Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ Airplanes, 13684-13689 [2010-6308]
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Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules
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, Incorporation by reference,
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
Bombardier, Inc.: Docket No. FAA–2010–
0273; Directorate Identifier 2009–NM–
134–AD.
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Comments Due Date
(a) We must receive comments by May 7,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier, Inc.
Model DHC–8–400, DHC–8–401, and DHC–
8–402 series airplanes, certificated in any
category; serial numbers 4001, 4003, 4004,
4006, and 4008 through 4238 inclusive.
Subject
(d) Air Transport Association (ATA) of
America Code 32: Landing gear.
14:16 Mar 22, 2010
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 2,000 flight hours after the
effective date of this AD: Modify the NLG
trailing arm by incorporating Bombardier
Modification Summary 4–113599, in
accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
84–32–65, Revision A, dated March 2, 2009.
(2) Incorporating Bombardier Modification
Summary 4–113599 in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 84–32–65, dated December
17, 2008, is also acceptable for compliance
with the requirements of paragraph (f)(1) of
this AD if done before the effective date of
this AD.
FAA AD Differences
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
VerDate Nov<24>2008
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
Two in-service incidents have been
reported on DHC–8 Series 400 aircraft in
which the nose landing gear (NLG) trailing
arm pivot pin retention bolt (part number
NAS6204–13D) was damaged. One incident
involved the left hand NLG tire which
ruptured on take-off. Investigation
determined that the retention bolt failure was
due to repeated contact of the castellated nut
with the towing device including both the
towbar and the towbarless rigs. The loss of
the retention bolt allowed the pivot pin to
migrate from its normal position and resulted
in contact with and rupture of the tire. The
loss of the pivot pin could compromise
retention of the trailing arm and could result
in a loss of directional control due to loss of
nose wheel steering. The loss of an NLG tire
or the loss of directional control could
adversely affect the aircraft during take off or
landing.
To prevent the potential failure of the pivot
pin retention bolt, Bombardier Aerospace has
developed a modification which includes a
new retention bolt, a reverse orientation of
the retention bolt and a rework of the weight
on wheel (WOW) proximity sensor cover to
provide clearance for the re-oriented
retention bolt.
Jkt 220001
Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office, ANE–170, 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:
Program Manager, Continuing Operational
Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, New York,
11590; telephone 516–228–7300; fax 516–
794–553. Before using any approved AMOC
on any airplane to which the AMOC applies,
notify your principal maintenance inspector
(PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal
inspector, your local Flight Standards District
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Office. The AMOC approval letter must
specifically reference this AD.
(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
(44 U.S.C. 3501 et seq.), 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 Canadian Airworthiness
Directive CF–2009–29, dated June 29, 2009;
and Bombardier Service Bulletin 84–32–65,
Revision A, dated March 2, 2009; for related
information.
Issued in Renton, Washington, on March
17, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–6306 Filed 3–22–10; 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
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
SUMMARY: We are revising an earlier
NPRM for the products listed above that
would supersede an existing AD. This
action revises the earlier NPRM by
expanding the scope. 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 earlier MCAI, Brazilian
Airworthiness Directive 2007–08–01,
effective September 27, 2007, describes
the unsafe condition as:
Fuel system reassessment, performed
according to RBHA–E88/SFAR–88
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Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules
(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 new MCAI, Brazilian Airworthiness
Directive 2009–08–03, effective August
20, 2009, describes the unsafe condition
as:
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
An airplane fuel tank systems review
required by Special Federal Aviation
Regulation Number 88 (SFAR 88) and ‘‘RBHA
´
Especial Numero 88’’ (RBHA E 88) has shown
that additional maintenance and inspection
instructions are necessary to maintain the
design features required to preclude the
existence or development of an ignition
source within the fuel tanks of the airplane.
*
*
*
*
*
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 April 19, 2010.
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, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this proposed 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; email: distrib@embraer.com.br; Internet:
https://www.flyembraer.com. You may
review copies of the referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For
information on the availability of this
material at the FAA, call 425–227–1221.
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,
VerDate Nov<24>2008
14:16 Mar 22, 2010
Jkt 220001
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:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1175; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
13685
existence or development of an ignition
source within the fuel tanks of the airplane.
*
*
*
*
*
The corrective action is revising the
Airworthiness Limitations Section
(ALS) of the Instructions for Continued
Airworthiness (ICA) to incorporate new
limitations for fuel tank systems. You
may obtain further information by
examining the MCAI in the AD docket.
Comments 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.
