Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes, 56462-56464 [E8-22205]

Download as PDF 56462 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 A few hydraulic system tube clamps located inside the wing fuel tanks were found damaged. Further analysis has shown that damage to multiple clamps may cause sparks inside the tanks, which in turn may lead to ignition of flammable vapors inside the fuel tanks. [Docket No. FAA–2008–0361; Directorate Identifier 2007–NM–279–AD; Amendment 39–15681; AD 2008–20–02] RIN 2120–AA64 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: A few hydraulic system tube clamps located inside the wing fuel tanks were found damaged. Further analysis has shown that damage to multiple clamps may cause sparks inside the tanks, which in turn may lead to ignition of flammable vapors inside the fuel tanks. jlentini on PROD1PC65 with RULES We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective November 3, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of November 3, 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: Kenny Kaulia, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057–3356; telephone (425) 227–2848; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 16:29 Sep 26, 2008 Jkt 214001 EMBRAER did not provide a justification for this change. We do not agree that paragraph (e) of the NPRM should be changed. Paragraph (e) of this AD quotes the requirements in the MCAI verbatim; therefore, no change to the AD is necessary in this regard. Conclusion The corrective action includes replacing tube attachment clamps having certain part numbers with new tube attachment clamps. You may obtain further information by examining the MCAI in the AD docket. Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes 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 March 28, 2008 (73 FR 16575). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received. We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We also 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 Request To Add Revised Service Information EMBRAER states that Service Bulletin 170–29–0006 was revised to include additional airplanes in the effectivity. Therefore, EMBRAER recommends that the AD applicability refers to Service Bulletin 170–29–0006, Revision 01, dated February 22, 2008. The original issue, dated October 4, 2006, was referred to in the NPRM as the source of service information for accomplishing certain actions. EMBRAER adds that the original issue should be kept as an acceptable means of compliance. We agree that the applicability in the NPRM should be changed. Revision 01 of the service bulletin includes a reference to ‘‘EMBRAER 175 ( ) model aircraft,’’ which is the marketing designation for a certain version of the Model ERJ 170 airplane. However, no additional airplanes have been added to the service bulletin effectivity. We have changed the service bulletin reference in paragraph (c) of this AD from the original issue to Revision 01. In addition, we agree to change paragraph (f) of the AD to refer to Revision 01 of the referenced service bulletin. Revision 01 specifies that there is no additional action for airplanes on which the actions in the original issue of the service bulletin have been done. We have also added a new paragraph (f)(3) to this AD to give operators credit for doing the actions in the original issue of the service bulletin. Request To Change Paragraph (e) EMBRAER also recommends changing paragraph (e) of the NPRM to add the phrase, ‘‘in conjunction with a lightning strike’’ following the words ‘‘multiple clamps’’ as specified in that paragraph. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 88 products of U.S. registry. We also estimate that it will take 18 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $269 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $150,392, or about $1,709 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. E:\FR\FM\29SER1.SGM 29SER1 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 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 jlentini on PROD1PC65 with RULES 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: ■ VerDate Aug<31>2005 16:29 Sep 26, 2008 Jkt 214001 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. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ■ 2008–20–02 Empresa Brasileira de Aeronautica S.A. (EMBRAER: Amendment 39–15681. Docket No. FAA–2008–0361; Directorate Identifier 2007–NM–279–AD. Effective Date (a) This airworthiness directive (AD) becomes effective November 3, 2008. Affected ADs (b) None. Applicability (c) This AD applies to EMBRAER Model ERJ 170–100 LR, –100 STD, –100 SE, –100 SU, –200 LR, –200 STD, and –200 SU airplanes; as identified in EMBRAER Service Bulletin 170–29–0006, Revision 01, dated February 22, 2008; and Model ERJ 190–100 STD, –100 LR, –100 IGW, –200 STD, –200 LR, and –200 IGW airplanes; as identified in EMBRAER Service Bulletin 190–29–0003, dated October 4, 2006; certificated in any category. Subject (d) Air Transport Association (ATA) of America Code 29: Hydraulic Power. Reason (e) The mandatory continuing airworthiness information (MCAI) states: A few hydraulic system tube clamps located inside the wing fuel tanks were found damaged. Further analysis has shown that damage to multiple clamps may cause sparks inside the tanks, which in turn may lead to ignition of flammable vapors inside the fuel tanks. The corrective action includes replacing tube attachment clamps having certain part numbers with new tube attachment clamps. Actions and Compliance (f) Unless already done: Within 8,000 flight hours after the effective date of this AD, replace the clamps which attach the hydraulic tubes inside the wing fuel tanks with new clamps, as specified in paragraph (f)(1) or (f)(2) of this AD, as applicable; in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 170–29–0006, Revision 01, dated February 22, 2008; or 190–29–0003, dated October 4, 2006; as applicable. (1) For Model ERJ 170 airplanes: Replace any clamp having part number (P/N) PE27019RF4E with a new clamp having P/N PE27019FS4E; and any clamp having P/N PE27019RF8E with a new clamp having P/N PE27019FS8E. (2) For Model ERJ 190 airplanes: Replace any clamp having P/N PE27019RF4E with a new clamp having P/N PE27019FS4E; and PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 56463 any clamp having P/N PE27019RF6E with a new clamp having P/N PE27019FS6E. (3) Actions accomplished before the effective date of this AD in accordance with EMBRAER Service Bulletin 170–29–0006, dated October 4, 2006, are considered acceptable for compliance with the corresponding actions specified in paragraph (f) of this AD. FAA AD Differences Note 1: This AD differs from the MCAI and/or service information as follows. No differences. