Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-145LR, -145XR, and -145MP Airplanes; and Model EMB-135BJ and -135LR Airplanes, 27730-27732 [E7-9401]
Download as PDF
<![CDATA[
27730
Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Rules and Regulations
Appendix 4 Retained From AD 2006–
06–06
DEPARTMENT OF TRANSPORTATION
Changes to the Cessna Models 208 or 208B
Pilot’s Operating Handbook (POH) and FAAApproved Airplane Flight Manual (AFM)
Supplement S1
Affected Cessna Models 208 or 208B POH
and FAA-Approved AFM and FAA-Approved
Supplement S1
Insert the following text into the
LIMITATIONS section under the ‘‘AIRSPEED
LIMITATIONS’’ paragraph of the Cessna
Models 208 or 208B POH and FAA-approved
AFM, and replace the text in the KNOWN
ICING EQUIPMENT SUPPLEMENT S1 under
the ‘‘MINIMUM SPEED IN ICING
CONDITIONS’’ paragraph with the following
text. This may be done by inserting a copy
of this AD into the POH/AFM:
‘‘Minimum airspeed in icing conditions,
for all flight phases including approach,
except takeoff and landing:
Flaps up: 120 KIAS
Flaps 10°: 105 KIAS
Flaps 20°: 95 KIAS
Exception for flaps up: when climbing to
exit icing conditions airspeed can be reduced
to 110 KIAS minimum.
Flaps must be extended during all phases
(takeoff and landing included) at airspeeds
below 110 KIAS, except adhere to published
AFM procedures when operating with
ground deicing/anti-icing fluid applied.
Warning
The aural stall warning system does not
function properly in all icing conditions and
should not be relied upon to provide
adequate stall warning when in icing
conditions.’’
Note: These are minimum speeds for
operations in icing conditions. Disregard any
reference to the original speeds within the
POH/AFM.
Appendix 5 Retained From AD 2006–
06–06
cprice-sewell on PROD1PC71 with RULES
Changes to the Cessna Models 208 or 208B
Pilot’s Operating Handbook (POH) and FAAApproved Airplane Flight Manual (AFM)
Supplement S1
Replace the text in the PERFORMANCE
section of the POH/AFM KNOWN ICING
EQUIPMENT SUPPLEMENT S1 under the
‘‘STALL SPEEDS’’ paragraph with the
following text:
‘‘Ice accumulation on the airframe may
result in a 20 KIAS increase in stall speed.
Either buffet or aural stall warning should be
treated as an imminent stall.’’
‘‘WARNING—The aural stall warning
system does not function properly in all icing
conditions and should not be relied upon to
provide adequate stall warning when in icing
conditions.’’
Issued in Kansas City, Missouri, on May
10, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–9398 Filed 5–16–07; 8:45 am]
BILLING CODE 4910–13–P
VerDate Aug<31>2005
15:37 May 16, 2007
Jkt 211001
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–24696; Directorate
Identifier 2006–NM–038–AD; Amendment
39–15052; AD 2007–10–11]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–145LR,
–145XR, and –145MP Airplanes; and
Model EMB–135BJ and –135LR
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
EMBRAER Model EMB–145LR, –145XR,
and –145MP airplanes; and Model
EMB–135BJ and –135LR airplanes. This
AD requires replacing the electrical
bonding clamps inside the fuel tanks
and adjacent areas. This AD results from
a report of the failure of a fitting clamp
of an electrical bonding cable for the
fuel tubing. We are issuing this AD to
prevent loss of bonding protection in
the interior of the fuel tanks or adjacent
areas, and a consequent potential source
of ignition in a fuel tank and possible
fire or explosion.
DATES: This AD becomes effective June
21, 2007.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of June 21, 2007.
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 98057–3356; telephone
(425) 227–2125; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the AD docket on
the Internet at https://dms.dot.gov or in
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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 supplemental
notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an
AD that would apply to certain
EMBRAER Model EMB–145, –145ER,
–145MR, –145LR, –145XR, –145MP, and
–145EP airplanes; and Model EMB–
135BJ, –135ER, –135KE, –135KL, and
–135LR airplanes. That supplemental
NPRM was published in the Federal
Register on December 6, 2006 (71 FR
70648). That supplemental NPRM
proposed to require replacing the
electrical bonding clamps inside the
fuel tanks and adjacent areas. That
supplemental NPRM also proposed to
add airplanes to the applicability.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the single comment
received.
