Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes, 26880-26882 [E6-7013]
Download as PDF
26880
Federal Register / Vol. 71, No. 89 / Tuesday, May 9, 2006 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–24696; Directorate
Identifier 2006–NM–038–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–145, –145ER,
–145MR, –145LR, –145XR, –145MP, and
–145EP Airplanes
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–145,
–145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP airplanes. This
proposed AD would require replacing
the electrical bonding clamps inside the
fuel tanks and adjacent areas. This
proposed AD results from a report of a
failure of fitting clamp of an electrical
bonding cable for the fuel tubing. We
are proposing 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.
We must receive comments on
this proposed AD by June 8, 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.
mstockstill on PROD1PC68 with PROPOSALS
DATES:
VerDate Aug<31>2005
15:37 May 08, 2006
Jkt 208001
Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 227–2125; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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–2006–24696; Directorate
Identifier 2006–NM–038–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
the AD docket shortly after the Docket
Management System receives them.
Discussion
The Departmento de Aviacao Civil
(DAC), which is the airworthiness
authority for Brazil, notified us that an
unsafe condition may exist on all
EMBRAER Model EMB–145, –145ER,
–145MR, –145LR, –145XR, –145MP, and
–145EP airplanes. The DAC advises that
it received a report of one failure of
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
fitting clamp of an electrical bonding
cable for the fuel tubing. Investigation
into the failure identified a batch of
electrical bonding cable fitting clamps
that was manufactured with incorrect
material; the incorrect aluminum alloy
Type 1100, which is more ductile than
the correct Type 2602 aluminum alloy,
deforms during the installation process.
The batch of clamps made from
incorrect material was installed on
numerous airplanes. This condition, if
not corrected, could result in 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.
Relevant Service Information
EMBRAER has issued Service Bulletin
145–28–0028, dated November 7, 2005.
The service bulletin describes
procedures for replacing the electrical
bonding clamps, having part numbers
AN735D6 and AN735D4, inside the
ventral, wing stub, and wing fuel tanks,
and adjacent areas. The replacement
includes measuring the electrical
resistance between the tubes joined by
the electrical bonding jumper. If the
resistance is greater than 200 milliohms,
the service bulletin describes repeating
the clamp replacement and measuring
the resistance until the resistance value
is 200 milliohms or less. When the
resistance is 200 milliohms or less, the
service bulletin describes procedures for
making the bonding protection inside
the ventral, wing stub, and wing fuel
tanks. 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 2006–
02–03, effective February 24, 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.
E:\FR\FM\09MYP1.SGM
09MYP1
26881
Federal Register / Vol. 71, No. 89 / Tuesday, May 9, 2006 / Proposed Rules
Therefore, we are proposing this AD,
which would require accomplishing the
actions specified in the service
information described previously,
except as discussed under ‘‘Difference
Between the Proposed AD and Brazilian
Airworthiness Directive.’’
Difference Between the Proposed AD
and Brazilian Airworthiness Directive
Brazilian airworthiness directive
2006–02–03, dated February 24, 2006, is
applicable to ‘‘all EMB–145( ) aircraft
models in operation.’’ However, this
does not agree with EMBRAER Service
Bulletin 145–28–0028, dated November
7, 2005, which states that only certain
EMB–145 airplanes are affected and
identifies them by serial number. This
proposed AD would be applicable only
to the airplanes listed in the service
bulletin. This difference has been
coordinated with the DAC.
Costs of Compliance
The following table provides the
estimated costs for U.S. operators to
comply with this proposed AD.
ESTIMATED COSTS
Average
labor rate
per hour
Work
hours
Action
Replacement of bonding
clamp (all airplane
groups).
2
$80
mstockstill on PROD1PC68 with PROPOSALS
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
VerDate Aug<31>2005
15:37 May 08, 2006
Jkt 208001
Number of
U.S.-registered
airplanes
Parts
Cost per airplane
Between $57 and $87
(depending on kit/airplane group).
Between $217 and
$247 (depending on
kit/airplane group).
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.
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.
[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–
24696; Directorate Identifier 2006–NM–
038–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by June 8, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model
EMB–145, –145ER, –145MR, –145LR,
–145XR, –145MP, and –145EP airplanes;
certificated in any category; as identified in
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
Between $3,906 and
$4,446 (depending
on kit/airplane
group).
EMBRAER Service Bulletin 145–28–0028,
dated November 7, 2005.
Unsafe Condition
(d) This AD results from a report of a
failure of 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
The Proposed Amendment
§ 39.13
18
Fleet cost
(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) Within 5,000 flight hours after the
effective date of this AD: Replace the
electrical bonding clamps having part
numbers AN735D6 and AN735D4 inside the
ventral, wing stub, and wing fuel tanks, and
adjacent areas, by accomplishing all actions
specified in the Accomplishment
Instructions of EMBRAER Service Bulletin
145–28–0028, dated November 7, 2005.