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Kenny Kaulia, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2848; 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 FAAapproved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information (h) Refer to MCAI Brazilian Airworthiness Directives 2007–04–01R1 and 2007–04–02R1 (including Errata, effective December 21, 2007), both effective December 21, 2007; and EMBRAER Service Bulletins 170–29–0006, Revision 01, dated February 22, 2008; and 190–29–0003, dated October 4, 2006; for related information. Material Incorporated by Reference (i) You must use EMBRAER Service Bulletin 170–29–0006, Revision 01, dated February 22, 2008; or EMBRAER Service Bulletin 190–29–0003, dated October 4, 2006; as applicable, to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box E:\FR\FM\29SER1.SGM 29SER1 56464 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 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 September 12, 2008. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–22205 Filed 9–26–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0638; Directorate Identifier 2008–NM–035–AD; Amendment 39–15680; AD 2008–20–01] RIN 2120–AA64 Airworthiness Directives; Lockheed Model 382, 382B, 382E, 382F, and 382G Series Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. jlentini on PROD1PC65 with RULES AGENCY: SUMMARY: We are adopting a new airworthiness directive (AD) for all Lockheed Model 382, 382B, 382E, 382F, and 382G series airplanes. This AD requires revising the FAA-approved maintenance program by incorporating new airworthiness limitations for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. This AD also requires the accomplishment of certain fuel system modifications, the initial inspections of certain repetitive fuel system limitations to phase in those inspections, and repair if necessary. This AD results from a design review of the fuel tank systems. We are issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane. DATES: This AD is effective November 3, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of November 3, 2008. ADDRESSES: For service information identified in this AD, contact Lockheed VerDate Aug<31>2005 16:29 Sep 26, 2008 Jkt 214001 Martin Corporation/Lockheed Martin Aeronautics Company, Airworthiness Office, Dept. 6A0M, Zone 0252, Column P–58, 86 S. Cobb Drive, Marietta, Georgia 30063. revised Table 1 of this AD to refer to Revision 5 of the service bulletin as the appropriate source of service information for installing the GFIs and flame arrestors. 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 AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800–647–5527) is the 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: Robert A. Bosak, Aerospace Engineer, Propulsion and Services Branch, ACE– 118A, FAA, Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349; telephone (770) 703–6094; fax (770) 703–6097. SUPPLEMENTARY INFORMATION: Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received from the four commenters. Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to all Lockheed Model 382, 382B, 382E, 382F, and 382G series airplanes. That NPRM was published in the Federal Register on June 13, 2008 (73 FR 33740). That NPRM proposed to require revising the FAA-approved maintenance program by incorporating new airworthiness limitations for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 (SFAR 88) requirements. That NPRM also proposed to require the accomplishment of certain fuel system modifications, the initial inspections of certain repetitive fuel system limitations to phase in those inspections, and repair if necessary. Request To Revise Paragraph (g)(1) of the NPRM LAC requests that we revise paragraph (g)(1) of the NPRM to refer to paragraph 2.C.(3)(e) of Lockheed Service Bulletin 382–28–22, Revision 3, dated March 28, 2008, instead of paragraph 2.C.(3)(c). LAC believes that ‘‘2.C.(3)(c)’’ is a typographical error because all of the other critical design configuration control limitation (CDCCL) items referred to in paragraph (g)(1) of the NPRM address wiring practices and resistance measurements. We agree with LAC’s request and have revised paragraph (g)(1) of this AD accordingly. The CDCCLs referred to in paragraphs 2.C.(3)(e), 2.C.(3)(h), 2.C.(4)(a), 2.C.(5)(c), 2.C.(7)(h), and 2.C.(8) of Lockheed Service Bulletin 382–28–22 are all items that can be accomplished in accordance with Lockheed Service Bulletin 382–28–19, Revision 3, dated November 30, 2006. Actions Since NPRM Was Issued Since we issued the NPRM, Lockheed has issued Service Bulletin 382–28–20, Revision 5, dated June 19, 2008, to reflect changes to the required kits. In the NPRM, we referred to Revision 4 of the service bulletin, dated May 21, 2007, as an additional source of service information for installing ground fault interrupters (GFIs) and flame arrestors for protection of the fuel system. The procedures in Revision 5 of the service bulletin are essentially the same as those in Revision 4. Therefore, we have PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Requests To Revise Compliance Time Lynden Air Cargo (LAC) and Safair request that we extend the compliance time from 24 months to 36 months for doing the modification in paragraph (h) of the NPRM. As justification, the commenters state that additional time is needed to procure parts and to accomplish the modifications during a heavy maintenance visit. We agree to revise the compliance time in paragraph (h) of this AD to 36 months. Extending the compliance time will not adversely affect safety, and it will allow operators to accomplish the modifications, initial inspections, and repairs during regularly scheduled maintenance at a base where special equipment and trained maintenance personnel will be available if necessary. Request To Revise the Method of Compliance in Paragraph (g)(1) of the NPRM LAC requests that we revise paragraph (g)(1) of the NPRM as follows: ‘‘* * * do the applicable actions in accordance with the procedures specified in Lockheed Service Bulletin 382–28–19, Revision 3, dated November 30, 2006, or a method approved in accordance with paragraph (k) of this AD.’’ Paragraph E:\FR\FM\29SER1.SGM 29SER1

