Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Proposed Rules 15075 

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. 

Inspection 

(f) Within 24 months after the effective 

date of this AD, perform a detailed inspection 

to determine if there is sufficient fillet sealant 

at the inboard and outboard sides of the 

receptacles in the MLG wheel wells, in 

accordance with the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 737–24–1169, dated 

December 15, 2006. Do all applicable related 

investigative and corrective actions before 

further flight in accordance with the service 

bulletin. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested in accordance with the procedures 

found in 14 CFR 39.19. 

(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. 

Issued in Renton, Washington, on March 

23, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–5907 Filed 3–29–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26354; Directorate 

Identifier 2006–NM–196–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 Airplanes 

and Model EMB–145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: The FAA is revising an earlier 

NPRM for certain EMBRAER Model 

EMB–135 airplanes and Model EMB–

145, –145ER, –145MR, –145LR, –145XR, 

–145MP, and –145EP airplanes. The 

original NPRM would have required 

replacing the metallic tubes enclosing 

the vent and pilot valve wires in the 

left- and right-hand wing fuel tanks with 

non-conductive hoses. The original 

NPRM resulted from fuel system 

reviews conducted by the manufacturer. 

This action revises the original NPRM 

by adding airplanes to the applicability. 

We are proposing this supplemental 

NPRM to prevent an ignition source 

inside the fuel tank that could ignite 

fuel vapor and cause a fuel tank 

explosion and loss of the airplane. 

DATES: We must receive comments on 

this supplemental NPRM by April 24, 

2007. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

supplemental NPRM. 

• DOT Docket Web site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://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 CamposSP, Brazil, for service information 

identified in this AD. 

FOR FURTHER INFORMATION CONTACT: Tom 

Groves, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–1503; 

fax (425) 227–1503. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this supplemental NPRM. 

Send your comments to an address 

listed in the ADDRESSES section. Include 

the docket number ‘‘Docket No. FAA–

2006–26354; Directorate Identifier 

2006–NM–196–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this supplemental NPRM. We 

will consider all comments received by 

the closing date and may amend this 

supplemental NPRM in light of those 

comments. 

We will post all comments submitted, 

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 supplemental NPRM. 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 in the Nassif Building at the DOT 

street address stated in ADDRESSES. 

Comments will be available in the AD 

docket shortly after the Docket 

Management System receives them. 

Discussion 

We proposed to amend 14 CFR part 

39 with a notice of proposed rulemaking 

(NPRM) for an airworthiness directive 

(AD) (the ‘‘original NPRM’’). The 

original NPRM applies to certain 

EMBRAER Model EMB–135 airplanes 

and Model EMB–145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP 

airplanes. The original NPRM was 

published in the Federal Register on 

November 20, 2006 (71 FR 67082). The 

original NPRM proposed to require 

replacing the metallic tubes enclosing 

the vent and pilot valve wires in the 

left- and right-hand wing fuel tanks with 

non-conductive hoses. 

Comments 

We have considered the following 

comments on the original NPRM. 

Support for the NPRM 

Chautauqua Airlines expresses full 

support for the intent of the NPRM and 

the initiatives taken by the FAA to 

enhance safety. 

Request To Revise Service Information 

Reference 

EMBRAER requests that we revise the 

NPRM to refer to current service 

information. EMBRAER states that, 

although the NPRM specifies Service 

Bulletin 145–28–0023, Revision 05, 


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15076 Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Proposed Rules 

dated May 15, 2006, as the latest 

revision, Revision 06 and Revision 07 

have been issued. EMBRAER therefore 

proposes that the NPRM be revised to 

cite EMBRAER Bulletin 145–28–0023, 

Revision 07, dated February 7, 2007, as 

the appropriate source of service 

information for accomplishing the 

requirements of the AD; and that 

EMBRAER Service Bulletin 145–28–

0023, Revision 05, dated May 15, 2006; 

and Revision 06, dated October 31, 

2006; be included in Table 1 of the AD 

as acceptable means of compliance. 