Additional Actions Since NPRM Was
Issued
Since we issued the earlier NPRM,
which included a proposal to require
incorporation of critical design
configuration control limitations
(CDCCLs), we have determined that it is
necessary to clarify the proposed AD’s
intended effect on spare and on-airplane
fuel tank system components, regarding
the use of maintenance manuals and
instructions for continued
airworthiness.
Section 91.403(c) of the Federal
Aviation Regulations (14 CFR 91.403(c))
specifies the following:
No person may operate an aircraft for
which a manufacturer’s maintenance manual
or instructions for continued airworthiness
has been issued that contains an
airworthiness limitation section unless the
mandatory procedures have been complied
with.
Discussion
We proposed to amend 14 CFR part
39 with an earlier NPRM for the
specified products, which was
published in the Federal Register on
October 16, 2008 (73 FR 61375). That
earlier NPRM proposed to supersede AD
2008–13–15, Amendment 39–15578 (73
FR 35908, June 25, 2008), to require
actions intended to address the unsafe
condition for the products listed above.
Since that NPRM was issued, the
ˆ
Agencia Nacional de Aviacao Civil
¸˜
(ANAC), which is the aviation authority
for Brazil, has issued Airworthiness
Directive 2009–08–03, dated August 20,
2009 (referred to after this as ‘‘the
MCAI’’), to correct an unsafe condition
for the specified products. The MCAI
states:
An airplane fuel tank systems review
required by Special Federal Aviation
Regulation Number 88 (SFAR 88) and ‘‘RBHA
´
Especial Numero 88’’ (RBHA E 88) has shown
that additional maintenance and inspection
instructions are necessary to maintain the
design features required to preclude the
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Fmt 4702
Sfmt 4702
Some operators have questioned
whether existing components affected
by the new CDCCLs must be reworked.
We did not intend for the AD to
retroactively require rework of
components that had been maintained
using acceptable methods before the
effective date of the AD. Owners and
operators of the affected airplanes
therefore are not required to rework
affected components identified as
airworthy or installed on the affected
airplanes before the required revisions
of the ALS of the ICA. But once the
CDCCLs are incorporated into the ALS
of the ICA, future maintenance actions
on components must be done in
accordance with those CDCCLs.
Comments
We have considered the following
comment received on the earlier NPRM.
Request To Revise Actions Specified in
Table 2 of the NPRM
Embraer requests that we revise the
actions specified in Table 2 of the
NPRM (functional checks of the fuel
conditioning unit and the ventral fuel
conditioning unit). Embraer states that a
functional check of the fuel
conditioning unit would not entirely
address the unsafe condition and that a
functional check of the safe-life features
in connection with internal and external
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Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules
inspections is necessary. Embraer notes
that Parker revised Component
Maintenance Manual (CMM) 28–41–36
on March 5, 2007, to include a
functional check of the safe-life features
for fuel conditioning unit part number
(P/N) 367–934–001. Embraer
recommends that a functional check of
the safe-life features and inspections to
ensure the safe-life features be included
in Table 2 of the NPRM. Embraer also
suggests that Parker Service Bulletin
367–934–28–110, Revision A, dated
December 19, 2006, be included as an
optional method of compliance for
doing the safe-life check.
We agree to revise Table 2 of the
supplemental NPRM to include new
actions to check and inspect safe-life
features to adequately address the
identified unsafe condition. However,
we have not included fuel conditioning
unit P/N 367–934–001, as the part is not
installed on Model EMB–135BJ
airplanes. We have revised Table 2 of
this AD to include fuel conditioning
unit P/Ns 367–934–002, 367–934–004,
and 367–934–006. However, we have
not included Parker Service Bulletin
367–934–28–110, Revision A, dated
December 19, 2006, as an optional
method of compliance because that
service bulletin does not refer to a
specific component maintenance
manual. Instead, we have included the
Parker CMMs for these part numbers in
Table 2 of this AD, as specified in the
following table. We have coordinated
this action with ANAC.
PARKER SERVICE INFORMATION
Document
Parker
Fuel
Parker
Fuel
Parker
Fuel
Component Maintenance Manual 28–41–66 with Illustrated Parts List for
Conditioning Unit Part Number 367–934–004.
Component Maintenance Manual 28–41–69 with Illustrated Parts List for
Conditioning Unit Part Number 367–934–002.
Component Maintenance Manual 28–41–90 with Illustrated Parts List for
Conditioning Unit Part Number 367–934–006.
We have also revised the ‘‘Grace
Period’’ specified in Table 2 of the
supplemental NPRM from ‘‘Within 90
days after December 16, 2008’’ to
‘‘Within 90 days after the effective date
of this AD.’’
We have also revised paragraph (g)(1)
of this AD to clarify that the new tasks
are part of the ALS of the ICA and
added a 30-day compliance time to
revise the ALS of the ICA to incorporate
the new tasks.