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 § 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–
02–03, effective February 24, 2006, also
addresses the subject of this AD.
E:\FR\FM\09MYP1.SGM
09MYP1
26882
Federal Register / Vol. 71, No. 89 / Tuesday, May 9, 2006 / Proposed Rules
Issued in Renton, Washington, on April 28,
2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–7013 Filed 5–8–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–24093; Directorate
Identifier 2006–CE–19–AD]
RIN 2120–AA64
Airworthiness Directives; Pilatus
Aircraft Ltd. Models PC–6, PC–6–H1,
PC–6–H2, PC–6/350, PC–6/350–H1, PC–
6/350–H2, PC–6/A, PC–6/A–H1, PC–6/
A–H2, PC–6/B–H2, PC–6/B1–H2, PC–6/
B2–H2, PC–6/B2–H4, PC–6/C–H2, and
PC–6/C1–H2 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
mstockstill on PROD1PC68 with PROPOSALS
AGENCY:
SUMMARY: We propose to supersede
Airworthiness Directive (AD) 2003–13–
04, which applies to Pilatus Aircraft Ltd
(Pilatus) Model PC–6 airplanes, all
manufacturer serial numbers (MSN) up
to and including 939. AD 2003–13–04
currently requires you to inspect the
integral fuel tank wing ribs for cracks
and the top and bottom wing skins for
distortion, repair any cracks or
distortion before further flight, and do a
fuel tank ventilating system installation.
Since we issued AD 2003–13–04, the
FAA determined the action should also
apply to all the models of the PC–6
airplanes listed in the type certification
data sheet of Type Certificate (TC) No.
7A15 that are produced in the United
States through a licensing agreement
between Pilatus and Fairchild Republic
Company (also identified as Fairchild
Industries, Fairchild Heli Porter, or
Fairchild-Hiller Corporation). In
addition, the intent of the applicability
of AD 2003–13–04 was to apply to all
the affected serial numbers of the
airplane models listed in TC No. 7A15.
Consequently, this proposed AD would
retain all the actions of AD 2003–13–04,
would add those Fairchild Republic
Company airplanes to the applicability
of this proposed AD, and would list out
the individual specific airplane models.
We are proposing this AD to detect and
correct cracks in the ribs of the inboard
integral fuel tanks in the left and right
VerDate Aug<31>2005
15:37 May 08, 2006
Jkt 208001
wings, which could lead to wing failure
during flight.
DATES: We must receive comments on
this proposed AD by June 9, 2006.
ADDRESSES: Use one of the following
addresses to comment 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–
0001.
• 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.
For service information identified in
this proposed AD, contact Pilatus
Aircraft Ltd., Customer Liaison
Manager, CH–6371 Stans, Switzerland;
telephone: +41 41 619 63 19; facsimile:
+41 41 619 6224.
FOR FURTHER INFORMATION CONTACT:
Doug Rudolph, Aerospace Engineer,
FAA, Small Airplane Directorate, 901
Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329–
4059; facsimile: (816) 329–4090.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments
regarding this proposed AD. Send your
comments to an address listed under the
ADDRESSES section. Include the docket
number, ‘‘Docket No. FAA–2006–24093;
Directorate Identifier 2006–CE–19–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 we receive
concerning this proposed AD.
Discussion
Mandatory continuing airworthiness
information and the FAA’s
determination that an unsafe condition
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
existed on a Pilatus Model PC–6
airplane caused us to issue AD 2003–
13–04, Amendment 39–13204 (68 FR
37394, June 24, 2003). AD 2003–13–04
currently requires that you inspect the
integral fuel tank wing ribs for cracks
and the top and bottom wing skins for
distortion, repair any cracks or
distortion before further flight, and do a
fuel tank ventilating system installation
on Pilatus Model PC–6 airplanes, all
manufacturer serial numbers (MSN) up
to and including 939.
The Federal Office for Civil Aviation
(FOCA), which is the airworthiness
authority for Switzerland, notified the
FAA of the need to supersede AD 2003–
13–04 to address an unsafe condition
that may exist or could develop on
Pilatus Model PC–6 airplanes. The
FOCA reports that the AD action should
also apply to all the models of the PC–
6 airplanes listed in the type
certification data sheet of TC No. 7A15
produced in the United States through
a licensing agreement between Pilatus
and Fairchild Republic Company (also
identified as Fairchild Industries,
Fairchild Heli Porter, or Fairchild-Hiller
Corporation).
This condition, if not corrected, could
result in cracks in the ribs of the inboard
integral fuel tanks in the left and right
wings, which could lead to wing failure
during flight.
