Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 Airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes, 35098-35100 [E8-13923]

Download as PDF 35098 Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Proposed Rules 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 (i) Refer to MCAI Canadian Airworthiness Directive CF–2007–29, dated November 22, 2007, and Canadair Regional Jet Model CL– 600–2B19, Airworthiness Requirements in the Maintenance Requirements Manual, CSP A–053, Part 2, Appendix D, ‘‘Fuel System Limitations,’’ Revision 7, dated May 10, 2007; for related information. Issued in Renton, Washington, on June 10, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–13922 Filed 6–19–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0642; Directorate Identifier 2008–NM–039–AD] RIN 2120–AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135 Airplanes, and Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). sroberts on PROD1PC70 with PROPOSALS AGENCY: SUMMARY: The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all EMBRAER Model EMB–135 airplanes and Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. The existing AD currently requires replacing the metallic tubes enclosing the vent and pilot valve wires in the left- and right-hand wing fuel tanks with non-conductive hoses. This proposed AD would add airplanes to the applicability of the existing AD. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent an ignition source inside the fuel tank that could ignite fuel vapor and cause a fuel tank explosion and loss of the airplane. VerDate Aug<31>2005 16:17 Jun 19, 2008 Jkt 214001 We must receive comments on this proposed AD by July 21, 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 W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 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. DATES: Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility 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 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: Todd Thompson, Aerospace Engineer, International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1175; 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–2008–0642; Directorate Identifier 2008–NM–039–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 because of those comments. We will post all comments we receive, without change, to https:// PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 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 On June 1, 2007, we issued AD 2007– 12–17, amendment 39–15095 (72 FR 32780, June 14, 2007), for certain EMBRAER Model EMB–135 airplanes and Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. That AD requires replacing the metallic tubes enclosing the vent and pilot valve wires in the left- and right-hand wing fuel tanks with nonconductive hoses. That AD resulted from fuel system reviews conducted by the manufacturer. We issued that AD to prevent an ignition source inside the fuel tank that could ignite fuel vapor and cause a fuel tank explosion and loss of the airplane. Actions Since Existing AD Was Issued Since we issued AD 2007–12–17, we have been notified by the airplane manufacturer that additional airplanes are also subject to the unsafe condition identified in the existing AD. Relevant Service Information EMBRAER has issued Service Bulletin 145–28–0023, Revision 11, dated December 4, 2007. The procedures specified in Revision 11 of the service bulletin are essentially the same as those described in EMBRAER Service Bulletin 145–28–0023, Revision 07, dated February 7, 2007. We referred to Revision 07 of the service bulletin in AD 2007–12–17 as the appropriate source of service information for actions required in that AD for certain airplanes. However, Revision 11 of the service bulletin includes airplanes that are not identified in Revision 07. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. U.S. Type Certification of the Airplane These airplane models are manufactured in Brazil and are typecertificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. This proposed AD would supersede AD 2007–12–17 and would retain the requirements of the existing AD. This proposed AD would also add airplanes to the applicability of the existing AD. E:\FR\FM\20JNP1.SGM 20JNP1 35099 Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Proposed Rules Differences Between the Proposed AD and Service Information This proposed AD is applicable to all EMBRAER Model EMB–135 airplanes and Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. The EMBRAER service bulletins were revised to add airplanes to the effectivities of those documents, but they do not apply to all airplanes. We have coordinated this difference ˆ with both EMBRAER and the Agencia Nacional de Aviaco Civil (ANAC). It ¸ should be noted that ANAC is not issuing a parallel airworthiness directive because they have previously issued Brazilian airworthiness directive 2006–06–02, effective June 28, 2006, addressing the identified unsafe condition; that airworthiness directive is applicable to ‘‘all EMBRAER EMB– 145( ) and EMB–135( ) aircraft models in operation.’’ Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this proposed AD. The average labor rate is $80 per work hour. ESTIMATED COSTS Action Work hours Tube replacement (required by AD 2007–12–17). 1 1 1 Tube replacement for additional airplanes. 1 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. sroberts on PROD1PC70 with PROPOSALS Regulatory Findings We have 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 that the 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 VerDate Aug<31>2005 16:17 Jun 19, 2008 Jkt 214001 Cost per airplane Parts $1,121 (for Model EMB–135BJ airplanes). $1,788 (for remaining airplanes) ...... $1,121 (for Model EMB–135BJ airplanes). $1,788 (for remaining additional airplanes). 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. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Number of U.S.-registered airplanes Fleet cost $1,201 30 $36,030 1,868 1,201 593 11 1,107,724 13,211 1,868 75 140,100 Affected ADs (b) This AD supersedes AD 2007–12–17. Applicability (c) This AD applies to all EMBRAER Model EMB–135ER, –135KE, –135KL, –135LR, and –135BJ airplanes; and all Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes; certificated in any category. Unsafe Condition (d) This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent an ignition source inside the fuel tank that could ignite fuel vapor and cause a fuel tank explosion and loss of the airplane. Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: Compliance PART 39—AIRWORTHINESS DIRECTIVES Requirements of AD 2007–12–17 Including Additional Airplanes 1. The authority citation for part 39 continues to read as follows: Tube Replacement Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by removing amendment 39–15095 (72 FR 32780, June 14, 2007) and adding the following new airworthiness directive (AD): Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA–2008– 0642; Directorate Identifier 2008–NM– 039–AD. Comments Due Date (a) The FAA must receive comments on this AD action by July 21, 2008. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 (e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. (f) For airplanes identified in the applicable service bulletins specified in paragraphs (f)(1) and (f)(2) of this AD: Within 5,000 flight hours or 48 months after July 19, 2007 (the effective date of AD 2007–12–17), whichever occurs first, replace the metallic tubes enclosing the vent and pilot valve wires in the left- and right-hand wing fuel tanks with new, improved, non-conductive hoses, in accordance with the Accomplishment Instructions of the service bulletins specified in paragraph (f)(1) or (f)(2) of this AD, as applicable. (1) For Model EMB–135ER, –135KE, –135KL, –135LR, –145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes: EMBRAER Service Bulletin 145– 28–0023, Revision 07, dated February 7, 2007. E:\FR\FM\20JNP1.SGM 20JNP1 35100 Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Proposed Rules (2) For Model EMB–135BJ airplanes: EMBRAER Service Bulletin 145LEG–28– 0018, Revision 01, dated April 20, 2005. (g) For Model EMB–135ER, –135KE, –135KL, –135LR, –145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes that are not identified in paragraph (f)(1) of this AD: Within 5,000 flight hours or 48 months after the effective date of this AD, whichever occurs first, replace the metallic tubes enclosing the vent and pilot valve wires in the left- and right-hand wing fuel tanks with new, improved, non-conductive hoses; in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 145–28–0023, Revision 11, dated December 4, 2007. Credit for Actions Done Using Previous Service Information (h) Actions accomplished before the effective date of this AD in accordance with the service information specified in Table 1 of this AD are considered acceptable for compliance with the corresponding actions of this AD. TABLE 1.—ACCEPTABLE EMBRAER SERVICE INFORMATION EMBRAER Service Bulletin Revision level 145–28–0023 ............................................................................................................................... 145–28–0023 ............................................................................................................................... 145–28–0023 ............................................................................................................................... 145–28–0023 ............................................................................................................................... 145–28–0023 ............................................................................................................................... 145–28–0023 ............................................................................................................................... 145–28–0023 ............................................................................................................................... 145–28–0023 ............................................................................................................................... 145–28–0023 ............................................................................................................................... 145–28–0023 ............................................................................................................................... 145–28–0023 ............................................................................................................................... 145LEG–28–0018 ........................................................................................................................ Original ........................ 01 ................................ 02 ................................ 03 ................................ 04 ................................ 05 ................................ 06 ................................ 07 ................................ 08 ................................ 09 ................................ 10 ................................ Original ........................ Compliance (AMOCs) (i)(1) The Manager, International Branch, ANM–116, Transport Airplane Directorate, 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. Related Information (j) None. BILLING CODE 4910–13–P SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404 and 416 [Docket Number: SSA–2008–0031] RIN 0960–AG68 sroberts on PROD1PC70 with PROPOSALS Technical Amendments to Definition of Persons Closely Approaching Retirement Age Social Security Administration. Notice of proposed rulemaking. AGENCY: SUMMARY: We propose to modify our rules on age used in determining disability under titles II and XVI of the Social Security Act (‘‘The Act’’) to VerDate Aug<31>2005 16:17 Jun 19, 2008 To ensure that we consider your comments, we must receive them no later than August 19, 2008. DATES: You may submit comments by any one of four methods—Internet, facsimile, regular mail, or handdelivery. Commenters should not submit the same comments multiple times or by more than one method. Regardless of which of the following methods you choose, please state that your comments refer to Docket No. SSA–2008–0031 to ensure that we can associate your comments with the correct regulation: 1. Federal eRulemaking portal at https://www.regulations.gov. (This is the most expedient method for submitting your comments and we strongly urge you to use it.) In the ‘‘Comment or Submission’’ section of the webpage, type ‘‘SSA–2008–0031,’’ select ‘‘Go,’’ and then click ‘‘Send a Comment or Submission.’’ The Federal eRulemaking portal will issue you a tracking number when you submit a comment. 2. Telefax to (410) 966–2830. 3. Letter to the Commissioner of Social Security, P.O. Box 17703, Baltimore, MD 21235–7703. ADDRESSES: Issued in Renton, Washington, on June 6, 2008. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–13923 Filed 6–19–08; 8:45 am] ACTION: revise the definition of persons ‘‘closely approaching retirement age’’ from ‘‘60– 64’’ to ‘‘60 or older.’’ The purpose of these changes is to acknowledge that we make disability determinations for individuals over age 64. These proposed changes are technical corrections that would help to explain how we currently determine disability for such individuals and would not have any substantive effect. Jkt 214001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 Date April 19, 2004. June 9, 2004. November 8, 2004. April 27, 2005. November 7, 2005. May 15, 2006. October 31, 2006. February 7, 2007. May 25, 2007. July 30, 2007. October 28, 2007. April 23, 2004. 4. Deliver your comments to the Office of Regulations, Social Security Administration, 922 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235–6401, between 8 a.m. and 4:30 p.m. on regular business days. All comments are posted on the Federal eRulemaking portal, although they may not appear for several days after receipt of the comment. You may also inspect the comments on regular business days by arranging with the contact person shown in this preamble. Caution: All comments we receive from members of the public are available for public viewing on the Federal eRulemaking portal at https:// www.regulations.gov. You should be careful to include in your comments only information that you wish to make publicly available on the Internet. We strongly urge you not to include any personal information, such as your Social Security number or medical information, in your comments. FOR FURTHER INFORMATION CONTACT: Helen Droddy, Regulations Analyst, 934 Altmeyer Building, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 965–1483, for information about this notice. For information on eligibility or filing for benefits, call our national toll-free number, 1–800–772– 1213 or TTY 1–800–325–0778, or visit our Internet site, Social Security Online, at https://www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: Electronic Version The electronic file of this document is available on the date of publication in E:\FR\FM\20JNP1.SGM 20JNP1

