Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-145LR, -145XR, and -145MP Airplanes; and Model EMB-135BJ and -135LR Airplanes

[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Rules and Regulations]
[Pages 27730-27732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9401]


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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; 
Amendment 39-15052; AD 2007-10-11]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-145LR, -145XR, and -145MP Airplanes; and Model EMB-
135BJ and -135LR Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain EMBRAER Model EMB-145LR, -145XR, and -145MP airplanes; and 
Model EMB-135BJ and -135LR airplanes. This AD requires replacing the 
electrical bonding clamps inside the fuel tanks and adjacent areas. 
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.

DATES: This AD becomes effective June 21, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of June 21, 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 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 supplemental notice of proposed rulemaking (NPRM) 
to amend 14 CFR part 39 to include an AD that would apply to certain 
EMBRAER Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes; and Model EMB-135BJ, -135ER, -135KE, -135KL, and -
135LR airplanes. That supplemental NPRM was published in the Federal 
Register on December 6, 2006 (71 FR 70648). That supplemental NPRM 
proposed to require replacing the electrical bonding clamps inside the 
fuel tanks and adjacent areas. 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. We have considered the single comment received.

Request To Remove Airplanes From the Applicability of the Supplemental 
NPRM

    ExpressJet points out that the supplemental NPRM specified that the 
newly added EMBRAER Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR 
airplanes accomplish the required actions in accordance with EMBRAER 
Service Bulletin 145LEG-28-0030, dated April 19, 2006. ExpressJet 
asserts that this service bulletin is not applicable to any of these 
airplanes, except the Model EMB-135BJ airplanes. Therefore, ExpressJet 
states that EMBRAER Model EMB-135ER, -135KE, -135KL, and -135LR 
airplanes should not be included in the applicability of the 
supplemental NPRM.
    From this comment, we infer that ExpressJet is requesting that 
EMBRAER Model EMB-135ER, -135KE, -135KL, and -135LR airplanes be 
removed from the applicability of the AD. We partially agree. As we 
stated in the supplemental NPRM, the Agincia Nacional de Aviarno 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. ANAC

[[Page 27731]]

subsequently issued Brazilian airworthiness directive 2006-02-03R2, 
effective October 8, 2006, to address the subject unsafe condition on 
``Model EMB-135 airplanes.''
    However, we have verified the effectivity of EMBRAER Service 
Bulletins 145-28-0028, dated November 7, 2005; and 145LEG-28-0030, 
dated April 19, 2006; with EMBRAER. EMBRAER Service Bulletin 145LEG-28-
0030 applies only to Model EMB-135BJ airplanes. EMBRAER Service 
Bulletin 145-28-0028 applies only to Model EMB-135LR airplanes, and to 
Model EMB-145LR, -145XR, and -145MP airplanes. Therefore, we agree that 
Model EMB-135ER, -135KE, and -135KL airplanes are not subject to the 
requirements of this AD and we have removed those airplanes from the 
applicability of this AD. We do not agree to remove Model EMB-135LR 
airplanes from the applicability of this AD, but we do agree that these 
airplanes are not subject to EMBRAER Service Bulletin 145LEG-28-0030. 
Therefore, we have revised Tables 1 and 2 of this AD to specify that 
these airplanes are identified in and must use EMBRAER Service Bulletin 
145-28-0028 to accomplish the actions required by this AD.
    In addition, we have removed Model EMB-145, -145ER, -145MR, and -
145EP airplanes from the applicability of this AD. These airplanes are 
not identified in EMBRAER Service Bulletin 145-28-0028 and are not 
subject to the requirements of this AD.

Conclusion

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

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                      Number of
                                                       Average                                                          U.S.-
               Action                  Work hours    labor rate            Parts              Cost per airplane      registered         Fleet cost
                                                      per hour                                                        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Replacement of bonding clamp (all               2           $80   Between $33 and $87,     Between $193 and $247             20   Between $3,860 and
 airplane groups).                                                 per kit (depending on    (depending on kit/                     $4,940 (depending on
                                                                   kit/airplane group).     airplane group).                       kit/airplane group).
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    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):

2007-10-11 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15052. Docket No. FAA-2006-24696; Directorate 
Identifier 2006-NM-038-AD.

Effective Date

    (a) This AD becomes effective June 21, 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
------------------------------------------------------------------------
            EMBRAER model--                     As identified in--
------------------------------------------------------------------------
EMB-145LR, -145XR, -145MP, and -135LR    EMBRAER Service Bulletin 145-28-
 airplanes.                               0028, dated November 7, 2005.

[[Page 27732]]

 
EMB-135BJ airplanes....................  EMBRAER Service Bulletin 145LEG-
                                          28-0030, dated April 19, 2006.
------------------------------------------------------------------------

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
------------------------------------------------------------------------
          For EMBRAER model--                         Use--
------------------------------------------------------------------------
EMB-145LR, -145XR, -145MP, and -135LR    EMBRAER Service Bulletin 145-28-
 airplanes.                               0028, dated November 7, 2005
EMB-135BJ airplanes....................  EMBRAER Service Bulletin 145LEG-
                                          28-0030, dated April 19, 2006.
------------------------------------------------------------------------

    (1) For Model EMB-145LR, -145XR, and -145MP airplanes; and Model 
EMB-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.

Material Incorporated by Reference

    (i) You must use EMBRAER Service Bulletin 145-28-0028, dated 
November 7, 2005; or EMBRAER Service Bulletin 145LEG-28-0030, dated 
April 19, 2006; as applicable; to perform the actions that are 
required by this AD, unless the AD specifies otherwise. 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 May 7, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-9401 Filed 5-16-07; 8:45 am]
BILLING CODE 4910-13-P

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