Foreign Airworthiness Authority
Information
The FOCA recently issued Swiss AD
Number HB 2005–289, effective date
August 23, 2005, to ensure the
continued airworthiness of all models of
the PC–6 airplanes listed in TC No.
7A15, including those produced in the
United States under a licensing
agreement with Pilatus and Fairchild
Republic Company (also identified as
Fairchild Industries, Fairchild Heli
Porter, or Fairchild-Hiller Corporation).
The State of Design for the Pilatus
PC–6 airplanes is Switzerland and the
airplanes 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.
Under this bilateral airworthiness
agreement, the FOCA has kept us
informed of the situation described
above.
FAA’s Determination and Requirements
of the Proposed AD
We are proposing this AD because we
have examined the FOCA’s findings,
evaluated all information and
determined the unsafe condition
described previously is likely to exist or
E:\FR\FM\09MYP1.SGM
09MYP1
Agencies
[Federal Register Volume 71, Number 89 (Tuesday, May 9, 2006)]
[Proposed Rules]
[Pages 26880-26882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7013]
[[Page 26880]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24696; Directorate Identifier 2006-NM-038-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP 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-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes. This proposed AD would require replacing
the electrical bonding clamps inside the fuel tanks and adjacent areas.
This proposed AD results from a report of a failure of fitting clamp of
an electrical bonding cable for the fuel tubing. We are proposing 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: We must receive comments on this proposed AD by June 8, 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, Transport Airplane Directorate, FAA,
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-
24696; Directorate Identifier 2006-NM-038-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 the AD docket shortly after the Docket Management System
receives them.
Discussion
The Departmento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, notified us that an unsafe condition may exist on
all EMBRAER Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and
-145EP airplanes. The DAC advises that it received a report of one
failure of fitting clamp of an electrical bonding cable for the fuel
tubing. Investigation into the failure identified a batch of electrical
bonding cable fitting clamps that was manufactured with incorrect
material; the incorrect aluminum alloy Type 1100, which is more ductile
than the correct Type 2602 aluminum alloy, deforms during the
installation process. The batch of clamps made from incorrect material
was installed on numerous airplanes. This condition, if not corrected,
could result in 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.
Relevant Service Information
EMBRAER has issued Service Bulletin 145-28-0028, dated November 7,
2005. The service bulletin describes procedures for replacing the
electrical bonding clamps, having part numbers AN735D6 and AN735D4,
inside the ventral, wing stub, and wing fuel tanks, and adjacent areas.
The replacement includes measuring the electrical resistance between
the tubes joined by the electrical bonding jumper. If the resistance is
greater than 200 milliohms, the service bulletin describes repeating
the clamp replacement and measuring the resistance until the resistance
value is 200 milliohms or less. When the resistance is 200 milliohms or
less, the service bulletin describes procedures for making the bonding
protection inside the ventral, wing stub, and wing fuel tanks.
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
2006-02-03, effective February 24, 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.
[[Page 26881]]
Therefore, we are proposing this AD, which would require
accomplishing the actions specified in the service information
described previously, except as discussed under ``Difference Between
the Proposed AD and Brazilian Airworthiness Directive.''
Difference Between the Proposed AD and Brazilian Airworthiness
Directive
Brazilian airworthiness directive 2006-02-03, dated February 24,
2006, is applicable to ``all EMB-145( ) aircraft models in operation.''
However, this does not agree with EMBRAER Service Bulletin 145-28-0028,
dated November 7, 2005, which states that only certain EMB-145
airplanes are affected and identifies them by serial number. This
proposed AD would be applicable only to the airplanes listed in the
service bulletin. This difference has been coordinated with the DAC.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average
Work labor Number of U.S.-
Action hours rate per Parts Cost per airplane registered Fleet cost
hour airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Replacement of bonding clamp (all 2 $80 Between $57 and $87 Between $217 and $247 18 Between $3,906 and
airplane groups). (depending on kit/ (depending on kit/ $4,446 (depending on
airplane group). airplane group). kit/airplane group).
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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, 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-
2006-24696; Directorate Identifier 2006-NM-038-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by June 8,
2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes; certificated in any
category; as identified in EMBRAER Service Bulletin 145-28-0028,
dated November 7, 2005.
Unsafe Condition
(d) This AD results from a report of a failure of 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) Within 5,000 flight hours after the effective date of this
AD: Replace the electrical bonding clamps having part numbers
AN735D6 and AN735D4 inside the ventral, wing stub, and wing fuel
tanks, and adjacent areas, by accomplishing all actions specified in
the Accomplishment Instructions of EMBRAER Service Bulletin 145-28-
0028, dated November 7, 2005.
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 2006-02-03, effective
February 24, 2006, also addresses the subject of this AD.
[[Page 26882]]
Issued in Renton, Washington, on April 28, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-7013 Filed 5-8-06; 8:45 am]
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