAER Service 
Bulletin 145-28-0025, Revision 05, dated May 23, 2006, contains minor 
changes and that no additional work is required.
    American Eagle (AE) asks that Revision 05 of the referenced service 
bulletin be added to paragraph (f) of the AD as the source of service 
information for accomplishing the specified actions. AE states that the 
only change to Revision 05 of the service bulletin is the reduced 
effectivity.
    We agree with the commenters. We have reviewed Revision 05 of the 
service bulletin and agree that it does not necessitate additional 
work; Revision 04 of the service bulletin was referenced in the NPRM as 
the appropriate source of service information for accomplishing the 
specified actions. We have revised paragraph (f) of the AD to reflect 
the revised service bulletin. In addition, we have revised the table in 
paragraph (h) of this AD to specify that accomplishing the actions in 
paragraph (f) of the AD in accordance with Revision 04 of the service 
bulletin is also considered to be an acceptable method of compliance.

Requests To Limit Applicability

    EMBRAER notes that only airplanes with dry wing stubs are affected 
by the service bulletin, but the NPRM applies to all EMBRAER Model EMB-
135ER and EMB-145 airplanes. EMBRAER states that since only Model EMB-
135ER and -135KE airplanes and Model EMB-145, -145ER, -145MR, -145MP, 
and -145EP airplanes have dry wing stub configurations, the 
applicability in the NPRM should be changed to identify only those 
airplanes.
    AE asks that the applicability in the NPRM be limited to Model EMB-
135ER and EMB-145ER airplanes only. AE also notes that only airplanes 
with dry wing stubs are affected by the NPRM. AE adds that it does not 
operate the affected airplanes.
    We agree with EMBRAER for the reasons provided. We have changed the 
applicability throughout this AD to reflect the applicability 
identified by EMBRAER. We have also changed the number of affected 
airplanes from 494 to 35 in the Costs of Compliance section of this AD.

Request To Change Incorporation of Certain Information

    The Modification and Replacement Parts Association (MARPA) states 
that, typically, airworthiness directives are based on service 
information originating with the type certificate holder or its 
suppliers. MARPA adds that manufacturer service documents are privately 
authored instruments generally having copyright protection against 
duplication and distribution. MARPA notes that when a service document 
is incorporated by reference into a public document, such as an 
airworthiness directive, it loses its private, protected status and 
becomes a public document. MARPA adds that if a service document is 
used as a mandatory element of compliance, it should not simply be 
referenced, but should be incorporated into the regulatory document; by 
definition, public laws must be public, which means they cannot rely 
upon private writings. MARPA adds that incorporated by reference 
service documents should be made available to the public by publication 
in the Document Management System (DMS), keyed to the action that 
incorporates them. MARPA notes that the stated purpose of the 
incorporated by reference method is brevity, to keep from expanding the 
Federal Register needlessly by publishing documents already in the 
hands of the affected individuals; traditionally, ``affected 
individuals'' means aircraft owners and operators, who are generally 
provided service information by the manufacturer. MARPA adds that a new 
class of affected individuals has emerged, since the majority of 
aircraft maintenance is now performed by specialty shops instead of 
aircraft owners and operators. MARPA notes that this new class includes 
maintenance and repair organizations, component servicing and repair 
shops, parts purveyors and distributors, and organizations 
manufacturing or servicing alternatively certified parts under part 21 
of the Federal Aviation Regulations (14 CFR part 21), Sec.  21.303 
(parts manufacturer approval). MARPA adds that the concept of brevity 
is now nearly archaic as documents exist more frequently in electronic 
format than on paper. Therefore, MARPA asks that the service documents 
deemed essential to the accomplishment of the NPRM be incorporated by 
reference into the regulatory instrument, and published in the DMS.
    We do not agree that documents should be incorporated by reference 
during the NPRM phase of rulemaking. The Office of the Federal Register 
(OFR) requires that documents that are necessary to accomplish the 
requirements of the AD be incorporated by reference during the final 
rule phase of rulemaking. This final rule incorporates by reference the 
document necessary for the accomplishment of the requirements mandated 
by this AD. Further, we point out that while documents that are 
incorporated by reference do become public information, they do not 
lose their copyright protection. For that reason, we advise the public 
to contact the manufacturer to obtain copies of the referenced service 
information.
    We are currently reviewing our practice of publishing proprietary 
service information. Once we have thoroughly examined all aspects of 
this issue, and have made a final determination, we will consider 
whether our current practice needs to be revised. However, we consider 
that to delay this AD action for that reason would be inappropriate, 
since we have determined that an unsafe condition exists and that the 
requirements in this AD must be accomplished to ensure continued 
safety. Therefore, we have not changed the AD in this regard.

