Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes, 30281-30283 [06-4843]
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Federal Register / Vol. 71, No. 102 / Friday, May 26, 2006 / Rules and Regulations
CMRs’’ of the Boeing 757 MPD Document to
incorporate Subsection B. of Boeing
Document D622N001–9, Revision ‘‘May
2003;’’ or Revision ‘‘June 2005,’’ as
applicable. Accomplishing the requirements
in this paragraph ends the requirements in
paragraph (f) of this AD.
No Alternative Inspections/Inspection
Intervals
(i) Except as provided in paragraph (j) of
this AD: After the actions required by
paragraph (h) of this AD have been
accomplished, no alternative inspections or
inspection intervals shall be approved for the
PSEs contained in Boeing 757 MPD
Document D622N001–9, Revision ‘‘May
2003’’ or Revision ‘‘June 2005.’’
cprice-sewell on PROD1PC66 with RULES
Alternative Methods of Compliance
(AMOCs)
(j) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
(1) AMOCs approved previously in
accordance with AD 2001–20–12, are
approved as AMOCs for the corresponding
provisions of this 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.
(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, Seattle ACO, to
make those findings. For a repair method to
be approved, the repair must meet the
certification basis of the airplane.
Material Incorporated by Reference
(k) The actions required by this AD shall
be done in accordance with Boeing 757
Maintenance Planning Data Document,
Section 9, ‘‘Airworthiness Limitations and
Certification Maintenance Requirements,’’
Subsection B. of Boeing Document
D622N001–9, Revision ‘‘May 2003;’’ Boeing
757 Maintenance Planning Data Document,
Section 9, ‘‘Airworthiness Limitations and
Certification Maintenance Requirements,’’
Subsection B. of Boeing Document
D622N001–9, Revision ‘‘June 2005;’’ Boeing
757 Maintenance Planning Data Document,
Section 9, Boeing Document D622N001–9,
Revision ‘‘May 1997;’’ or Boeing 757
Maintenance Planning Data Document,
Section 9, Boeing Document D622N001–9,
Revision ‘‘November 1998;’’ as applicable;
unless the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
Boeing 757 Maintenance Planning Data
Document, Section 9, ‘‘Airworthiness
Limitations and Certification Maintenance
Requirements,’’ Subsection B. of Boeing
Document D622N001–9, Revision ‘‘May
2003;’’ and Boeing 757 Maintenance
Planning Data Document, Section 9,
‘‘Airworthiness Limitations and Certification
VerDate Aug<31>2005
14:42 May 25, 2006
Jkt 208001
Maintenance Requirements,’’ Subsection B.
of Boeing Document D622N001–9, Revision
‘‘June 2005;’’ in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
(2) On November 20, 2001 (66 FR 52492,
October 16, 2001), the Director of the Federal
Register approved the incorporation by
reference of Boeing 757 Maintenance
Planning Data Document, Section 9, Boeing
Document D622N001–9, Revision ‘‘May
1997;’’ and Boeing 757 Maintenance
Planning Data Document, Section 9, Boeing
Document D622N001–9, Revision
‘‘November 1998.’’
(3) Contact Boeing Commercial Airplanes,
P.O. Box 3707, Seattle, Washington 98124–
2207, for a copy of this service information.
You may review copies at the Docket
Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW.,
Room PL–401, Nassif Building, Washington,
DC; on the Internet at https://dms.dot.gov; or
at the National Archives and Records
Administration (NARA). For information on
the availability of this material at the NARA,
call (202) 741–6030, or go to https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on May 15,
2006.
Kevin M. Mullin,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 06–4844 Filed 5–25–06; 8:45 am]
BILLING CODE 4910–13–P
30281
issuing 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.
This AD becomes effective June
30, 2006.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of June 30, 2006.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street
SW., Nassif Building, Room PL–401,
Washington, DC.
Contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box
343—CEP 12.225, Sao Jose dos
Campos—SP, Brazil, for service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 227–2125; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
DATES:
Examining the Docket
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–24072; Directorate
Identifier 2006–NM–016–AD; Amendment
39–14614; AD 2006–11–10]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–120, –120ER,
–120FC, –120QC, and –120RT
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–120, –120ER,
–120FC, –120QC, and –120RT airplanes.
This AD requires replacing the de-icing
system ejector flow control valves with
new, improved control valves having
hermetically sealed switches; and
rewiring applicable connectors. This AD
results from a fuel system review
conducted by the manufacturer. We are
PO 00000
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Fmt 4700
Sfmt 4700
You may examine the airworthiness
directive (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 street address stated in the
ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to all Empresa Brasileira de
Aeronautica S.A. (EMBRAER)
EMB–120( ) airplane models in
operation. That NPRM was published in
the Federal Register on March 7, 2006
(71 FR 11341). That NPRM proposed to
require replacing the de-icing system
ejector flow control valves with new,
improved control valves having
hermetically sealed switches; and
rewiring applicable connectors.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
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30282
Federal Register / Vol. 71, No. 102 / Friday, May 26, 2006 / Rules and Regulations
Support for NPRM
One commenter, Charter Air
Transport, supports the importance of
the fuel system review conducted by the
manufacturer and the need to prevent a
potential source of ignition near fuel
tanks.
cprice-sewell on PROD1PC66 with RULES
Request To Review Modification
Specified by the NPRM
The same commenter requests that the
method of compliance specified by the
NPRM should be reviewed. Charter Air
Transport states that installing modified
flow control valves (bleed air) valves
that include hermetically sealed
switches is specified in both EMBRAER
Service Bulletin 120–30–0034, Revision
01, dated September 22, 2004 (which
was specified in the NPRM as the
appropriate source of service
information for accomplishing the
proposed requirements of this AD), and
Service Bulletin 120–36–0016, Revision
01, dated October 4, 2004. (EMBRAER
Service Bulletin 120–36–0016, Revision
01, is cited as the appropriate source of
service information for accomplishing
the proposed requirements of a related
NPRM that has the same applicability as
this NPRM.) Charter Air Transport states
that it will cost $13,451 per airplane to
comply with both service bulletins.
Charter Air Transport asserts that a
more effective method of correcting the
unsafe condition at a much-reduced cost
would be to install air-purging louvers
in certain rear lower fuselage and
leading edge fairings, which would vent
any fuel vapors away from any potential
ignition source in the affected area.
Charter Air Transport requests that
EMBRAER consider this suggestion as
an appropriate method of compliance to
address the unsafe condition.
Though Charter Air Transport did not
make such a request, we infer that they
are asking us to withdraw the NPRM
until EMBRAER reviews the specified
modification and determines a more
appropriate method to correct the
unsafe condition. We do not agree.
Based on EMBRAER’s recommendation,
we have determined that installing
modified flow control valves is the
appropriate method of correcting this
unsafe condition. Further, Charter Air
Transport provided no data to
demonstrate that the proposed louver
installation provides an equivalent level
of safety or is more effective than
installing modified flow control valves.
We have not changed the AD in this
regard. However, operators can request
an alternative method of compliance
(AMOC) in accordance with paragraph
(h) of the AD, provided that sufficient
data are submitted to substantiate that
VerDate Aug<31>2005
14:42 May 25, 2006
Jkt 208001
the proposed AMOC would provide an
acceptable level of safety.
Request To Permit Use of Alternative
Parts
One commenter, the Modification and
Replacement Parts Association
(MARPA), requests that the NPRM be
revised to allow installation of
alternative replacement parts. MARPA
asserts that inserting the name of the
parts manufacturer (Goodrich) before
the cited part number (P/N) will more
specifically identify the parts. MARPA
states that, ‘‘the requirement to install a
certain part-numbered part to the
exclusion of any other part nullifies 14
CFR 21.303, preventing the
development and/or use of alternative
parts.’’ MARPA suggests adding the
phrase ‘‘or FAA-approved equivalent
part number’’ as a suffix to the cited part
number to permit installation of
equivalent alternative parts.
