[Federal Register Volume 72, Number 114 (Thursday, June 14, 2007)]
[Rules and Regulations]
[Pages 32780-32782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11204]


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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; 
Amendment 39-15095; AD 2007-12-17]
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: Final rule.

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SUMMARY: The FAA is adopting 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 AD requires 
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 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.

DATES: This AD becomes effective July 19, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of July 19, 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

[[Page 32781]]

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: 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) 227-1149.

SUPPLEMENTARY INFORMATION:

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) 647-5527) is located on the 
plaza level of the Nassif Building at the street address stated in the 
ADDRESSES section.

Discussion

    The FAA issued a supplemental notice of proposed rulemaking (NPRM) 
to amend 14 CFR part 39 to include an AD that would apply to certain 
EMBRAER Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes. That supplemental NPRM was 
published in the Federal Register on March 30, 2007 (72 FR 15075). That 
supplemental 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. That supplemental NPRM also 
proposed to add airplanes to the applicability.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been received on the 
supplemental NPRM or on the determination of the cost to the public.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD with the 
change described previously. We have determined that this change will 
neither increase the economic burden on any operator nor increase the 
scope of the AD.

Costs of Compliance

    This AD affects about 623 airplanes of U.S. registry. The required 
actions take about 1 work hour per airplane, at an average labor rate 
of $80 per work hour. Required parts cost about $1,121 (for each of 30 
Model EMB-135BJ airplanes) or $1,788 (for each of 593 remaining 
airplanes). The estimated cost of the AD per airplane is $1,201 or 
$1,868. Based on these figures, the estimated cost of the AD 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 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):

2007-12-17 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15095. Docket No. FAA-2006-26354; Directorate 
Identifier 2006-NM-196-AD.

Effective Date

    (a) This AD becomes effective July 19, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following airplanes, certificated in 
any category; as described in paragraphs (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

[[Page 32782]]

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) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Related Information

    (i) Brazilian airworthiness directive 2006-06-02, effective June 
28, 2006, also addresses the subject of this AD.

Material Incorporated by Reference

    (j)(1) You must use EMBRAER Service Bulletin 145-28-0023, 
Revision 07, dated February 7, 2007; or EMBRAER Service Bulletin 
145LEG-28-0018, Revision 01, dated April 20, 2005; as applicable, to 
perform the actions that are required by this AD, unless the AD 
specifies otherwise.
    (2) EMBRAER Service Bulletin 145LEG-28-0018, Revision 01, dated 
April 20, 2005, contains the following effective pages:

------------------------------------------------------------------------
                              Revision level shown
         Page number                 on page         Date shown on page
------------------------------------------------------------------------
1, 2........................  01..................  April 20, 2005.
3-20........................  Original............  April 23, 2004.
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(Page 2 of EMBRAER Service Bulletin 145LEG-28-0018, Revision 01, 
dated April 20, 2005, incorrectly shows a revision date of April 20, 
2004; that date should be April 20, 2005.)

    (3) The Director of the Federal Register approved the 
incorporation by reference of these documents 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 FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 1, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-11204 Filed 6-13-07; 8:45 am]
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