Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ Airplanes, 61375-61378 [E8-24583]
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Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Proposed Rules
61375
TABLE 2—INSPECTIONS
Reference No.
Compliance time
(whichever occurs later)
Description
Threshold
28–41–01–720–001–
A00.
Functionally Check Fuel
Conditioning Unit (FCU).
28–41–04–720–001–
A00.
Functionally Check Ventral
Fuel Conditioning Unit
(VFCU).
(2) After accomplishing the actions
specified in paragraphs (g)(1) of this AD, no
alternative inspections, or inspection
intervals, may be used unless the inspections
or intervals are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (h) of this AD.
FAA AD Differences
ebenthall on PROD1PC60 with PROPOSALS
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) EMBRAER EMB135/ERJ140/EMB145
Maintenance Review Board Report MRB–
145/1150, Revision 11, dated September 19,
2007, specifies compliance times to do tasks
28–41–01–720–001–A00 and 28–41–04–720–
001–A00 for certain components based on
flight hours of the airplane. This AD requires
that the tasks be done at compliance times
based on flight hours of the component.
Other FAA AD Provisions
(h) 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.
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Jkt 214001
Before the accumulation of
10,000 total flight hours
on the FCU.
Before the accumulation of
10,000 total flight hours
on the VFCU.
Within 90 days after December 16, 2008.
Within 90 days after December 16, 2008.
(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 Brazilian Airworthiness
Directive 2007–08–02, 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 MRBR; for related
information.
Issued in Renton, Washington, on
September 25, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–24582 Filed 10–15–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–1080; Directorate
Identifier 2008–NM–118–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135BJ
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above that would
supersede an existing AD. This
proposed AD results from mandatory
continuing airworthiness information
(MCAI) originated by an aviation
authority of another country to identify
and correct an unsafe condition on an
aviation product. The MCAI describes
the unsafe condition as:
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Fmt 4702
Sfmt 4702
Repeat inspection interval
Grace period
10,000 flight hours on the
FCU since the last functional check.
10,000 flight hours on the
VFCU since the last functional check.
Fuel system reassessment, performed
according to RBHA–E88/SFAR–88
(Regulamento Brasileiro de Homologacao
Aeronautica 88/Special Federal Aviation
Regulation No. 88), requires the inclusion of
new maintenance tasks in the Critical Design
Configuration Control Limitations (CDCCL)
and in the Fuel System Limitations (FSL),
necessary to preclude ignition sources in the
fuel system. * * *
The proposed AD would require actions
that are intended to address the unsafe
condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by November 17,
2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone (800) 647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT:
Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
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Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Proposed Rules
Washington 98057–3356; telephone
(425) 227–1405; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2008–1080; Directorate Identifier
2008–NM–118–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
On June 13, 2008, we issued AD
2008–13–15, Amendment 39–15578 (73
FR 35908, June 25, 2008). That AD
requires actions intended to address an
unsafe condition on the products listed
above.
The preamble to AD 2008–13–15
explains that we were considering
further rulemaking to address tasks 28–
41–01–720–001–A00 and 28–46–05–
720–001–A00 because the tasks are
related to a functional check of the
component rather than the aircraft
system. Those tasks are specified in
EMBRAER Legacy BJ—Maintenance
Planning Guide MPG–1483, Revision 5,
dated March 22, 2007 (which we
referred to as the appropriate source of
service information for the existing AD).
We now have determined that further
rulemaking is indeed necessary, and
this proposed AD follows from that
determination. We have proposed to
require those tasks with compliance
times based on the component flight
hours in paragraph (g) of this proposed
AD.
ebenthall on PROD1PC60 with PROPOSALS
Removed Reference to ‘‘Later
Revisions’’ of Service Information
We removed the reference to ‘‘later
revisions’’ of the applicable service
information in paragraph (f)(4) of this
AD to be consistent with FAA policy
and Office of the Federal Register
regulations. We might consider
approving the use of later revisions of
the service information as an alternative
method of compliance with this AD, as
provided by paragraph (h)(1) of this AD.
VerDate Aug<31>2005
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Jkt 214001
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have proposed
different actions in this AD from those
in the MCAI in order to follow FAA
policies. Any such differences are
highlighted in a NOTE within the
proposed AD.
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 41 products of U.S. registry.
