Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ Airplanes, 49173-49175 [E7-16427]
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Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Rules and Regulations
List of Subjects in 14 CFR Part 39
Other FAA AD Provisions
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Staff,
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: Karl Schletzbaum, Aerospace
Engineer, FAA, Small Airplane Directorate,
901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329–4146; fax: (816)
329–4090. Before using any approved AMOC
on any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the 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
(44 U.S.C. 3501 et. seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
2007–17–20 Pacific Aerospace Limited:
Amendment 39–15178; Docket No.
FAA–2007–28436; Directorate Identifier
2007–CE–055–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective October 2, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to 750XL airplanes,
serial numbers 101, 102, 104 through 120,
and 122 through 129, certificated in any
category.
Related Information
Subject
(d) Air Transport Association of America
(ATA) Code 27: Flight Controls.
pwalker on PROD1PC71 with NOTICES
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
To prevent cracks developing in the aileron
spar adjacent to the inboard hinge attachment
accomplish the following:
Remove both ailerons, inspect and modify
the aileron spar at the inboard hinge
attachment point in accordance with Pacific
Aerospace Ltd Service Bulletin PACSB/XL/
027.
Actions and Compliance
(f) Unless already done, within the next 6
months after October 2, 2007 (the effective
date of this AD) or within the next 150 hours
time-in-service after October 2, 2007 (the
effective date of this AD), whichever occurs
first, rework the left and right ailerons in
accordance with Pacific Aerospace Ltd
drawing number 11–03141/42, drawn March
26, 2007, as specified in Pacific Aerospace
Limited Mandatory Service Bulletin PACSB/
XL/027, dated March 27, 2007.
FAA AD Differences
Note: This AD differs from the MCAI and/
or service information as follows: No
differences.
VerDate Aug<31>2005
16:51 Aug 27, 2007
Jkt 211001
(h) Refer to MCAI Civil Aviation Authority
of New Zealand AD DCA/750XL/13, effective
date April 26, 2007; Pacific Aerospace
Limited Mandatory Service Bulletin PACSB/
XL/027, dated March 27, 2007; and Pacific
Aerospace Ltd drawing number 11–03141/42,
drawn March 26, 2007, for related
information.
Material Incorporated by Reference
(i) You must use Pacific Aerospace Limited
Mandatory Service Bulletin PACSB/XL/027,
dated March 27, 2007; and Pacific Aerospace
Ltd drawing number 11–03141/42, drawn
March 26, 2007, 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 Pacific Aerospace Limited,
Private Bag HN3027, Hamilton, New
Zealand, telephone: +(64) 7–843–6144, fax:
+(64) 7–843–6134, e-mail:
pacific@aerospace.co.nz.
(3) You may review copies at the FAA,
Central Region, Office of the Regional
Counsel, 901 Locust, Room 506, Kansas City,
Missouri 64106; 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: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
PO 00000
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49173
Issued in Kansas City, Missouri, on August
16, 2007.
Terry L. Chasteen,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–16652 Filed 8–27–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–28158; Directorate
Identifier 2007–NM–018–AD; Amendment
39–15168; AD 2007–17–10]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135BJ
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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 the drain
mast of the water and waste system does not
meet the SFAR–88 (Special Federal Aviation
Regulation No. 88) requirements. In case of
fuel leakage or fuel vapor release, the
proximity of this mast with the fuel tank may
cause fuel ignition, leading to a possible tank
explosion.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
October 2, 2007.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 2, 2007.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.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:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
E:\FR\FM\28AUR1.SGM
28AUR1
49174
Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Rules and Regulations
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–1175;
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 May 16, 2007 (72 FR 27491).
That NPRM proposed to correct an
unsafe condition for the specified
products. The MCAI states:
It has been found cases in which the drain
mast of the water and waste system does not
meet the SFAR–88 (Special Federal Aviation
Regulation No. 88) requirements. In case of
fuel leakage or fuel vapor release, the
proximity of this mast with the fuel tank may
cause fuel ignition, leading to a possible tank
explosion.
The MCAI requires replacement of the
water and waste system drain masts by
new ones bearing a new part number (P/
N). 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
considered the comment received.
pwalker on PROD1PC71 with NOTICES
Request To Revise Applicability
Statement
The airplane manufacturer,
EMBRAER, requests that we change the
proposed applicability statement from
‘‘This AD applies to EMBRAER Model
EMB–135BJ airplanes, certificated in
any category; except those that have
previously accomplished EMBRAER
Service Bulletin 145LEG–38–0015 or
145LEG–38–0020’’ to ‘‘This AD applies
to EMBRAER Model EMB–135BJ
airplanes, certificated in any category as
listed in Embraer Service Bulletin
145LEG–38–0013, original issue, dated
24/Mar/2006; except those that have
previously accomplished EMBRAER
Service Bulletin 145LEG–38–0015 or
145LEG–38–0020.’’ We infer that the
manufacturer wants us to restrict our
applicability statement to those
airplanes with an affected drain mast
installed.