Clarification of Service Information
Paragraph (f)(1) of the original NPRM
defines the term ‘‘MPG’’ as EMBRAER
Legacy BJ–Maintenance Planning Guide
(MPG) MPG–1483, Revision 5, dated
March 22, 2007. However, instead of
using the term ‘‘MPG’’ in this
supplemental NPRM, we have used the
full document citation throughout this
supplemental NPRM, as appropriate.
Therefore, we have removed paragraph
(f)(1) of the NPRM from this
supplemental NPRM and have revised
the subsequent paragraph identifiers
accordingly.
Explanation of Change to Costs of
Compliance
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Revision
Since issuance of the original NPRM,
we have increased the labor rate used in
the Costs of Compliance from $80 per
work-hour to $85 per work-hour. The
Costs of Compliance information,
below, reflects this increase in the
specified hourly labor rate.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
VerDate Nov<24>2008
14:16 Mar 22, 2010
Jkt 220001
Date
1 .............................................................
March 13, 2009.
2 .............................................................
March 13, 2009.
Original ...................................................
April 3, 2009.
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.
Certain changes described above
expand the scope of the earlier NPRM.
As a result, we have determined that it
is necessary to reopen the comment
period to provide additional
opportunity for the public to comment
on this proposed AD.
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 43 products of U.S. registry.
The actions that are required by AD
2008–13–15 and retained in this
proposed AD take about 1 work-hour
per product, at an average labor rate of
$85 per work hour. Based on these
figures, the estimated cost of the
currently required actions is $85 per
product.
We estimate that it would take about
1 work-hour per product to comply with
the new basic requirements of this
proposed AD. The average labor rate is
$85 per work-hour. Based on these
figures, we estimate the cost of the
proposed AD on U.S. operators to be
$3,655, or $85 per product.
Differences Between This AD and the
MCAI or Service Information
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
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.
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Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules
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, Incorporation by reference,
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 April 19,
2010.
Affected ADs
(b) This AD supersedes AD 2008–13–15,
Amendment 39–15578.
Applicability
(c) This AD applies to all Empresa
Brasileira de Aeronautica S.A. (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)(1) 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), Brazilian
Airworthiness Directive 2007–08–01,
effective September 27, 2007, states:
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. * * *
And the MCAI, Brazilian Airworthiness
Directive 2009–08–03, effective August 20,
2009, states:
An airplane fuel tank systems review
required by Special Federal Aviation
Regulation Number 88 (SFAR 88) and ‘‘RBHA
´
Especial Numero 88’’ (RBHA E 88) has shown
that additional maintenance and inspection
instructions are necessary to maintain the
design features required to preclude the
existence or development of an ignition
source within the fuel tanks of the airplane.
*
*
*
*
*
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
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Before December 16, 2008, revise the
ALS of the ICA to incorporate Section A2.5.2,
Fuel System Limitation Items, of Appendix 2
of EMBRAER Legacy BJ—Maintenance
Planning Guide MPG–1483, Revision 5, dated
March 22, 2007, except as provided by
paragraph (g) of this AD. Except as required
by paragraph (g) of this AD, for all tasks
identified in Section A2.5.2 of Appendix 2 of
EMBRAER Legacy BJ—Maintenance Planning
Guide MPG–1483, Revision 5, dated March
22, 2007, 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 EMBRAER Legacy BJ—
Maintenance Planning Guide MPG–1483,
Revision 5, dated March 22, 2007, except as
provided by paragraphs (f)(3) and (h) of this
AD.
TABLE 1—INITIAL INSPECTIONS
Reference No.
Compliance time
(whichever occurs later)
Description
Threshold
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28–11–00–720–001–A00 .........
28–13–01–720–002–A00 .........
28–15–04–720–001–A00 .........
28–21–01–220–001–A00 .........
VerDate Nov<24>2008
14:16 Mar 22, 2010
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
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Grace period
Before the accumulation of
30,000 total flight hours.
Within 90 days after December 16, 2008.
Before the accumulation of
30,000 total flight hours.
Within 90 days after December 16, 2008.
Before the accumulation of
30,000 total flight hours.
Within 90 days after December 16, 2008.
Before the accumulation of
10,000 total flight hours.
Within 90 days after December 16, 2008.
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Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules
TABLE 1—INITIAL INSPECTIONS—Continued
Reference No.
Compliance time
(whichever occurs later)
Description
Threshold
28–23–03–220–001–A00 .........
Inspect Pilot Valve harness inside the conduit
28–23–04–220–001–A00 .........
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.
28–41–03–220–001–A00 .........
28–46–02–220–001–A00 .........
