Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 Airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes, 67376-67379 [E8-25756]
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67376
Federal Register / Vol. 73, No. 221 / Friday, November 14, 2008 / Rules and Regulations
Effective Date
(a) This airworthiness directive (AD)
becomes effective December 19, 2008.
TABLE 2—CREDIT SERVICE
INFORMATION
Dassault Service Bulletin—
Affected ADs
(b) None.
Applicability
(c) This AD applies to Dassault Model
Mystere-Falcon 900 airplanes from serial
number (S/N) 1 to 200 inclusive; Model
Falcon 900EX airplanes from S/N 1 to 129
inclusive; and Model Falcon 2000 airplanes
from S/N 1 to 210 inclusive; when fitted with
a third crew member control panel;
certificated in any category.
Subject
(d) Air Transport Association (ATA) of
America Code 25: Equipment/Furnishings.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
This Airworthiness Directive (AD) is
issued following the discovery of a potential
chafing between the rheostat of the 3rd crew
member control panel reading light and the
air gasper flexible hose, or with the electrical
wires nearby. If le[f]t uncorrected, this
chafing may expose the metallic spiral
armature of the flexible hose, or damage the
electrical wires insulation, which could
result in a short-circuit generating sustained
overheating and smoke emission.
This AD requires an inspection of the air
gasper installation in the 3rd crew control
panel of the LH [left-hand] and RH [righthand] crew closet for interference and
damage and applicable related corrective
actions.
The corrective actions include replacing the
flexible hose and installing ROUNDIT
insulation sleeving to the wires near the
rheostat.
Actions and Compliance
(f) Unless already done: Within 7 months
after the effective date of this AD, do a
detailed inspection of the air gasper
installation in the 3rd crew member control
panel of the left-hand and right-hand crew
closet for interference and damage, and do all
applicable related corrective actions as
instructed in the Accomplishment
Instructions of the applicable service
information listed in Table 1 of this AD.
Corrective actions must be done before
further flight.
TABLE 1—SERVICE INFORMATION
Dassault
Mandatory
Service Bulletin—
sroberts on PROD1PC70 with RULES
F900–360 .....
F900EX–261
F2000–316 ...
Revision—
1
1
1
Date—
Feb. 15, 2008.
Feb. 15, 2008.
Feb. 15, 2008.
(g) Actions done before the effective date
of this AD in accordance with the service
information listed in Table 2 of this AD are
acceptable for compliance with the
requirements of paragraph (f).
VerDate Aug<31>2005
15:52 Nov 13, 2008
Jkt 217001
Date—
F900–360 ...........................
.
F900EX–261 ......................
.
F2000–316 .........................
July 20, 2005.
July 20, 2005.
July 27, 2005.
FAA AD Differences
Note: This AD differs from the MCAI and/
or service information as follows: No
differences.
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, 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: Tom Rodriguez,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1137; 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
(i) Refer to MCAI European Aviation Safety
Agency (EASA) Airworthiness Directive
2008–0013, dated January 24, 2008, and the
service information listed in Table 1 and
Table 2 of this AD, for related information.
Material Incorporated by Reference
(j) You must use the service information
specified in Table 3 of this AD 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 Dassault Falcon Jet, P.O. Box
2000, South Hackensack, New Jersey 07606;
telephone 201–440–6700; Internet https://
www.dassaultfalcon.com.
(3) You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind
PO 00000
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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.
TABLE 3—MATERIAL INCORPORATED
BY REFERENCE
Dassault
Mandatory
Service Bulletin—
Revision—
F900–360 .....
F900EX–261
F2000–316 ...
1
1
1
Date—
Feb. 15, 2008.
Feb. 15, 2008.
Feb. 15, 2008.
Issued in Renton, Washington, on October
10, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–25639 Filed 11–13–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0483; Directorate
Identifier 2008–NM–006–AD; Amendment
39–15716; AD 2008–22–19]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135
Airplanes, and Model EMB–145,
–145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: 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:
It has been found the occurrence of smoke
in the flight deck originated from Pitot 1⁄2 and
TAT 1⁄2 current sensor relays and [their]
respective sockets, caused by poor electrical
contacts between those relays and their
sockets.
The unsafe condition is that smoke in
the flight deck may interfere with the
flightcrew’s ability to operate the
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Federal Register / Vol. 73, No. 221 / Friday, November 14, 2008 / Rules and Regulations
Comments
airplane. We are issuing this AD to
require actions to correct the unsafe
condition on these products.
