Airworthiness Directives; Empresa Brasileira del Aeronautica S.A. (EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes, 11333-11335 [06-2158]

Download as PDF Federal Register / Vol. 71, No. 44 / Tuesday, March 7, 2006 / Proposed Rules accomplishment of this inspection must be measured from the last inspection accomplished by the previous operator. After each inspection has been performed once, each subsequent inspection must be performed in accordance with the new operator’s schedule and inspection method. (2) For airplanes that have not been inspected in accordance with this AD, the inspection of each PSE required by this AD must be accomplished either prior to adding the airplane to the air carrier’s operations specification, or in accordance with a schedule and an inspection method approved by the Manager, Los Angeles ACO. After each inspection has been performed once, each subsequent inspection must be performed per the new operator’s schedule. Inspections Accomplished Before the Effective Date of This AD (n) Inspections accomplished prior to the effective date of this AD in accordance with Boeing Report No. L26–008, ‘‘DC–9 All Series Supplemental Inspection Document (SID),’’ Volume I, Revision 6, dated November 2002, are acceptable for compliance with the requirements of paragraph (i) of this AD. sroberts on PROD1PC70 with PROPOSALS Acceptable for Compliance (o) Boeing Report MDC 91K0263, ‘‘DC–9/ MD–80 Aging Aircraft Repair Assessment Program Document,’’ Revision 1, dated October 2000, provides inspection/ replacement programs for certain repairs to the fuselage pressure shell. These repairs and inspection/replacement programs are considered acceptable for compliance with the requirements of paragraphs (i), (l), and (m) of this AD for repairs subject to that document. Alternative Methods of Compliance (AMOCs) (p)(1) The Manager, Los Angeles ACO, 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 CFR 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Los Angeles ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane and 14 CFR 25.571, Amendment 45, and the approval must specifically refer to this AD. (4) AMOCs approved previously for alternative inspection procedures per AD 87– 14–07 R1, amendment 39–6019; AD 94–03– 01, amendment 39–8807; and AD 96–13–03, amendment 39–9671; are acceptable for compliance with the actions required by paragraph (f) of this AD for inspections performed before the requirements of paragraph (i) are accomplished. (5) AMOCs approved previously for repairs per AD 87–14–07 R1, amendment 39–6019; AD 94–03–01, amendment 39–8807; and AD VerDate Aug<31>2005 16:19 Mar 06, 2006 Jkt 208001 11333 [Docket No. FAA–2006–24076; Directorate Identifier 2006–NM–015–AD] • 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, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 227–2125; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: RIN 2120–AA64 Comments Invited Airworthiness Directives; Empresa Brasileira del Aeronautica S.A. (EMBRAER) Model EMB–120, –120ER, –120FC, –120QC, and –120RT Airplanes We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number ‘‘FAA–2006–24076; Directorate Identifier 2006–NM–015–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to https:// 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 proposed AD. 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 https:// dms.dot.gov. 96–13–03, amendment 39–9671; are acceptable for compliance with the requirements of paragraph (l) of this AD. Issued in Renton, Washington, on February 23, 2006. Michael J. Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 06–2157 Filed 3–6–06; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for certain EMBRAER Model EMB–120, –120ER, –120FC, –120QC, and –120RT airplanes. This proposed AD would require replacing the shut-off and crossbleed valves of the bleed air system with new valves having hermetically sealed switches. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent a potential source of ignition near a fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane. We must receive comments on this proposed AD by April 6, 2006. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to https://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to https://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. DATES: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 Examining the Docket You may examine the AD docket on the Internet at https://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 DOT street address stated in the ADDRESSES section. Comments will be available in E:\FR\FM\07MRP1.SGM 07MRP1 11334 Federal Register / Vol. 71, No. 44 / Tuesday, March 7, 2006 / Proposed Rules sroberts on PROD1PC70 with PROPOSALS the AD docket shortly after the Docket Management System receives them. Discussion The FAA has examined the underlying safety issues involved in fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a regulation titled ‘‘Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements’ (67 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 (‘‘SFAR 88,’’ Amendment 21–78, and subsequent Amendments 21–82 and 21–83). Among other actions, SFAR 88 requires certain type design (i.e., type certificate (TC) and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine-powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intended to adopt airworthiness directives to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews. In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: Single failures, single failures in combination with another latent condition(s), and in-service failure experience. For all four criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action. We have determined that the actions identified in this AD are necessary to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. The Departmento de VerDate Aug<31>2005 16:19 Mar 06, 2006 Jkt 208001 Aviacao Civil (DAC), which is the airworthiness authority for Brazil, notified us that an unsafe condition may exist on certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–120, –120ER, –120FC, –120QC, and –120RT airplanes. The DAC advises that the manufacturer conducted a fuel system review and found that the shutoff and crossbleed valves of the bleed air system must be replaced with new shutoff and crossbleed valves having hermetically sealed switches. Shut-off and crossbleed valves of the bleed air system that do not have hermetically sealed switches may function as a potential source of ignition near a fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane. Relevant Service Information EMBRAER has issued Service Bulletin (SB) 120–36–0016, Revision 01, dated October 4, 2004. The SB describes procedures for replacing the existing shut-off and crossbleed valves of the bleed air system with new shut-off and crossbleed valves having hermetically sealed switches. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The DAC mandated the service information and issued Brazilian airworthiness directive 2005–12–03, effective January 19, 2006, to ensure the continued airworthiness of these airplanes in Brazil. FAA’s Determination and Requirements of the Proposed AD These airplane models are manufactured in Brazil and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the DAC has kept the FAA informed of the situation described above. We have examined the DAC’s findings, evaluated all pertinent information, and determined that we need to issue an AD for airplanes of this type design that are certificated for operation in the United States. Therefore, we are proposing this AD, which would require accomplishing the actions specified in the service information described previously. Costs of Compliance This proposed AD would affect about 180 airplanes of U.S. registry. The proposed actions would take about 3 work hours per airplane, at an average labor rate of $65 per work hour. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 Required parts would cost about $10,305 per airplane. Based on these figures, the estimated cost of the proposed AD for U.S. operators is $1,890,000, or $10,500 per airplane. 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 proposed 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, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, E:\FR\FM\07MRP1.SGM 07MRP1 Federal Register / Vol. 71, No. 44 / Tuesday, March 7, 2006 / Proposed Rules 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. § 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA–2006– 24076; Directorate Identifier 2006–NM– 015–AD. (2) Before using any AMOC approved in accordance with § 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 2005– 12–03 , effective January 19, 2006, also addresses the subject of this AD. Issued in Renton, Washington, on February 22, 2006. Michael J. Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 06–2158 Filed 3–6–06; 8:45 am] BILLING CODE 4910–13–P Comments Due Date (a) The FAA must receive comments on this AD action by April 6, 2006. DEPARTMENT OF TRANSPORTATION Affected ADs (b) None. 14 CFR Part 39 Federal Aviation Administration Applicability (c) This AD applies to EMBRAER Model EMB–120, –120ER, –120FC, –120QC, and –120RT airplanes as identified in EMBRAER Service Bulletin 120–36–0016, Revision 01, dated October 4, 2004; certificated in any category. Unsafe Condition (d) This AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent a potential source of ignition near a fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent 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. Replacing the Shut-Off and Crossbleed Valves (f) Within 5,000 flight hours after the effective date of this AD, replace the shut-off and crossbleed valves of the bleed air system with new shut-off and crossbleed valves having hermetically sealed switches, in accordance with EMBRAER Service Bulletin 120–36–0016, Revision 01, dated October 4, 2004. sroberts on PROD1PC70 with PROPOSALS Parts Installation (g) As of the effective date of this AD, no person may install any shut-off or crossbleed valve of the bleed air system with any shutoff or crossbleed valve that does not have hermetically sealed switches. Alternative Methods of Compliance (AMOCs) (h)(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. VerDate Aug<31>2005 16:19 Mar 06, 2006 Jkt 208001 [Docket No. FAA–2006–24074; Directorate Identifier 2005–NM–213–AD] RIN 2120–AA64 Airworthiness Directives; Bombardier Model CL–600–2C10 (Regional Jet Series 700, 701, & 702) Airplanes, Model CL–600–2D15 (Regional Jet Series 705) Airplanes, and Model CL– 600–2D24 (Regional Jet Series 900) Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Bombardier Model CL–600–2C10 (Regional Jet Series 700 & 701) and CL– 600–2D24 (Regional Jet Series 900) series airplanes. The existing AD currently requires repetitive detailed inspections for cracking or deformation, or pulled or missing fasteners, on the lower panel of the left- and right-hand main landing gear (MLG) doors, as applicable, and corrective actions if necessary. This proposed AD would reduce the repetitive inspection interval for certain airplanes. This proposed AD also adds airplanes to the applicability. This proposed AD results from a report of a MLG door departing from an airplane. We are proposing this AD to prevent failure of the lower panel of the MLG door, the lower panel’s departure from the airplane, and consequent damage to airplane structure, which could adversely affect the airplane’s continued safe flight and landing. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 11335 We must receive comments on this proposed AD by April 6, 2006. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to https://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to https://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 Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada, for service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Richard Beckwith, Aerospace Engineer, Airframe and Propulsion Branch, ANE– 171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New York 11590; telephone (516) 228–7302; fax (516) 794–5531. SUPPLEMENTARY INFORMATION: DATES: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number ‘‘Docket No. FAA–2006–24074; Directorate Identifier 2005–NM–213– AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to https:// 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 proposed AD. 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, E:\FR\FM\07MRP1.SGM 07MRP1

