Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ Airplanes, 35908-35911 [E8-13926]

Download as PDF 35908 Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0194; Directorate Identifier 2007–NM–263–AD; Amendment 39–15578; AD 2008–13–15] 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. * * * 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: jlentini on PROD1PC65 with RULES 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. * * * We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective July 30, 2008. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 30, 2008. ADDRESSES: You may examine the AD docket on the Internet at https:// www.regulations.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: 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: Discussion We issued a supplemental notice of proposed rulemaking (NPRM) to amend VerDate Aug<31>2005 18:16 Jun 24, 2008 Jkt 214001 14 CFR part 39 to include an AD that would apply to the specified products. That supplemental NPRM was published in the Federal Register on May 7, 2008 (73 FR 25606). That supplemental NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: 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. 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 Extend Compliance Times/ Include Costs of Unscheduled Inspections EMBRAER request that we extend the compliance times specified in Table 1 of the supplemental NPRM. EMBRAER states that the compliance time ‘‘within 90 days of the effective date of the AD’’ for airplanes with cycle totals above the thresholds would require airplanes to be removed from service for special inspections and that these inspections would require the fuel tanks to be drained and ventilated prior to inspection. EMBRAER states that requiring unscheduled tank inspections will increase the probability of maintenance error, which will result in an increase in the risk of ignition sources. EMBRAER believes that there is no special risk that justifies the compliance time of within 90 days from the effective date of the AD and suggests that the compliance time be revised to within 5,000 flight hours after the effective date of the AD. EMBRAER also requests that if the compliance time of within 90 days after the effective date of the AD is retained, we include the costs of unscheduled inspections. EMBRAER notes that the costs of unscheduled inspections would be higher than the estimate given in the promulgation of Special Federal Aviation Regulation No. 88 of between 60 and 330 work-hours for the inspection and between 36 and 96 hours for time out of service. We agree to extend the ‘‘Grace Period’’ specified in Table 1 of this AD. We have determined that a compliance PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 time of within 90 days after December 16, 2008 is appropriate and will ensure an acceptable level of safety. We have revised Table 1 of this AD accordingly. We do not agree with EMBRAER to defer the first mandatory inspections to within 5,000 flight hours after the effective date of the AD. In revising the appropriate compliance time for the inspections (i.e., extending the ‘‘Grace Period’’ to within 90 days after December 16, 2008), we considered the urgency associated with the subject unsafe condition, the availability of required parts, and the practical aspect of accomplishing the required inspections within a period of time that corresponds to the normal scheduled maintenance for most affected operators. If an operator decides that more time is needed to comply with this AD, the operator can request an alternative method of compliance (AMOC) in accordance with the provisions of paragraph (g)(1) of the supplemental NPRM. As stated earlier, we have extended the compliance time and therefore the number of unscheduled inspections should be reduced. However, because operators’ schedules vary substantially, it would be nearly impossible for us to accurately calculate all costs associated with unscheduled inspections. Therefore, we have not revised the Costs of Compliance section of this AD to reflect unscheduled inspections. Explanation of Removal of Certain Tasks We have determined that tasks 28– 41–01–720–001–A00 and 28–46–05– 720–001–A00 in Table 1 of the supplemental NPRM are related to a functional check of the component rather than the aircraft system. We have discussed the issue with the ˆ manufacturer and with the Agencia Nacional de Aviacao Civil (ANAC), ¸˜ which is the aviation authority for Brazil. ANAC states that it intends to issue an airworthiness directive to address an inspection threshold for these tasks. Therefore, we have removed these tasks from Table 1 of this AD. We might consider further rulemaking once new actions and compliance times for these tasks are identified by ANAC or in the absence of any new action from ANAC, we might consider unilateral rulemaking. Revision to Costs of Compliance The number of airplanes on the U.S. Registry has changed since we issued the supplemental NPRM from 49 airplanes to 41 airplanes. We have revised the Costs of Compliance section of this AD accordingly. E:\FR\FM\25JNR1.SGM 25JNR1 Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations 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 changes described previously. We determined that these changes 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. jlentini on PROD1PC65 with RULES Costs of Compliance We estimate that this AD will affect 41 products of U.S. registry. We also estimate that it will take about 1 workhour 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 this AD to the U.S. operators to be $3,280, 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. VerDate Aug<31>2005 18:16 Jun 24, 2008 Jkt 214001 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:// 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 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 2008–13–15 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Amendment 39–15578. Docket No. PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 35909 FAA–2008–0194; Directorate Identifier 2007–NM–263–AD. Effective Date (a) This airworthiness directive (AD) becomes effective July 30, 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. E:\FR\FM\25JNR1.SGM 25JNR1 35910 Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations TABLE 1—INITIAL INSPECTIONS Reference number 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 ...................... 