We do not agree that it is necessary
to ‘‘more specifically’’ identify the parts
specified in the AD. The correct parts
are clearly identified by the P/Ns
specified in the AD. We infer that
MARPA would like the AD to permit
installation of any equivalent parts
manufacturer approvals (PMA) parts so
that it is not necessary for an operator
to request approval of an AMOC in
order to install an ‘‘equivalent’’ PMA
part. Whether an alternative part is
‘‘equivalent’’ in adequately resolving the
unsafe condition can only be
determined on a case-by-case basis
based on a complete understanding of
the unsafe condition. We are not
currently aware of any such parts. Our
policy is that, in order for operators to
replace a part with one that is not
specified in the AD, they must request
an AMOC. This is necessary so that we
can make a specific determination that
an alternative part is or is not
susceptible to the same unsafe
condition.
In response to MARPA’s statement
that the NPRM ‘‘nullifies 14 CFR
§ 21.303,’’ under which the FAA issues
PMAs, this statement appears to reflect
a misunderstanding of the relationship
between ADs and the certification
procedural regulations of part 21 of the
Federal Aviation Regulations (14 CFR
part 21). Those regulations, including
§ 21.303 of the Federal Aviation
Regulations (14 CFR 21.303), are
intended to ensure that aeronautical
products comply with the applicable
airworthiness standards. But ADs are
issued when, notwithstanding those
procedures, we become aware of unsafe
conditions in these products or parts.
Therefore, an AD takes precedence over
design approvals when we identify an
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
unsafe condition, and mandating
installation of a certain P/N in an AD is
not at variance with § 21.303.
The AD provides a means of
compliance for operators to ensure that
the identified unsafe condition is
addressed appropriately. For an unsafe
condition attributable to a part, the AD
normally identifies the replacement
parts necessary to obtain that
compliance. As stated in § 39.7 of the
Federal Aviation Regulations (14 CFR
39.7), ‘‘Anyone who operates a product
that does not meet the requirements of
an applicable airworthiness directive is
in violation of this section.’’ Unless an
operator obtains approval for an AMOC,
replacing a part with one not specified
by the AD would make the operator
subject to an enforcement action and
result in a civil penalty. No change to
the AD is necessary in this regard.
Clarification of Applicability
The NPRM reflected Departmento de
Aviacao Civil (DAC) AD 2005–12–02,
dated January 19, 2006, and proposed
that this AD be applicable ‘‘to all
EMBRAER EMB–120( ) aircraft models
in operation.’’ However, we determined
that this could lead to confusion as to
exactly which airplanes are affected.
Therefore, to more clearly identify the
affected airplanes, we revised the
applicability of the AD to specify certain
EMBRAER Model EMB–120( ) airplanes
‘‘as identified in EMBRAER Service
Bulletin 120–30–0034, Revision 01,
dated September 22, 2004.’’ This
difference has been coordinated with
the DAC.
Conclusion
We have carefully reviewed the
available data, including the comments
received, and determined that air safety
and the public interest require adopting
the AD with the change as described.
We have determined that this change
will neither increase the economic
burden on any operator nor increase the
scope of the AD
Costs of Compliance
This AD will affect about 180
airplanes of U.S. registry. The required
actions will take about 8 work hours per
airplane, at an average labor rate of $65
per work hour. Required parts will cost
about $2,431 per airplane. Based on
these figures, the estimated cost of the
AD for U.S. operators is $531,180, or
$2,951 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
E:\FR\FM\26MYR1.SGM
26MYR1
Federal Register / Vol. 71, No. 102 / Friday, May 26, 2006 / Rules and Regulations
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in subtitle VII,
part A, subpart III, section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
See the ADDRESSES section for a location
to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
cprice-sewell on PROD1PC66 with RULES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
I
VerDate Aug<31>2005
14:42 May 25, 2006
Jkt 208001
2006–11–10 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–14614. Docket No.
FAA–2006–24072; Directorate Identifier
2006–NM–016–AD.