28–46–04–220–001–A00 .........
(2) Within 90 days after July 30, 2008 (the
effective date of AD 2008–13–15), 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 EMBRAER Legacy BJ—
Maintenance Planning Guide MPG–1483,
Revision 5, dated March 22, 2007.
(3) After accomplishing the actions
specified in paragraphs (f)(1) and (f)(2) 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
Grace period
Before the accumulation of
20,000 total flight hours.
Before the accumulation of
20,000 total flight hours.
Before the accumulation of
20,000 total flight hours.
Before the accumulation of
20,000 total flight hours.
Within 90 days after
ber 16, 2008.
Within 90 days after
ber 16, 2008.
Within 90 days after
ber 16, 2008.
Within 90 days after
ber 16, 2008.
Before the accumulation of
20,000 total flight hours.
Within 90 days after December 16, 2008.
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) Within 30 days after the effective date
of this AD, revise the ALS of the ICA to
incorporate Tasks 28–41–01–720–001–A01
and 28–46–05–720–001–A01 identified in
Table 2 of this AD into Section A2.5.2 of
Appendix 2 of EMBRAER Legacy BJ—
DecemDecemDecemDecem-
Maintenance Planning Guide MPG–1483.
After incorporating Tasks 28–41–01–720–
001–A01 and 28–46–05–720–001–A01
identified in Table 2 of this AD, Tasks 28–
41–01–720–001–A00 and 28–46–05–720–
001–A00 identified in Section A2.5.2 of
Appendix 2 of EMBRAER Legacy BJ—
Maintenance Planning Guide MPG–1483,
Revision 5, dated March 22, 2007, are no
longer required. For the fuel limitation tasks
identified in Table 2 of this AD, do the initial
task at the later of the applicable ‘‘Threshold’’
and ‘‘Grace Period’’ times specified in Table
2 of this AD.
TABLE 2—INSPECTIONS
Task No.
Description
Part No.
Compliance time
(whichever occurs later)
Repetitive
Interval
(not to exceed)
Threshold
28–41–01–720–001–
A01.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
28–46–05–720–001–
A01.
VerDate Nov<24>2008
Perform an initial functional check as shown in
Testing and Fault Isolation sections 1, 2, and
3; an external visual inspection as shown in
the Check section 2; an internal visual inspection as shown in the Repair section 1; a
functional check of the safe-life features as
shown in Testing and Fault isolation section
4; and a final functional check as shown in
Testing and Fault isolation sections 1, 2, and
3; of the fuel conditioning unit (FCU), in accordance with Parker CMM 28–41–69, Revision 2, dated March 13, 2009.
Perform an initial functional check as shown in
Testing and Fault Isolation sections 1, 2, and
3; an external visual inspection as shown in
Check section 2; an internal visual inspection
as shown in Repair section 1; a functional
check of the safe-life features as shown in
Testing and Fault Isolation section 4; and a
final functional check as shown in Testing
and Fault isolation sections 1, 2, and 3; of
the auxiliary fuel conditioning unit (AFCU), in
accordance with Parker CMM 28–41–66, Revision 1, dated March 13, 2009.
14:16 Mar 22, 2010
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PO 00000
Frm 00007
Fmt 4702
Grace period
367–934–002
Before the accumulation of
10,000 total
flight hours
on the FCU.
Within 90 days
after the effective date
of this AD.
10,000 flight
hours on the
FCU since
the most recent functional check.
367–934–004
Before the accumulation of
10,000 total
flight hours
on the AFCU.
Within 90 days
after the effective date
of this AD.
10,000 flight
hours on the
AFCU since
the most recent functional check.
Sfmt 4702
E:\FR\FM\23MRP1.SGM
23MRP1
13689
Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules
TABLE 2—INSPECTIONS—Continued
Task No.
Description
Compliance time
(whichever occurs later)
Part No.
Threshold
28–46–05–720–001–
A01.
Perform an initial functional check as shown in
Testing and Fault Isolation sections 1, 2, and
3; an external visual inspection as shown in
Check section 2; an internal visual inspection
as shown in Repair section 1; a functional
check of the safe-life features as shown in
Testing and Fault Isolation section 4; and a
final functional check as shown in Testing
and Fault isolation sections 1, 2, and 3; of
the AFCU, in accordance with Parker CMM
28-41-90, dated April 3, 2009.
(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 AMOC in
accordance with the procedures specified in
paragraph (h) of this AD.
