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Inspect at intervals not to exceed the interval by paragraph (u) of this AD; or other data Notice of proposed rulemaking
ACTION:
specified for each SSI, in accordance with the meeting the certification basis of the airplane (NPRM).
values given in Section 7, ‘‘SSI Limitation which is approved by the Manager,
List,’’ of the SSID or Revision 2 of the SSID, International Branch, ANM–116; or by the SUMMARY: The FAA proposes to adopt a
as applicable. European Aviation Safety Agency (EASA) (or new airworthiness directive (AD) for
(q) For all airplanes: All inspection results, its delegated agent).
certain EMBRAER Model ERJ 170
positive or negative, must be reported to (u) Where Issue 3 of the ALI specifies
Airbus in accordance with either paragraph contacting Airbus for appropriate action: airplanes. This proposed AD would
(q)(1) or (q)(2) of this AD, as applicable. Before further flight, repair the damaged, require replacement of certain electrical
Information collection requirements cracked, or corroded structure using a bonding clamps and attaching hardware
contained in this regulation have been method approved by either the Manager, with new or serviceable parts, as
approved by the Office of Management and International Branch, ANM–116; or the applicable, and other specified action.
Budget (OMB) under the provisions of the EASA (or its delegated agent). This proposed AD results from failure of
Paperwork Reduction Act of 1980 (44 U.S.C. No Fleet Sampling an electrical bonding clamp, used to
3501 et seq.) and have been assigned OMB attach the electrical bonding straps to
Control Number 2120–0056. (v) Although Issue 3 of the ALI specifies to
(1) For FLP airplanes, identified in Section do a ‘‘Sampling Concept’’ in section B, this the fuel system lines. We are proposing
5, ‘‘Fleet Leader Program,’’ of the SSID or AD prohibits the use of such a sampling this AD to prevent loss of bonding
Revision 2 of the SSID: Submit reports in program and requires all affected airplanes of protection in the interior of the fuel
accordance with the instructions in the fleet to be inspected. tanks or adjacent areas that, in
paragraph 5.2, ‘‘SSIP Inspection Reporting,’’ No Reporting combination with lightning strike, could
of Section 5, and paragraph 7.1, ‘‘General,’’ result in a fuel tank explosion and
of Section 7 of the SSID (for airplanes that (w) Although Issue 3 of the ALI specifies
to submit certain information to the consequent loss of the airplane.
are currently being inspected in accordance
with paragraph (f) of this AD); or Revision 2 manufacturer, this AD does not include that DATES: We must receive comments on
of the SSID (for airplanes inspected in requirement. this proposed AD by October 26, 2006.
accordance with paragraph (g) of this AD). Alternative Methods of Compliance ADDRESSES: Use one of the following
(2) For all airplanes that are subject to (AMOCs) addresses to submit comments on this
Section 6, ‘‘SB Reference List,’’ of the SSID: proposed AD.
(x)(1) The Manager, International Branch,
Submit reports in accordance with the • DOT Docket Web site: Go to http://
ANM–116 has the authority to approve
instructions in the applicable service
bulletins identified in Section 6 of the SSID
AMOCs for this AD, if requested in dms.dot.gov and follow the instructions
accordance with the procedures found in 14 for sending your comments
(for airplanes that are currently being
CFR 39.19. electronically.
inspected in accordance with paragraph (f) of
(2) Before using any AMOC approved in • Government-wide rulemaking Web
this AD); or Revision 2 of the SSID (for
accordance with § 39.19 on any airplane to
airplanes that are currently being inspected site: Go to http://www.regulations.gov
which the AMOC applies, notify the
in accordance with paragraph (g) of this AD). and follow the instructions for sending
appropriate principal inspector in the FAA
New Requirements of This AD Flight Standards Certificate Holding District your comments electronically.