This AD becomes effective
December 19, 2008.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of December 19, 2008.
DATES:
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.
ADDRESSES:
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 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 April 29, 2008 (73 FR
23134). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
sroberts on PROD1PC70 with RULES
It has been found the occurrence of smoke
in the flight deck originated from Pitot 1⁄2 and
TAT 1⁄2 current sensor relays and [their]
respective sockets, caused by poor electrical
contacts between those relays and their
sockets.
The unsafe condition is that smoke in
the flight deck may interfere with the
flightcrew’s ability to operate the
airplane. Corrective actions include
inspecting for damage of the Pitot 1 and
2 and TAT 1 and 2 current sensor relays
and sockets; and, as applicable,
replacing the A1 and C1 electrical
contacts of the sockets and reidentifying
the sockets, replacing the sockets, and
replacing current sensor relays. Damage
may include melted points or stuck
material of the silicone gasket, incorrect
shape of the current sensor relay/
sockets, discoloration of contacts, loose
pin-type contacts, cracking or loose
material of the polish and sealant of the
bases, contaminants of the current
sensor relays/sockets, and stuck
material or roughness of the surface of
the current sensor relay/pin-type
contact. You may obtain further
information by examining the MCAI in
the AD docket.
VerDate Aug<31>2005
15:52 Nov 13, 2008
Jkt 217001
We gave the public the opportunity to
participate in developing this AD. We
considered the comment[s] received.
Request To Clarify the Requirements of
This AD
ExpressJet Airlines requests that we
clarify the requirements for the
inspection proposed by the NPRM.
Embraer Service Bulletin 145–30–0052,
dated August 2, 2007 (specified in the
NPRM), calls for doing a general visual
inspection, reporting damage that was
found, and reporting service bulletin
compliance. ExpressJet states that the
NPRM calls for a detailed inspection
and does not omit the reporting
requirements. ExpressJet notes that it is
not clear if inspections accomplished
before the effective date of the AD
according to the service bulletin would
be acceptable for compliance or if an
additional inspection would need to be
accomplished. ExpressJet also notes it is
not clear if reporting is required.
We agree that clarification is needed.
ˆ
Agencia Nacional de Aviacao Civil
¸˜
(ANAC), which issued the Brazilian
Airworthiness Directive referenced in
the NPRM, determined that a detailed
inspection is necessary, instead of the
general visual inspection specified in
the referenced service bulletin, to
adequately detect possible damage. We
concurred with that determination.
Wherever the requirements of an AD
and the referenced service information
differ, the AD takes precedence.
Therefore, an inspection for possible
damage that is accomplished before the
effective date of this AD must be a
detailed inspection to be acceptable for
compliance with the requirements of
this AD.
After we published the NPRM, we
received Revision 01 to Embraer Service
Bulletin 145–30–0052, dated January 23,
2008; and Revision 01 to Embraer
Service Bulletin 145LEG–30–0019,
dated January 25, 2008 (the original
issue was referred to in the NPRM).
Revision 01 of each service bulletin
specifies a detailed inspection. We have
revised paragraph (f) of this AD to
reference Revision 01 of each service
bulletin and provide credit for
accomplishing the original issue of the
service bulletin, as long as a detailed
inspection technique is used.
Additionally, although the service
bulletin specifies reporting damage and
service bulletin compliance, this AD
does not require reporting. Our intent is
to match the actions specified in the
Brazilian Airworthiness Directive,
which does not require the reporting.
However, an operator may elect to
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67377
submit such information, although not
required to do so by this AD. We have
not changed the AD in this regard.
Request To Shorten Compliance Time
Air Line Pilots Association,
International (ALPA), supports the
intent of the AD, but considers the
proposed 2,500-flight-hours or 24months (whichever is first) compliance
time to be excessive. ALPA recommends
a shorter compliance time.
We disagree with the commenter’s
request. While the service bulletins
recommend a compliance time of 6,000
flight hours or 48 months, ANAC
specified a compliance time of 2,500
flight hours or 24 months based on its
engineering analysis. We concur with
ANAC’s engineering analysis and have
determined that the compliance time, as
proposed, represents an appropriate
interval of time in which the required
actions can be performed and provides
an acceptable level of safety. We have
not changed the AD in this regard.
