Airworthiness Directives; Empresa Brasileira del Aeronautica S.A. (EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes, 34000-34003 [06-5245]
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34000
Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Rules and Regulations
TABLE 8.—NEW MATERIAL INCORPORATED BY REFERENCE—Continued
Airbus Service Bulletin
Revision
level
A300–57–0235 ...............................................................................................................................................
A300–57–6088 ...............................................................................................................................................
A300–57–6088 ...............................................................................................................................................
05 ...............
02 ...............
04 ...............
Date
December 3, 2003.
September 5, 2002.
December 3, 2003.
* Including Appendix 01.
(2) On April 12, 2000 (65 FR 12077, March
8, 2000), the Director of the Federal Register
approved the incorporation by reference of
the documents listed in Table 9 of this AD.
TABLE 9.—MATERIAL PREVIOUSLY INCORPORATED BY REFERENCE
Airbus Service Bulletin
Revision level
A300–57A0234 ............................................................................................................................................
A300–57A0234 ............................................................................................................................................
A300–57A6087 ............................................................................................................................................
02
* 03
* 02
Date
June 24, 1999.
September 2, 1999.
June 24, 1999.
* Including Appendix 01.
(3) On October 20, 1999 (64 FR 49966,
September 15, 1999), the Director of the
Federal Register approved the incorporation
by reference of the documents listed in Table
10 of this AD.
TABLE 10.—MATERIAL PREVIOUSLY INCORPORATED BY REFERENCE
Airbus Service Bulletin
A300–57–0234
A300–57–0235
A300–57–6087
A300–57–6088
Revision level
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
01
* 01
01
* 01
Date
March 11, 1998.
February 1, 1999.
March 11, 1998.
February 1, 1999.
* Including Appendix 01.
(4) Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France, 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 31,
2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 06–5244 Filed 6–12–06; 8:45 am]
mstockstill on PROD1PC61 with RULES
14:46 Jun 12, 2006
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–24076; Directorate
Identifier 2006–NM–015–AD; Amendment
39–14640; AD 2006–12–14]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira del Aeronautica S.A.
(EMBRAER) Model EMB–120, –120ER,
–120FC, –120QC, and –120RT
Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
EMBRAER Model EMB–120, –120ER,
–120FC, –120QC, and –120RT airplanes.
This AD requires replacing the shut-off
and crossbleed valves of the bleed air
system with new valves having
hermetically sealed switches. This AD
results from fuel system reviews
conducted by the manufacturer. We are
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
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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 July
18, 2006.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of July 18, 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, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–2125;
fax (425) 227–1149.
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Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Rules and Regulations
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 certain EMBRAER Model
EMB–120, –120ER, –120FC, –120QC,
and –120RT airplanes. That NPRM was
published in the Federal Register on
March 7, 2006 (71 FR 11333). That
NPRM proposed to require replacing the
shut-off and crossbleed valves of the
bleed air system with new valves having
hermetically sealed switches.
mstockstill on PROD1PC61 with RULES
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Request To Withdraw the NPRM
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 120–36–0016, Revision 01,
dated October 4, 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 120–30–0034, Revision
01, dated September 22, 2004.
(EMBRAER Service Bulletin 120–30–
0034, Revision 01, is cited as the
appropriate source of service
information for accomplishing 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.
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15:19 Jun 12, 2006
Jkt 208001
We infer that the commenter is 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.
EMBRAER has 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, Charter Air Transport
may request an alternative method of
compliance (AMOC) in accordance with
paragraph (i) of the AD, provided that
sufficient data are submitted to
substantiate that the proposed AMOC
would provide an acceptable level of
safety.
Request To Remove Paragraph (g) of the
NPRM
A private citizen asserts that
paragraph (g) of the NPRM would result
in a big waste of parts for the operator
and would incur additional costs to
replace those parts before the
compliance time specified in the AD. In
addition the commenter states that there
are currently no parts available.
We infer that the commenter is
requesting that we remove paragraph (g)
of the AD. We do not agree to remove
that paragraph. In general, once we have
determined that an unsafe condition
exists, our normal policy specifies not to
allow that condition to be re-introduced
into the fleet. In developing the
technical information on which every
AD is based, we consider the
availability of spare parts that the AD
will require to be installed. When we
have determined that those (safe) parts
are immediately available to operators,
our policy prohibits installation of the
unsafe parts after the effective date of
the AD.
