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).
--------------------------------------------------------------------------------------------------------------------------------------------------------

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]
BILLING CODE 4910-13-P
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