28–41–03–220–001–A00 ...................... 28–46–02–220–001–A00 ...................... 28–46–04–220–001–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. 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. (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 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. jlentini on PROD1PC65 with RULES 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 VerDate Aug<31>2005 18:16 Jun 24, 2008 Jkt 214001 Before the accumulation of 30,000 total flight hours Within 90 days after December 16, 2008 Before the accumulation of 30,000 total flight hours Within 90 days after December 16, 2008 Before the accumulation of 30,000 total flight hours Within 90 days after December 16, 2008 Before the accumulation of 10,000 total flight hours Before the accumulation of 20,000 total flight hours Before the accumulation of 20,000 total flight hours Before the accumulation of 20,000 total flight hours Before the accumulation of 20,000 total flight hours Within 90 days after ber 16, 2008D Within 90 days after ber 16, 2008 Within 90 days after ber 16, 2008 Within 90 days after ber 16, 2008 Within 90 days after ber 16, 2008 Before the accumulation of 20,000 total flight hours Within 90 days after December 16, 2008 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 Grace period DecemDecemDecemDecemDecem- 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. Material Incorporated by Reference (i) You must use Sections A2.5.2, Fuel System Limitation Items, and A2.4, Critical Design Configuration Control Limitation (CDCCL), of Appendix 2 of EMBRAER Legacy BJ—Maintenance Planning Guide MPG–1483, Revision 5, dated March 22, 2007, to do the actions required by this AD, unless the AD specifies otherwise. This document contains the following effective pages: E:\FR\FM\25JNR1.SGM 25JNR1 35911 Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations Pages Revision level List of Effective Pages: Pages A through J .............................................................................................................................. (The revision level of this document is identified only on the title page of the document.) (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. Issued in Renton, Washington, on June 13, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–13926 Filed 6–24–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION 14 CFR Part 39 [Docket No. FAA–2008–0493 Directorate Identifier 2008–CE–028–AD; Amendment 39–15581; AD 2008–13–18] RIN 2120–AA64 Airworthiness Directives; Pilatus Aircraft Ltd. PC–6 Series Airplanes jlentini on PROD1PC65 with RULES received no comments on the NPRM or on the determination of the cost to the public. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective July 30, 2008. On July 30, 2008, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: You may examine the AD docket on the Internet at https:// www.regulations.gov or in person at Document Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329– 4059; fax: (816) 329–4090. SUPPLEMENTARY INFORMATION: Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. SUMMARY: We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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: This Airworthiness Directive (AD) is prompted due to a potential problem with the tail landing gear locking mechanism of PC–6 series aircraft. Investigation, carried out after an incident report, determined that both screws of the tail-wheel locking mechanism had ruptured, rendering the mechanism inoperative. In order to address this situation, the present AD requires you replace the two bolts of the tail-wheel locking mechanism with new ones, having higher shear strength, and install a warning placard on the tail-wheel mudguard. The actions specified by this AD are intended to prevent, on take-off or landing runs, possible hazards associated with loss of directional control. This Airworthiness Directive (AD) is prompted due to a potential problem with the tail landing gear locking mechanism of PC–6 series aircraft. Comments We gave the public the opportunity to participate in developing this AD. We Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: VerDate Aug<31>2005 18:16 Jun 24, 2008 Jkt 214001 March 22, 2007. Investigation, carried out after an incident report, determined that both screws of the tail-wheel locking mechanism had ruptured, rendering the mechanism inoperative. 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 1, 2008 (73 FR 23993). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Federal Aviation Administration 5 Date PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 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 FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance Based on the service information, we estimate that this AD will affect 50 products of U.S. registry. We also estimate that it will take about 3 workhours per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $120 per product. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $18,000 or $360 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 E:\FR\FM\25JNR1.SGM 25JNR1

