Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes, 41745-41748 [E6-11724]
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Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Proposed Rules
directive in that it would require
revising the AFM within 10 days after
the effective date of this AD. In
developing an appropriate compliance
time for this AD, the FAA considered
not only the DGAC’s recommendation of
revising the AFM as of the effective date
of the French airworthiness directive,
but the degree of urgency associated
with addressing the subject unsafe
condition, the average utilization of the
affected fleet, and the time necessary to
perform the revision (less than one
hour). In light of all of these factors, the
FAA finds a 10-day compliance time for
completing the required AFM revision
to be warranted, in that it represents an
appropriate interval of time allowable
for affected airplanes to continue to
operate without compromising safety.
Costs of Compliance
This proposed AD would affect about
62 airplanes of U.S. registry, it would
take approximately 1 work hour per
airplane to accomplish the proposed
AFM revision, at an average labor rate
of $80 per work hour. Based on these
figures, the estimated cost of the
proposed AD for U.S. operators is
$4,960, or $80 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.
rmajette on PROD1PC67 with PROPOSALS1
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.
VerDate Aug<31>2005
14:57 Jul 21, 2006
Jkt 208001
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.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
Airbus: Docket No. FAA–2006–25421;
Directorate Identifier 2006–NM–074–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by August 23, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model
A310 airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from several incidents
of pitch oscillations with high vertical loads
that occurred during turbulence at high
altitudes. We are issuing this AD to prevent
pitch oscillations during turbulence, which
could result in reduced controllability 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.
Revision of Airplane Flight Manual (AFM)
(f) Within 10 days after the effective date
of this AD, revise the Limitations section of
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Frm 00006
Fmt 4702
Sfmt 4702
41745
the Airbus A310 AFM to include the
information in Temporary Revision (TR)
2.03.00/21, dated April 11, 2005. This may be
done by inserting a copy of the TR into the
AFM. When the TR has been included in the
general revisions of the AFM, those general
revisions may be inserted into the AFM,
provided the relevant information in the
general revisions is identical to that in the
TR.
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) French airworthiness directive F–2005–
114, dated July 6, 2005, also addresses the
subject of this AD.
Issued in Renton, Washington, on July 14,
2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–11722 Filed 7–21–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–25422; Directorate
Identifier 2006–NM–095–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135 and
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 all
EMBRAER Model EMB–135 and EMB–
145, –145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP airplanes. This
proposed AD would require inspecting
the fuel quantity indication system
(FQIS) wire harness and the DC fuel
pump wire harness to determine if the
harnesses are properly attached at their
respective attachment points and
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Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Proposed Rules
rmajette on PROD1PC67 with PROPOSALS1
properly separated from one another,
and performing corrective actions if
necessary. This proposed AD results
from a report that the FQIS wire harness
may not be properly attached at its
attachment points or properly separated
from the DC fuel pump wire harness.
We are proposing this AD to prevent
chafing between those harnesses or
chafing of the harnesses against adjacent
airplane structure or components,
which could present a potential ignition
source that could result in a fire or
explosion.
DATES: We must receive comments on
this proposed AD by August 23, 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–2006–25422; Directorate
Identifier 2006–NM–095–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.
VerDate Aug<31>2005
14:57 Jul 21, 2006
Jkt 208001
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.
attachment points, making sure the
harnesses cannot chafe against each
other or against adjacent structure or
components, and making sure that the
harnesses are not attached to each other.
As a corrective action if a discrepancy
is found, the service bulletin describes
procedures for rerouting the DC fuel
pump wire harness if any harness is not
properly attached or separated.
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 2006–03–01,
dated April 19, 2006, to ensure the
continued airworthiness of these
airplanes in Brazil.
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.
FAA’s Determination and Requirements
of the Proposed AD
Discussion
The Departamento de Aviacao Civil
¸˜
(DAC), which is the airworthiness
authority for Brazil, notified us that an
unsafe condition may exist on all
EMBRAER Model EMB–135 and EMB–
145, –145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP airplanes. The
DAC advises that the fuel quantity
indication system (FQIS) wire harness
may not be properly attached at its
attachment points and may not be
properly separated from the DC fuel
pump wire harness, due to the design of
the area. This condition, if not
corrected, could allow chafing between
those harnesses or chafing of those
harnesses against adjacent airplane
structure or components, which could
present a potential ignition source that
could result in a fire or explosion.