We agree with this request as ADs 

should refer to current service 

information. We have reviewed Service 

Bulletin 145–28–0023, Revision 06, 

dated October 31, 2006; and Revision 

07, dated February 7, 2007; which 

include additional airplanes in the 

effectivity. The procedures in Revision 

06 and Revision 07 are essentially the 

same as in Revision 05; however, 

Revision 06 corrects a few illustrative 

errors and Revision 07 specifies a 

reduced parts cost. Accordingly, in the 

Costs of Compliance of this 

supplemental NPRM, we have increased 

the number of airplanes of U.S. registry 

specified to 623 airplanes and revised 

the parts cost. We have also revised the 

supplemental NPRM to refer to Service 

Bulletin 145–28–0023, Revision 07, as 

the appropriate source of service 

information for accomplishing the 

proposed requirements of the 

supplemental NPRM. Further, we have 

modified Table 1 of the supplemental 

NPRM to give credit for the use of 

Service Bulletin 145–28–0023, Revision 

05 and Revision 06, prior to the effective 

date of the AD. 

Request for Revised Parts Costs 

Chautauqua Airlines requests that we 

clarify the parts costs of the NPRM, 

which are listed as ‘‘between $1,121 and 

$1,796 per airplane.’’ Chautauqua 

asserts that EMBRAER Service Bulletin 

145–28–0023, Revision 05, clearly states 

kit pricing as ‘‘reference price of U.S. 

$1,795.53.’’ Chautauqua points out that 

the $1,796 quoted in the NPRM seems 

appropriate, but that the lower end of 

the range stated in the NPRM is not 

mentioned anywhere in the referenced 

service bulletin. 

We partially agree. The kit price of 

$1,121 does not appear in Service 

Bulletin 145–28–0023, Revision 05, but 

appears in EMBRAER Service Bulletin 

145LEG–28–0018, Revision 01, dated 

April 20, 2005, which applies only to 

Model EMB–135BJ airplanes. Therefore, 

as stated in the original NPRM, the parts 

cost would have varied between $1,121 

and $1,796, depending upon the 

airplane model. However, Service 

Bulletin 145–28–0023, Revision 07, 

specifies a kit price of $1,788 rather 

than $1,796. Therefore, we have revised 

the parts cost of the Costs of Compliance 

of the supplemental NPRM to reflect 

this reduced figure for airplanes other 

than Model EMB–135BJ airplanes. 

Request for Revised Work Hours 

Chautauqua also requests that we 

revise the labor costs specified in the 

NPRM. Chautauqua states that this 

NPRM (as with most others) does not 

include time to disassemble, 

reassemble, or test, allowing one man 

hour for the modification, where the 

service bulletin allows a total of 4.5 man 

hours to disassemble, modify, 

reassemble, and test. Chautauqua 

acknowledges that, as a general rule, the 

FAA does not include times for 

disassembly, reassembly, or testing in 

proposed rules, asserting however, that, 

over the years, these hours add up to 

considerable expense that is not 

accounted for in the rulemaking 

process. Chautauqua continues that the 

NPRM also does not include any 

allowances for defueling the aircraft, 

which is one of the first requirements of 

the service bulletin. Chautauqua asserts 

that most operators would elect to 

perform the requirements of the AD 

during a heavy check where the aircraft 

is already in a defueled state, stating 

that, for those who perform this 

modification at any time other than a 

heavy check, there may be additional 

costs associated with defueling. 

Chautauqua asks why these times 

should not be included in the rule 

making process, stating a firm belief that 

all associated costs should be accounted 

for in any rulemaking decisions when 

those costs are so clearly identified by 

the manufacturer. 

We do not agree with this request. As 

noted by Chautauqua, the cost 

information describes only the direct 

costs of the specific actions required by 

this supplemental NPRM: in this case, 

the modification. Based on the best data 

available, the manufacturer provided 

the number of work hours (1 hour) 

necessary to do the required actions. 

This number represents the time 

necessary to perform only the actions 

actually required by this supplemental 

NPRM. We recognize that, in doing the 

actions required by an AD, operators 

might incur incidental costs in addition 

to the direct costs. The cost analysis in 

AD rulemaking actions, however, 

typically does not include incidental 

costs such as the time required to gain 

access and close up, time necessary for 

planning, or time necessitated by other 

administrative actions. Those incidental 

costs, which might vary significantly 

among operators, are almost impossible 

to calculate. We have not changed the 

supplemental NPRM in this regard. 