Agencies

[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Rules and Regulations]
[Pages 35908-35911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13926]

[[Page 35908]]

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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;
Amendment 39-15578; AD 2008-13-15]
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:

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. * * *

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective July 30, 2008.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 30,
2008.

ADDRESSES: You may examine the AD docket on the Internet at https://
www.regulations.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: 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:

Discussion

We issued a supplemental notice of proposed rulemaking (NPRM) to
amend 14 CFR part 39 to include an AD that would apply to the specified
products. That supplemental NPRM was published in the Federal Register
on May 7, 2008 (73 FR 25606). That supplemental NPRM proposed to
correct an unsafe condition for the specified products. The 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. 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 Extend Compliance Times/Include Costs of Unscheduled
Inspections

EMBRAER request that we extend the compliance times specified in
Table 1 of the supplemental NPRM. EMBRAER states that the compliance
time ``within 90 days of the effective date of the AD'' for airplanes
with cycle totals above the thresholds would require airplanes to be
removed from service for special inspections and that these inspections
would require the fuel tanks to be drained and ventilated prior to
inspection. EMBRAER states that requiring unscheduled tank inspections
will increase the probability of maintenance error, which will result
in an increase in the risk of ignition sources. EMBRAER believes that
there is no special risk that justifies the compliance time of within
90 days from the effective date of the AD and suggests that the
compliance time be revised to within 5,000 flight hours after the
effective date of the AD.
EMBRAER also requests that if the compliance time of within 90 days
after the effective date of the AD is retained, we include the costs of
unscheduled inspections. EMBRAER notes that the costs of unscheduled
inspections would be higher than the estimate given in the promulgation
of Special Federal Aviation Regulation No. 88 of between 60 and 330
work-hours for the inspection and between 36 and 96 hours for time out
of service.
We agree to extend the ``Grace Period'' specified in Table 1 of
this AD. We have determined that a compliance time of within 90 days
after December 16, 2008 is appropriate and will ensure an acceptable
level of safety. We have revised Table 1 of this AD accordingly. We do
not agree with EMBRAER to defer the first mandatory inspections to
within 5,000 flight hours after the effective date of the AD. In
revising the appropriate compliance time for the inspections (i.e.,
extending the ``Grace Period'' to within 90 days after December 16,
2008), we considered the urgency associated with the subject unsafe
condition, the availability of required parts, and the practical aspect
of accomplishing the required inspections within a period of time that
corresponds to the normal scheduled maintenance for most affected
operators. If an operator decides that more time is needed to comply
with this AD, the operator can request an alternative method of
compliance (AMOC) in accordance with the provisions of paragraph (g)(1)
of the supplemental NPRM.
As stated earlier, we have extended the compliance time and
therefore the number of unscheduled inspections should be reduced.
However, because operators' schedules vary substantially, it would be
nearly impossible for us to accurately calculate all costs associated
with unscheduled inspections. Therefore, we have not revised the Costs
of Compliance section of this AD to reflect unscheduled inspections.

Explanation of Removal of Certain Tasks

We have determined that tasks 28-41-01-720-001-A00 and 28-46-05-
720-001-A00 in Table 1 of the supplemental NPRM are related to a
functional check of the component rather than the aircraft system. We
have discussed the issue with the manufacturer and with the
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which is
the aviation authority for Brazil. ANAC states that it intends to issue
an airworthiness directive to address an inspection threshold for these
tasks. Therefore, we have removed these tasks from Table 1 of this AD.
We might consider further rulemaking once new actions and compliance
times for these tasks are identified by ANAC or in the absence of any
new action from ANAC, we might consider unilateral rulemaking.