Explanation of Change to Applicability
We have revised the model
designations in the applicability of this
AD to match the designations as
published in the most recent type
certificate data sheet for the affected
models.
Conclusion
We reviewed the available data,
including the comments 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
704 products of U.S. registry. We also
estimate that it will take about 8 work-
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Federal Register / Vol. 73, No. 221 / Friday, November 14, 2008 / Rules and Regulations
hours 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 $450,560, or $640 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.
sroberts on PROD1PC70 with RULES
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
VerDate Aug<31>2005
15:52 Nov 13, 2008
Jkt 217001
(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:
■
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:
■
2008–22–19 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–15716. Docket No.
FAA–2008–0483; Directorate Identifier
2008–NM–006–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective December 19, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model
EMB–135BJ, –135ER, –135KE, –135KL, and
–135LR airplanes and Model EMB–145,
–145ER, –145MR, –145LR, –145XR, –145MP,
and –145EP airplanes; certificated in any
category; having serial numbers 145002
through 145362, 145364 through 145590, and
145592 through 14500987.
Subject
(d) Air Transport Association (ATA) of
America Code 30: Ice and Rain Protection.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
It has been found the occurrence of smoke
in the flight deck originated from Pitot 1/2
and TAT 1/2 current sensor relays and [their]
respective sockets, caused by poor electrical
contacts between those relays and their
sockets.
The unsafe condition is that smoke in the
flight deck may interfere with the
flightcrew’s ability to operate the airplane.
Corrective actions include inspecting for
damage of the Pitot 1 and 2 and TAT 1 and
2 current sensor relays and sockets; and, as
applicable, replacing the A1 and C1 electrical
contacts of the sockets and reidentifying the
sockets, replacing the sockets, and replacing
current sensor relays. Damage may include
melted points or stuck material of the
silicone gasket, incorrect shape of the current
PO 00000
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Fmt 4700
Sfmt 4700
sensor relay/sockets, discoloration of
contacts, loose pin-type contacts, cracking or
loose material of the polish and sealant of the
bases, contaminants of the current sensor
relays/sockets, and stuck material or
roughness of the surface of the current sensor
relay/pin-type contact.
Actions and Compliance
(f) Unless already done: Within 2,500 flight
hours or 24 months after the effective date of
this AD, whichever occurs first, do the
following actions in accordance with the
Accomplishment Instructions of Embraer
Service Bulletin 145–30–0052, Revision 01,
dated January 23, 2008; or 145LEG–30–0019,
Revision 01, dated January 25, 2008; as
applicable. Do all applicable replacements
and re-identification before further flight.
(1) Perform a detailed inspection of the
Pitot 1 (K0053), Pitot 2 (K0054), TAT 1
(K0064), and TAT 2 (K0494) current sensor
relays for possible damage caused by
overheating in their contacts, enclosure, and
finishing material.
(i) If no damage is found on a current
sensor relay, that relay may be reinstalled.
(ii) If any damage is found on a current
sensor relay, replace the relay with a new
relay having the same part number (P/N),
CS500–060–D4A.
(2) Perform a detailed inspection on the
Pitot 1 (XK0053), Pitot 2 (XK0054), TAT 1
(XK0064), and TAT 2 (XK0494) relay sockets
for possible damage caused by overheating in
their contacts, enclosure, and finishing
material.
(i) If no damage is found on a socket,
replace electrical contacts A1 and C1 of the
socket with new contacts having P/N
M39029/92–536; re-identify the socket from
P/N S500–9140 to S500–9140–A; and reidentify the socket electrical code from
XK0053, XK0054, XK0064, and XK0494, to
XK1243, XK1242, XK1245, and XK1244,
respectively.
(ii) If any damage is found on a socket,
replace the socket with a new socket having
P/N S500–9140–A or S500–9216.
(3) Actions accomplished in accordance
with Embraer Service Bulletin 145–30–0052,
dated August 2, 2007; or 145LEG–30–0019,
dated August 28, 2007; as applicable; are
acceptable for compliance with this AD,
provided that a detailed inspection is
accomplished in place of the general visual
inspection specified in the service bulletins.
Note 1: For the purpose of this AD, a
detailed inspection (DET) is: ‘‘An intensive
examination of a specific item, installation or
assembly to detect damage, failure or
irregularity. Available lighting is normally
supplemented with a direct source of good
lighting at an intensity deemed appropriate.