Relevant Service Information
EMBRAER has issued Service Bulletin
145–28–0025, Revision 04, dated
November 7, 2005. The service bulletin
describes procedures for a one-time
visual inspection of the FQIS harness
and DC fuel pump wire harness to
determine if the harnesses are properly
attached at their respective attachment
points and properly separated from one
another. The inspection involves
examining the condition of the harness
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
These airplane models are
manufactured in Brazil and are type
certificated for operation in the United
States under the provisions of section
21.29 of the Federal Aviation
Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness
agreement. Pursuant to this bilateral
airworthiness agreement, the DAC has
kept the FAA informed of the situation
described above. We have examined the
DAC’s findings, evaluated all pertinent
information, and determined that we
need to issue an AD for airplanes of this
type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD,
which would require accomplishing the
actions specified in the service
information described previously,
except as discussed under ‘‘Difference
Between the Proposed AD and Service
Information.’’
Difference Between the Proposed AD
and Service Information
EMBRAER Service Bulletin 145–28–
0025, Revision 04, does not specify a
corrective action if a broken, frayed,
cracked, or damaged wire, or a damaged
harness, is found. This proposed AD
would require that any such damage be
repaired in accordance with relevant
sections of the standard wiring practices
manual.
Costs of Compliance
This proposed AD would affect about
494 airplanes of U.S. registry. The
proposed actions would take about 1
work hour per airplane, at an average
labor rate of $80 per work hour. Based
on these figures, the estimated cost of
the proposed AD for U.S. operators is
$39,520, or $80 per airplane.
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Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Proposed Rules
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.
structure or components, which could
present a potential ignition source that could
result in a fire or explosion.
List of Subjects in 14 CFR Part 39
Compliance
Air transportation, Aircraft, Aviation
safety, Safety.
(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.
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.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
Empresa Brasileira De Aeronautica S.A.
(EMBRAER): Docket No. FAA–2006–
25422; Directorate Identifier 2006–NM–
095–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by August 23, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model
EMB–135BJ, –135ER, –135KE, –135KL, and
–135LR airplanes; and Model EMB–145,
–145ER, –145MR, –145LR, –145XR, –145MP,
and –145EP airplanes; certificated in any
category.
Unsafe Condition
(d) This AD results from a report that the
fuel quantity indication system (FQIS) wire
harness may not be properly attached or
separated from the DC fuel pump wire
harness. We are issuing this AD to prevent
chafing between those harnesses or chafing of
the harnesses against adjacent airplane
Inspecting Harnesses for Proper Attachment
and Separation
(f) Within 5,000 flight hours after the
effective date of this AD: Do a one-time
general visual inspection of the FQIS wire
harness and the DC fuel pump wire harness
to determine if the harnesses are properly
attached at their respective attachment points
and properly separated from one another,
and do all applicable corrective actions, in
accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin
145–28–0025, Revision 04, dated November
7, 2005. All applicable corrective actions
must be done before further flight.
Note 1: For the purposes of this AD, a
general visual inspection is: ‘‘A visual
examination of an interior or exterior area,
installation, or assembly to detect obvious
damage, failure, or irregularity. This level of
inspection is made from within touching
distance unless otherwise specified. A mirror
may be necessary to ensure visual access to
all surfaces in the inspection area. This level
of inspection is made under normally
available lighting conditions such as
daylight, hangar lighting, flashlight, or
droplight and may require removal or
opening of access panels or doors. Stands,
ladders, or platforms may be required to gain
proximity to the area being checked.’’
Further Corrective Actions
(g) If any broken, frayed, cracked, or
damaged wire, or a damaged harness, is
found: Before further flight, repair the
damaged wire or harness in accordance with
relevant sections of the standard wiring
practices manual.
