[Federal Register Volume 72, Number 61 (Friday, March 30, 2007)]
[Proposed Rules]
[Pages 15075-15077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5911]


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

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SUMMARY: The FAA is revising an earlier NPRM for certain EMBRAER Model 
EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes. The original NPRM would have required 
replacing the metallic tubes enclosing the vent and pilot valve wires 
in the left- and right-hand wing fuel tanks with non-conductive hoses. 
The original NPRM resulted from fuel system reviews conducted by the 
manufacturer. This action revises the original NPRM by adding airplanes 
to the applicability. We are proposing this supplemental NPRM 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 supplemental NPRM by April 24, 
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 AD.

FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1503; fax (425) 227-1503.

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-2006-26354; 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 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 (NPRM) for an airworthiness directive (AD) (the ``original 
NPRM''). The original NPRM applies to certain EMBRAER Model EMB-135 
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes. The original NPRM was published in the Federal 
Register on November 20, 2006 (71 FR 67082). The original NPRM proposed 
to 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.

Comments

    We have considered the following comments on the original NPRM.

Support for the NPRM

    Chautauqua Airlines expresses full support for the intent of the 
NPRM and the initiatives taken by the FAA to enhance safety.

Request To Revise Service Information Reference

    EMBRAER requests that we revise the NPRM to refer to current 
service information. EMBRAER states that, although the NPRM specifies 
Service Bulletin 145-28-0023, Revision 05,

[[Page 15076]]

dated May 15, 2006, as the latest revision, Revision 06 and Revision 07 
have been issued. EMBRAER therefore proposes that the NPRM be revised 
to cite EMBRAER Bulletin 145-28-0023, Revision 07, dated February 7, 
2007, as the appropriate source of service information for 
accomplishing the requirements of the AD; and that EMBRAER Service 
Bulletin 145-28-0023, Revision 05, dated May 15, 2006; and Revision 06, 
dated October 31, 2006; be included in Table 1 of the AD as acceptable 
means of compliance.
    We agree with this request as ADs should refer to current service 
information. We have reviewed Service Bulletin 145-28-0023, Revision 
06, dated October 31, 2006; and Revision 07, dated February 7, 2007; 
which include additional airplanes in the effectivity. The procedures 
in Revision 06 and Revision 07 are essentially the same as in Revision 
05; however, Revision 06 corrects a few illustrative errors and 
Revision 07 specifies a reduced parts cost. Accordingly, in the Costs 
of Compliance of this supplemental NPRM, we have increased the number 
of airplanes of U.S. registry specified to 623 airplanes and revised 
the parts cost. We have also revised the supplemental NPRM to refer to 
Service Bulletin 145-28-0023, Revision 07, as the appropriate source of 
service information for accomplishing the proposed requirements of the 
supplemental NPRM. Further, we have modified Table 1 of the 
supplemental NPRM to give credit for the use of Service Bulletin 145-
28-0023, Revision 05 and Revision 06, prior to the effective date of 
the AD.

Request for Revised Parts Costs

    Chautauqua Airlines requests that we clarify the parts costs of the 
NPRM, which are listed as ``between $1,121 and $1,796 per airplane.'' 
Chautauqua asserts that EMBRAER Service Bulletin 145-28-0023, Revision 
05, clearly states kit pricing as ``reference price of U.S. 
$1,795.53.'' Chautauqua points out that the $1,796 quoted in the NPRM 
seems appropriate, but that the lower end of the range stated in the 
NPRM is not mentioned anywhere in the referenced service bulletin.
    We partially agree. The kit price of $1,121 does not appear in 
Service Bulletin 145-28-0023, Revision 05, but appears in EMBRAER 
Service Bulletin 145LEG-28-0018, Revision 01, dated April 20, 2005, 
which applies only to Model EMB-135BJ airplanes. Therefore, as stated 
in the original NPRM, the parts cost would have varied between $1,121 
and $1,796, depending upon the airplane model. However, Service 
Bulletin 145-28-0023, Revision 07, specifies a kit price of $1,788 
rather than $1,796. Therefore, we have revised the parts cost of the 
Costs of Compliance of the supplemental NPRM to reflect this reduced 
figure for airplanes other than Model EMB-135BJ airplanes.