Revision to Costs of Compliance

The number of airplanes on the U.S. Registry has changed since we
issued the supplemental NPRM from 49 airplanes to 41 airplanes. We have
revised the Costs of Compliance section of this AD accordingly.

[[Page 35909]]

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 changes described previously. We determined that these
changes 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 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
this AD to the U.S. operators to be $3,280, 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 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://
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 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:

2008-13-15 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15578. Docket No. FAA-2008-0194; Directorate Identifier
2007-NM-263-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective July 30,
2008.

Affected ADs

(b) None.

Applicability

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:

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.

[[Page 35910]]

Table 1--Initial Inspections
----------------------------------------------------------------------------------------------------------------
Compliance time (whichever occurs later)
Reference number Description ----------------------------------------------
Threshold Grace period
----------------------------------------------------------------------------------------------------------------
28-11-00-720-001-A00.................. Functionally Check Before the Within 90 days after
critical bonding accumulation of December 16, 2008
integrity of selected 30,000 total flight
conduits inside the wing hours
tank, Fuel Pump and FQIS
connectors at tank wall
by conductivity
measurements.
28-13-01-720-002-A00.................. Functionally Check Aft Before the Within 90 days after
Fuel tank critical accumulation of December 16, 2008
bonding integrity of 30,000 total flight
Fuel Pump, FQGS and Low hours
Level SW connectors at
tank wall by
conductivity
measurements.
28-15-04-720-001-A00.................. Functionally Check Fwd Before the Within 90 days after
Fuel tank critical accumulation of December 16, 2008
bonding integrity of 30,000 total flight
Fuel Pump, FQGS and Low hours
Level SW connectors at
tank wall by
conductivity
measurements.
28-21-01-220-001-A00.................. Inspect Wing Electric Before the Within 90 days after
Fuel Pump Connector. accumulation of December 16, 2008D
10,000 total flight
hours
28-23-03-220-001-A00.................. Inspect Pilot Valve Before the Within 90 days after
harness inside the accumulation of December 16, 2008
conduit. 20,000 total flight
hours
28-23-04-220-001-A00.................. Inspect Vent Valve Before the Within 90 days after
harness inside the accumulation of December 16, 2008
conduit. 20,000 total flight
hours
28-41-03-220-001-A00.................. Inspect FQIS harness for Before the Within 90 days after
clamp and wire jacket accumulation of December 16, 2008
integrity. 20,000 total flight
hours
28-46-02-220-001-A00.................. Aft Fuel Tank Internal Before the Within 90 days after
Inspection: FQGS harness accumulation of December 16, 2008
and Low Level SW harness 20,000 total flight
for clamp and wire hours
jacket integrity.
28-46-04-220-001-A00.................. Fwd Fuel Tank Internal Before the Within 90 days after
Inspection: FQGS harness accumulation of December 16, 2008
and Low Level SW harness 20,000 total flight
for clamp and wire hours
jacket integrity.
----------------------------------------------------------------------------------------------------------------

(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 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.

Material Incorporated by Reference

(i) You must use Sections A2.5.2, Fuel System Limitation Items,
and A2.4, Critical Design Configuration Control Limitation (CDCCL),
of Appendix 2 of EMBRAER Legacy BJ--Maintenance Planning Guide MPG-
1483, Revision 5, dated March 22, 2007, to do the actions required
by this AD, unless the AD specifies otherwise. This document
contains the following effective pages:

[[Page 35911]]

----------------------------------------------------------------------------------------------------------------
Pages Revision level Date
----------------------------------------------------------------------------------------------------------------
List of Effective Pages:
Pages A through J.......................... 5 March 22, 2007.
----------------------------------------------------------------------------------------------------------------

(The revision level of this document is identified only on the title
page of the document.)
(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 June 13, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-13926 Filed 6-24-08; 8:45 am]
BILLING CODE 4910-13-P

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