Actions Accomplished Previously
(h) Actions done before the effective date
of this AD in accordance with one of the
service bulletins identified in Table 1 of this
AD are acceptable for compliance with the
corresponding actions required by this AD.
TABLE 1.—PREVIOUS ISSUES OF THE SERVICE INFORMATION
EMBRAER Service Bulletin
rmajette on PROD1PC67 with PROPOSALS1
145–28–0025
145–28–0025
145–28–0025
145–28–0025
..............................................................................................................................................
..............................................................................................................................................
..............................................................................................................................................
..............................................................................................................................................
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.
VerDate Aug<31>2005
Revision level
14:57 Jul 21, 2006
Jkt 208001
(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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Fmt 4702
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None ...............
01 ....................
02 ....................
03 ....................
Date
April 19, 2004.
June 9, 2004.
November 8, 2004.
April 28, 2005.
Related Information
(j) Brazilian airworthiness directive 2006–
03–01, dated April 19, 2006, also addresses
the subject of this AD.
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41748
Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Proposed Rules
Issued in Renton, Washington, on July 14,
2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–11724 Filed 7–21–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 505
[FHWA Docket No. FHWA–05–23393]
RIN 2125–AF08
Projects of National and Regional
Significance Evaluation and Rating
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM); request for comments.
rmajette on PROD1PC67 with PROPOSALS1
AGENCY:
SUMMARY: Section 1301 of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU) (Pub. L. 109–59;
119 Stat. 1144) established a program to
provide grants to States for Projects of
National and Regional Significance
(PNRS) to improve the safe, secure, and
efficient movement of people and goods
throughout the United States and to
improve the health and welfare of the
national economy. Section 1301
requires the Secretary of Transportation
(Secretary) to establish regulations on
the manner in which the proposed
projects will be evaluated and rated, in
order to determine which projects shall
receive grant funding. This proposed
rule would establish the required
evaluation and rating guidelines for
proposed projects. If this rule were
adopted, a proposed project would
become eligible to be funded under this
program only if the Secretary finds that
the project meets the requirements of
the rule. In making such findings, the
Secretary will evaluate and rate each
project as ‘‘highly recommended,’’
‘‘recommended,’’ or ‘‘not
recommended’’ based on the results of
preliminary engineering, the project
justification criteria, and the degree of
non-Federal financial commitment.
DATES: Comments must be received on
or before September 22, 2006. Late-filed
comments will be considered to the
extent practicable.
ADDRESSES: Mail or hand deliver
comments to the U.S. Department of
Transportation, Docket Management
Facility, Room PL–401, 400 Seventh
Street, SW., Washington, DC 20590, or
submit electronically at https://
VerDate Aug<31>2005
14:57 Jul 21, 2006
Jkt 208001
dmses.dot.gov/submit, or fax comments
to (202) 366–7909.
Alternatively, comments may be
submitted to the Federal eRulemaking
portal at https://www.regulations.gov. All
comments should include the docket
number that appears in the heading of
this document. All comments received
will be available for examination and
copying at the above address from 9
a.m. to 5 p.m., e.t., Monday through
Friday, except Federal holidays. Those
desiring notification of receipt of
comments must include a selfaddressed, stamped postcard or you
may print the acknowledgment page
that appears after submitting comments
electronically. Anyone is able to search
the electronic form of all comments in
any one of our dockets by the name of
the individual submitting the comment
(or signing the comment, if submitted
on behalf of an association, business, or
labor union). You may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (Volume 65, Number 70, Pages
19477–78) or you may visit https://
dms.dot.gov.
Mr.
Edward Strocko, Office of Freight
Management and Operations, HOFM–1,
(202) 366–2997, Ms. Alla Shaw, Office
of the Chief Counsel, (202) 366–1042, or
Ms. Diane Mobley, Office of the Chief
Counsel, (202) 366–1372, Federal
Highway Administration, 400 Seventh
St., SW., Washington, DC 20590. Office
Hours are from 7:45 a.m. to 4:15 p.m.,
e.t., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Electronic Access and Filing
You may submit or retrieve comments
online through the Document
Management System (DMS) at: https://
dmses.dot.gov/submit. Electronic
submission and retrieval help and
guidelines are available under the help
section of the Web site. Alternatively,
internet users may access all comments
received by the U.S. DOT Docket
Facility by using the universal resource
locator (URL) https://dms.dot.gov. It is
available 24 hours each day, 365 days
each year. Please follow the
instructions. An electronic copy of this
document may also be downloaded by
accessing the Office of the Federal
Register’s home page at: https://
www.archives.gov or the Government
Printing Office’s Web page at https://
www.gpoaccess/gov/nara.