Effective Date
(a) This AD becomes effective June 30,
2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model
EMB–120, –120ER, –120FC, –120QC, and
–120RT airplanes, certificated in any
category, as identified in EMBRAER Service
Bulletin 120–30–0034, Revision 01, dated
September 22, 2004.
Unsafe Condition
(d) This AD results from a fuel system
review conducted by the manufacturer. We
are issuing 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.
Valve Replacement
(f) Within 5,000 flight hours after the
effective date of this AD, replace the de-icing
system ejector flow control valves, part
number (P/N) 3D2376–06, with new,
improved flow control valves having
hermetically sealed switches,
P/N 3D2376–07; and rewire the applicable
connectors; in accordance with the
Accomplishment Instructions of EMBRAER
Service Bulletin 120–30–0034, Revision 01,
dated September 22, 2004.
Actions Accomplished According to
Previous Issue of Service Bulletin
(g) Actions accomplished before the
effective date of this AD in accordance with
EMBRAER Service Bulletin 120–30–0034,
dated October 30, 2003, are considered
acceptable for compliance with the
corresponding actions of this AD.
Alternative Methods of Compliance
(AMOCs)
PART 39—AIRWORTHINESS
DIRECTIVES
§ 39.13
by adding the following new
airworthiness directive (AD):
(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 § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
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30283
Related Information
(i) Brazilian airworthiness directive 2005–
12–02, effective January 19, 2006, also
addresses the subject of this AD.
Material Incorporated by Reference
(j) You must use EMBRAER Service
Bulletin 120–30–0034, Revision 01, dated
September 22, 2004, to perform the actions
that are required by this AD, unless the AD
specifies otherwise. The Director of the
Federal Register approved the incorporation
by reference of this document in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Empresa Brasileira de Aeronautica
S.A. (EMBRAER), P.O. Box 343—CEP 12.225,
Sao Jose dos Campos—SP, Brazil, for a copy
of this service information. You may review
copies at the Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street SW., Room PL–401, Nassif
Building, Washington, DC; on the Internet at
https://dms.dot.gov; or at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at the NARA, call (202) 741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on May 16,
2006.
Kevin M. Mullin,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 06–4843 Filed 5–25–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 740
[Docket No. 051219342–5342–01]
RIN: 0694–AD23
Cuba: Revisions of Personal Baggage
Rules
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule amends the
Export Administration Regulations
(EAR) to clarify that certain personal
articles are exempt from the 44-pound
weight limit on personal baggage
authorized for export to Cuba under
License Exception Baggage (BAG).
DATES: This rule is effective May 26,
2006.
FOR FURTHER INFORMATION CONTACT:
Rebecca Joyce, Foreign Policy Division,
Office of Nonproliferation and Treaty
Compliance, Bureau of Industry and
Security, Department of Commerce,
Telephone: (202) 482–4252, or e-mail:
Rjoyce@bis.doc.gov.
E:\FR\FM\26MYR1.SGM
26MYR1
]]>Agencies
[Federal Register Volume 71, Number 102 (Friday, May 26, 2006)]
[Rules and Regulations]
[Pages 30281-30283]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4843]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24072; Directorate Identifier 2006-NM-016-AD;
Amendment 39-14614; AD 2006-11-10]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120,
-120ER, -120FC, -120QC, and -120RT airplanes. This AD requires
replacing the de-icing system ejector flow control valves with new,
improved control valves having hermetically sealed switches; and
rewiring applicable connectors. This AD results from a fuel system
review conducted by the manufacturer. We are issuing 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: This AD becomes effective June 30, 2006.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of June 30,
2006.
ADDRESSES: You may examine the AD docket on the Internet at https://
dms.dot.gov or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street SW., Nassif Building,
Room PL-401, Washington, DC.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to all Empresa Brasileira
de Aeronautica S.A. (EMBRAER) EMB-120( ) airplane models in operation.
