

[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Rules and Regulations]               
[Page 58502-58504]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc07-9]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28909; Directorate Identifier 2007-NM-135-AD; 
Amendment 39-15230; AD 2007-21-12]
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.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    It has been found cases in which some wiring harnesses were not 
protected in accordance with SFAR-88 (Special Federal Aviation 
Regulation No. 88) requirements.

    The potential of ignition sources, in combination with flammable 
fuel vapors, could result in fuel tank explosions and consequent loss 
of the airplane. We are issuing this AD to require actions to correct 
the unsafe condition on these products.

DATES: This AD becomes effective November 20, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 20, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov
 or in person at the U.S. Department of 

Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on August 8, 2007 (72 
FR 44435). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found cases in which some wiring harnesses were not 
protected in accordance with SFAR-88 (Special Federal Aviation 
Regulation No. 88) requirements.

    The potential of ignition sources, in combination with flammable 
fuel vapors, could result in fuel tank explosions and consequent loss 
of the airplane. The corrective action includes installing heat 
shrinkable sleeves on the inspection and refueling panel illumination 
lights wiring, and installing nipples on the terminal lugs to protect 
the wire terminals. You may obtain further information by examining the 
MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the

[[Page 58503]]

public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 8 products of U.S. 
registry. We also estimate that it will take about 6 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Required parts will cost about $32 per 
product. Where the service information lists required parts costs that 
are covered under warranty, we have assumed that there will be no 
charge for these parts. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of this AD to the 
U.S. operators to be $4,096, or $512 per product.

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 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 this AD:
    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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office 

between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

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 FAA amends Sec.  39.13 by adding the following new AD:

2007-21-12 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15230. Docket No. FAA-2007-28909; Directorate 
Identifier 2007-NM-135-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
20, 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-28-0016, Revision 01, dated June 27, 2005.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    It has been found cases in which some wiring harnesses were not 
protected in accordance with SFAR-88 (Special Federal Aviation 
Regulation No. 88) requirements.
    The potential of ignition sources, in combination with flammable 
fuel vapors, could result in fuel tank explosions and consequent 
loss of the airplane. The corrective action includes installing heat 
shrinkable sleeves on the inspection and refueling panel 
illumination lights wiring, and installing nipples on the terminal 
lugs to protect the wire terminals.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 5,000 flight hours after the effective date of this 
AD, install heat shrinkable sleeves on the inspection and refueling 
panel illumination lights wiring, and install nipples on the 
terminal lugs to protect the wire terminals, in accordance with the 
detailed instructions and procedures in EMBRAER Service Bulletin 
145LEG-28-0016, Revision 01, dated June 27, 2005.
    (2) Actions done before the effective date of this AD in 
accordance with EMBRAER Service Bulletin 145LEG-28-0016, dated March 
8, 2004, are acceptable for compliance with the corresponding 
actions of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: 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. Before 
using any approved AMOC on any airplane to which the AMOC applies, 
notify your appropriate principal inspector (PI) in the

[[Page 58504]]

FAA Flight Standards District Office (FSDO), or lacking a PI, your 
local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directive 2006-07-02, 
effective August 21, 2006, and EMBRAER Service Bulletin 145LEG-28-
0016, Revision 01, dated June 27, 2005, for related information.

Material Incorporated by Reference

    (i) You must use EMBRAER Service Bulletin 145LEG-28-0016, 
Revision 01, dated June 27, 2005, to do the actions required by this 
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 
12.225, Sa~o Jose dos Campos--SP, Brazil.
    (3) 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 October 5, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-20222 Filed 10-15-07; 8:45 am]

BILLING CODE 4910-13-P