Request for Revised Work Hours

    Chautauqua also requests that we revise the labor costs specified 
in the NPRM. Chautauqua states that this NPRM (as with most others) 
does not include time to disassemble, reassemble, or test, allowing one 
man hour for the modification, where the service bulletin allows a 
total of 4.5 man hours to disassemble, modify, reassemble, and test. 
Chautauqua acknowledges that, as a general rule, the FAA does not 
include times for disassembly, reassembly, or testing in proposed 
rules, asserting however, that, over the years, these hours add up to 
considerable expense that is not accounted for in the rulemaking 
process. Chautauqua continues that the NPRM also does not include any 
allowances for defueling the aircraft, which is one of the first 
requirements of the service bulletin. Chautauqua asserts that most 
operators would elect to perform the requirements of the AD during a 
heavy check where the aircraft is already in a defueled state, stating 
that, for those who perform this modification at any time other than a 
heavy check, there may be additional costs associated with defueling. 
Chautauqua asks why these times should not be included in the rule 
making process, stating a firm belief that all associated costs should 
be accounted for in any rulemaking decisions when those costs are so 
clearly identified by the manufacturer.
    We do not agree with this request. As noted by Chautauqua, the cost 
information describes only the direct costs of the specific actions 
required by this supplemental NPRM: in this case, the modification. 
Based on the best data available, the manufacturer provided the number 
of work hours (1 hour) necessary to do the required actions. This 
number represents the time necessary to perform only the actions 
actually required by this supplemental NPRM. We recognize that, in 
doing the actions required by an AD, operators might incur incidental 
costs in addition to the direct costs. The cost analysis in AD 
rulemaking actions, however, typically does not include incidental 
costs such as the time required to gain access and close up, time 
necessary for planning, or time necessitated by other administrative 
actions. Those incidental costs, which might vary significantly among 
operators, are almost impossible to calculate. We have not changed the 
supplemental NPRM in this regard.

Change to Costs of Compliance

    We have been advised that there are 30 Model EMB-135BJ airplanes on 
the U.S. register. As this allows us to specify a more precise fleet 
cost estimate, we have changed the Costs of Compliance of the 
supplemental NPRM accordingly.

Clarification of Applicability

    To eliminate confusion, we have revised the applicability of this 
supplemental NPRM to clearly identify which airplane models are 
affected by each service bulletin.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    Certain 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

    This supplemental NPRM would affect about 623 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 about $1,121 (for each of 30 Model EMB-135BJ airplanes) or 
$1,788 (for each of 593 remaining airplanes). The cost per airplane 
would be $1,201 or $1,868. Based on these figures, the estimated cost 
of the supplemental NPRM for U.S. operators is $1,143,754.

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

[[Page 15077]]

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

    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 April 24, 
2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following airplanes, certificated in 
any category; as described in paragraph (c)(1) and (c)(2) of this 
AD.
    (1) EMBRAER Model EMB-135ER, -135KE, -135KL, and -135LR 
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes; as identified in EMBRAER Service Bulletin 145-
28-0023, Revision 07, dated February 7, 2007.
    (2) EMBRAER Model EMB-135BJ airplanes, as identified in EMBRAER 
Service Bulletin 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.
    (1) For Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes: EMBRAER Service 
Bulletin 145-28-0023, Revision 07, dated February 7, 2007.
    (2) For Model EMB-135BJ airplanes: EMBRAER Service Bulletin 
145LEG-28-0018, Revision 01, dated April 20, 2005.

Credit for Actions Done Using Previous 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.--Acceptable EMBRAER Service Information
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       Service bulletin         Revision level             Date
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145-28-0023..................  Original........  April 19, 2004.
145-28-0023..................  01..............  June 9, 2004.
145-28-0023..................  02..............  November 8, 2004.
145-28-0023..................  03..............  April 27, 2005.
145-28-0023..................  04..............  November 7, 2005.
145-28-0023..................  05..............  May 15, 2006.
145-28-0023..................  06..............  October 31, 2006.
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, effective June 
28, 2006, also addresses the subject of this AD.

    Issued in Renton, Washington, on March 23, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-5911 Filed 3-29-07; 8:45 am]
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