Agencies

[Federal Register Volume 73, Number 189 (Monday, September 29, 2008)]
[Rules and Regulations]
[Pages 56462-56464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22205]



[[Page 56462]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0361; Directorate Identifier 2007-NM-279-AD; 
Amendment 39-15681; AD 2008-20-02]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 and ERJ 190 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:

    A few hydraulic system tube clamps located inside the wing fuel 
tanks were found damaged. Further analysis has shown that damage to 
multiple clamps may cause sparks inside the tanks, which in turn may 
lead to ignition of flammable vapors inside the fuel tanks.

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

DATES: This AD becomes effective November 3, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 3, 
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: Kenny Kaulia, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 
227-2848; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on March 28, 2008 (73 
FR 16575). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    A few hydraulic system tube clamps located inside the wing fuel 
tanks were found damaged. Further analysis has shown that damage to 
multiple clamps may cause sparks inside the tanks, which in turn may 
lead to ignition of flammable vapors inside the fuel tanks.

The corrective action includes replacing tube attachment clamps having 
certain part numbers with new tube attachment clamps. 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 comments received.

Request To Add Revised Service Information

    EMBRAER states that Service Bulletin 170-29-0006 was revised to 
include additional airplanes in the effectivity. Therefore, EMBRAER 
recommends that the AD applicability refers to Service Bulletin 170-29-
0006, Revision 01, dated February 22, 2008. The original issue, dated 
October 4, 2006, was referred to in the NPRM as the source of service 
information for accomplishing certain actions. EMBRAER adds that the 
original issue should be kept as an acceptable means of compliance.
    We agree that the applicability in the NPRM should be changed. 
Revision 01 of the service bulletin includes a reference to ``EMBRAER 
175 ( ) model aircraft,'' which is the marketing designation for a 
certain version of the Model ERJ 170 airplane. However, no additional 
airplanes have been added to the service bulletin effectivity. We have 
changed the service bulletin reference in paragraph (c) of this AD from 
the original issue to Revision 01.
    In addition, we agree to change paragraph (f) of the AD to refer to 
Revision 01 of the referenced service bulletin. Revision 01 specifies 
that there is no additional action for airplanes on which the actions 
in the original issue of the service bulletin have been done. We have 
also added a new paragraph (f)(3) to this AD to give operators credit 
for doing the actions in the original issue of the service bulletin.