That NPRM was published in the Federal Register on March 7, 2006 (71 FR
11341). That NPRM proposed to require replacing the de-icing system
ejector flow control valves with new, improved control valves having
hermetically sealed switches; and rewiring applicable connectors.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
[[Page 30282]]
Support for NPRM
One commenter, Charter Air Transport, supports the importance of
the fuel system review conducted by the manufacturer and the need to
prevent a potential source of ignition near fuel tanks.
Request To Review Modification Specified by the NPRM
The same commenter requests that the method of compliance specified
by the NPRM should be reviewed. Charter Air Transport states that
installing modified flow control valves (bleed air) valves that include
hermetically sealed switches is specified in both EMBRAER Service
Bulletin 120-30-0034, Revision 01, dated September 22, 2004 (which was
specified in the NPRM as the appropriate source of service information
for accomplishing the proposed requirements of this AD), and Service
Bulletin 120-36-0016, Revision 01, dated October 4, 2004. (EMBRAER
Service Bulletin 120-36-0016, Revision 01, is cited as the appropriate
source of service information for accomplishing the proposed
requirements of a related NPRM that has the same applicability as this
NPRM.) Charter Air Transport states that it will cost $13,451 per
airplane to comply with both service bulletins. Charter Air Transport
asserts that a more effective method of correcting the unsafe condition
at a much-reduced cost would be to install air-purging louvers in
certain rear lower fuselage and leading edge fairings, which would vent
any fuel vapors away from any potential ignition source in the affected
area. Charter Air Transport requests that EMBRAER consider this
suggestion as an appropriate method of compliance to address the unsafe
condition.
Though Charter Air Transport did not make such a request, we infer
that they are asking us to withdraw the NPRM until EMBRAER reviews the
specified modification and determines a more appropriate method to
correct the unsafe condition. We do not agree. Based on EMBRAER's
recommendation, we have determined that installing modified flow
control valves is the appropriate method of correcting this unsafe
condition. Further, Charter Air Transport provided no data to
demonstrate that the proposed louver installation provides an
equivalent level of safety or is more effective than installing
modified flow control valves. We have not changed the AD in this
regard. However, operators can request an alternative method of
compliance (AMOC) in accordance with paragraph (h) of the AD, provided
that sufficient data are submitted to substantiate that the proposed
AMOC would provide an acceptable level of safety.
Request To Permit Use of Alternative Parts
One commenter, the Modification and Replacement Parts Association
(MARPA), requests that the NPRM be revised to allow installation of
alternative replacement parts. MARPA asserts that inserting the name of
the parts manufacturer (Goodrich) before the cited part number (P/N)
will more specifically identify the parts. MARPA states that, ``the
requirement to install a certain part-numbered part to the exclusion of
any other part nullifies 14 CFR 21.303, preventing the development and/
or use of alternative parts.'' MARPA suggests adding the phrase ``or
FAA-approved equivalent part number'' as a suffix to the cited part
number to permit installation of equivalent alternative parts.
We do not agree that it is necessary to ``more specifically''
identify the parts specified in the AD. The correct parts are clearly
identified by the P/Ns specified in the AD. We infer that MARPA would
like the AD to permit installation of any equivalent parts manufacturer
approvals (PMA) parts so that it is not necessary for an operator to
request approval of an AMOC in order to install an ``equivalent'' PMA
part. Whether an alternative part is ``equivalent'' in adequately
resolving the unsafe condition can only be determined on a case-by-case
basis based on a complete understanding of the unsafe condition. We are
not currently aware of any such parts. Our policy is that, in order for
operators to replace a part with one that is not specified in the AD,
they must request an AMOC. This is necessary so that we can make a
specific determination that an alternative part is or is not
susceptible to the same unsafe condition.
In response to MARPA's statement that the NPRM ``nullifies 14 CFR
Sec. 21.303,'' under which the FAA issues PMAs, this statement appears
to reflect a misunderstanding of the relationship between ADs and the
certification procedural regulations of part 21 of the Federal Aviation
Regulations (14 CFR part 21). Those regulations, including Sec. 21.303
of the Federal Aviation Regulations (14 CFR 21.303), are intended to
ensure that aeronautical products comply with the applicable
airworthiness standards. But ADs are issued when, notwithstanding those
procedures, we become aware of unsafe conditions in these products or
parts. Therefore, an AD takes precedence over design approvals when we
identify an unsafe condition, and mandating installation of a certain
P/N in an AD is not at variance with Sec. 21.303.
