Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ Airplanes, 25606-25609 [E8-10063]
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25606
Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Proposed Rules
required by paragraph (s) of this AD, and
repeat the inspection thereafter in accordance
with paragraph (m) of this AD.
(2) If the special one-time inspection was
done using the detailed inspection method in
accordance with paragraph (s) of this AD,
perform the next inspection required by
paragraph (m) of this AD within the next 500
flight cycles after doing the inspection
required by paragraph (s) of this AD, and
repeat the inspection thereafter in accordance
with paragraph (m) of this AD.
rwilkins on PROD1PC63 with PROPOSALS
Contacting the Manufacturer
(u) Where Boeing Alert Service Bulletin
747–53A2312, Revision 3, dated February 8,
2007, specifies to contact Boeing for
appropriate action for a repair or inspection,
before further flight, do the applicable action
in paragraph (u)(1) or (u)(2) of this AD.
(1) Do the repair using a method approved
in accordance with the procedures specified
in paragraph (v) of this AD.
(2) Do the inspection using a method
approved by the Manager, Seattle Aircraft
Certification Office (ACO), FAA. For a repair
method to be approved by the Manager,
Seattle ACO, as required by this paragraph,
the Manager’s approval letter must
specifically refer to this AD.
Alternative Methods of Compliance
(AMOCs)
(v)(1) The Manager, Seattle ACO, FAA, has
the authority to approve AMOCs for this AD,
if requested in accordance with the
procedures found in 14 CFR 39.19.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. 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.
(3) An AMOC that provides an acceptable
level of safety shall be used for any repair
required by this AD, if it is approved by an
Authorized Representative for the Boeing
Commercial Airplanes Delegation Option
Authorization Organization who has been
authorized by the Manager, Seattle ACO, to
make those findings. For a repair method to
be approved, the repair must meet the
certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) AMOCs approved previously in
accordance with AD 94–15–06 for airplane
line numbers 630 through 814 inclusive are
approved as AMOCs for the corresponding
provisions of this AD if the AMOC does not
involve using the existing sliding probe
HFEC skin inspection method specified in
Boeing Service Bulletin 747–53A2312,
Revision 2, dated October 8, 1992, or an
earlier version. In addition, the provisions of
paragraph (r) of this AD must be applied to
AMOCs approved previously in accordance
with AD 94–15–06, amendment 39–8977,
where applicable.
(5) AMOCs approved previously in
accordance with AD 94–15–06 for airplane
line numbers 201 through 629 inclusive are
approved as AMOCs for the corresponding
provisions of this AD. In addition, the
VerDate Aug<31>2005
18:18 May 06, 2008
Jkt 214001
provisions of paragraph (r) of this AD must
be applied to AMOCs approved previously in
accordance with AD 94–15–06, where
applicable.
Issued in Renton, Washington, on April 30,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–10060 Filed 5–6–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0194; Directorate
Identifier 2007–NM–263–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135BJ
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
AGENCY:
SUMMARY: We are revising an earlier
NPRM for the products listed above.
This action revises the earlier NPRM by
expanding the scope. This proposed 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:
Fuel system reassessment, performed
according to RBHA–E88/SFAR–88
(Regulamento Brasileiro de Homologacao
Aeronautica 88/Special Federal Aviation
Regulation No. 88), requires the inclusion of
new maintenance tasks in the Critical Design
Configuration Control Limitations (CDCCL)
and in the Fuel System Limitations (FSL),
necessary to preclude ignition sources in the
fuel system. * * *
The proposed AD would require actions
that are intended to address the unsafe
condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by May 27, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building, Ground Floor, Room
PO 00000
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W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building, Ground Floor, Room
W12–40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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 this proposed AD, 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.
FOR FURTHER INFORMATION CONTACT:
Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1405; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2008–0194; Directorate Identifier
2007–NM–263–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
We proposed to amend 14 CFR part
39 with an earlier NPRM for the
specified products, which was
published in the Federal Register on
February 21, 2008 (73 FR 9500). That
earlier NPRM proposed to require
actions intended to address the unsafe
condition for the products listed above.
Since that earlier NPRM was issued,
we have determined that for certain
airplanes the initial compliance times
E:\FR\FM\07MYP1.SGM
07MYP1
Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Proposed Rules
for doing the tasks specified in
paragraph (f)(2) of the earlier NPRM
must be reduced. That earlier NPRM
resulted from Brazilian Airworthiness
Directive 2007–08–01, dated September
27, 2007 (referred to after this as ‘‘the
MCAI’’).