Explanation of CDCCL Requirements
Note 2: Notwithstanding any other
maintenance or operational requirements,
components that have been identified as
airworthy or installed on the affected
airplanes before the revision of the ALS of
the ICA, as required by paragraph (f)(3) of
this AD, do not need to be reworked in
accordance with the CDCCLs. However, once
the ALS of the ICA has been revised, future
maintenance actions on these components
must be done in accordance with the
CDCCLs.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
FAA AD Differences
Note 3: This AD differs from the MCAI
and/or service information as follows:
(1) Brazilian Airworthiness Directive 2009–
08–03, effective August 20, 2009, specifies
that actions accomplished before the effective
date of that AD, in accordance with Parker
Service Bulletin 367–934–28–110, Revision
A, dated December 19, 2006, are considered
acceptable for compliance with the
corresponding actions specified in the AD.
This AD specifies that actions accomplished
in accordance with applicable Parker CMM
listed in Table 2 of this AD are considered
acceptable for compliance.
(2) The applicability of Brazilian
Airworthiness Directive 2009–08–03,
effective August 20, 2009, includes models
other than Model EMB–135BJ airplanes.
However, this AD does not include those
other models. Those models are included in
the applicability of FAA AD 2008–13–14,
Amendment 39–15577. We are considering
further rulemaking to revise AD 2008–13–14.
(3) Although Brazilian Airworthiness
Directive 2009–08–03, effective August 20,
2009, specifies both revising the
airworthiness limitations and repetitively
inspecting, this AD only requires the
revision. Requiring a revision of the
airworthiness limitations, rather than
requiring individual repetitive inspections,
requires operators to record AD compliance
VerDate Nov<24>2008
14:16 Mar 22, 2010
Jkt 220001
367–934–006
Grace period
Before the accumulation of
10,000 total
flight hours
on the AFCU.
Within 90 days
after the effective date
of this AD.
status only at the time they make the
revision, rather than after every inspection.
Repetitive inspections specified in the
airworthiness limitations must be complied
with in accordance with 14 CFR 91.403(c).
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: Todd Thompson,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1175; fax (425) 227–1149. Before using
any approved AMOC on any airplane to
which the AMOC applies, notify your
principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as
appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
The AMOC approval letter must specifically
reference this AD.
(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
(44 U.S.C. 3501 et seq.), 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 Brazilian Airworthiness
Directives 2007–08–01, effective September
27, 2007, and 2009–08–03, effective August
20, 2009; Sections A2.5.2, Fuel System
Limitation Items, and A2.4, Critical Design
Configuration Control Limitation (CDCCL), of
Appendix 2 of EMBRAER Legacy BJ—
Maintenance Planning Guide MPG–1483,
Revision 5, dated March 22, 2007; and the
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
Repetitive
Interval
(not to exceed)
10,000 flight
hours on the
AFCU since
the most recent functional check.
Parker CMMs listed in Table 2 of this AD; for
related information.
Issued in Renton, Washington, on March
16, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–6308 Filed 3–22–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–1079; Directorate
Identifier 2008–NM–116–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135ER,
–135KE, –135KL, and –135LR
Airplanes, and Model EMB–145,
–145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
SUMMARY: We are revising an earlier
NPRM for the products listed above that
would supersede an existing AD. This
action revises the earlier NPRM by
expanding the scope. 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 earlier MCAI, Brazilian
Airworthiness Directive 2007–08–02,
effective September 27, 2007, describes
the unsafe condition as:
Fuel system reassessment, performed
according to RBHA–E88/SFAR–88
E:\FR\FM\23MRP1.SGM
23MRP1
]]>Agencies
[Federal Register Volume 75, Number 55 (Tuesday, March 23, 2010)]
[Proposed Rules]
[Pages 13684-13689]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6308]
-----------------------------------------------------------------------
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: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
-----------------------------------------------------------------------
SUMMARY: We are revising an earlier NPRM for the products listed above
that would supersede an existing AD. This action revises the earlier
NPRM by expanding the scope. 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 earlier MCAI, Brazilian
Airworthiness Directive 2007-08-01, effective September 27, 2007,
describes the unsafe condition as:
Fuel system reassessment, performed according to RBHA-E88/SFAR-
88
[[Page 13685]]
(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 new MCAI, Brazilian Airworthiness Directive 2009-08-03, effective
August 20, 2009, describes the unsafe condition as:
An airplane fuel tank systems review required by Special Federal
Aviation Regulation Number 88 (SFAR 88) and ``RBHA Especial
N[uacute]mero 88'' (RBHA E 88) has shown that additional maintenance
and inspection instructions are necessary to maintain the design
features required to preclude the existence or development of an
ignition source within the fuel tanks of the airplane.
* * * * *
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 April 19, 2010.
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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed 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. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call 425-227-1221.
