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 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 theAD. 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 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 increasethe 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
Parts
Cost per airplane
Number of U.S.-registered airplanes
Fleet cost
Replacement of bonding clamp (all airplane groups)
2
$80
Between $33 and $87, per kit (depending on kit/airplane group)
Between $193 and $247 (depending on kit/airplane group)
20
Between $3,860 and $4,940 (depending on 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
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 newairworthiness directive (AD):