Inspection aids such as mirrors, magnifying
lenses, etc., may be necessary. Surface
cleaning and elaborate access procedures
may be required.’’
FAA AD Differences
Note 2: This AD differs from the MCAI
and/or service information as follows: No
differences.
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Federal Register / Vol. 73, No. 221 / Friday, November 14, 2008 / Rules and Regulations
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: 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 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.
sroberts on PROD1PC70 with RULES
Related Information
(h) Refer to MCAI Brazilian Airworthiness
Directive 2007–11–04R1, effective December
21, 2007; Embraer Service Bulletin 145–30–
0052, Revision 01, dated January 23, 2008;
and Embraer Service Bulletin 145LEG–30–
0019, Revision 01, dated January 25, 2008;
for related information.
Material Incorporated by Reference
(i) You must use Embraer Service Bulletin
145–30–0052, Revision 01, dated January 23,
2008; or Embraer Service Bulletin 145LEG–
30–0019, Revision 01, dated January 25,
2008; 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), Technical
Publications Section (PC 060), Av. Brigadeiro
˜
Faria Lima, 2170—Putim—12227–901 Sao
Jose dos Campos—SP—BRASIL; telephone:
+55 12 3927–5852 or +55 12 3309–0732; fax:
+55 12 3927–7546; e-mail:
distrib@embraer.com.br; Internet: https://
www.flyembraer.com.
(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.
VerDate Aug<31>2005
15:52 Nov 13, 2008
Jkt 217001
Issued in Renton, Washington, on October
20, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–25756 Filed 11–13–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–27011; Directorate
Identifier 2006–NM–175–AD; Amendment
39–15722; AD 2008–23–01]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A318, A319, A320, and A321 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD),
which applies to certain Airbus Model
A318, A319, A320, and A321 airplanes.
That AD currently requires inspecting to
determine the part number and serial
number of the fuel tank boost pumps
and, for airplanes with affected pumps,
revising the airplane flight manual
(AFM) and the FAA-approved
maintenance program. The existing AD
also provides for optional terminating
action for compliance with the revisions
to the AFM and the maintenance
program. This new AD requires
modifying or replacing the fuel tank
boost pumps, which would terminate
the AFM limitations and the
maintenance program revisions. This
AD results from a report that a fuel tank
boost pump failed in service, due to a
detached screw of the boost pump
housing that created a short circuit
between the stator and rotor of the boost
pump motor and tripped a circuit
breaker. We are issuing this AD to
prevent electrical arcing in the fuel tank
boost pump motor, which, in the
presence of a combustible air-fuel
mixture in the pump, could result in an
explosion and loss of the airplane.
DATES: This AD becomes effective
December 19, 2008.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of December 19, 2008.
On July 3, 2006 (71 FR 34814, June
16, 2006), the Director of the Federal
Register approved the incorporation by
reference of a certain other publication.
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67379
For service information
identified in this AD, contact Airbus,
Airworthiness Office—EAS, 1 Rond
Point Maurice Bellonte, 31707 Blagnac
Cedex, France; fax +33 5 61 93 44 51;
e-mail: account.airwortheas@airbus.com; Internet https://
www.airbus.com.
ADDRESSES:
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: Tim
Dulin, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2141; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a supplemental
notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an
AD that supersedes AD 2006–12–02,
amendment 39–14626 (71 FR 34814,
June 16, 2006). The existing AD applies
to all Airbus Model A318, A319, A320,
and A321 airplanes. That supplemental
NPRM was published in the Federal
Register on March 13, 2008 (73 FR
13507). That supplemental NPRM
proposed to supersede an existing AD
that currently requires inspecting to
determine the part number and serial
number of the fuel tank boost pumps
and, for airplanes with affected pumps,
revising the airplane flight manual
(AFM) and the FAA-approved
maintenance program. The existing AD
also provides for optional terminating
action for compliance with the revisions
to the AFM and the maintenance
program. That supplemental NPRM
proposed to require modifying or
replacing the fuel tank boost pumps,
which would terminate the AFM
limitations and the maintenance
program revisions. That supplemental
NPRM proposed to exclude certain
modified airplanes from the
applicability, require the AFM/
maintenance program revisions on
E:\FR\FM\14NOR1.SGM
14NOR1
]]>Agencies
[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Rules and Regulations]
[Pages 67376-67379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25756]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0483; Directorate Identifier 2008-NM-006-AD;
Amendment 39-15716; AD 2008-22-19]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 Airplanes, and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: 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:
It has been found the occurrence of smoke in the flight deck
originated from Pitot \1/2\ and TAT \1/2\ current sensor relays and
[their]respective sockets, caused by poor electrical contacts
between those relays and their sockets.