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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-1080;
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
We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on
October 16, 2008 (73 FR 61375). That earlier NPRM proposed to supersede
AD 2008-13-15, Amendment 39-15578 (73 FR 35908, June 25, 2008), to
require actions intended to address the unsafe condition for the
products listed above.
Since that NPRM was issued, the Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority for
Brazil, has issued Airworthiness Directive 2009-08-03, dated August 20,
2009 (referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:
An airplane fuel tank systems review required by Special Federal
Aviation Regulation Number 88 (SFAR 88) and ``RBHA Especial
N[uacute]mero 88'' (RBHA E 88) has shown that additional maintenance
and inspection instructions are necessary to maintain the design
features required to preclude the existence or development of an
ignition source within the fuel tanks of the airplane.
* * * * *
The corrective action is revising the Airworthiness Limitations Section
(ALS) of the Instructions for Continued Airworthiness (ICA) to
incorporate new limitations for fuel tank systems. You may obtain
further information by examining the MCAI in the AD docket.
Additional Actions Since NPRM Was Issued
Since we issued the earlier NPRM, which included a proposal to
require incorporation of critical design configuration control
limitations (CDCCLs), we have determined that it is necessary to
clarify the proposed AD's intended effect on spare and on-airplane fuel
tank system components, regarding the use of maintenance manuals and
instructions for continued airworthiness.
Section 91.403(c) of the Federal Aviation Regulations (14 CFR
91.403(c)) specifies the following:
No person may operate an aircraft for which a manufacturer's
maintenance manual or instructions for continued airworthiness has
been issued that contains an airworthiness limitation section unless
the mandatory procedures have been complied with.
Some operators have questioned whether existing components affected
by the new CDCCLs must be reworked. We did not intend for the AD to
retroactively require rework of components that had been maintained
using acceptable methods before the effective date of the AD. Owners
and operators of the affected airplanes therefore are not required to
rework affected components identified as airworthy or installed on the
affected airplanes before the required revisions of the ALS of the ICA.
But once the CDCCLs are incorporated into the ALS of the ICA, future
maintenance actions on components must be done in accordance with those
CDCCLs.
Comments
We have considered the following comment received on the earlier
NPRM.
Request To Revise Actions Specified in Table 2 of the NPRM
Embraer requests that we revise the actions specified in Table 2 of
the NPRM (functional checks of the fuel conditioning unit and the
ventral fuel conditioning unit). Embraer states that a functional check
of the fuel conditioning unit would not entirely address the unsafe
condition and that a functional check of the safe-life features in
connection with internal and external
[[Page 13686]]
inspections is necessary. Embraer notes that Parker revised Component
Maintenance Manual (CMM) 28-41-36 on March 5, 2007, to include a
functional check of the safe-life features for fuel conditioning unit
part number (P/N) 367-934-001. Embraer recommends that a functional
check of the safe-life features and inspections to ensure the safe-life
features be included in Table 2 of the NPRM. Embraer also suggests that
Parker Service Bulletin 367-934-28-110, Revision A, dated December 19,
2006, be included as an optional method of compliance for doing the
safe-life check.
We agree to revise Table 2 of the supplemental NPRM to include new
actions to check and inspect safe-life features to adequately address
the identified unsafe condition. However, we have not included fuel
conditioning unit P/N 367-934-001, as the part is not installed on
Model EMB-135BJ airplanes. We have revised Table 2 of this AD to
include fuel conditioning unit P/Ns 367-934-002, 367-934-004, and 367-
934-006. However, we have not included Parker Service Bulletin 367-934-
28-110, Revision A, dated December 19, 2006, as an optional method of
compliance because that service bulletin does not refer to a specific
component maintenance manual. Instead, we have included the Parker CMMs
for these part numbers in Table 2 of this AD, as specified in the
following table. We have coordinated this action with ANAC.
Parker Service Information
------------------------------------------------------------------------
Document Revision Date
------------------------------------------------------------------------
Parker Component Maintenance 1............... March 13, 2009.
Manual 28-41-66 with
Illustrated Parts List for
Fuel Conditioning Unit Part
Number 367-934-004.
Parker Component Maintenance 2............... March 13, 2009.
Manual 28-41-69 with
Illustrated Parts List for
Fuel Conditioning Unit Part
Number 367-934-002.
Parker Component Maintenance Original........ April 3, 2009.
Manual 28-41-90 with
Illustrated Parts List for
Fuel Conditioning Unit Part
Number 367-934-006.
------------------------------------------------------------------------
We have also revised the ``Grace Period'' specified in Table 2 of
the supplemental NPRM from ``Within 90 days after December 16, 2008''
to ``Within 90 days after the effective date of this AD.''