Office. • Mail: Docket Management Facility,
Revision of the FAA-Approved Maintenance (3) AMOCs approved previously in U.S. Department of Transportation, 400
Inspection Program accordance with AD 96–13–11 are approved Seventh Street, SW., Nassif Building,
(r) Within 12 months after the effective as AMOCs for the corresponding provisions room PL–401, Washington, DC 20590.
date of this AD, replace the revision of the of paragraphs (f) through (q) of this AD. • Fax: (202) 493–2251.
FAA-approved maintenance program • Hand Delivery: Room PL–401 on
required by paragraph (g) of this AD with the Related Information
supplemental structural inspections, (y) The EASA airworthiness directive the plaza level of the Nassif Building,
inspection intervals, and repairs defined in 2006–0071, dated March 30, 2006, also 400 Seventh Street, SW., Washington,
Airbus A300 Airworthiness Limitation Items addresses the subject of this AD. DC, between 9 a.m. and 5 p.m., Monday
(ALI) Document SEM2/95A.1090/05, Issue 3, Issued in Renton, Washington, on through Friday, except Federal holidays.
dated September 2005, as revised by Airbus September 14, 2006. Contact Empresa Brasileira de
Temporary Revision (TR) 3.1, dated April Aeronautica S.A. (EMBRAER), P.O. Box
2006 (hereafter referred to as ‘‘Issue 3 of the Kalene C. Yanamura,
343—CEP 12.225, Sao Jose dos
ALI’’). Accomplish the actions specified in Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service. Campos—SP, Brazil, for service
Issue 3 of the ALI at the times specified in
information identified in this proposed
that ALI, except as provided by paragraph (s) [FR Doc. 06–8224 Filed 9–25–06; 8:45 am]
of this AD. The actions must be AD.
BILLING CODE 4910–13–P
accomplished in accordance with Issue 3 of FOR FURTHER INFORMATION CONTACT:
the ALI. Accomplishing the applicable initial Todd Thompson, Aerospace Engineer,
ALI tasks constitutes terminating action for DEPARTMENT OF TRANSPORTATION International Branch, ANM–116, FAA,
the requirements of paragraphs (f) through (q) Transport Airplane Directorate, 1601
of this AD. Federal Aviation Administration Lind Avenue, SW., Renton, Washington
(s) For airplanes that have exceeded the
98057–3356; telephone (425) 227–1175;
threshold or intervals specified in Issue 3 of
the ALI for the application tolerance on the 14 CFR Part 39 fax (425) 227–1149.
first interval for new and revised [Docket No. FAA–2006–25889; Directorate SUPPLEMENTARY INFORMATION:
requirements and have exceeded 50 percent Identifier 2006–NM–168–AD]
of the intervals specified in sections D and Comments Invited
E of Issue 3 of the ALI: Do the actions within RIN 2120–AA64 We invite you to submit any relevant
6 months after the effective date of this AD. written data, views, or arguments
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Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Proposed Rules 56063
specifically invite comments on the describes procedures for replacing all the Administrator finds necessary for
overall regulatory, economic, electrical bonding clamps having part safety in air commerce. This regulation
environmental, and energy aspects of number AN735D4 or AN735D6 with is within the scope of that authority
the proposed AD. We will consider all new parts and accomplishing the other because it addresses an unsafe condition
comments received by the closing date specified action. The other specified that is likely to exist or develop on
and may amend the proposed AD in action is an electrical bonding test of the products identified in this rulemaking
light of those comments. reconnected strap. Accomplishing the action.
We will post all comments we actions specified in the service
receive, without change, to http:// Regulatory Findings
information is intended to adequately
dms.dot.gov, including any personal address the unsafe condition. The We have determined that this
information you provide. We will also ANAC mandated the service proposed AD would not have federalism
post a report summarizing each information and issued Brazilian implications under Executive Order
substantive verbal contact with FAA airworthiness directive 2006–06–03, 13132. This proposed AD would not
personnel concerning this proposed AD. effective July 7, 2006, to ensure the have a substantial direct effect on the
Using the search function of that Web continued airworthiness of these States, on the relationship between the
site, anyone can find and read the airplanes in Brazil. national Government and the States, or
comments in any of our dockets, on the distribution of power and
including the name of the individual FAA’s Determination and Requirements responsibilities among the various
who sent the comment (or signed the of the Proposed AD levels of government.