Background
Section 1301 of SAFETEA–LU
establishes a program to finance critical,
PO 00000
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Fmt 4702
Sfmt 4702
high-cost transportation infrastructure
facilities that address critical national
economic and transportation needs.
These projects often involve multiple
levels of government, agencies, modes
of transportation, and transportation
goals and planning processes that are
not easily addressed or funded within
existing surface transportation program
categories. Projects of National and
Regional Significance would have
national and regional benefits, including
improving economic productivity by
facilitating international trade, relieving
congestion, and improving
transportation safety by facilitating
passenger and freight movement.
Additionally, this program would
further the goals of the Secretary’s
Congestion Initiative.1
The benefits of PNRS would accrue
beyond local areas and States to the
Nation as a whole. A program dedicated
to constructing PNRS would improve
the safe, secure, and efficient movement
of people and goods throughout the
United States as well as improve the
health and welfare of the national
economy. The FHWA specifically
invites comments that contribute to an
understanding and a quantification of
the term national and/or regional
economic benefits.
Under the proposed regulations, a
State seeking a grant for a proposed
PNRS would submit to the Secretary an
application that demonstrates the ability
of the proposed project to enhance the
national transportation system, generate
national economic benefits, reduce
congestion, improve transportation
safety, and attract non-Federal
investment.
The Secretary shall evaluate and rate
each proposed project as ‘‘highly
recommended,’’ ‘‘recommended,’’ or
‘‘not recommended’’ based on the
results of preliminary engineering, the
project justification criteria, and degree
of non-Federal financial commitments.
If the Secretary finds that the proposed
project meets the requirements of the
regulations, and there is a reasonable
likelihood that the project will continue
to meets such requirements, the
Secretary may issue a letter of intent to
obligate an amount from future available
budget authority specified in law or
execute a full funding grant agreement
1 Speaking before the National Retail
Foundation’s annual conference on May 16, 2006,
in Washington, DC, U.S. Transportation Secretary
Norman Mineta unveiled a new plan to reduce
congestion plaguing America’s roads, rail and
airports. The National Strategy to Reduce
Congestion on America’s Transportation Network
includes a number of initiatives designed to reduce
transportation congestion and is available at the
following URL: https://isddc.dot.gov/OLPFiles/OST/
012988.pdf.
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]]>Agencies
[Federal Register Volume 71, Number 141 (Monday, July 24, 2006)]
[Proposed Rules]
[Pages 41745-41748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11724]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25422; Directorate Identifier 2006-NM-095-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 and 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).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all EMBRAER Model EMB-135 and EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes. This proposed AD would require
inspecting the fuel quantity indication system (FQIS) wire harness and
the DC fuel pump wire harness to determine if the harnesses are
properly attached at their respective attachment points and
[[Page 41746]]
properly separated from one another, and performing corrective actions
if necessary. This proposed AD results from a report that the FQIS wire
harness may not be properly attached at its attachment points or
properly separated from the DC fuel pump wire harness. We are proposing
this AD to prevent chafing between those harnesses or chafing of the
harnesses against adjacent airplane structure or components, which
could present a potential ignition source that could result in a fire
or explosion.
DATES: We must receive comments on this proposed AD by August 23, 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-
25422; Directorate Identifier 2006-NM-095-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 Departamento de Avia[ccedil][atilde]o Civil (DAC), which is the
airworthiness authority for Brazil, notified us that an unsafe
condition may exist on all EMBRAER Model EMB-135 and EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes. The DAC advises
that the fuel quantity indication system (FQIS) wire harness may not be
properly attached at its attachment points and may not be properly
separated from the DC fuel pump wire harness, due to the design of the
area. This condition, if not corrected, could allow chafing between
those harnesses or chafing of those harnesses against adjacent airplane
structure or components, which could present a potential ignition
source that could result in a fire or explosion.