We have also revised paragraph (g)(1) of this AD to clarify that
the new tasks are part of the ALS of the ICA and added a 30-day
compliance time to revise the ALS of the ICA to incorporate the new
tasks.
Clarification of Service Information
Paragraph (f)(1) of the original NPRM defines the term ``MPG'' as
EMBRAER Legacy BJ-Maintenance Planning Guide (MPG) MPG-1483, Revision
5, dated March 22, 2007. However, instead of using the term ``MPG'' in
this supplemental NPRM, we have used the full document citation
throughout this supplemental NPRM, as appropriate. Therefore, we have
removed paragraph (f)(1) of the NPRM from this supplemental NPRM and
have revised the subsequent paragraph identifiers accordingly.
Explanation of Change to Costs of Compliance
Since issuance of the original NPRM, we have increased the labor
rate used in the Costs of Compliance from $80 per work-hour to $85 per
work-hour. The Costs of Compliance information, below, reflects this
increase in the specified hourly labor rate.
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.
Certain changes described above expand the scope of the earlier
NPRM. As a result, we have determined that it is necessary to reopen
the comment period to provide additional opportunity for the public to
comment on this proposed 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 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 43 products of U.S. registry.
The actions that are required by AD 2008-13-15 and retained in this
proposed AD take about 1 work-hour per product, at an average labor
rate of $85 per work hour. Based on these figures, the estimated cost
of the currently required actions is $85 per product.
We estimate that it would take about 1 work-hour per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of the proposed AD on U.S. operators to be $3,655, or $85 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
[[Page 13687]]
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, Incorporation by
reference, 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 April 19, 2010.
Affected ADs
(b) This AD supersedes AD 2008-13-15, Amendment 39-15578.
Applicability
(c) This AD applies to all Empresa Brasileira de Aeronautica
S.A. (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)(1) 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),
Brazilian Airworthiness Directive 2007-08-01, effective September
27, 2007, states:
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. * * *
And the MCAI, Brazilian Airworthiness Directive 2009-08-03,
effective August 20, 2009, states:
An airplane fuel tank systems review required by Special Federal
Aviation Regulation Number 88 (SFAR 88) and ``RBHA Especial
N[uacute]mero 88'' (RBHA E 88) has shown that additional maintenance
and inspection instructions are necessary to maintain the design
features required to preclude the existence or development of an
ignition source within the fuel tanks of the airplane.
* * * * *
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
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Before December 16, 2008, revise the ALS of the ICA to
incorporate Section A2.5.2, Fuel System Limitation Items, of
Appendix 2 of EMBRAER Legacy BJ--Maintenance Planning Guide MPG-
1483, Revision 5, dated March 22, 2007, except as provided by
paragraph (g) of this AD. Except as required by paragraph (g) of
this AD, for all tasks identified in Section A2.5.2 of Appendix 2 of
EMBRAER Legacy BJ--Maintenance Planning Guide MPG-1483, Revision 5,
dated March 22, 2007, 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 EMBRAER Legacy BJ--
Maintenance Planning Guide MPG-1483, Revision 5, dated March 22,
2007, except as provided by paragraphs (f)(3) 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.
[[Page 13688]]
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.
----------------------------------------------------------------------------------------------------------------
(2) Within 90 days after July 30, 2008 (the effective date of
AD 2008-13-15), 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 EMBRAER Legacy BJ--Maintenance
Planning Guide MPG-1483, Revision 5, dated March 22, 2007.
(3) After accomplishing the actions specified in paragraphs
(f)(1) and (f)(2) 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) Within 30 days after the effective date of this AD, revise
the ALS of the ICA to incorporate Tasks 28-41-01-720-001-A01 and 28-
46-05-720-001-A01 identified in Table 2 of this AD into Section
A2.5.2 of Appendix 2 of EMBRAER Legacy BJ--Maintenance Planning
Guide MPG-1483. After incorporating Tasks 28-41-01-720-001-A01 and
28-46-05-720-001-A01 identified in Table 2 of this AD, Tasks 28-41-
01-720-001-A00 and 28-46-05-720-001-A00 identified in Section A2.5.2
of Appendix 2 of EMBRAER Legacy BJ--Maintenance Planning Guide MPG-
1483, Revision 5, dated March 22, 2007, are no longer required. For
the fuel limitation tasks identified in Table 2 of this AD, do the
initial task at the later of the applicable ``Threshold'' and
``Grace Period'' times specified in Table 2 of this AD.