comment on behalf of an association, This airplane model is manufactured For the reasons discussed above, I
business, labor union, etc.). You may in Brazil and is type certificated for certify that the proposed regulation:
review the DOT’s complete Privacy Act operation in the United States under the 1. Is not a ‘‘significant regulatory
Statement in the Federal Register provisions of section 21.29 of the action’’ under Executive Order 12866;
published on April 11, 2000 (65 FR Federal Aviation Regulations (14 CFR 2. Is not a ‘‘significant rule’’ under the
19477–78), or you may visit http:// 21.29) and the applicable bilateral DOT Regulatory Policies and Procedures
dms.dot.gov. airworthiness agreement. Pursuant to (44 FR 11034, February 26, 1979); and
this bilateral airworthiness agreement, 3. Will not have a significant
Examining the Docket economic impact, positive or negative,
the ANAC has kept the FAA informed
You may examine the AD docket on of the situation described above. We on a substantial number of small entities
the Internet at http://dms.dot.gov, or in have examined the ANAC’s findings, under the criteria of the Regulatory
person at the Docket Management evaluated all pertinent information, and Flexibility Act.
Facility office between 9 a.m. and 5 determined that we need to issue an AD We prepared a regulatory evaluation
p.m., Monday through Friday, except for airplanes of this type design that are of the estimated costs to comply with
Federal holidays. The Docket certificated for operation in the United this proposed AD and placed it in the
Management Facility office (telephone States. AD docket. See the ADDRESSES section
(800) 647–5227) is located on the plaza Therefore, we are proposing this AD, for a location to examine the regulatory
level of the Nassif Building at the DOT which would require accomplishing the evaluation.
street address stated in the ADDRESSES actions specified in the service List of Subjects in 14 CFR Part 39
section. Comments will be available in information described previously.
the AD docket shortly after the Docket Air transportation, Aircraft, Aviation
Management System receives them. Costs of Compliance safety, Safety.
This proposed AD would affect about The Proposed Amendment
Discussion 68 airplanes of U.S. registry. The
The Agência Nacional de Aviação Accordingly, under the authority
proposed actions would take about 1
Civil (ANAC), which is the delegated to me by the Administrator,
work hour per airplane, at an average
airworthiness authority for Brazil, the FAA proposes to amend 14 CFR part
labor rate of $80 per work hour.
notified us that an unsafe condition may 39 as follows:
Required parts would cost about $41 per
exist on certain EMBRAER Model ERJ airplane. Based on these figures, the PART 39—AIRWORTHINESS
170 airplanes. The ANAC advises that estimated cost of the proposed AD for DIRECTIVES
an electrical bonding clamp, used to U.S. operators is $8,228, or $121 per
attach the electrical bonding straps to airplane. 1. The authority citation for part 39
the fuel system lines, failed in one continues to read as follows:
instance. Investigation revealed that a Authority for This Rulemaking
Authority: 49 U.S.C. 106(g), 40113, 44701.
batch of electrical bonding clamps was Title 49 of the United States Code
manufactured with the incorrect specifies the FAA’s authority to issue § 39.13 [Amended]
material. These discrepant clamps were rules on aviation safety. Subtitle I, 2. The Federal Aviation
installed on several airplanes, which Section 106, describes the authority of Administration (FAA) amends § 39.13
may lead to loss of bonding protection the FAA Administrator. Subtitle VII, by adding the following new
in the interior of the fuel tanks or Aviation Programs, describes in more airworthiness directive (AD):
adjacent areas. In combination with detail the scope of the Agency’s Empresa Brasileira De Aeronautica S.A.
lightning strike, this condition, if not authority. (EMBRAER): Docket No. FAA–2006–
corrected, could result in a fuel tank We are issuing this rulemaking under 25889; Directorate Identifier 2006–NM–
explosion and consequent loss of the the authority described in Subtitle VII, 168–AD.
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56064 Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Proposed Rules
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