Request To Change Paragraph (e)

    EMBRAER also recommends changing paragraph (e) of the NPRM to add 
the phrase, ``in conjunction with a lightning strike'' following the 
words ``multiple clamps'' as specified in that paragraph. EMBRAER did 
not provide a justification for this change.
    We do not agree that paragraph (e) of the NPRM should be changed. 
Paragraph (e) of this AD quotes the requirements in the MCAI verbatim; 
therefore, no change to the AD is necessary in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We also 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 88 products of U.S. registry. 
We also estimate that it will take 18 work-hours per product to comply 
with the basic requirements of this AD. The average labor rate is $80 
per work-hour. Required parts will cost about $269 per product. Where 
the service information lists required parts costs that are covered 
under warranty, we have assumed that there will be no charge for these 
parts. As we do not control warranty coverage for affected parties, 
some parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of this AD to the U.S. operators to be 
$150,392, or about $1,709 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.

[[Page 56463]]

    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:

2008-20-02 Empresa Brasileira de Aeronautica S.A. (EMBRAER: 
Amendment 39-15681. Docket No. FAA-2008-0361; Directorate Identifier 
2007-NM-279-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
3, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes; as 
identified in EMBRAER Service Bulletin 170-29-0006, Revision 01, 
dated February 22, 2008; and Model ERJ 190-100 STD, -100 LR, -100 
IGW, -200 STD, -200 LR, and -200 IGW airplanes; as identified in 
EMBRAER Service Bulletin 190-29-0003, dated October 4, 2006; 
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 29: 
Hydraulic Power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    A few hydraulic system tube clamps located inside the wing fuel 
tanks were found damaged. Further analysis has shown that damage to 
multiple clamps may cause sparks inside the tanks, which in turn may 
lead to ignition of flammable vapors inside the fuel tanks.

The corrective action includes replacing tube attachment clamps 
having certain part numbers with new tube attachment clamps.

Actions and Compliance

    (f) Unless already done: Within 8,000 flight hours after the 
effective date of this AD, replace the clamps which attach the 
hydraulic tubes inside the wing fuel tanks with new clamps, as 
specified in paragraph (f)(1) or (f)(2) of this AD, as applicable; 
in accordance with the Accomplishment Instructions of EMBRAER 
Service Bulletin 170-29-0006, Revision 01, dated February 22, 2008; 
or 190-29-0003, dated October 4, 2006; as applicable.
    (1) For Model ERJ 170 airplanes: Replace any clamp having part 
number (P/N) PE27019RF4E with a new clamp having P/N PE27019FS4E; 
and any clamp having P/N PE27019RF8E with a new clamp having P/N 
PE27019FS8E.
    (2) For Model ERJ 190 airplanes: Replace any clamp having P/N 
PE27019RF4E with a new clamp having P/N PE27019FS4E; and any clamp 
having P/N PE27019RF6E with a new clamp having P/N PE27019FS6E.
    (3) Actions accomplished before the effective date of this AD in 
accordance with EMBRAER Service Bulletin 170-29-0006, dated October 
4, 2006, are considered acceptable for compliance with the 
corresponding actions specified in paragraph (f) of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows. No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: 
Kenny Kaulia, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-2848; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directives 2007-04-
01R1 and 2007-04-02R1 (including Errata, effective December 21, 
2007), both effective December 21, 2007; and EMBRAER Service 
Bulletins 170-29-0006, Revision 01, dated February 22, 2008; and 
190-29-0003, dated October 4, 2006; for related information.

Material Incorporated by Reference

    (i) You must use EMBRAER Service Bulletin 170-29-0006, Revision 
01, dated February 22, 2008; or EMBRAER Service Bulletin 190-29-
0003, dated October 4, 2006; as applicable, to do the actions 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box

[[Page 56464]]

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 September 12, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-22205 Filed 9-26-08; 8:45 am]
BILLING CODE 4910-13-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.