The MCAI does not provide an initial
compliance time for doing the tasks. In
the earlier NPRM we proposed an initial
compliance time that started from the
effective date of the AD; or the date of
issuance of the original Brazilian
standard airworthiness certificate or the
date of issuance of the original Brazilian
export certificate of airworthiness;
whichever occurs later. Although
unstated in the MCAI, we have
determined that the intent of the MCAI
is for the initial compliance time to start
from the initial delivery date of the
airplane in order to address the
identified unsafe condition in a timely
manner. We have also revised the initial
compliance times for clarity by
providing a threshold and grace period
for each task. We have revised this
supplemental NPRM by adding Table 1
to specify the initial compliance times
for each task. You may obtain further
information by examining the MCAI in
the AD docket.
rwilkins on PROD1PC63 with PROPOSALS
Comments
We have considered the following
comments received on the earlier
NPRM.
18:18 May 06, 2008
Jkt 214001
The original NPRM specified that
about 37 airplanes would be affected by
that proposed action. We have
determined that about 49 airplanes
would be affected by this proposed
action, and have revised the Costs of
Compliance accordingly in this
supplemental NPRM.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Certain changes described above
expand the scope of the earlier NPRM.
As a result, we have determined that it
is necessary to reopen the comment
period to provide additional
opportunity for the public to comment
on this proposed AD.
Differences Between This AD and the
MCAI or Service Information
Request To Clarify Compliance Times
EMBRAER requests that we revise the
NPRM to enable operators to comply if
replacement parts are not immediately
available. EMBRAER states that
paragraph (section) A2.5.1 of Appendix
2 of the EMBRAER Legacy BJ
Maintenance Planning Guide (MPG)
MPG–1483, Revision 5, dated March 22,
2007, contains provisions to allow
operators to implement the required fuel
system limitation inspections in a more
timely manner. EMBRAER therefore
requests that we revise the NPRM to
include paragraph A2.5.1 of the MPG.
We do not agree with the request to
include MPG paragraph A2.5.1, which
describes deferring the first mandatory
inspections to the next ‘‘C’’ check (5,000
flight hours). However, as described
previously, we have revised paragraph
(f)(2) of the supplemental NPRM to
clarify the initial compliance times.
With these revised compliance times,
there should be sufficient spare parts. In
addition, if an operator decides that
more compliance time is needed, the
operator may request an alternative
method of compliance (AMOC) in
accordance with paragraph (g)(1) of the
supplemental NPRM.
VerDate Aug<31>2005
Clarification of Increased Costs
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 proposed
different actions in this AD from those
in the MCAI in order to follow FAA
policies. Any such differences are
highlighted in a Note within the
proposed AD.
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 49 products of U.S. registry.
We also estimate that it would take
about 1 work-hour per product to
comply with the basic requirements of
this AD. The average labor rate is $80
per work-hour. Based on these figures,
we estimate the cost of the proposed AD
on U.S. operators to be $3,920, or $80
per product.
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25607
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 proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would 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 proposed regulation:
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 proposed AD and placed it in the
AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 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.
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07MYP1
25608
§ 39.13
Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Proposed Rules
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Empresa Brasileira de Aeronautica S.A.
(Embraer): Docket No. FAA–2008–0194;
Directorate Identifier 2007–NM–263–AD.
Comments Due Date
(a) We must receive comments by May 27,
2008.
the areas addressed by these inspections, the
operator may not be able to accomplish the
inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c),
the operator must request approval for an
alternative method of compliance according
to paragraph (g) of this AD. The request
should include a description of changes to
the required inspections that will ensure the
continued operational safety of the airplane.
Affected ADs
(b) None.
Subject
(d) Air Transport Association (ATA) of
America Code 28: Fuel.
Applicability
(c) This AD applies to all EMBRAER Model
EMB–135BJ airplanes, certificated in any
category.
Note 1: This AD requires revisions to
certain operator maintenance documents to
include new inspections. Compliance with
these inspections is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired in
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
Fuel system reassessment, performed
according to RBHA–E88/SFAR–88, requires
the inclusion of new maintenance tasks in
the Critical Design Configuration Control
Limitations (CDCCL) and in the Fuel System
Limitations (FSL), necessary to preclude
ignition sources in the fuel system. * * *
The corrective action is revising the
Airworthiness Limitations Section (ALS) of
the Instructions for Continued Airworthiness
(ICA) to incorporate new limitations for fuel
tank systems.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) The term ‘‘MPG,’’ as used in this AD,
means the EMBRAER Legacy BJ Maintenance
Planning Guide (MPG) MPG–1483, Revision
5, dated March 22, 2007.