In this case, we contacted the
manufacturer and vendor to verify the
parts availability, and have determined
that the parts may not be available until
August of this year. To accommodate
this delay in parts availability, we have
revised paragraph (g) of the AD to
specify that, as of 90 days after the
effective date of this AD, no person may
install any shut-off or crossbleed valve
of the bleed air system with any shutoff or crossbleed valve that does not
have hermetically sealed switches.
Request for Additional Information
The same commenter also states that
he is unable to get the following
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34001
information from the manufacturer:
‘‘Can existing valves be modified? Do
we have to purchase new valves? Cost
of the modification? Can valves be
modified in-house? Is there an exchange
program?’’
We have contacted the manufacturer
and have been advised of the following
in reference to the commenter’s
questions: Yes, the existing valves may
be modified. Yes, you do have to
purchase new valves. A repair and
upgrade would cost $4,575. No, valves
cannot be modified in-house. And,
finally, no, there is not an exchange
program. However, the valves may be
returned for upgrade at an estimated
cost of $2,322.
Request To Determine Compliance
The same commenter also states that
it is cumbersome to control AD
updating on individual part
replacements. He specified two
scenarios in which he requested
whether or not the conditions in the
scenarios met the AD requirements. In
the first scenario, the commenter states
that a valve is cannibalized from one
airplane to the other, specifically, a
‘‘-1’’ removed and a ‘‘-1’’ installed. The
vacated position was replaced with a
new valve. The commenter asks if the
position the cannibalized part was
installed in does not meet the
requirements of the AD. In the second
scenario, the commenter states that a
valve was moved from one position on
the same airplane to another for
troubleshooting purposes. The valve
was verified to be bad. The bad valve
was replaced with a valve having a new
part number. The valves were not
swapped back to original positions prior
to replacing with a new valve. The
commenter asks whether or not the
airplane meets the requirements of the
AD?
We acknowledge that it may be time
consuming to track individual part
replacements. However, in this case, it
is necessary to ensure the safety of the
fleet. In response to the question of
whether the airplanes meet the
requirements of the AD in both of the
scenarios described above, the intent of
this AD is to require replacement of the
valves with the new valves in each of
the three positions. When that has been
accomplished, compliance with
paragraph (f) of the AD has been
achieved.
Request To Clarify Costs
This same commenter states that
EMBRAER has not verified the cost of
new valves that were specified in the
NPRM.
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Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Rules and Regulations
We infer that the commenter would
like the cost of the new valves that were
specified in the NPRM verified by the
manufacturer. We have contacted the
manufacturer and verified that the
figure in the NPRM is correct.
Request To Revise the Reason for the
NPRM
One commenter, EMBRAER, requests
that we add additional wording to the
explanation for the reason the NPRM
was issued. EMBRAER requests that, in
addition to the words ‘‘This AD results
from fuel system reviews conducted by
the manufacturer,’’ we add the words
‘‘associated to new regulations related to
prevention of sources of ignition near
fuel tanks applicable to several aircraft
categories.’’
We do not agree to revise the AD. The
statement that the manufacturer has
conducted fuel system reviews is
sufficient. The statement following that
sentence in the AD provides the fact
that 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. In addition, the
‘‘Discussion’’ section of the NPRM
explains the background and issuance of
the FAA regulation titled ‘‘Transport
Airplane Fuel Tank System Design
Review, Flammability Reduction and
Maintenance and Inspection
Requirements’ (67 FR 23086, May 7,
2001). No change is necessary to this AD
in that regard.
Editorial Change
Since the issuance of the NPRM, we
have received a copy of EMBRAER
Service Bulletin 120–36–0016, dated
October 30, 2003. We have added a new
paragraph (h) to the AD to provide
credit for accomplishing the actions
specified in that service bulletin.
Subsequent paragraphs of the AD have
been re-identified.
mstockstill on PROD1PC61 with RULES
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 changes described
previously. We have determined that
these changes will neither increase the
economic burden on any operator nor
increase the scope of the AD.
Costs of Compliance
This AD will affect about 180
airplanes of U.S. registry. The required
actions will take about 3 work hours per
airplane, at an average labor rate of $65
per work hour. Required parts would
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14:46 Jun 12, 2006
Jkt 208001
cost about $10,305 per airplane. Based
on these figures, the estimated cost of
the proposed AD for U.S. operators is
$1,890,000, or $10,500 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this 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
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PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2006–12–14 Empresa Brasileira de
Aeronautica S.A. (Embraer):
Amendment 39–14640. Docket No.