Change to Costs of Compliance 

We have been advised that there are 

30 Model EMB–135BJ airplanes on the 

U.S. register. As this allows us to 

specify a more precise fleet cost 

estimate, we have changed the Costs of 

Compliance of the supplemental NPRM 

accordingly. 

Clarification of Applicability 

To eliminate confusion, we have 

revised the applicability of this 

supplemental NPRM to clearly identify 

which airplane models are affected by 

each service bulletin. 

FAA’s Determination and Proposed 

Requirements of the Supplemental 

NPRM 

Certain changes discussed above 

expand the scope of the original NPRM; 

therefore, we have determined that it is 

necessary to reopen the comment period 

to provide additional opportunity for 

public comment on this supplemental 

NPRM. 

Costs of Compliance 

This supplemental NPRM would 

affect about 623 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 

$1,121 (for each of 30 Model EMB–

135BJ airplanes) or $1,788 (for each of 

593 remaining airplanes). The cost per 

airplane would be $1,201 or $1,868. 

Based on these figures, the estimated 

cost of the supplemental NPRM for U.S. 

operators is $1,143,754. 

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 


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Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Proposed Rules 15077 

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 supplemental NPRM 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): 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2006–

26354; Directorate Identifier 2006–NM–

196–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by April 24, 2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the following 

airplanes, certificated in any category; as 

described in paragraph (c)(1) and (c)(2) of 

this AD. 

(1) EMBRAER Model EMB–135ER, 

–135KE, –135KL, and –135LR airplanes and 

Model EMB–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP airplanes; as 

identified in EMBRAER Service Bulletin 

145–28–0023, Revision 07, dated February 7, 

2007. 

(2) EMBRAER Model EMB–135BJ 

airplanes, as identified in EMBRAER Service 

Bulletin 145LEG–28–0018, Revision 01, 

dated April 20, 2005. 

Unsafe Condition 

(d) This AD results from fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent an ignition 

source inside the fuel tank that could ignite 

fuel vapor and cause a fuel tank explosion 

and 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. 

Tube Replacement 

(f) Within 5,000 flight hours or 48 months 

after the effective date of this AD, whichever 

occurs first, replace the metallic tubes 

enclosing the vent and pilot valve wires in 

the left- and right-hand wing fuel tanks with 

new, improved, non-conductive hoses, in 

accordance with the Accomplishment 

Instructions of the service bulletin specified 

in paragraph (f)(1) or (f)(2) of this AD, as 

applicable. 

(1) For Model EMB–135ER, –135KE, 

–135KL, –135LR, –145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP 

airplanes: EMBRAER Service Bulletin 145–

28–0023, Revision 07, dated February 7, 

2007. 

(2) For Model EMB–135BJ airplanes: 

EMBRAER Service Bulletin 145LEG–28–

0018, Revision 01, dated April 20, 2005. 

Credit for Actions Done Using Previous 

Service Information 

(g) Actions accomplished before the 

effective date of this AD in accordance with 

the service information specified in Table 1 

of this AD are considered acceptable for 

compliance with the corresponding actions 

specified in this AD. 

TABLE 1.—ACCEPTABLE EMBRAER SERVICE INFORMATION

Service bulletin Revision level Date 

145–28–0023 .......................................................................... Original ................................................................................... April 19, 2004. 

145–28–0023 .......................................................................... 01 ............................................................................................ June 9, 2004. 

145–28–0023 .......................................................................... 02 ............................................................................................ November 8, 2004. 

145–28–0023 .......................................................................... 03 ............................................................................................ April 27, 2005. 

145–28–0023 .......................................................................... 04 ............................................................................................ November 7, 2005. 

145–28–0023 .......................................................................... 05 ............................................................................................ May 15, 2006. 

145–28–0023 .......................................................................... 06 ............................................................................................ October 31, 2006. 

145LEG–28–0018 ................................................................... Original ................................................................................... April 23, 2004. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, ANM–116, 

International Branch, 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 

(i) Brazilian airworthiness directive 2006–

06–02, effective June 28, 2006, also addresses 

the subject of this AD. 

Issued in Renton, Washington, on March 

23, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–5911 Filed 3–29–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2007–27594; Airspace 

Docket 07–ASO–3] 

Proposed Establishment of Class D 

and E Airspace; Aguadilla, PR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 


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