Agencies

[Federal Register Volume 71, Number 44 (Tuesday, March 7, 2006)]
[Proposed Rules]
[Pages 11333-11335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2158]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24076; Directorate Identifier 2006-NM-015-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira del Aeronautica S.A. 
(EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain EMBRAER Model EMB-120, -120ER, -120FC, -120QC, and -120RT 
airplanes. This proposed AD would require replacing the shut-off and 
crossbleed valves of the bleed air system with new valves having 
hermetically sealed switches. This proposed AD results from fuel system 
reviews conducted by the manufacturer. We are proposing this AD to 
prevent a potential source of ignition near a fuel tank, which, in 
combination with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by April 6, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to https://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to https://
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, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; 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 proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``FAA-2006-
24076; Directorate Identifier 2006-NM-015-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to https://
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 proposed AD. 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 https://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at https://
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 DOT 
street address stated in the ADDRESSES section. Comments will be 
available in

[[Page 11334]]

the AD docket shortly after the Docket Management System receives them.

Discussion

    The FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
adequacy of existing regulations, the service history of airplanes 
subject to those regulations, and existing maintenance practices for 
fuel tank systems. As a result of those findings, we issued a 
regulation titled ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction and Maintenance and Inspection Requirements' (67 
FR 23086, May 7, 2001). In addition to new airworthiness standards for 
transport airplanes and new maintenance requirements, this rule 
included Special Federal Aviation Regulation No. 88 (``SFAR 88,'' 
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent modifications to those airplanes. It requires them to 
perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt airworthiness directives to mandate any changes found necessary 
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: Single failures, single failures in 
combination with another latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    We have determined that the actions identified in this AD are 
necessary to reduce the potential of ignition sources inside fuel 
tanks, which, in combination with flammable fuel vapors, could result 
in fuel tank explosions and consequent loss of the airplane. The 
Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified us that an unsafe condition may exist on 
certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120, 
-120ER, -120FC, -120QC, and -120RT airplanes. The DAC advises that the 
manufacturer conducted a fuel system review and found that the shut-off 
and crossbleed valves of the bleed air system must be replaced with new 
shut-off and crossbleed valves having hermetically sealed switches. 
Shut-off and crossbleed valves of the bleed air system that do not have 
hermetically sealed switches may function as a potential source of 
ignition near a fuel tank, which, in combination with flammable fuel 
vapors, could result in a fuel tank explosion and consequent loss of 
the airplane.

Relevant Service Information

    EMBRAER has issued Service Bulletin (SB) 120-36-0016, Revision 01, 
dated October 4, 2004. The SB describes procedures for replacing the 
existing shut-off and crossbleed valves of the bleed air system with 
new shut-off and crossbleed valves having hermetically sealed switches. 
Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The DAC mandated 
the service information and issued Brazilian airworthiness directive 
2005-12-03, effective January 19, 2006, to ensure the continued 
airworthiness of these airplanes in Brazil.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in Brazil and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DAC has kept the FAA informed of 
the situation described above. We have examined the DAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for airplanes of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously.

Costs of Compliance

    This proposed AD would affect about 180 airplanes of U.S. registry. 
The proposed actions would take about 3 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts would cost 
about $10,305 per airplane. Based on these figures, the estimated cost 
of the proposed AD for U.S. operators is $1,890,000, or $10,500 per 
airplane.

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 proposed 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, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator,

[[Page 11335]]

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-
2006-24076; Directorate Identifier 2006-NM-015-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 6, 
2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-120, -120ER, -120FC, -
120QC, and -120RT airplanes as identified in EMBRAER Service 
Bulletin 120-36-0016, Revision 01, dated October 4, 2004; 
certificated in any category.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are proposing this AD to prevent a potential source 
of ignition near a fuel tank, which, in combination with flammable 
fuel vapors, could result in a fuel tank explosion and consequent 
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.

Replacing the Shut-Off and Crossbleed Valves

    (f) Within 5,000 flight hours after the effective date of this 
AD, replace the shut-off and crossbleed valves of the bleed air 
system with new shut-off and crossbleed valves having hermetically 
sealed switches, in accordance with EMBRAER Service Bulletin 120-36-
0016, Revision 01, dated October 4, 2004.

Parts Installation

    (g) As of the effective date of this AD, no person may install 
any shut-off or crossbleed valve of the bleed air system with any 
shut-off or crossbleed valve that does not have hermetically sealed 
switches.

Alternative Methods of Compliance (AMOCs)

    (h)(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

    (i) Brazilian airworthiness directive 2005-12-03 , effective 
January 19, 2006, also addresses the subject of this AD.

    Issued in Renton, Washington, on February 22, 2006.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-2158 Filed 3-6-06; 8:45 am]
BILLING CODE 4910-13-P

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