FAA–2006–24076; Directorate Identifier
2006–NM–015–AD.
Effective Date
(a) This AD becomes effective July 18,
2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model
EMB–120,–-120ER, –120FC, –120QC, and
–120RT airplanes, as identified in EMBRAER
Service Bulletin 120–36–0016, Revision 01,
dated October 4, 2004; certificated in any
category.
Unsafe Condition
(d) This AD results from fuel system
reviews conducted by the manufacturer. We
are 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.
Replacing the Shut-off and Crossbleed
Valves
(f) Within 5,000 flight hours after the
effective date of this AD, replace the shut-off
and crossbleed valves of the bleed air system
with new shut-off and crossbleed valves
having hermetically sealed switches, in
accordance with EMBRAER Service Bulletin
120–36–0016, Revision 01, dated October 4,
2004.
Parts Installation
(g) As of 90 days after the effective date of
this AD, no person may install any shut-off
or crossbleed valve of the bleed air system
with any shut-off or crossbleed valve that
does not have hermetically sealed switches.
Acceptable Method of Compliance
(h) Accomplishment of the actions
specified in EMBRAER Service Bulletin 120–
36–0016, dated October 30, 2003, before the
effective date of this AD is an acceptable
method of compliance with the requirements
of paragraph (f) of this AD.
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Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Rules and Regulations
Alternative Methods of Compliance
(AMOCs)
(i)(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
(j) Brazilian airworthiness directive 2005–
12–03, effective January 19, 2006, also
addresses the subject of this AD.
Material Incorporated by Reference
(k) You must use EMBRAER Service
Bulletin 120–36–0016, Revision 01, dated
October 4, 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 31,
2006.
Kalene C. Yanamura,
Acting Manager , Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 06–5245 Filed 6–12–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–21691; Directorate
Identifier 2005–NE–13–AD; Amendment 39–
14645; AD 2006–12–19]
RIN 2120–AA64
mstockstill on PROD1PC61 with RULES
Airworthiness Directives; Hamilton
Sundstrand Model 14RF–19 Propellers
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for
VerDate Aug<31>2005
14:46 Jun 12, 2006
Jkt 208001
Hamilton Sundstrand model 14RF–19
propellers. This AD requires replacing
certain actuator yokes with improved
actuator yokes. This AD results from
certain propeller system actuator yoke
arms breaking during flight. We are
issuing this AD to prevent actuator yoke
arms breaking during flight, which
could cause high propeller vibration
and contribute to reduced
controllability of the airplane.
DATES: This AD becomes effective July
18, 2006. The Director of the Federal
Register approved the incorporation by
reference of certain publications listed
in the regulations as of July 18, 2006.
ADDRESSES: You can get the service
information identified in this AD from
Hamilton Sundstrand, A United
Technologies Company, Publication
Manager, Mail Stop 1A–3–Z63, One
Hamilton Road, Windsor Locks, CT
06096; fax 1–860–654–5107.
You may examine the AD docket on
the Internet at https://dms.dot.gov or in
Room PL–401 on the plaza level of the
Nassif Building, 400 Seventh Street,
SW., Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Frank Walsh, Aerospace Engineer,
Boston Aircraft Certification Office,
FAA, Engine and Propeller Directorate,
12 New England Executive Park,
Burlington, MA 01803; telephone (781)
238–7158; fax (781) 238–7170.
SUPPLEMENTARY INFORMATION: We
proposed to amend 14 CFR part 39 with
a proposed AD. The proposed AD
applies to Hamilton Sundstrand Model
14RF–19 propellers. We published the
proposed AD in the Federal Register on
December 8, 2005 (70 FR 72947). That
action proposed to require replacing
certain actuator yokes with improved
actuator yokes.
Examining the AD Docket
You may examine the docket that
contains the AD, any comments
received, and any final disposition in
person at the Docket Management
Facility Docket Office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The Docket
Office (telephone (800) 647–5227) is
located on the plaza level of the
Department of Transportation Nassif
Building at the street address stated in
ADDRESSES. Comments will be available
in the AD docket shortly after the DMS
receives them.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We received no
comments on the proposal or on the
determination of the cost to the public.
