[Federal Register Volume 71, Number 186 (Tuesday, September 26, 2006)]
[Proposed Rules]
[Pages 56062-56064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8225]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25889; Directorate Identifier 2006-NM-168-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 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 certain EMBRAER Model ERJ 170 airplanes. This proposed AD would 
require replacement of certain electrical bonding clamps and attaching 
hardware with new or serviceable parts, as applicable, and other 
specified action. This proposed AD results from failure of an 
electrical bonding clamp, used to attach the electrical bonding straps 
to the fuel system lines. We are proposing this AD to prevent loss of 
bonding protection in the interior of the fuel tanks or adjacent areas 
that, in combination with lightning strike, could result in a fuel tank 
explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by October 26, 
2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; 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-
25889; Directorate Identifier 2006-NM-168-AD'' at the beginning of your 
comments. We

[[Page 56063]]

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 http://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 http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://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 Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the airworthiness authority for Brazil, notified us that an 
unsafe condition may exist on certain EMBRAER Model ERJ 170 airplanes. 
The ANAC advises that an electrical bonding clamp, used to attach the 
electrical bonding straps to the fuel system lines, failed in one 
instance. Investigation revealed that a batch of electrical bonding 
clamps was manufactured with the incorrect material. These discrepant 
clamps were installed on several airplanes, which may lead to loss of 
bonding protection in the interior of the fuel tanks or adjacent areas. 
In combination with lightning strike, this condition, if not corrected, 
could result in a fuel tank explosion and consequent loss of the 
airplane.

Relevant Service Information

    EMBRAER has issued Service Bulletin 170-28-0009, Revision 01, dated 
February 23, 2006. The service bulletin describes procedures for 
replacing all electrical bonding clamps having part number AN735D4 or 
AN735D6 with new parts and accomplishing the other specified action. 
The other specified action is an electrical bonding test of the 
reconnected strap. Accomplishing the actions specified in the service 
information is intended to adequately address the unsafe condition. The 
ANAC mandated the service information and issued Brazilian 
airworthiness directive 2006-06-03, effective July 7, 2006, to ensure 
the continued airworthiness of these airplanes in Brazil.

FAA's Determination and Requirements of the Proposed AD

    This airplane model is manufactured in Brazil and is 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 ANAC has kept the FAA informed 
of the situation described above. We have examined the ANAC'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.

Costs of Compliance

    This proposed AD would affect about 68 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. Required parts would cost 
about $41 per airplane. Based on these figures, the estimated cost of 
the proposed AD for U.S. operators is $8,228, or $121 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 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-
2006-25889; Directorate Identifier 2006-NM-168-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by October 
26, 2006.

Affected ADs

    (b) None.

[[Page 56064]]

Applicability

    (c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, and -100 SU airplanes, certificated in any category; serial 
numbers 17000007, 17000033, 17000034, 17000036 through 17000046 
inclusive, and 17000050 through 17000067 inclusive.

Unsafe Condition

    (d) This AD results from failure of an electrical bonding clamp, 
used to attach the electrical bonding straps to the fuel system 
lines. We are issuing this AD to prevent loss of bonding protection 
in the interior of the fuel tanks or adjacent areas that, in 
combination with lightning strike, 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.

Replacement

    (f) Within 5,000 flight hours after the effective date of this 
AD: Replace all electrical bonding clamps having part number AN735D4 
or AN735D6 with new clamps and replace the attaching hardware with 
new or serviceable attaching hardware, and do the other specified 
action, by accomplishing all of the actions specified in the 
Accomplishment Instructions of EMBRAER Service Bulletin 170-28-0009, 
Revision 01, dated February 23, 2006. The other specified action 
must be done before further flight.

Credit for Previous Service Bulletin

    (g) Actions done before the effective date of this AD in 
accordance with EMBRAER Service Bulletin 170-28-0009, dated December 
30, 2005, are acceptable for compliance with the requirements of 
paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (i) Brazilian airworthiness directive 2006-06-03, effective July 
7, 2006, also addresses the subject of this AD.

    Issued in Renton, Washington, on September 14, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-8225 Filed 9-25-06; 8:45 am]
BILLING CODE 4910-13-P