Request To Remove Airplanes From the
Applicability of the Supplemental
NPRM
ExpressJet points out that the
supplemental NPRM specified that the
newly added EMBRAER Model EMB–
135BJ, –135ER, –135KE, –135KL, and
–135LR airplanes accomplish the
required actions in accordance with
EMBRAER Service Bulletin 145LEG–
28–0030, dated April 19, 2006.
ExpressJet asserts that this service
bulletin is not applicable to any of these
airplanes, except the Model EMB–135BJ
airplanes. Therefore, ExpressJet states
that EMBRAER Model EMB–135ER,
–135KE, –135KL, and –135LR airplanes
should not be included in the
applicability of the supplemental
NPRM.
From this comment, we infer that
ExpressJet is requesting that EMBRAER
Model EMB–135ER, –135KE, –135KL,
and –135LR airplanes be removed from
the applicability of the AD. We partially
agree. As we stated in the supplemental
NPRM, the Agincia Nacional de Aviarno
Civil (ANAC), which is the
airworthiness authority for Brazil,
notified us that the unsafe condition
identified in the original NPRM might
exist on EMBRAER ‘‘Model EMB–135
airplanes,’’ in addition to the airplanes
identified in the original NPRM. ANAC
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17MYR1
27731
Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Rules and Regulations
subsequently issued Brazilian
airworthiness directive 2006–02–03R2,
effective October 8, 2006, to address the
subject unsafe condition on ‘‘Model
EMB–135 airplanes.’’
However, we have verified the
effectivity of EMBRAER Service
Bulletins 145–28–0028, dated November
7, 2005; and 145LEG–28–0030, dated
April 19, 2006; with EMBRAER.
EMBRAER Service Bulletin 145LEG–
28–0030 applies only to Model EMB–
135BJ airplanes. EMBRAER Service
Bulletin 145–28–0028 applies only to
Model EMB–135LR airplanes, and to
Model EMB–145LR, –145XR, and
–145MP airplanes. Therefore, we agree
that Model EMB–135ER, –135KE, and
–135KL airplanes are not subject to the
requirements of this AD and we have
removed those airplanes from the
applicability of this AD. We do not
agree to remove Model EMB–135LR
airplanes from the applicability of this
AD, but we do agree that these airplanes
are not subject to EMBRAER Service
Bulletin 145LEG–28–0030. Therefore,
we have revised Tables 1 and 2 of this
AD to specify that these airplanes are
identified in and must use EMBRAER
Service Bulletin 145–28–0028 to
accomplish the actions required by this
AD.
In addition, we have removed Model
EMB–145, –145ER, –145MR, and
–145EP airplanes from the applicability
of this AD. These airplanes are not
identified in EMBRAER Service Bulletin
145–28–0028 and are not subject to the
requirements of this AD.
Conclusion
We have carefully reviewed the
available data, including the comment
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
The following table provides the
estimated costs for U.S. operators to
comply with this AD.
ESTIMATED COSTS
Action
Work hours
Average
labor rate
per hour
Replacement of bonding clamp (all airplane groups).
2
$80
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
cprice-sewell on PROD1PC71 with RULES
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
Parts
Cost per airplane
Between $33 and $87, Between $193 and
per kit (depending
$247 (depending on
on kit/airplane group).
kit/airplane group).
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,
Number of
U.S.registered
airplanes
20
Fleet cost
Between $3,860 and
$4,940 (depending
on kit/airplane
group).
the FAA amends 14 CFR part 39 as
follows:
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
2007–10–11 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–15052. Docket No.
FAA–2006–24696; Directorate Identifier
2006–NM–038–AD.
Effective Date
(a) This AD becomes effective June 21,
2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes
identified in Table 1 of this AD, certificated
in any category.
TABLE 1.—APPLICABILITY
EMBRAER model—
As identified in—
EMB–145LR, –145XR, –145MP, and –135LR airplanes .........................