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34003
Conclusion
We have carefully reviewed the
available data and determined that air
safety and the public interest require
adopting the AD as proposed.
Costs of Compliance
We estimate that 80 actuator yoke
arms installed on airplanes of U.S.
registry will be affected by this AD. We
also estimate that the required parts will
cost approximately $1,350 per propeller
and that it will take about 2 workhours
per propeller to perform the actions, and
that the average labor rate is $65 per
workhour. Based on these figures, we
estimate the total cost of the AD to be
$118,400.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a summary of the costs
to comply with this AD and placed it in
the AD Docket. You may get a copy of
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]]>Agencies
[Federal Register Volume 71, Number 113 (Tuesday, June 13, 2006)]
[Rules and Regulations]
[Pages 34000-34003]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5245]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24076; Directorate Identifier 2006-NM-015-AD;
Amendment 39-14640; AD 2006-12-14]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira del Aeronautica S.A.
(EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain EMBRAER Model EMB-120, -120ER, -120FC, -120QC, and -120RT
airplanes. This AD requires replacing the shut-off and crossbleed
valves of the bleed air system with new valves having hermetically
sealed switches. This AD results from fuel system reviews 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 July 18, 2006.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of July 18,
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, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2125; fax (425) 227-1149.
[[Page 34001]]
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 certain EMBRAER Model
EMB-120, -120ER, -120FC, -120QC, and -120RT airplanes. That NPRM was
published in the Federal Register on March 7, 2006 (71 FR 11333). That
NPRM proposed to require replacing the shut-off and crossbleed valves
of the bleed air system with new valves having hermetically sealed
switches.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Withdraw the NPRM
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 120-36-0016, Revision 01,
dated October 4, 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 120-30-0034,
Revision 01, dated September 22, 2004. (EMBRAER Service Bulletin 120-
30-0034, Revision 01, is cited as the appropriate source of service
information for accomplishing 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.
We infer that the commenter is 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.
EMBRAER has 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, Charter Air Transport may
request an alternative method of compliance (AMOC) in accordance with
paragraph (i) of the AD, provided that sufficient data are submitted to
substantiate that the proposed AMOC would provide an acceptable level
of safety.
Request To Remove Paragraph (g) of the NPRM
A private citizen asserts that paragraph (g) of the NPRM would
result in a big waste of parts for the operator and would incur
additional costs to replace those parts before the compliance time
specified in the AD. In addition the commenter states that there are
currently no parts available.
We infer that the commenter is requesting that we remove paragraph
(g) of the AD. We do not agree to remove that paragraph. In general,
once we have determined that an unsafe condition exists, our normal
policy specifies not to allow that condition to be re-introduced into
the fleet. In developing the technical information on which every AD is
based, we consider the availability of spare parts that the AD will
require to be installed. When we have determined that those (safe)
parts are immediately available to operators, our policy prohibits
installation of the unsafe parts after the effective date of the AD.
In this case, we contacted the manufacturer and vendor to verify
the parts availability, and have determined that the parts may not be
available until August of this year. To accommodate this delay in parts
availability, we have revised paragraph (g) of the AD to specify that,
as of 90 days after the effective date of this AD, no person may
install any shut-off or crossbleed valve of the bleed air system with
any shut-off or crossbleed valve that does not have hermetically sealed
switches.
Request for Additional Information
The same commenter also states that he is unable to get the
following information from the manufacturer: ``Can existing valves be
modified? Do we have to purchase new valves? Cost of the modification?
Can valves be modified in-house? Is there an exchange program?''
We have contacted the manufacturer and have been advised of the
following in reference to the commenter's questions: Yes, the existing
valves may be modified. Yes, you do have to purchase new valves. A
repair and upgrade would cost $4,575. No, valves cannot be modified in-
house. And, finally, no, there is not an exchange program. However, the
valves may be returned for upgrade at an estimated cost of $2,322.
Request To Determine Compliance
The same commenter also states that it is cumbersome to control AD
updating on individual part replacements. He specified two scenarios in
which he requested whether or not the conditions in the scenarios met
the AD requirements. In the first scenario, the commenter states that a
valve is cannibalized from one airplane to the other, specifically, a
``-1'' removed and a ``-1'' installed. The vacated position was
replaced with a new valve. The commenter asks if the position the
cannibalized part was installed in does not meet the requirements of
the AD. In the second scenario, the commenter states that a valve was
moved from one position on the same airplane to another for
troubleshooting purposes. The valve was verified to be bad. The bad
valve was replaced with a valve having a new part number. The valves
were not swapped back to original positions prior to replacing with a
new valve. The commenter asks whether or not the airplane meets the
requirements of the AD?