We also estimate that it would take
about 1 work-hour per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $80 per work-hour. Based on
these figures, we estimate the cost of the
proposed AD on U.S. operators to be
$3,280, 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
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Fmt 4702
Sfmt 4702
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Amendment 39–15578 (73 FR
35908, June 25, 2008) and adding the
following new AD:
Empresa Brasileira de Aeronautica S.A.
(EMBRAER): Docket No. FAA–2008–
1080; Directorate Identifier 2008–NM–
118–AD.
Comments Due Date
(a) We must receive comments by
November 17, 2008.
Affected ADs
(b) The proposed AD supersedes AD 2008–
13–15, Amendment 39–15578.
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Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Proposed Rules
Applicability
Subject
(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 (h) 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.
(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.
Restatement of Requirements of AD 2008–
13–15
(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. Except as required by paragraph
(g) of this AD, 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 (h) of this AD.
TABLE 1—INITIAL INSPECTIONS
Reference No.
Compliance time
(whichever occurs later)
Description
Threshold
28–11–00–720–001–A00 ...............
28–13–01–720–002–A00 ...............
28–15–04–720–001–A00 ...............
28–21–01–220–001–A00 ...............
28–23–03–220–001–A00 ...............
28–23–04–220–001–A00 ...............
28–41–03–220–001–A00 ...............
28–46–02–220–001–A00 ...............
ebenthall on PROD1PC60 with PROPOSALS
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) Within 90 days after July 30, 2008 (the
effective date of AD 2008–13–15), 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
VerDate Aug<31>2005
15:35 Oct 15, 2008
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Before the accumulation
30,000 total flight hours.
of
Within 90 days after December
16, 2008.
Before the accumulation
30,000 total flight hours.
of
Within 90 days after December
16, 2008.
Before the accumulation
30,000 total flight hours.
of
Within 90 days after December
16, 2008.
Before
10,000
Before
20,000
Before
20,000
Before
20,000
Before
20,000
accumulation
flight hours.
accumulation
flight hours.
accumulation
flight hours.
accumulation
flight hours.
accumulation
flight hours.
of
Within 90 days
16, 2008.
Within 90 days
16, 2008.
Within 90 days
16, 2008.
Within 90 days
16, 2008.
Within 90 days
16, 2008.
Before the accumulation
20,000 total flight hours.
of
the
total
the
total
the
total
the
total
the
total
intervals, or CDCCLs may be used unless the
inspections, intervals, or CDCCLs are
approved as an alternative method of
compliance (AMOC) in accordance with the
procedures specified in paragraph (h) of this
AD.
New Requirements of This AD: Actions and
Compliance
(g) Unless already done, do the following
actions.
PO 00000
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Fmt 4702
Grace period
Sfmt 4702
of
of
of
of
after December
after December
after December
after December
after December
Within 90 days after December
16, 2008.
(1) For tasks 28–41–01–720–001–A00 and
28–46–05–720–001–A00 identified in
Section A2.5.2 of Appendix 2 of the MPG, do
the tasks at the later of the applicable
‘‘Threshold’’ and ‘‘Grace Period’’ times
specified in Table 2 of this AD; and repeat
the inspections thereafter at the applicable
interval specified in Table 2 of this AD;
except as provided by paragraphs (g)(2) and
(h) of this AD.
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Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Proposed Rules
TABLE 2—INSPECTIONS
Reference No.
Compliance time
(whichever occurs later)
Description
Threshold
28–41–01–720–001–A00 ..
Functionally Check Fuel
Conditioning Unit (FCU).
28–46–05–720–001–A00 ..
Functionally Check Auxiliary Fuel Conditioning
Unit (VFCU).
(2) After accomplishing the actions
specified in paragraphs (g)(1) of this AD, no
alternative inspections, or inspection
intervals, may be used unless the inspections
or intervals are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (h) of this AD.
FAA AD Differences
ebenthall on PROD1PC60 with PROPOSALS
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.
(3) EMBRAER Legacy BJ—Maintenance
Planning Guide MPG–1483, Revision 5, dated
March 22, 2007, specifies compliance times
to do tasks 28–41–01–720–001–A00 and 28–
46–05–720–001–A00 for certain components
based on flight hours of the airplane. This AD
requires that the tasks be done at compliance
times based on flight hours of the
component.
Other FAA AD Provisions
(h) 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
VerDate Aug<31>2005
15:35 Oct 15, 2008
Jkt 214001
Grace period
Before the accumulation of
10,000 total flight hours
on the FCU.
Before the accumulation of
10,000 total flight hours
on the auxiliary FCU.
Within 90 days after December 16, 2008.