The unsafe condition is that smoke in the flight deck may interfere
with the flightcrew's ability to operate the
[[Page 67377]]
airplane. We are issuing this AD to require actions to correct the
unsafe condition on these products.
DATES: This AD becomes effective December 19, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 19,
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 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 April 29, 2008 (73
FR 23134). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
It has been found the occurrence of smoke in the flight deck
originated from Pitot \1/2\ and TAT \1/2\ current sensor relays and
[their]respective sockets, caused by poor electrical contacts
between those relays and their sockets.
The unsafe condition is that smoke in the flight deck may interfere
with the flightcrew's ability to operate the airplane. Corrective
actions include inspecting for damage of the Pitot 1 and 2 and TAT 1
and 2 current sensor relays and sockets; and, as applicable, replacing
the A1 and C1 electrical contacts of the sockets and reidentifying the
sockets, replacing the sockets, and replacing current sensor relays.
Damage may include melted points or stuck material of the silicone
gasket, incorrect shape of the current sensor relay/sockets,
discoloration of contacts, loose pin-type contacts, cracking or loose
material of the polish and sealant of the bases, contaminants of the
current sensor relays/sockets, and stuck material or roughness of the
surface of the current sensor relay/pin-type contact. 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[s]received.
Request To Clarify the Requirements of This AD
ExpressJet Airlines requests that we clarify the requirements for
the inspection proposed by the NPRM. Embraer Service Bulletin 145-30-
0052, dated August 2, 2007 (specified in the NPRM), calls for doing a
general visual inspection, reporting damage that was found, and
reporting service bulletin compliance. ExpressJet states that the NPRM
calls for a detailed inspection and does not omit the reporting
requirements. ExpressJet notes that it is not clear if inspections
accomplished before the effective date of the AD according to the
service bulletin would be acceptable for compliance or if an additional
inspection would need to be accomplished. ExpressJet also notes it is
not clear if reporting is required.
We agree that clarification is needed. Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC), which issued the Brazilian
Airworthiness Directive referenced in the NPRM, determined that a
detailed inspection is necessary, instead of the general visual
inspection specified in the referenced service bulletin, to adequately
detect possible damage. We concurred with that determination. Wherever
the requirements of an AD and the referenced service information
differ, the AD takes precedence. Therefore, an inspection for possible
damage that is accomplished before the effective date of this AD must
be a detailed inspection to be acceptable for compliance with the
requirements of this AD.
After we published the NPRM, we received Revision 01 to Embraer
Service Bulletin 145-30-0052, dated January 23, 2008; and Revision 01
to Embraer Service Bulletin 145LEG-30-0019, dated January 25, 2008 (the
original issue was referred to in the NPRM). Revision 01 of each
service bulletin specifies a detailed inspection. We have revised
paragraph (f) of this AD to reference Revision 01 of each service
bulletin and provide credit for accomplishing the original issue of the
service bulletin, as long as a detailed inspection technique is used.
Additionally, although the service bulletin specifies reporting
damage and service bulletin compliance, this AD does not require
reporting. Our intent is to match the actions specified in the
Brazilian Airworthiness Directive, which does not require the
reporting. However, an operator may elect to submit such information,
although not required to do so by this AD. We have not changed the AD
in this regard.
Request To Shorten Compliance Time
Air Line Pilots Association, International (ALPA), supports the
intent of the AD, but considers the proposed 2,500-flight-hours or 24-
months (whichever is first) compliance time to be excessive. ALPA
recommends a shorter compliance time.
We disagree with the commenter's request. While the service
bulletins recommend a compliance time of 6,000 flight hours or 48
months, ANAC specified a compliance time of 2,500 flight hours or 24
months based on its engineering analysis. We concur with ANAC's
engineering analysis and have determined that the compliance time, as
proposed, represents an appropriate interval of time in which the
required actions can be performed and provides an acceptable level of
safety. We have not changed the AD in this regard.
Explanation of Change to Applicability
We have revised the model designations in the applicability of this
AD to match the designations as published in the most recent type
certificate data sheet for the affected models.
Conclusion
We reviewed the available data, including the comments 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 704 products of U.S. registry.