Change to AD

    We have changed paragraph (g) of this AD to specify that the 
actions required in that paragraph must be done in accordance with a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. In addition, we have clarified the 
specific section of the EMBRAER Standard Wiring Practices Manual and 
identified it as one approved method of compliance for doing the 
required actions.

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. 
These changes will neither increase the economic burden on any operator 
nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 35 airplanes of U.S. registry. The actions 
take about 1 work hour per airplane, at an average labor rate of $80 
per work hour. Based on these figures, the estimated cost of the AD for 
U.S. operators is $2,800, or $80 per airplane.

[[Page 71482]]

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):

2006-25-07 Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-14848. Docket No. FAA-2006-25422; Directorate 
Identifier 2006-NM-095-AD.

Effective Date

    (a) This AD becomes effective January 16, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER Model EMB-135ER and -135KE 
airplanes and Model EMB-145, -145ER, -145MR, -145MP, and -145EP 
airplanes; certificated in any category.

Unsafe Condition

    (d) This AD results from a report that the fuel quantity 
indication system (FQIS) wire harness may not be properly attached 
at its attachment points or properly separated from the direct 
current (DC) fuel pump wire harness. We are issuing this AD to 
prevent chafing between those harnesses or chafing of the harnesses 
against adjacent airplane structure or components, which could 
present a potential ignition source that could result in a 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.

Inspecting Harnesses for Proper Attachment and Separation

    (f) Within 5,000 flight hours after the effective date of this 
AD: Do a one-time general visual inspection of the FQIS wire harness 
and the DC fuel pump wire harness to determine if the harnesses are 
properly attached at their respective attachment points and properly 
separated from one another, and do all applicable corrective 
actions, in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 145-28-0025, Revision 05, dated May 23, 
2006. All applicable corrective actions must be done before further 
flight.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

Further Corrective Actions

    (g) If any broken, frayed, cracked, or damaged wire, or a 
damaged harness, is found: Before further flight, repair the damaged 
wire or harness in accordance with a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA. 
One approved method is using Section 20-21-00 of the EMBRAER 
Standard Wiring Practices Manual.

Actions Accomplished Previously

    (h) Actions done before the effective date of this AD in 
accordance with one of the service bulletins identified in Table 1 
of this AD are acceptable for compliance with the corresponding 
actions required by this AD.

                              Table 1.--Previous Issues of the Service Information
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        Embraer Service Bulletin                   Revision level                           Date
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145-28-0025.............................  Original.......................  April 19, 2004.
145-28-0025.............................  01.............................  June 9, 2004.
145-28-0025.............................  02.............................  November 8, 2004.
145-28-0025.............................  03.............................  April 28, 2005.
145-28-0025.............................  04.............................  November 7, 2005.
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Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, International Branch, ANM-116, 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.

[[Page 71483]]

Related Information

    (j) Brazilian airworthiness directive 2006-03-01, dated April 
19, 2006, also addresses the subject of this AD.

Material Incorporated by Reference

    (k) You must use EMBRAER Service Bulletin 145-28-0025, Revision 
05, dated May 23, 2006, to perform the actions that are required by 
this AD, unless the AD specifies otherwise. EMBRAER Service Bulletin 
145-28-0025, Revision 05, dated May 23, 2006, contains the following 
effective pages:

------------------------------------------------------------------------
                                   Change
                                   level
            Page No.              shown on       Date shown on page
                                    page
------------------------------------------------------------------------
1, 2, 8........................         05  May 23, 2006.
3-7, 9-15......................         04  November 7, 2005.
------------------------------------------------------------------------

    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 November 21, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-20862 Filed 12-8-06; 8:45 am]
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