(2) Before December 16, 2008, revise the
ALS of the ICA to incorporate Section A2.5.2,
Fuel System Limitation Items, of Appendix 2
of the MPG. For all tasks identified in Section
A2.5.2 of Appendix 2 of the MPG, the initial
compliance times start from the applicable
times specified in Table 1 of this AD; and the
repetitive inspections must be accomplished
thereafter at the interval specified in section
A2.5.2 of Appendix 2 of the MPG, except as
provided by paragraphs (f)(4) and (g) of this
AD.
TABLE 1.—INITIAL INSPECTIONS
Reference No.
Compliance time
(whichever occurs later)
Description
Threshold
28–11–00–720–001–A00 ...............
28–13–01–720–002–A00 ...............
28–15–04–720–001–A00 ...............
28–21–01–220–001–A00 ...............
28–23–03–220–001–A00 ...............
28–23–04–220–001–A00 ...............
28–41–01–720–001–A00 ...............
28–41–03–220–001–A00 ...............
28–46–02–220–001–A00 ...............
28–46–04–220–001–A00 ...............
rwilkins on PROD1PC63 with PROPOSALS
28–46–05–720–001–A00 ...............
Functionally Check critical bonding integrity of selected conduits inside the wing tank, Fuel
Pump and FQIS connectors at
tank wall by conductivity measurements.
Functionally Check Aft Fuel tank
critical bonding integrity of Fuel
Pump, FQGS and Low Level
SW connectors at tank wall by
conductivity measurements.
Functionally Check Fwd Fuel tank
critical bonding integrity of Fuel
Pump, FQGS and Low Level
SW connectors at tank wall by
conductivity measurements.
Inspect Wing Electric Fuel Pump
Connector.
Inspect Pilot Valve harness inside
the conduit.
Inspect Vent Valve harness inside
the conduit.
Functionally Check Fuel Conditioning Unit (FCU).
Inspect FQIS harness for clamp
and wire jacket integrity.
Aft Fuel Tank Internal Inspection:
FQGS harness and Low Level
SW harness for clamp and wire
jacket integrity.
Fwd Fuel Tank Internal Inspection: FQGS harness and Low
Level SW harness for clamp
and wire jacket integrity.
Functionally Check Auxiliary Fuel
Conditioning Unit (FCU).
(3) Before December 16, 2008, or within 90
days after the effective date of this AD,
whichever occurs first, revise the ALS of the
ICA to incorporate items 1, 2, and 3 of
VerDate Aug<31>2005
18:18 May 06, 2008
Jkt 214001
Before the accumulation
30,000 total flight hours.
of
Within 90 days after the effective
date of this AD.
Before the accumulation
30,000 total flight hours.
of
Within 90 days after the effective
date of this AD.
Before the accumulation
30,000 total flight hours.
of
Within 90 days after the effective
date of this AD.
Before
10,000
Before
20,000
Before
20,000
Before
10,000
Before
20,000
Before
20,000
accumulation
flight hours.
accumulation
flight hours.
accumulation
flight hours.
accumulation
flight hours.
accumulation
flight hours.
accumulation
flight hours.
of
Within 90 days after
date of this AD.
Within 90 days after
date of this AD.
Within 90 days after
date of this AD.
Within 90 days after
date of this AD.
Within 90 days after
date of this AD.
Within 90 days after
date of this AD.
Before the accumulation
20,000 total flight hours.
of
Within 90 days after the effective
date of this AD.
Before the accumulation
10,000 total flight hours.
of
Within 90 days after the effective
date of this AD.
the
total
the
total
the
total
the
total
the
total
the
total
Section A2.4, Critical Design Configuration
Control Limitation (CDCCL), of Appendix 2
of the MPG.