The AD provides a means of compliance for operators to ensure that
the identified unsafe condition is addressed appropriately. For an
unsafe condition attributable to a part, the AD normally identifies the
replacement parts necessary to obtain that compliance. As stated in
Sec. 39.7 of the Federal Aviation Regulations (14 CFR 39.7), ``Anyone
who operates a product that does not meet the requirements of an
applicable airworthiness directive is in violation of this section.''
Unless an operator obtains approval for an AMOC, replacing a part with
one not specified by the AD would make the operator subject to an
enforcement action and result in a civil penalty. No change to the AD
is necessary in this regard.
Clarification of Applicability
The NPRM reflected Departmento de Aviacao Civil (DAC) AD 2005-12-
02, dated January 19, 2006, and proposed that this AD be applicable
``to all EMBRAER EMB-120( ) aircraft models in operation.'' However, we
determined that this could lead to confusion as to exactly which
airplanes are affected. Therefore, to more clearly identify the
affected airplanes, we revised the applicability of the AD to specify
certain EMBRAER Model EMB-120( ) airplanes ``as identified in EMBRAER
Service Bulletin 120-30-0034, Revision 01, dated September 22, 2004.''
This difference has been coordinated with the DAC.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the change as described. We have
determined that this change will neither increase the economic burden
on any operator nor increase the scope of the AD
Costs of Compliance
This AD will affect about 180 airplanes of U.S. registry. The
required actions will take about 8 work hours per airplane, at an
average labor rate of $65 per work hour. Required parts will cost about
$2,431 per airplane. Based on these figures, the estimated cost of the
AD for U.S. operators is $531,180, or $2,951 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
[[Page 30283]]
the FAA Administrator. Subtitle VII, Aviation Programs, describes in
more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2006-11-10 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14614. Docket No. FAA-2006-24072; Directorate
Identifier 2006-NM-016-AD.
Effective Date
(a) This AD becomes effective June 30, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-120, -120ER, -120FC, -
120QC, and -120RT airplanes, certificated in any category, as
identified in EMBRAER Service Bulletin 120-30-0034, Revision 01,
dated September 22, 2004.
Unsafe Condition
(d) This AD results from a fuel system review conducted by the
manufacturer. We are issuing 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.
Valve Replacement
(f) Within 5,000 flight hours after the effective date of this
AD, replace the de-icing system ejector flow control valves, part
number (P/N) 3D2376-06, with new, improved flow control valves
having hermetically sealed switches, P/N 3D2376-07; and rewire the
applicable connectors; in accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin 120-30-0034, Revision 01,
dated September 22, 2004.
Actions Accomplished According to Previous Issue of Service Bulletin
(g) Actions accomplished before the effective date of this AD in
accordance with EMBRAER Service Bulletin 120-30-0034, dated October
30, 2003, are considered acceptable for compliance with the
corresponding actions of this AD.
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 2005-12-02, effective
January 19, 2006, also addresses the subject of this AD.
Material Incorporated by Reference
(j) You must use EMBRAER Service Bulletin 120-30-0034, Revision
01, dated September 22, 2004, to perform the actions that are
required by this AD, unless the AD specifies otherwise. The Director
of the Federal Register approved the incorporation by reference of
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for a copy of this
service information. You may review copies at the Docket Management
Facility, U.S. Department of Transportation, 400 Seventh Street SW.,
Room PL-401, Nassif Building, Washington, DC; on the Internet at
https://dms.dot.gov; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at the NARA, call (202) 741-6030, or go to https://www.
archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on May 16, 2006.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-4843 Filed 5-25-06; 8:45 am]
BILLING CODE 4910-13-P