VerDate Aug<31>2005
15:37 May 16, 2007
Jkt 211001
PO 00000
Frm 00011
Fmt 4700
EMBRAER Service Bulletin 145–28–0028, dated November 7, 2005.
Sfmt 4700
E:\FR\FM\17MYR1.SGM
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27732
Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Rules and Regulations
TABLE 1.—APPLICABILITY—Continued
EMBRAER model—
As identified in—
EMB–135BJ airplanes ..............................................................................
Unsafe Condition
(d) This AD results from a report of the
failure of a fitting clamp of an electrical
bonding cable for the fuel tubing. We are
issuing this AD to prevent loss of bonding
protection in the interior of the fuel tanks or
adjacent areas, and a consequent potential
source of ignition in a fuel tank and possible
fire or explosion.
EMBRAER Service Bulletin 145LEG–28–0030, dated April 19, 2006.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Electrical Bonding Clamp Replacement
(f) At the time specified in paragraph (f)(1)
or (f)(2) of this AD, as applicable: Replace the
electrical bonding clamps having part
numbers AN735D6 and AN735D4 inside the
forward fuel tank or the ventral, wing stub,
and wing fuel tanks, and adjacent areas, as
applicable; by accomplishing all actions
specified in the Accomplishment
Instructions of the applicable service bulletin
identified in Table 2 of this AD.
TABLE 2.—APPLICABLE SERVICE INFORMATION
For EMBRAER model—
Use—
EMB–145LR, –145XR, –145MP, and –135LR airplanes .........................
EMB–135BJ airplanes ..............................................................................
(1) For Model EMB–145LR, –145XR, and
–145MP airplanes; and Model EMB–135LR
airplanes: Within 5,000 flight hours after the
effective date of this AD.
(2) For Model EMB–135BJ airplanes:
Within 4,000 flight hours or 48 calendar
months after the effective date of this AD,
whichever occurs first.
Alternative Methods of Compliance
(AMOCs)
EMBRAER Service Bulletin 145–28–0028, dated November 7, 2005
EMBRAER Service Bulletin 145LEG–28–0030, dated April 19, 2006.
to: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
Issued in Renton, Washington, on May 7,
2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E7–9401 Filed 5–16–07; 8:45 am]
BILLING CODE 4910–13–P
(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.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 401, 415, 431, 435, 440
and 460
[Docket No. FAA–2005–23449]
Related Information
Human Space Flight Requirements for
Crew and Space Flight Participants
(h) Brazilian airworthiness directive 2006–
02–03R2, effective October 8, 2006, also
addresses the subject of this AD.
AGENCY:
cprice-sewell on PROD1PC71 with RULES
Material Incorporated by Reference
(i) You must use EMBRAER Service
Bulletin 145–28–0028, dated November 7,
2005; or EMBRAER Service Bulletin
145LEG–28–0030, dated April 19, 2006; as
applicable; 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 these documents 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 FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
VerDate Aug<31>2005
15:37 May 16, 2007
Jkt 211001
Federal Aviation
Administration, DOT.
ACTION: Notice of Office of Management
and Budget Approval for Information
Collection.
SUMMARY: This notice announces the
Office of Management and Budget’s
(OMB) approval of the information
collection requirement in the final rule
published on December 15, 2006. The
sections of the final rule pending
approval of this information collection
request are effective upon publication of
this notice.
DATES: On April 16, 2007, the FAA
received OMB approval for the
information collection requirement in
the final rule published at 71 FR 75616
(December 15, 2006). The compliance
date for information collection
requirements in §§ 460.5, 460.7, 460.9,
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
460.19, 460.45, and 460.49 is May 17,
2007.