PO 00000
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Grace period
Sfmt 4702
of
of
of
of
of
the effective
the effective
the effective
the effective
the effective
the effective
(4) After accomplishing the actions
specified in paragraphs (f)(2) and (f)(3) of this
AD, no alternative inspections, inspection
intervals, or CDCCLs may be used unless the
E:\FR\FM\07MYP1.SGM
07MYP1
Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Proposed Rules
inspections, intervals, or CDCCLs are part of
a later revision of Appendix 2 of the MPG
that is approved by the Manager, ANM–116,
FAA, or ANAC (or its delegated agent); or
unless the inspections, intervals, or CDCCLs
are approved as an alternative method of
compliance (AMOC) in accordance with the
procedures specified in paragraph (g) of this
AD.
FAA AD Differences
rwilkins on PROD1PC63 with PROPOSALS
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, 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: Sanjay Ralhan,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1405; 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 Brazilian Airworthiness
Directive 2007–08–01, effective September
27, 2007; and Sections A2.5.2, Fuel System
Limitation Items, and A2.4, Critical Design
Configuration Control Limitation (CDCCL), of
Appendix 2 of the MPG; for related
information.
18:18 May 06, 2008
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Note 2: This AD differs from the MCAI
and/or service information as follows:
(1) The MCAI specifies a compliance date
of ‘‘Before December 31, 2008’’ for doing the
ALI revisions. We have already issued
regulations that require operators to revise
their maintenance/inspection programs to
address fuel tank safety issues. The
compliance date for these regulations is
December 16, 2008. To provide for
coordinated implementation of these
regulations and this AD, we are using this
same compliance date in this AD.
(2) The MCAI specifies a compliance time
of 180 days to revise the ALS of the ICA to
incorporate items 1, 2, and 3 of Section A2.4
of Appendix 2 of the MPG. This AD requires
a compliance time of 90 days to do this
revision. This difference has been
coordinated with ANAC.
VerDate Aug<31>2005
Issued in Renton, Washington, on April 30,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–10063 Filed 5–6–08; 8:45 am]
Jkt 214001
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0182; Directorate
Identifier 2007–NM–262–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135ER,
–135KE, –135KL, and –135LR
Airplanes, and Model EMB–145,
–145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
AGENCY:
SUMMARY: We are revising an earlier
NPRM for the products listed above.
This action revises the earlier NPRM by
expanding the scope. This proposed 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:
Fuel system reassessment, performed
according to RBHA–E88/SFAR–88
(Regulamento Brasileiro de Homologacao
Aeronautica 88/Special Federal Aviation
Regulation No. 88), requires the inclusion of
new maintenance tasks in the Critical Design
Configuration Control Limitations (CDCCL)
and in the Fuel System Limitations (FSL),
necessary to preclude ignition sources in the
fuel system. * * *
The proposed AD would require
actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by May 27, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
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25609
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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 this proposed AD, 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.
FOR FURTHER INFORMATION CONTACT:
Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1405; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2008–0182; Directorate Identifier
2007–NM–262–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
We proposed to amend 14 CFR part
39 with an earlier NPRM for the
specified products, which was
published in the Federal Register on
February 21, 2008 (73 FR 9497). That
earlier NPRM proposed to require
actions intended to address the unsafe
condition for the products listed above.
Since that earlier NPRM was issued,
we have determined that for certain
airplanes the initial compliance times
for doing the tasks specified in
paragraph (f)(2) of the earlier NPRM
E:\FR\FM\07MYP1.SGM
07MYP1
]]>Agencies
[Federal Register Volume 73, Number 89 (Wednesday, May 7, 2008)]
[Proposed Rules]
[Pages 25606-25609]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10063]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0194; Directorate Identifier 2007-NM-263-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
-----------------------------------------------------------------------
SUMMARY: We are revising an earlier NPRM for the products listed above.
This action revises the earlier NPRM by expanding the scope. This
proposed 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:
Fuel system reassessment, performed according to RBHA-E88/SFAR-
88 (Regulamento Brasileiro de Homologacao Aeronautica 88/Special
Federal Aviation Regulation No. 88), requires the inclusion of new
maintenance tasks in the Critical Design Configuration Control
Limitations (CDCCL) and in the Fuel System Limitations (FSL),
necessary to preclude ignition sources in the fuel system. * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by May 27, 2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building, Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
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 this proposed AD, 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.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0194;
Directorate Identifier 2007-NM-263-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to https://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on
February 21, 2008 (73 FR 9500). That earlier NPRM proposed to require
actions intended to address the unsafe condition for the products
listed above.