We agree to revise the applicability
statement of this AD. The service
bulletin identifies only those airplanes
that have an affected drain mast
installed. We have revised paragraph (c)
of this AD to clarify which airplanes are
affected by this AD. We have
ˆ
coordinated this change with Agencia
Nacional de Aviacao Civil (ANAC).
¸˜
VerDate Aug<31>2005
16:51 Aug 27, 2007
Jkt 211001
Conclusion
We reviewed the available data,
including the comment received, and
determined that air safety and the
public interest require adopting the AD
with the change described previously.
We determined that this change will not
increase the economic burden on any
operator or increase the scope of the AD.
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
41 products of U.S. registry. We also
estimate that it will take about 20 workhours 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 $9,633
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
$460,553, or $11,233 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
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
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 https://dms.dot.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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
2007–17–10 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
E:\FR\FM\28AUR1.SGM
28AUR1
Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Rules and Regulations
Amendment 39–15168. Docket No.
FAA–2007–28158; Directorate Identifier
2007–NM–018–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective October 2, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model
EMB–135BJ airplanes, as identified in
EMBRAER Service Bulletin 145LEG–38–
0013, dated March 24, 2006, certificated in
any category; except those that have
previously accomplished EMBRAER Service
Bulletin 145LEG–38–0015 or 145LEG–38–
0020.
Subject
(d) Air Transport Association (ATA) of
America Code 38: Water/Waste.
The MCAI requires replacement of the water
and waste system drain masts by new ones
bearing a new part number (P/N).
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 5,000 flight hours or 4 years
after the effective date of this AD, whichever
occurs first, replace the water and waste
system drain masts with P/N 9402.369.00674
by new ones bearing a P/N 9402.369.00675,
according to the detailed instructions and
procedures described in EMBRAER Service
Bulletin 145LEG–38–0013, dated March 24,
2006.
(2) The accomplishment of the detailed
instructions and procedures described in
EMBRAER Service Bulletin 145LEG–38–
0015, dated November 25, 2005; or 145LEG–
38–0020, dated February 3, 2006; are
acceptable for compliance with the
requirements of this AD.
FAA AD Differences
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
It has been found cases in which the drain
mast of the water and waste system does not
meet the SFAR–88 (Special Federal Aviation
Regulation No. 88) requirements. In case of
fuel leakage or fuel vapor release, the
proximity of this mast with the fuel tank may
cause fuel ignition, leading to a possible tank
explosion.
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
49175
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Send information to ATTN: Todd Thompson,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1175; 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
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 2007–01–04, effective January 29,
2007, and the service bulletins listed in Table
1 of this AD, for related information.
TABLE 1.—SOURCES OF RELATED INFORMATION
EMBRAER Service Bulletin—
Revision
level—
Dated—
145LEG–38–0005
145LEG–38–0013
145LEG–38–0015
145LEG–38–0020
02 ............
Original ....
Original ....
Original ....
November 20, 2003.
March 24, 2006.
November 25, 2005.
February 3, 2006.
..............................................................................................................................................
..............................................................................................................................................
..............................................................................................................................................
..............................................................................................................................................
pwalker on PROD1PC71 with NOTICES
Material Incorporated by Reference
(i) You must use EMBRAER Service
Bulletin 145LEG–38–0013, dated March 24,
2006; and EMBRAER Service Bulletin
145LEG–38–0005, Revision 02, dated
November 20, 2003; as applicable; 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, Sao 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: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
VerDate Aug<31>2005
16:51 Aug 27, 2007
Jkt 211001
Issued in Renton, Washington, on August
14, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E7–16427 Filed 8–27–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
ACTION:
Final rule.
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:
Airworthiness Directives; Airbus Model
A300 Series Airplanes
[T]he FAA has published SFAR 88 (Special
Federal Aviation Regulation 88). * * *
Under this regulation, all holders of type
certificates for passenger transport aircraft
* * * are required to conduct a design
review against explosion risks.
This Airworthiness Directive (AD), which
renders mandatory the modification of the
fuel pump wiring against short circuit, is a
consequence of this design review.
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
The unsafe condition is chafing of the
fuel pump cables, which could result in
short circuits leading to fuel pump
14 CFR Part 39
[Docket No. FAA–2007–28379; Directorate
Identifier 2007–NM–077–AD; Amendment
39–15182; AD 2007–18–02]
RIN 2120–AA64
AGENCY:
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E:\FR\FM\28AUR1.SGM
28AUR1
]]>Agencies
[Federal Register Volume 72, Number 166 (Tuesday, August 28, 2007)]
[Rules and Regulations]
[Pages 49173-49175]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16427]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28158; Directorate Identifier 2007-NM-018-AD;
Amendment 39-15168; AD 2007-17-10]
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: 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 the drain mast of the water and
waste system does not meet the SFAR-88 (Special Federal Aviation
Regulation No. 88) requirements. In case of fuel leakage or fuel
vapor release, the proximity of this mast with the fuel tank may
cause fuel ignition, leading to a possible tank explosion.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective October 2, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 2,
2007.