Agencies

[Federal Register Volume 73, Number 120 (Friday, June 20, 2008)]
[Proposed Rules]
[Pages 35098-35100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13923]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0642; Directorate Identifier 2008-NM-039-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 Airplanes, and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to all EMBRAER Model EMB-135 airplanes and 
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes. The existing AD currently requires replacing the metallic 
tubes enclosing the vent and pilot valve wires in the left- and right-
hand wing fuel tanks with non-conductive hoses. This proposed AD would 
add airplanes to the applicability of the existing AD. This proposed AD 
results from fuel system reviews conducted by the manufacturer. We are 
proposing this AD to prevent an ignition source inside the fuel tank 
that could ignite fuel vapor and cause a fuel tank explosion and loss 
of the airplane.

DATES: We must receive comments on this proposed AD by July 21, 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 W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://
www.regulations.gov; or in person at the Docket Management Facility 
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 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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; 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-2008-0642; 
Directorate Identifier 2008-NM-039-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 because of 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

    On June 1, 2007, we issued AD 2007-12-17, amendment 39-15095 (72 FR 
32780, June 14, 2007), for certain EMBRAER Model EMB-135 airplanes and 
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes. That AD requires replacing the metallic tubes enclosing the 
vent and pilot valve wires in the left- and right-hand wing fuel tanks 
with non-conductive hoses. That AD resulted from fuel system reviews 
conducted by the manufacturer. We issued that AD to prevent an ignition 
source inside the fuel tank that could ignite fuel vapor and cause a 
fuel tank explosion and loss of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2007-12-17, we have been notified by the 
airplane manufacturer that additional airplanes are also subject to the 
unsafe condition identified in the existing AD.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145-28-0023, Revision 11, dated 
December 4, 2007. The procedures specified in Revision 11 of the 
service bulletin are essentially the same as those described in EMBRAER 
Service Bulletin 145-28-0023, Revision 07, dated February 7, 2007. We 
referred to Revision 07 of the service bulletin in AD 2007-12-17 as the 
appropriate source of service information for actions required in that 
AD for certain airplanes. However, Revision 11 of the service bulletin 
includes airplanes that are not identified in Revision 07. 
Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.

U.S. Type Certification of the Airplane

    These airplane models are manufactured in Brazil and are type-
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement.
    This proposed AD would supersede AD 2007-12-17 and would retain the 
requirements of the existing AD. This proposed AD would also add 
airplanes to the applicability of the existing AD.