Since that earlier NPRM was issued, we have determined that for
certain airplanes the initial compliance times
[[Page 25607]]
for doing the tasks specified in paragraph (f)(2) of the earlier NPRM
must be reduced. That earlier NPRM resulted from Brazilian
Airworthiness Directive 2007-08-01, dated September 27, 2007 (referred
to after this as ``the MCAI'').
The MCAI does not provide an initial compliance time for doing the
tasks. In the earlier NPRM we proposed an initial compliance time that
started from the effective date of the AD; or the date of issuance of
the original Brazilian standard airworthiness certificate or the date
of issuance of the original Brazilian export certificate of
airworthiness; whichever occurs later. Although unstated in the MCAI,
we have determined that the intent of the MCAI is for the initial
compliance time to start from the initial delivery date of the airplane
in order to address the identified unsafe condition in a timely manner.
We have also revised the initial compliance times for clarity by
providing a threshold and grace period for each task. We have revised
this supplemental NPRM by adding Table 1 to specify the initial
compliance times for each task. You may obtain further information by
examining the MCAI in the AD docket.
Comments
We have considered the following comments received on the earlier
NPRM.
Request To Clarify Compliance Times
EMBRAER requests that we revise the NPRM to enable operators to
comply if replacement parts are not immediately available. EMBRAER
states that paragraph (section) A2.5.1 of Appendix 2 of the EMBRAER
Legacy BJ Maintenance Planning Guide (MPG) MPG-1483, Revision 5, dated
March 22, 2007, contains provisions to allow operators to implement the
required fuel system limitation inspections in a more timely manner.
EMBRAER therefore requests that we revise the NPRM to include paragraph
A2.5.1 of the MPG.
We do not agree with the request to include MPG paragraph A2.5.1,
which describes deferring the first mandatory inspections to the next
``C'' check (5,000 flight hours). However, as described previously, we
have revised paragraph (f)(2) of the supplemental NPRM to clarify the
initial compliance times. With these revised compliance times, there
should be sufficient spare parts. In addition, if an operator decides
that more compliance time is needed, the operator may request an
alternative method of compliance (AMOC) in accordance with paragraph
(g)(1) of the supplemental NPRM.
Clarification of Increased Costs
The original NPRM specified that about 37 airplanes would be
affected by that proposed action. We have determined that about 49
airplanes would be affected by this proposed action, and have revised
the Costs of Compliance accordingly in this supplemental NPRM.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Certain changes described above expand the scope of the earlier
NPRM. As a result, we have determined that it is necessary to reopen
the comment period to provide additional opportunity for the public to
comment on this proposed 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 proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 49 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this AD. The average labor rate is $80 per work-hour.
Based on these figures, we estimate the cost of the proposed AD on U.S.
operators to be $3,920, or $80 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
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 proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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.
[[Page 25608]]
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Empresa Brasileira de Aeronautica S.A. (Embraer): Docket No. FAA-
2008-0194; Directorate Identifier 2007-NM-263-AD.
Comments Due Date
(a) We must receive comments by May 27, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model EMB-135BJ airplanes,
certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (g) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Fuel system reassessment, performed according to RBHA-E88/SFAR-
88, requires the inclusion of new maintenance tasks in the Critical
Design Configuration Control Limitations (CDCCL) and in the Fuel
System Limitations (FSL), necessary to preclude ignition sources in
the fuel system. * * *
The corrective action is revising the Airworthiness Limitations
Section (ALS) of the Instructions for Continued Airworthiness (ICA)
to incorporate new limitations for fuel tank systems.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) The term ``MPG,'' as used in this AD, means the EMBRAER
Legacy BJ Maintenance Planning Guide (MPG) MPG-1483, Revision 5,
dated March 22, 2007.
(2) Before December 16, 2008, revise the ALS of the ICA to
incorporate Section A2.5.2, Fuel System Limitation Items, of
Appendix 2 of the MPG. For all tasks identified in Section A2.5.2 of
Appendix 2 of the MPG, the initial compliance times start from the
applicable times specified in Table 1 of this AD; and the repetitive
inspections must be accomplished thereafter at the interval
specified in section A2.5.2 of Appendix 2 of the MPG, except as
provided by paragraphs (f)(4) and (g) of this AD.