Relevant Service Information
EMBRAER has issued Service Bulletin 145-28-0025, Revision 04, dated
November 7, 2005. The service bulletin describes procedures for a one-
time visual inspection of the FQIS harness and DC fuel pump wire
harness to determine if the harnesses are properly attached at their
respective attachment points and properly separated from one another.
The inspection involves examining the condition of the harness
attachment points, making sure the harnesses cannot chafe against each
other or against adjacent structure or components, and making sure that
the harnesses are not attached to each other. As a corrective action if
a discrepancy is found, the service bulletin describes procedures for
rerouting the DC fuel pump wire harness if any harness is not properly
attached or separated.
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
2006-03-01, dated April 19, 2006, to ensure the continued airworthiness
of these airplanes in Brazil.
FAA's Determination and Requirements of the Proposed AD
These airplane models are manufactured in Brazil and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DAC has kept the FAA informed of
the situation described above. We have examined the DAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for airplanes of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would require
accomplishing the actions specified in the service information
described previously, except as discussed under ``Difference Between
the Proposed AD and Service Information.''
Difference Between the Proposed AD and Service Information
EMBRAER Service Bulletin 145-28-0025, Revision 04, does not specify
a corrective action if a broken, frayed, cracked, or damaged wire, or a
damaged harness, is found. This proposed AD would require that any such
damage be repaired in accordance with relevant sections of the standard
wiring practices manual.
Costs of Compliance
This proposed AD would affect about 494 airplanes of U.S. registry.
The proposed actions would take about 1 work hour per airplane, at an
average labor rate of $80 per work hour. Based on these figures, the
estimated cost of the proposed AD for U.S. operators is $39,520, or $80
per airplane.
[[Page 41747]]
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-
2006-25422; Directorate Identifier 2006-NM-095-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by August
23, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model EMB-135BJ, -135ER, -
135KE, -135KL, and -135LR airplanes; and Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes; certificated in
any category.
Unsafe Condition
(d) This AD results from a report that the fuel quantity
indication system (FQIS) wire harness may not be properly attached
or separated from the DC fuel pump wire harness. We are issuing this
AD to prevent chafing between those harnesses or chafing of the
harnesses against adjacent airplane structure or components, which
could present a potential ignition source that could result in a
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.
Inspecting Harnesses for Proper Attachment and Separation
(f) Within 5,000 flight hours after the effective date of this
AD: Do a one-time general visual inspection of the FQIS wire harness
and the DC fuel pump wire harness to determine if the harnesses are
properly attached at their respective attachment points and properly
separated from one another, and do all applicable corrective
actions, in accordance with the Accomplishment Instructions of
EMBRAER Service Bulletin 145-28-0025, Revision 04, dated November 7,
2005. All applicable corrective actions must be done before further
flight.
Note 1: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''
Further Corrective Actions
(g) If any broken, frayed, cracked, or damaged wire, or a
damaged harness, is found: Before further flight, repair the damaged
wire or harness in accordance with relevant sections of the standard
wiring practices manual.
Actions Accomplished Previously
(h) Actions done before the effective date of this AD in
accordance with one of the service bulletins identified in Table 1
of this AD are acceptable for compliance with the corresponding
actions required by this AD.
Table 1.--Previous Issues of the Service Information
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EMBRAER Service Bulletin Revision level Date
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145-28-0025............................. None.......................... April 19, 2004.
145-28-0025............................. 01............................ June 9, 2004.
145-28-0025............................. 02............................ November 8, 2004.
145-28-0025............................. 03............................ April 28, 2005.
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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 2006-03-01, dated April
19, 2006, also addresses the subject of this AD.
[[Page 41748]]
Issued in Renton, Washington, on July 14, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-11724 Filed 7-21-06; 8:45 am]
BILLING CODE 4910-13-P