We also estimate that it will take about 8 work-
[[Page 67378]]
hours 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 $450,560, or
$640 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:
2008-22-19 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15716. Docket No. FAA-2008-0483; Directorate Identifier
2008-NM-006-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective December
19, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-135BJ, -135ER, -135KE,
-135KL, and -135LR airplanes and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes; certificated in any
category; having serial numbers 145002 through 145362, 145364
through 145590, and 145592 through 14500987.
Subject
(d) Air Transport Association (ATA) of America Code 30: Ice and
Rain Protection.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been found the occurrence of smoke in the flight deck
originated from Pitot 1/2 and TAT 1/2 current sensor relays and
[their]respective sockets, caused by poor electrical contacts
between those relays and their sockets.
The unsafe condition is that smoke in the flight deck may interfere
with the flightcrew's ability to operate the airplane. Corrective
actions include inspecting for damage of the Pitot 1 and 2 and TAT 1
and 2 current sensor relays and sockets; and, as applicable,
replacing the A1 and C1 electrical contacts of the sockets and
reidentifying the sockets, replacing the sockets, and replacing
current sensor relays. Damage may include melted points or stuck
material of the silicone gasket, incorrect shape of the current
sensor relay/sockets, discoloration of contacts, loose pin-type
contacts, cracking or loose material of the polish and sealant of
the bases, contaminants of the current sensor relays/sockets, and
stuck material or roughness of the surface of the current sensor
relay/pin-type contact.
Actions and Compliance
(f) Unless already done: Within 2,500 flight hours or 24 months
after the effective date of this AD, whichever occurs first, do the
following actions in accordance with the Accomplishment Instructions
of Embraer Service Bulletin 145-30-0052, Revision 01, dated January
23, 2008; or 145LEG-30-0019, Revision 01, dated January 25, 2008; as
applicable. Do all applicable replacements and re-identification
before further flight.
(1) Perform a detailed inspection of the Pitot 1 (K0053), Pitot
2 (K0054), TAT 1 (K0064), and TAT 2 (K0494) current sensor relays
for possible damage caused by overheating in their contacts,
enclosure, and finishing material.
(i) If no damage is found on a current sensor relay, that relay
may be reinstalled.
(ii) If any damage is found on a current sensor relay, replace
the relay with a new relay having the same part number (P/N), CS500-
060-D4A.
(2) Perform a detailed inspection on the Pitot 1 (XK0053), Pitot
2 (XK0054), TAT 1 (XK0064), and TAT 2 (XK0494) relay sockets for
possible damage caused by overheating in their contacts, enclosure,
and finishing material.
(i) If no damage is found on a socket, replace electrical
contacts A1 and C1 of the socket with new contacts having P/N
M39029/92-536; re-identify the socket from P/N S500-9140 to S500-
9140-A; and re-identify the socket electrical code from XK0053,
XK0054, XK0064, and XK0494, to XK1243, XK1242, XK1245, and XK1244,
respectively.
(ii) If any damage is found on a socket, replace the socket with
a new socket having P/N S500-9140-A or S500-9216.
(3) Actions accomplished in accordance with Embraer Service
Bulletin 145-30-0052, dated August 2, 2007; or 145LEG-30-0019, dated
August 28, 2007; as applicable; are acceptable for compliance with
this AD, provided that a detailed inspection is accomplished in
place of the general visual inspection specified in the service
bulletins.
Note 1: For the purpose of this AD, a detailed inspection (DET)
is: ``An intensive examination of a specific item, installation or
assembly to detect damage, failure or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirrors, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate access procedures may be required.''
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.
[[Page 67379]]
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:
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 MCAI Brazilian Airworthiness Directive 2007-11-
04R1, effective December 21, 2007; Embraer Service Bulletin 145-30-
0052, Revision 01, dated January 23, 2008; and Embraer Service
Bulletin 145LEG-30-0019, Revision 01, dated January 25, 2008; for
related information.
Material Incorporated by Reference
(i) You must use Embraer Service Bulletin 145-30-0052, Revision
01, dated January 23, 2008; or Embraer Service Bulletin 145LEG-30-
0019, Revision 01, dated January 25, 2008; 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), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone:
+55 12 3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail:
distrib@embraer.com.br; Internet: https://www.flyembraer.com.
(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 October 20, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-25756 Filed 11-13-08; 8:45 am]
BILLING CODE 4910-13-P