Table 1.--Initial Inspections
----------------------------------------------------------------------------------------------------------------
Compliance time (whichever occurs later)
Reference No. Description -------------------------------------------------
Threshold Grace period
----------------------------------------------------------------------------------------------------------------
28-11-00-720-001-A00................. Functionally Check Before the accumulation Within 90 days after
critical bonding of 30,000 total flight the effective date of
integrity of selected hours. this AD.
conduits inside the
wing tank, Fuel Pump
and FQIS connectors at
tank wall by
conductivity
measurements.
28-13-01-720-002-A00................. Functionally Check Aft Before the accumulation Within 90 days after
Fuel tank critical of 30,000 total flight the effective date of
bonding integrity of hours. this AD.
Fuel Pump, FQGS and
Low Level SW
connectors at tank
wall by conductivity
measurements.
28-15-04-720-001-A00................. Functionally Check Fwd Before the accumulation Within 90 days after
Fuel tank critical of 30,000 total flight the effective date of
bonding integrity of hours. this AD.
Fuel Pump, FQGS and
Low Level SW
connectors at tank
wall by conductivity
measurements.
28-21-01-220-001-A00................. Inspect Wing Electric Before the accumulation Within 90 days after
Fuel Pump Connector. of 10,000 total flight the effective date of
hours. this AD.
28-23-03-220-001-A00................. Inspect Pilot Valve Before the accumulation Within 90 days after
harness inside the of 20,000 total flight the effective date of
conduit. hours. this AD.
28-23-04-220-001-A00................. Inspect Vent Valve Before the accumulation Within 90 days after
harness inside the of 20,000 total flight the effective date of
conduit. hours. this AD.
28-41-01-720-001-A00................. Functionally Check Fuel Before the accumulation Within 90 days after
Conditioning Unit of 10,000 total flight the effective date of
(FCU). hours. this AD.
28-41-03-220-001-A00................. Inspect FQIS harness Before the accumulation Within 90 days after
for clamp and wire of 20,000 total flight the effective date of
jacket integrity. hours. this AD.
28-46-02-220-001-A00................. Aft Fuel Tank Internal Before the accumulation Within 90 days after
Inspection: FQGS of 20,000 total flight the effective date of
harness and Low Level hours. this AD.
SW harness for clamp
and wire jacket
integrity.
28-46-04-220-001-A00................. Fwd Fuel Tank Internal Before the accumulation Within 90 days after
Inspection: FQGS of 20,000 total flight the effective date of
harness and Low Level hours. this AD.
SW harness for clamp
and wire jacket
integrity.
28-46-05-720-001-A00................. Functionally Check Before the accumulation Within 90 days after
Auxiliary Fuel of 10,000 total flight the effective date of
Conditioning Unit hours. this AD.
(FCU).
----------------------------------------------------------------------------------------------------------------
(3) Before December 16, 2008, or within 90 days after the
effective date of this AD, whichever occurs first, revise the ALS of
the ICA to incorporate items 1, 2, and 3 of Section A2.4, Critical
Design Configuration Control Limitation (CDCCL), of Appendix 2 of
the MPG.
(4) After accomplishing the actions specified in paragraphs
(f)(2) and (f)(3) of this AD, no alternative inspections, inspection
intervals, or CDCCLs may be used unless the
[[Page 25609]]
inspections, intervals, or CDCCLs are part of a later revision of
Appendix 2 of the MPG that is approved by the Manager, ANM-116, FAA,
or ANAC (or its delegated agent); or unless the inspections,
intervals, or CDCCLs are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (g) of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows:
(1) The MCAI specifies a compliance date of ``Before December
31, 2008'' for doing the ALI revisions. We have already issued
regulations that require operators to revise their maintenance/
inspection programs to address fuel tank safety issues. The
compliance date for these regulations is December 16, 2008. To
provide for coordinated implementation of these regulations and this
AD, we are using this same compliance date in this AD.
(2) The MCAI specifies a compliance time of 180 days to revise
the ALS of the ICA to incorporate items 1, 2, and 3 of Section A2.4
of Appendix 2 of the MPG. This AD requires a compliance time of 90
days to do this revision. This difference has been coordinated with
ANAC.
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, 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: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1405; 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 Brazilian Airworthiness Directive 2007-08-01,
effective September 27, 2007; and Sections A2.5.2, Fuel System
Limitation Items, and A2.4, Critical Design Configuration Control
Limitation (CDCCL), of Appendix 2 of the MPG; for related
information.
Issued in Renton, Washington, on April 30, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-10063 Filed 5-6-08; 8:45 am]
BILLING CODE 4910-13-P
