[Federal Register Volume 72, Number 65 (Thursday, April 5, 2007)]
[Rules and Regulations]
[Pages 16701-16703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6230]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26685; Directorate Identifier 2006-NM-200-AD; 
Amendment 39-15015; AD 2007-07-14]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ 
airplanes. This AD requires modifying the forward and aft auxiliary 
fuel tanks. This AD results from a fuel system reassessment according 
to SFAR 88 criteria, which revealed the possibility of sparks due to 
chafing between the harnesses of the forward and aft auxiliary fuel 
tanks, between certain harnesses attached to the aircraft structure, or 
between certain harnesses attached to certain mechanical components. We 
are issuing this AD to prevent a potential ignition source inside a 
fuel tank, which, in combination with flammable fuel vapors, could 
result in a fuel tank explosion.

DATES: This AD becomes effective May 10, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 10, 2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 
343--CEP 12.225, Sao Jose dos Campos-SP, Brazil, for service 
information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to all Empresa Brasileira 
de Aeronautica S.A. (EMBRAER) Model EMB-135BJ airplanes. That NPRM was 
published in the Federal Register on December 27, 2006 (71 FR 77629). 
That NPRM proposed to require modifying the forward and aft auxiliary 
fuel tanks.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Change Applicability

    Embraer states that the applicability in paragraph (c) of the NPRM 
specifies the following: ``This AD applies to all EMBRAER Model EMB-
135BJ airplanes, certificated in any category.'' Embraer's position is 
that the applicability statement would be better as follows: ``This AD 
applies to all EMBRAER Model EMB-135BJ airplanes, certificated in any 
category, as listed in Embraer Service Bulletin 145LEG-28-0022, 
original issue, dated February 17, 2005.''
    We agree with Embraer. We have determined that changing the 
applicability of the AD as the

[[Page 16702]]

commenter recommended would reduce the number of airplanes to specify 
only those that are affected by the AD requirements; we find that all 
Model EMB-135BJ airplanes are not affected. Therefore, we have changed 
paragraph (c) of this AD as follows: ``This AD applies to EMBRAER Model 
EMB-135BJ airplanes, certificated in any category; as identified in 
Embraer Service Bulletin 145LEG-28-0022, dated February 17, 2005.''

Request To Change Unsafe Condition

    Embraer states that paragraph (d) of the NPRM describes the unsafe 
condition as follows: ``This AD results from a report of sparks due to 
chafing between the harnesses of the forward and aft auxiliary fuel 
tanks, between certain harnesses attached to the aircraft structure, or 
between certain harnesses attached to certain mechanical components. We 
are issuing this AD to prevent a potential ignition source inside a 
fuel tank, which, in combination with flammable fuel vapors, could 
result in a fuel tank explosion.'' Embraer would like to clarify that 
no reports of sparks due to chafing between the harnesses of the 
forward and aft auxiliary fuel tanks were found in the field. 
Therefore, Embraer suggests that the FAA rewrite the unsafe condition 
as follows: ``This AD results from a fuel system reassessment according 
to SFAR 88 criteria, it has been found the possibility of sparks due to 
chafing between the harnesses of the forward and aft auxiliary fuel 
tanks, between certain harnesses attached to the aircraft structure, or 
between certain harnesses attached to certain mechanical components. We 
are issuing this AD to prevent a potential ignition source inside a 
fuel tank, which, in combination with flammable fuel vapors, could 
result in a fuel tank explosion.''
    We agree to rewrite certain language regarding the unsafe condition 
for the reason provided by Embraer; however, the language Embraer wants 
changed is not the unsafe condition, it is actually the reason that the 
unsafe condition occurred. We have changed the reason in the Summary 
section and paragraph (d) of this AD; in addition, we have clarified 
the language the commenter provided above as follows: ``This AD results 
from a fuel system reassessment according to SFAR 88 criteria, which 
revealed the possibility of sparks due to chafing between the harnesses 
of the forward and aft auxiliary fuel tanks, between certain harnesses 
attached to the aircraft structure, or between certain harnesses 
attached to certain mechanical components.''

Request for Clarification

    Embraer notes that paragraph (f)(1) of the NPRM states: ``Modify 
the forward auxiliary fuel tanks.'' Embraer would like to clarify that 
there are two forward auxiliary fuel tanks on the left and right sides. 
Embraer states that paragraph (f)(1) should be changed for 
clarification, as follows: ``Modify the forward auxiliary fuel tanks on 
the left and right sides.'' We agree with Embraer for the reason 
provided and have changed paragraph (f)(1) accordingly.

Request To Refer to Revision 1 of Brazilian Airworthiness Directive 
2006-07-03

    Embraer notes that the Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil, which is the airworthiness authority for 
Brazil, has issued Brazilian airworthiness directive 2006-07-03R1, 
effective January 4, 2007. We infer that Embraer is asking that we 
refer to the revised Brazilian airworthiness directive in the AD. 
Revision 1 corrects the part numbers of some bonding jumpers, support 
assemblies, and transfer line tubes. We agree with Embraer and have 
revised paragraph (h) of this AD to refer to Revision 1 of the 
Brazilian airworthiness directive.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the changes described previously. 
These changes will neither increase the economic burden on any operator 
nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 27 airplanes of U.S. registry. The 
modifications take about 20 work hours per airplane, at an average 
labor rate of $80 per work hour. Required parts cost $2,200 per 
airplane. Based on these figures, the estimated cost of the 
modifications for U.S. operators is $102,600, or $3,800 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2007-07-14 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15015. Docket No. FAA-2006-26685; Directorate 
Identifier 2006-NM-200-AD.

[[Page 16703]]

Effective Date

    (a) This AD becomes effective May 10, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ airplanes, 
certificated in any category; as identified in Embraer Service 
Bulletin 145LEG-28-0022, dated February 17, 2005.

Unsafe Condition

    (d) This AD results from a fuel system reassessment according to 
SFAR 88 criteria, which revealed the possibility of sparks due to 
chafing between the harnesses of the forward and aft auxiliary fuel 
tanks, between certain harnesses attached to the aircraft structure, 
or between certain harnesses attached to certain mechanical 
components. We are issuing this AD to prevent a potential ignition 
source inside a fuel tank, which, in combination with flammable fuel 
vapors, could result in a fuel tank 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.

Modifications

    (f) Within 5,000 flight hours after the effective date of this 
AD: Accomplish the modifications specified in paragraphs (f)(1) and 
(f)(2) of this AD by doing all the applicable actions in accordance 
with the Accomplishment Instructions of EMBRAER Service Bulletin 
145LEG-28-0022, dated February 17, 2005.
    (1) Modify the forward auxiliary fuel tanks on the left and 
right sides.
    (2) Modify the aft auxiliary fuel tanks on the left and right 
sides.

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 2006-07-03R1, effective 
January 4, 2007, also addresses the subject of this AD.

Material Incorporated by Reference

    (i) You must use EMBRAER Service Bulletin 145LEG-28-0022, dated 
February 17, 2005, to perform the actions that are required by this 
AD, unless the AD specifies otherwise. The Director of the Federal 
Register approved the incorporation by reference of this document in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Empresa 
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, 
Sao Jose dos Campos--SP, Brazil, for a copy of this service 
information. You may review copies at the 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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 27, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-6230 Filed 4-4-07; 8:45 am]
BILLING CODE 4910-13-P