ADDRESSES: You may examine the AD docket on the Internet at https://
dms.dot.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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601
[[Page 49174]]
Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-
1175; 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 May 16, 2007 (72 FR
27491). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
It has been found cases in which the drain mast of the water and
waste system does not meet the SFAR-88 (Special Federal Aviation
Regulation No. 88) requirements. In case of fuel leakage or fuel
vapor release, the proximity of this mast with the fuel tank may
cause fuel ignition, leading to a possible tank explosion.
The MCAI requires replacement of the water and waste system drain masts
by new ones bearing a new part number (P/N). 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 considered the comment received.
Request To Revise Applicability Statement
The airplane manufacturer, EMBRAER, requests that we change the
proposed applicability statement from ``This AD applies to EMBRAER
Model EMB-135BJ airplanes, certificated in any category; except those
that have previously accomplished EMBRAER Service Bulletin 145LEG-38-
0015 or 145LEG-38-0020'' to ``This AD applies to EMBRAER Model EMB-
135BJ airplanes, certificated in any category as listed in Embraer
Service Bulletin 145LEG-38-0013, original issue, dated 24/Mar/2006;
except those that have previously accomplished EMBRAER Service Bulletin
145LEG-38-0015 or 145LEG-38-0020.'' We infer that the manufacturer
wants us to restrict our applicability statement to those airplanes
with an affected drain mast installed.
We agree to revise the applicability statement of this AD. The
service bulletin identifies only those airplanes that have an affected
drain mast installed. We have revised paragraph (c) of this AD to
clarify which airplanes are affected by this AD. We have coordinated
this change with Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(ANAC).
Conclusion
We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the change described previously. We determined that this change
will not increase the economic burden on any operator or increase the
scope of the AD.
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 41 products of U.S. registry.
We also estimate that it will take about 20 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 $9,633 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 $460,553, or $11,233 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 https://
dms.dot.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:
2007-17-10 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
[[Page 49175]]
Amendment 39-15168. Docket No. FAA-2007-28158; Directorate
Identifier 2007-NM-018-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective October
2, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-135BJ airplanes, as
identified in EMBRAER Service Bulletin 145LEG-38-0013, dated March
24, 2006, certificated in any category; except those that have
previously accomplished EMBRAER Service Bulletin 145LEG-38-0015 or
145LEG-38-0020.
Subject
(d) Air Transport Association (ATA) of America Code 38: Water/
Waste.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been found cases in which the drain mast of the water and
waste system does not meet the SFAR-88 (Special Federal Aviation
Regulation No. 88) requirements. In case of fuel leakage or fuel
vapor release, the proximity of this mast with the fuel tank may
cause fuel ignition, leading to a possible tank explosion.
The MCAI requires replacement of the water and waste system drain
masts by new ones bearing a new part number (P/N).
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 5,000 flight hours or 4 years after the effective
date of this AD, whichever occurs first, replace the water and waste
system drain masts with P/N 9402.369.00674 by new ones bearing a P/N
9402.369.00675, according to the detailed instructions and
procedures described in EMBRAER Service Bulletin 145LEG-38-0013,
dated March 24, 2006.
(2) The accomplishment of the detailed instructions and
procedures described in EMBRAER Service Bulletin 145LEG-38-0015,
dated November 25, 2005; or 145LEG-38-0020, dated February 3, 2006;
are acceptable for compliance with the requirements 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: Todd
Thompson, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-1175; 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 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 2007-01-04,
effective January 29, 2007, and the service bulletins listed in
Table 1 of this AD, for related information.
Table 1.--Sources of Related Information
------------------------------------------------------------------------
Revision
EMBRAER Service Bulletin-- level-- Dated--
------------------------------------------------------------------------
145LEG-38-0005............... 02........... November 20, 2003.
145LEG-38-0013............... Original..... March 24, 2006.
145LEG-38-0015............... Original..... November 25, 2005.
145LEG-38-0020............... Original..... February 3, 2006.
------------------------------------------------------------------------
Material Incorporated by Reference
(i) You must use EMBRAER Service Bulletin 145LEG-38-0013, dated
March 24, 2006; and EMBRAER Service Bulletin 145LEG-38-0005,
Revision 02, dated November 20, 2003; as applicable; 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, Sao 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: https://www.archives.gov/federal-register/cfr/ibr-
locations.html.
Issued in Renton, Washington, on August 14, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-16427 Filed 8-27-07; 8:45 am]
BILLING CODE 4910-13-P