[[Page 35099]]

Differences Between the Proposed AD and Service Information

    This proposed AD is applicable to all EMBRAER Model EMB-135 
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes. The EMBRAER service bulletins were revised to add 
airplanes to the effectivities of those documents, but they do not 
apply to all airplanes. We have coordinated this difference with both 
EMBRAER and the Ag[ecirc]ncia Nacional de Avia[ccedil]o Civil (ANAC). 
It should be noted that ANAC is not issuing a parallel airworthiness 
directive because they have previously issued Brazilian airworthiness 
directive 2006-06-02, effective June 28, 2006, addressing the 
identified unsafe condition; that airworthiness directive is applicable 
to ``all EMBRAER EMB-145( ) and EMB-135( ) aircraft models in 
operation.''

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD. The average labor rate is $80 per work 
hour.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                  Number of U.S.-
            Action                Work hours          Parts          Cost per       registered      Fleet cost
                                                                     airplane        airplanes
----------------------------------------------------------------------------------------------------------------
Tube replacement (required by                1  $1,121 (for               $1,201              30         $36,030
 AD 2007-12-17).                                 Model EMB-135BJ
                                                 airplanes).
                                             1  $1,788 (for                1,868             593       1,107,724
                                                 remaining
                                                 airplanes).
Tube replacement for                         1  $1,121 (for                1,201              11          13,211
 additional airplanes.                           Model EMB-135BJ
                                                 airplanes).
                                             1  $1,788 (for                1,868              75         140,100
                                                 remaining
                                                 additional
                                                 airplanes).
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this 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 that the 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. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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.


Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-15095 (72 FR 32780, June 14, 2007) and adding the 
following new airworthiness directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2008-0642; Directorate Identifier 2008-NM-039-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by July 21, 
2008.

Affected ADs

    (b) This AD supersedes AD 2007-12-17.

Applicability

    (c) This AD applies to all EMBRAER Model EMB-135ER, -135KE, -
135KL, -135LR, and -135BJ airplanes; and all Model EMB-145, -145ER, 
-145MR, -145LR, -145XR, -145MP, and -145EP airplanes; certificated 
in any category.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent an ignition source 
inside the fuel tank that could ignite fuel vapor and cause a fuel 
tank explosion and loss of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Requirements of AD 2007-12-17 Including Additional Airplanes

Tube Replacement

    (f) For airplanes identified in the applicable service bulletins 
specified in paragraphs (f)(1) and (f)(2) of this AD: Within 5,000 
flight hours or 48 months after July 19, 2007 (the effective date of 
AD 2007-12-17), whichever occurs first, replace the metallic tubes 
enclosing the vent and pilot valve wires in the left- and right-hand 
wing fuel tanks with new, improved, non-conductive hoses, in 
accordance with the Accomplishment Instructions of the service 
bulletins specified in paragraph (f)(1) or (f)(2) of this AD, as 
applicable.
    (1) For Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes: EMBRAER Service 
Bulletin 145-28-0023, Revision 07, dated February 7, 2007.

[[Page 35100]]

    (2) For Model EMB-135BJ airplanes: EMBRAER Service Bulletin 
145LEG-28-0018, Revision 01, dated April 20, 2005.
    (g) For Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes that are not 
identified in paragraph (f)(1) of this AD: Within 5,000 flight hours 
or 48 months after the effective date of this AD, whichever occurs 
first, replace the metallic tubes enclosing the vent and pilot valve 
wires in the left- and right-hand wing fuel tanks with new, 
improved, non-conductive hoses; in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-28-0023, 
Revision 11, dated December 4, 2007.

Credit for Actions Done Using Previous Service Information

    (h) Actions accomplished before the effective date of this AD in 
accordance with the service information specified in Table 1 of this 
AD are considered acceptable for compliance with the corresponding 
actions of this AD.

                                Table 1.--Acceptable EMBRAER Service Information
----------------------------------------------------------------------------------------------------------------
      EMBRAER Service Bulletin                   Revision level                             Date
----------------------------------------------------------------------------------------------------------------
145-28-0023.........................  Original............................  April 19, 2004.
145-28-0023.........................  01..................................  June 9, 2004.
145-28-0023.........................  02..................................  November 8, 2004.
145-28-0023.........................  03..................................  April 27, 2005.
145-28-0023.........................  04..................................  November 7, 2005.
145-28-0023.........................  05..................................  May 15, 2006.
145-28-0023.........................  06..................................  October 31, 2006.
145-28-0023.........................  07..................................  February 7, 2007.
145-28-0023.........................  08..................................  May 25, 2007.
145-28-0023.........................  09..................................  July 30, 2007.
145-28-0023.........................  10..................................  October 28, 2007.
145LEG-28-0018......................  Original............................  April 23, 2004.
----------------------------------------------------------------------------------------------------------------

Compliance (AMOCs)

    (i)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, 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.

Related Information

    (j) None.

    Issued in Renton, Washington, on June 6, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-13923 Filed 6-19-08; 8:45 am]
BILLING CODE 4910-13-P
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