FOR FURTHER INFORMATION CONTACT: For
technical information, contact Kenneth
Wong, Deputy Manager, Licensing and
Safety Division, Commercial Space
Transportation, AST–200, Federal
Aviation Administration, 800
Independence Avenue, SW.,
Washington, DC 20591; telephone (202)
267–8465; facsimile (202) 267–3686;
e-mail ken.wong@faa.gov. For legal
information, contact Laura Montgomery,
Senior Attorney, Office of the Chief
Counsel, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone (202) 267–3150; facsimile
(202) 267–7971, e-mail
laura.montgomery@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On December 15, 2006, the FAA
published the final rule, Human Space
Flight Requirements for Crew and Space
Flight Participants, in the Federal
Register. The rule established
requirements for human space flight as
required by the Commercial Space
Launch Amendments Act of 2004. In the
DATES section of the final rule, we noted
that affected parties did not need to
comply with the information collection
requirements in specified sections of the
rule until the Office of Management and
Budget (OMB) approved the FAA’s
request to collect the information.
According to the Paperwork
Reduction Act, OMB approved the
FAA’s request for new information
collection on April 16, 2007, and
assigned the information collection
OMB Control Number 2120–0720. The
E:\FR\FM\17MYR1.SGM
17MYR1
]]>Agencies
[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Rules and Regulations]
[Pages 27730-27732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9401]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24696; Directorate Identifier 2006-NM-038-AD;
Amendment 39-15052; AD 2007-10-11]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-145LR, -145XR, and -145MP Airplanes; and Model EMB-
135BJ and -135LR 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-145LR, -145XR, and -145MP airplanes; and
Model EMB-135BJ and -135LR airplanes. This AD requires replacing the
electrical bonding clamps inside the fuel tanks and adjacent areas.
This AD results from a report of the failure of a fitting clamp of an
electrical bonding cable for the fuel tubing. We are issuing this AD to
prevent loss of bonding protection in the interior of the fuel tanks or
adjacent areas, and a consequent potential source of ignition in a fuel
tank and possible fire or explosion.
DATES: This AD becomes effective June 21, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of June 21, 2007.
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 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
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 street address stated in the
ADDRESSES section.
Discussion
The FAA issued a supplemental notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an AD that would apply to certain
EMBRAER Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes; and Model EMB-135BJ, -135ER, -135KE, -135KL, and -
135LR airplanes. That supplemental NPRM was published in the Federal
Register on December 6, 2006 (71 FR 70648). That supplemental NPRM
proposed to require replacing the electrical bonding clamps inside the
fuel tanks and adjacent areas. That supplemental NPRM also proposed to
add airplanes to the applicability.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the single comment received.
Request To Remove Airplanes From the Applicability of the Supplemental
NPRM
ExpressJet points out that the supplemental NPRM specified that the
newly added EMBRAER Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR
airplanes accomplish the required actions in accordance with EMBRAER
Service Bulletin 145LEG-28-0030, dated April 19, 2006. ExpressJet
asserts that this service bulletin is not applicable to any of these
airplanes, except the Model EMB-135BJ airplanes. Therefore, ExpressJet
states that EMBRAER Model EMB-135ER, -135KE, -135KL, and -135LR
airplanes should not be included in the applicability of the
supplemental NPRM.
From this comment, we infer that ExpressJet is requesting that
EMBRAER Model EMB-135ER, -135KE, -135KL, and -135LR airplanes be
removed from the applicability of the AD. We partially agree. As we
stated in the supplemental NPRM, the Agincia Nacional de Aviarno Civil
(ANAC), which is the airworthiness authority for Brazil, notified us
that the unsafe condition identified in the original NPRM might exist
on EMBRAER ``Model EMB-135 airplanes,'' in addition to the airplanes
identified in the original NPRM. ANAC
[[Page 27731]]
subsequently issued Brazilian airworthiness directive 2006-02-03R2,
effective October 8, 2006, to address the subject unsafe condition on
``Model EMB-135 airplanes.''
However, we have verified the effectivity of EMBRAER Service
Bulletins 145-28-0028, dated November 7, 2005; and 145LEG-28-0030,
dated April 19, 2006; with EMBRAER. EMBRAER Service Bulletin 145LEG-28-
0030 applies only to Model EMB-135BJ airplanes. EMBRAER Service
Bulletin 145-28-0028 applies only to Model EMB-135LR airplanes, and to
Model EMB-145LR, -145XR, and -145MP airplanes. Therefore, we agree that
Model EMB-135ER, -135KE, and -135KL airplanes are not subject to the
requirements of this AD and we have removed those airplanes from the
applicability of this AD. We do not agree to remove Model EMB-135LR
airplanes from the applicability of this AD, but we do agree that these
airplanes are not subject to EMBRAER Service Bulletin 145LEG-28-0030.