Within 90 days after December 16, 2008.
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
(i) Refer to Brazilian Airworthiness
Directive 2007–08–01, effective September
27, 2007; and Sections A2.5.2, Fuel System
Limitation Items, and A2.4, Critical Design
Configuration Control Limitation (CDCCL), of
Appendix 2 of the MPG; for related
information.
Issued in Renton, Washington, on
September 26, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–24583 Filed 10–15–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–28035; Directorate
Identifier 2006–NM–293–AD]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 767 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
AGENCY:
SUMMARY: We are revising an earlier
proposed airworthiness directive (AD)
for certain Boeing Model 767 airplanes.
The original NPRM would have
required sealing certain fasteners and
stiffeners in the fuel tank, and changing
certain wire bundle clamp
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Repeat inspection
interval
10,000 flight hours on the
FCU since the last functional check.
10,000 flight hours on the
auxiliary FCU since the
last functional check.
configurations on the fuel tank walls.
The original NPRM resulted from fuel
system reviews conducted by the
manufacturer. This action revises the
original NPRM by adding inspections,
for certain airplanes, of additional
fasteners in the fuel tanks and of the
method of attachment of the vortex
generators, and corrective action if
necessary. We are proposing this
supplemental NPRM to prevent possible
ignition sources in the auxiliary fuel
tank, main fuel tanks, and surge tanks
caused by a wiring short or lightning
strike, which could result in fuel tank
explosions and consequent loss of the
airplane.
We must receive comments on
this supplemental NPRM by November
10, 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 Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207.
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
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]]>Agencies
[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Proposed Rules]
[Pages 61375-61378]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24583]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-1080; Directorate Identifier 2008-NM-118-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:
Fuel system reassessment, performed according to RBHA-E88/SFAR-
88 (Regulamento Brasileiro de Homologacao Aeronautica 88/Special
Federal Aviation Regulation No. 88), requires the inclusion of new
maintenance tasks in the Critical Design Configuration Control
Limitations (CDCCL) and in the Fuel System Limitations (FSL),
necessary to preclude ignition sources in the fuel system. * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by November 17,
2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
[[Page 61376]]
Washington 98057-3356; telephone (425) 227-1405; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-1080;
Directorate Identifier 2008-NM-118-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to https://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On June 13, 2008, we issued AD 2008-13-15, Amendment 39-15578 (73
FR 35908, June 25, 2008). That AD requires actions intended to address
an unsafe condition on the products listed above.
The preamble to AD 2008-13-15 explains that we were considering
further rulemaking to address tasks 28-41-01-720-001-A00 and 28-46-05-
720-001-A00 because the tasks are related to a functional check of the
component rather than the aircraft system. Those tasks are specified in
EMBRAER Legacy BJ--Maintenance Planning Guide MPG-1483, Revision 5,
dated March 22, 2007 (which we referred to as the appropriate source of
service information for the existing AD). We now have determined that
further rulemaking is indeed necessary, and this proposed AD follows
from that determination. We have proposed to require those tasks with
compliance times based on the component flight hours in paragraph (g)
of this proposed AD.
Removed Reference to ``Later Revisions'' of Service Information
We removed the reference to ``later revisions'' of the applicable
service information in paragraph (f)(4) of this AD to be consistent
with FAA policy and Office of the Federal Register regulations. We
might consider approving the use of later revisions of the service
information as an alternative method of compliance with this AD, as
provided by paragraph (h)(1) of this AD.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 41 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $3,280, 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by removing Amendment 39-15578 (73 FR
35908, June 25, 2008) and adding the following new AD:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2008-1080; Directorate Identifier 2008-NM-118-AD.
Comments Due Date
(a) We must receive comments by November 17, 2008.
Affected ADs
(b) The proposed AD supersedes AD 2008-13-15, Amendment 39-
15578.
[[Page 61377]]
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 (h) 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.
Restatement of Requirements of AD 2008-13-15
(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. Except as required by paragraph (g) of this
AD, 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 (h) of this AD.
Table 1--Initial Inspections
----------------------------------------------------------------------------------------------------------------
Compliance time (whichever occurs later)
Reference No. Description -------------------------------------------------
Threshold Grace period
----------------------------------------------------------------------------------------------------------------
28-11-00-720-001-A00................. Functionally Check Before the accumulation Within 90 days after
critical bonding of 30,000 total flight December 16, 2008.
integrity of selected hours.
conduits inside the
wing tank, Fuel Pump
and FQIS connectors at
tank wall by
conductivity
measurements.