Table 2--Inspections
--------------------------------------------------------------------------------------------------------------------------------------------------------
Compliance time (whichever occurs later)
Task No. Description Part No. -------------------------------------------- Repetitive Interval
Threshold Grace period (not to exceed)
--------------------------------------------------------------------------------------------------------------------------------------------------------
28-41-01-720-001-A01.............. Perform an initial functional check 367-934-002 Before the Within 90 days after 10,000 flight hours
as shown in Testing and Fault accumulation of the effective date on the FCU since
Isolation sections 1, 2, and 3; an 10,000 total flight of this AD. the most recent
external visual inspection as shown hours on the FCU. functional check.
in the Check section 2; an internal
visual inspection as shown in the
Repair section 1; a functional
check of the safe-life features as
shown in Testing and Fault
isolation section 4; and a final
functional check as shown in
Testing and Fault isolation
sections 1, 2, and 3; of the fuel
conditioning unit (FCU), in
accordance with Parker CMM 28-41-
69, Revision 2, dated March 13,
2009.
28-46-05-720-001-A01.............. Perform an initial functional check 367-934-004 Before the Within 90 days after 10,000 flight hours
as shown in Testing and Fault accumulation of the effective date on the AFCU since
Isolation sections 1, 2, and 3; an 10,000 total flight of this AD. the most recent
external visual inspection as shown hours on the AFCU. functional check.
in Check section 2; an internal
visual inspection as shown in
Repair section 1; a functional
check of the safe-life features as
shown in Testing and Fault
Isolation section 4; and a final
functional check as shown in
Testing and Fault isolation
sections 1, 2, and 3; of the
auxiliary fuel conditioning unit
(AFCU), in accordance with Parker
CMM 28-41-66, Revision 1, dated
March 13, 2009.
[[Page 13689]]
28-46-05-720-001-A01.............. Perform an initial functional check 367-934-006 Before the Within 90 days after 10,000 flight hours
as shown in Testing and Fault accumulation of the effective date on the AFCU since
Isolation sections 1, 2, and 3; an 10,000 total flight of this AD. the most recent
external visual inspection as shown hours on the AFCU. functional check.
in Check section 2; an internal
visual inspection as shown in
Repair section 1; a functional
check of the safe-life features as
shown in Testing and Fault
Isolation section 4; and a final
functional check as shown in
Testing and Fault isolation
sections 1, 2, and 3; of the AFCU,
in accordance with Parker CMM
28[dash]41[dash]90, dated April 3,
2009.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(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 AMOC in accordance with the procedures specified in
paragraph (h) of this AD.
Explanation of CDCCL Requirements
Note 2: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the ALS
of the ICA, as required by paragraph (f)(3) of this AD, do not need
to be reworked in accordance with the CDCCLs. However, once the ALS
of the ICA has been revised, future maintenance actions on these
components must be done in accordance with the CDCCLs.
FAA AD Differences
Note 3: This AD differs from the MCAI and/or service information
as follows:
(1) Brazilian Airworthiness Directive 2009-08-03, effective
August 20, 2009, specifies that actions accomplished before the
effective date of that AD, in accordance with Parker Service
Bulletin 367-934-28-110, Revision A, dated December 19, 2006, are
considered acceptable for compliance with the corresponding actions
specified in the AD. This AD specifies that actions accomplished in
accordance with applicable Parker CMM listed in Table 2 of this AD
are considered acceptable for compliance.
(2) The applicability of Brazilian Airworthiness Directive 2009-
08-03, effective August 20, 2009, includes models other than Model
EMB-135BJ airplanes. However, this AD does not include those other
models. Those models are included in the applicability of FAA AD
2008-13-14, Amendment 39-15577. We are considering further
rulemaking to revise AD 2008-13-14.
(3) Although Brazilian Airworthiness Directive 2009-08-03,
effective August 20, 2009, specifies both revising the airworthiness
limitations and repetitively inspecting, this AD only requires the
revision. Requiring a revision of the airworthiness limitations,
rather than requiring individual repetitive inspections, requires
operators to record AD compliance status only at the time they make
the revision, rather than after every inspection. Repetitive
inspections specified in the airworthiness limitations must be
complied with in accordance with 14 CFR 91.403(c).
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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1175; fax (425) 227-1149. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.
(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 (44
U.S.C. 3501 et seq.), 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 Brazilian Airworthiness Directives 2007-08-01,
effective September 27, 2007, and 2009-08-03, effective August 20,
2009; Sections A2.5.2, Fuel System Limitation Items, and A2.4,
Critical Design Configuration Control Limitation (CDCCL), of
Appendix 2 of EMBRAER Legacy BJ--Maintenance Planning Guide MPG-
1483, Revision 5, dated March 22, 2007; and the Parker CMMs listed
in Table 2 of this AD; for related information.
Issued in Renton, Washington, on March 16, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-6308 Filed 3-22-10; 8:45 am]
BILLING CODE 4910-13-P