We acknowledge that it may be time consuming to track individual
part replacements. However, in this case, it is necessary to ensure the
safety of the fleet. In response to the question of whether the
airplanes meet the requirements of the AD in both of the scenarios
described above, the intent of this AD is to require replacement of the
valves with the new valves in each of the three positions. When that
has been accomplished, compliance with paragraph (f) of the AD has been
achieved.
Request To Clarify Costs
This same commenter states that EMBRAER has not verified the cost
of new valves that were specified in the NPRM.
[[Page 34002]]
We infer that the commenter would like the cost of the new valves
that were specified in the NPRM verified by the manufacturer. We have
contacted the manufacturer and verified that the figure in the NPRM is
correct.
Request To Revise the Reason for the NPRM
One commenter, EMBRAER, requests that we add additional wording to
the explanation for the reason the NPRM was issued. EMBRAER requests
that, in addition to the words ``This AD results from fuel system
reviews conducted by the manufacturer,'' we add the words ``associated
to new regulations related to prevention of sources of ignition near
fuel tanks applicable to several aircraft categories.''
We do not agree to revise the AD. The statement that the
manufacturer has conducted fuel system reviews is sufficient. The
statement following that sentence in the AD provides the fact that 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. In
addition, the ``Discussion'' section of the NPRM explains the
background and issuance of the FAA regulation titled ``Transport
Airplane Fuel Tank System Design Review, Flammability Reduction and
Maintenance and Inspection Requirements' (67 FR 23086, May 7, 2001). No
change is necessary to this AD in that regard.
Editorial Change
Since the issuance of the NPRM, we have received a copy of EMBRAER
Service Bulletin 120-36-0016, dated October 30, 2003. We have added a
new paragraph (h) to the AD to provide credit for accomplishing the
actions specified in that service bulletin. Subsequent paragraphs of
the AD have been re-identified.
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 changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD will affect about 180 airplanes of U.S. registry. The
required actions will take about 3 work hours per airplane, at an
average labor rate of $65 per work hour. Required parts would cost
about $10,305 per airplane. Based on these figures, the estimated cost
of the proposed AD for U.S. operators is $1,890,000, or $10,500 per
airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this 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):
2006-12-14 Empresa Brasileira de Aeronautica S.A. (Embraer):
Amendment 39-14640. Docket No. FAA-2006-24076; Directorate
Identifier 2006-NM-015-AD.
Effective Date
(a) This AD becomes effective July 18, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-120,--120ER, -120FC, -
120QC, and -120RT airplanes, as identified in EMBRAER Service
Bulletin 120-36-0016, Revision 01, dated October 4, 2004;
certificated in any category.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are 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.
Replacing the Shut-off and Crossbleed Valves
(f) Within 5,000 flight hours after the effective date of this
AD, replace the shut-off and crossbleed valves of the bleed air
system with new shut-off and crossbleed valves having hermetically
sealed switches, in accordance with EMBRAER Service Bulletin 120-36-
0016, Revision 01, dated October 4, 2004.
Parts Installation
(g) As of 90 days after the effective date of this AD, no person
may install any shut-off or crossbleed valve of the bleed air system
with any shut-off or crossbleed valve that does not have
hermetically sealed switches.
Acceptable Method of Compliance
(h) Accomplishment of the actions specified in EMBRAER Service
Bulletin 120-36-0016, dated October 30, 2003, before the effective
date of this AD is an acceptable method of compliance with the
requirements of paragraph (f) of this AD.
[[Page 34003]]
Alternative Methods of Compliance (AMOCs)
(i)(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
(j) Brazilian airworthiness directive 2005-12-03, effective
January 19, 2006, also addresses the subject of this AD.
Material Incorporated by Reference
(k) You must use EMBRAER Service Bulletin 120-36-0016, Revision
01, dated October 4, 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 31, 2006.
Kalene C. Yanamura,
Acting Manager , Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-5245 Filed 6-12-06; 8:45 am]
BILLING CODE 4910-13-P