28-13-01-720-002-A00................. Functionally Check Aft Before the accumulation Within 90 days after
Fuel tank critical of 30,000 total flight December 16, 2008.
bonding integrity of hours.
Fuel Pump, FQGS and
Low Level SW
connectors at tank
wall by conductivity
measurements.
28-15-04-720-001-A00................. Functionally Check Fwd Before the accumulation Within 90 days after
Fuel tank critical of 30,000 total flight December 16, 2008.
bonding integrity of hours.
Fuel Pump, FQGS and
Low Level SW
connectors at tank
wall by conductivity
measurements.
28-21-01-220-001-A00................. Inspect Wing Electric Before the accumulation Within 90 days after
Fuel Pump Connector. of 10,000 total flight December 16, 2008.
hours.
28-23-03-220-001-A00................. Inspect Pilot Valve Before the accumulation Within 90 days after
harness inside the of 20,000 total flight December 16, 2008.
conduit. hours.
28-23-04-220-001-A00................. Inspect Vent Valve Before the accumulation Within 90 days after
harness inside the of 20,000 total flight December 16, 2008.
conduit. hours.
28-41-03-220-001-A00................. Inspect FQIS harness Before the accumulation Within 90 days after
for clamp and wire of 20,000 total flight December 16, 2008.
jacket integrity. hours.
28-46-02-220-001-A00................. Aft Fuel Tank Internal Before the accumulation Within 90 days after
Inspection: FQGS of 20,000 total flight December 16, 2008.
harness and Low Level hours.
SW harness for clamp
and wire jacket
integrity.
28-46-04-220-001-A00................. Fwd Fuel Tank Internal Before the accumulation Within 90 days after
Inspection: FQGS of 20,000 total flight December 16, 2008.
harness and Low Level hours.
SW harness for clamp
and wire jacket
integrity.
----------------------------------------------------------------------------------------------------------------
(3) Within 90 days after July 30, 2008 (the effective date of AD
2008-13-15), 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 approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (h) of this
AD.
New Requirements of This AD: Actions and Compliance
(g) Unless already done, do the following actions.
(1) For tasks 28-41-01-720-001-A00 and 28-46-05-720-001-A00
identified in Section A2.5.2 of Appendix 2 of the MPG, do the tasks
at the later of the applicable ``Threshold'' and ``Grace Period''
times specified in Table 2 of this AD; and repeat the inspections
thereafter at the applicable interval specified in Table 2 of this
AD; except as provided by paragraphs (g)(2) and (h) of this AD.
[[Page 61378]]
Table 2--Inspections
----------------------------------------------------------------------------------------------------------------
Compliance time (whichever occurs
later) Repeat inspection
Reference No. Description ---------------------------------------- interval
Threshold Grace period
----------------------------------------------------------------------------------------------------------------
28-41-01-720-001-A00............ Functionally Check Before the Within 90 days 10,000 flight
Fuel Conditioning accumulation of after December hours on the FCU
Unit (FCU). 10,000 total 16, 2008. since the last
flight hours on functional check.
the FCU.
28-46-05-720-001-A00............ Functionally Check Before the Within 90 days 10,000 flight
Auxiliary Fuel accumulation of after December hours on the
Conditioning Unit 10,000 total 16, 2008. auxiliary FCU
(VFCU). flight hours on since the last
the auxiliary FCU. functional check.
----------------------------------------------------------------------------------------------------------------
(2) After accomplishing the actions specified in paragraphs
(g)(1) of this AD, no alternative inspections, or inspection
intervals, may be used unless the inspections or intervals are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (h) 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.
(3) EMBRAER Legacy BJ--Maintenance Planning Guide MPG-1483,
Revision 5, dated March 22, 2007, specifies compliance times to do
tasks 28-41-01-720-001-A00 and 28-46-05-720-001-A00 for certain
components based on flight hours of the airplane. This AD requires
that the tasks be done at compliance times based on flight hours of
the component.
Other FAA AD Provisions
(h) 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
(i) Refer to Brazilian Airworthiness Directive 2007-08-01,
effective September 27, 2007; and Sections A2.5.2, Fuel System
Limitation Items, and A2.4, Critical Design Configuration Control
Limitation (CDCCL), of Appendix 2 of the MPG; for related
information.
Issued in Renton, Washington, on September 26, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-24583 Filed 10-15-08; 8:45 am]
BILLING CODE 4910-13-P