Therefore, we have revised Tables 1 and 2 of this AD to specify that
these airplanes are identified in and must use EMBRAER Service Bulletin
145-28-0028 to accomplish the actions required by this AD.
In addition, we have removed Model EMB-145, -145ER, -145MR, and -
145EP airplanes from the applicability of this AD. These airplanes are
not identified in EMBRAER Service Bulletin 145-28-0028 and are not
subject to the requirements of this AD.
Conclusion
We have carefully reviewed the available data, including the
comment 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
The following table provides the estimated costs for U.S. operators
to comply with this AD.
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of
Average U.S.-
Action Work hours labor rate Parts Cost per airplane registered Fleet cost
per hour airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Replacement of bonding clamp (all 2 $80 Between $33 and $87, Between $193 and $247 20 Between $3,860 and
airplane groups). per kit (depending on (depending on kit/ $4,940 (depending on
kit/airplane group). airplane group). kit/airplane group).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this 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:
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):
2007-10-11 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15052. Docket No. FAA-2006-24696; Directorate
Identifier 2006-NM-038-AD.
Effective Date
(a) This AD becomes effective June 21, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes identified in Table 1 of
this AD, certificated in any category.
Table 1.--Applicability
------------------------------------------------------------------------
EMBRAER model-- As identified in--
------------------------------------------------------------------------
EMB-145LR, -145XR, -145MP, and -135LR EMBRAER Service Bulletin 145-28-
airplanes. 0028, dated November 7, 2005.
[[Page 27732]]
EMB-135BJ airplanes.................... EMBRAER Service Bulletin 145LEG-
28-0030, dated April 19, 2006.
------------------------------------------------------------------------
Unsafe Condition
(d) This AD results from a report of the failure of a fitting
clamp of an electrical bonding cable for the fuel tubing. We are
issuing this AD to prevent loss of bonding protection in the
interior of the fuel tanks or adjacent areas, and a consequent
potential source of ignition in a fuel tank and possible fire or
explosion.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Electrical Bonding Clamp Replacement
(f) At the time specified in paragraph (f)(1) or (f)(2) of this
AD, as applicable: Replace the electrical bonding clamps having part
numbers AN735D6 and AN735D4 inside the forward fuel tank or the
ventral, wing stub, and wing fuel tanks, and adjacent areas, as
applicable; by accomplishing all actions specified in the
Accomplishment Instructions of the applicable service bulletin
identified in Table 2 of this AD.
Table 2.--Applicable Service Information
------------------------------------------------------------------------
For EMBRAER model-- Use--
------------------------------------------------------------------------
EMB-145LR, -145XR, -145MP, and -135LR EMBRAER Service Bulletin 145-28-
airplanes. 0028, dated November 7, 2005
EMB-135BJ airplanes.................... EMBRAER Service Bulletin 145LEG-
28-0030, dated April 19, 2006.
------------------------------------------------------------------------
(1) For Model EMB-145LR, -145XR, and -145MP airplanes; and Model
EMB-135LR airplanes: Within 5,000 flight hours after the effective
date of this AD.
(2) For Model EMB-135BJ airplanes: Within 4,000 flight hours or
48 calendar months after the effective date of this AD, whichever
occurs first.
Alternative Methods of Compliance (AMOCs)
(g)(1) The Manager, International Branch ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(h) Brazilian airworthiness directive 2006-02-03R2, effective
October 8, 2006, also addresses the subject of this AD.
Material Incorporated by Reference
(i) You must use EMBRAER Service Bulletin 145-28-0028, dated
November 7, 2005; or EMBRAER Service Bulletin 145LEG-28-0030, dated
April 19, 2006; as applicable; 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
these documents 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 FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-
register/cfr/ibr-locations.html.
Issued in Renton, Washington, on May 7, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-9401 Filed 5-16-07; 8:45 am]
BILLING CODE 4910-13-P
