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, 13689-13695 [2010-6309]
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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
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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
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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
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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
W12–40, 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,
except Federal holidays. The AD docket
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14:16 Mar 22, 2010
Jkt 220001
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–2008–1079; Directorate Identifier
2008–NM–116–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 61372). That
earlier NPRM proposed to supersede AD
2008–13–14, Amendment 39–15577 (73
FR 35904, 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, effective 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
existence or development of an ignition
source within the fuel tanks of the airplane.
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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
comments 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 (FCU) and the ventral
FCU). Embraer states that a functional
check of the FCU would not entirely
address the unsafe condition and that a
functional check of the safe-life features
is necessary. Embraer notes that Parker
revised Component Maintenance
Manual (CMM) 28–41–36 on March 5,
2007, to include a functional check of
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Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules
the safe-life features for FCU 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 in order to adequately address
the identified unsafe condition. We
have revised Table 2 of this AD to
include FCU P/Ns 367–934–001, 367–
934–002, and 367–934–005. 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
Parker Component Maintenance Manual 28-41–36 with Illustrated Parts List for Fuel Conditioning Unit Part Number 367–934–001.
Parker Component Maintenance Manual 28–41–69 with Illustrated Parts List for Fuel Conditioning Unit Part Number 367–934–002.
Parker Component Maintenance Manual 28-41–80 with Illustrated Parts List for Fuel Conditioning Unit Part Number 367–934–005.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Request To Extend Compliance Time
Two commenters request that we
revise the ‘‘grace period’’ specified in
Table 2 of the NPRM. ExpressJet
Airlines states that the availability of
parts is a concern because many parts
will be affected by the end of the grace
period (i.e., ‘‘90 days after December 16,
2008’’) specified in the NPRM.
ExpressJet Airlines suggests that for
operators that did a functional check on
the part, the grace period should be
revised to allow an additional 180 days
for those parts. Chautauqua Airlines
also states that the grace period should
be extended due to lack of availability
of parts.
We partially agree with the request to
revise the compliance time. Although
we have not revised the compliance
time as requested by the commenter, we
have 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.’’ In
addition, under the provisions of
paragraph (h)(1) of the supplemental
NPRM, we will consider requests for
approval of an extension of the
compliance time if sufficient data are
submitted to substantiate that the new
compliance time would provide an
acceptable level of safety.
Request To Clarify Actions
Parker Hannifin states that the FCU is
subject to fuel system limitations (FSL)
as defined in FAA Advisory Circular
25.981–1B. The commenter states that
there is an equivalent level of safety
(ELS) for continued airworthiness of the
FCUs and that ESL specifies a 10,000flight-hour interval for a safe-life test,
which includes a physical inspection of
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14:16 Mar 22, 2010
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FCU components and additional testing.
The commenter notes that returned
units are subject to normal functional
checks only. The commenter concludes
that the only way to be sure that all
inspections and tests of the safe-life test
are done is if there is an explicit request
to do all actions or if the part is returned
under a previous agreement to perform
the safe-life test; then the FCU may be
marked in accordance with the service
bulletins.
We acknowledge Parker Hannifin’s
comments and infer the commenter is
requesting clarification of the actions.
As stated previously, we have revised
Table 2 of the NPRM to clarify the
actions; this supplemental NPRM would
require the actions for the safe-life test
specified in Table 2 of the supplemental
NPRM.
We have also revised paragraph (g)(1)
of this supplemental NPRM 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
The purpose of paragraph (f)(1) of the
NPRM was to define the term ‘‘MRBR’’
as EMBRAER EMB135/ERJ140/EMB145
Maintenance Review Board Report
(MRBR) MRB–145/1150, Revision 11,
dated September 19, 2007. However,
instead of using the term ‘‘MRBR’’ in this
supplemental NPRM, we have used the
full document citation throughout, as
appropriate. Therefore, we have
removed paragraph (f)(1) of the NPRM
from this supplemental NPRM and have
revised the subsequent paragraph
identifiers accordingly.
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Date
4
March 13, 2009.
2
March 13, 2009.
Original
April 3, 2009.
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
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Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules
provided in the MCAI and related
service information.
We might also have proposed
different actions in this AD from those
in the MCAI in order to follow FAA
policies. Any such differences are
highlighted in a Note within the
proposed AD.
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 41 products of U.S. registry.
The actions that are required by AD
2008–13–14 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
$3,485, or $85 per product.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
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14:16 Mar 22, 2010
Jkt 220001
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 39–15577 (73 FR
35904, June 25, 2008) and adding the
following new AD:
Empresa Brasileira de Aeronautica S.A.
(EMBRAER): Docket No. FAA–2008–
1079; Directorate Identifier 2008–NM–
116–AD.
situation, to comply with 14 CFR 91.403(c),
the operator must request approval for an
alternative method of compliance according
to paragraph (h) of this AD. The request
should include a description of changes to
the required inspections that will ensure the
continued operational safety of the airplane.
Subject
(d) Air Transport Association (ATA) of
America Code 28: Fuel.
Reason
(e) The mandatory continuing
airworthiness information (MCAI), Brazilian
Airworthiness Directive 2007–08–02,
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. * * *
The MCAI, Brazilian Airworthiness
Directives 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.
Comments Due Date
(a) We must receive comments by April 19,
2010.
Restatement of Requirements of AD 2008–
13–14
Affected ADs
(b) This AD supersedes AD 2008–13–14,
Amendment 39–15577.
(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 EMB135/ERJ140/EMB145
Maintenance Review Board Report MRB–
145/1150, Revision 11, dated September 19,
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 EMB135/
ERJ140/EMB145 Maintenance Review Board
Report MRB–145/1150, Revision 11, dated
September 19, 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 EMB135/
ERJ140/EMB145 Maintenance Review Board
Report MRB–145/1150, Revision 11, dated
September 19, 2007, except as provided by
paragraphs (f)(3) and (h) of this AD.
Applicability
(c) This AD applies to 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; certificated in any
category; except for Model EMB–145LR
airplanes modified according to Brazilian
Supplemental Type Certificate 2002S06–09,
2002S06–10, or 2003S08–01.
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
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Actions and Compliance
E:\FR\FM\23MRP1.SGM
23MRP1
13693
Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules
TABLE 1—INITIAL INSPECTIONS
Reference No.
Compliance time
(whichever occurs later)
Description
Threshold
28–11–00–720–001–A00
28–17–01–720–001–A00
28–21–01–220–001–A00
28–23–03–220–001–A00
28–23–04–220–001–A00
28–27–01–220–001–A00
28–41–03–220–001–A00
28–41–07–220–001–A00
Grace period
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 critical bonding integrity of Fuel Pump, VFQIS and Low
Level SW connectors at tank wall by
conductivity measurements.
Inspect Electric Fuel Pump Connector .....
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.
Inspect Pilot Valve harness inside the
conduit.
Inspect Vent Valve harness inside the
conduit.
Inspect Electric Fuel Transfer Pump Connector.
Inspect FQIS harness for clamp and wire
jacket integrity.
Inspect VFQIS and Low Level SW Harness for clamp and wire jacket integrity.
Before the accumulation
total flight hours.
Before the accumulation
total flight hours.
Before the accumulation
total flight hours.
Before the accumulation
total flight hours.
Before the accumulation
total flight hours.
Before the accumulation
total flight hours.
of 20,000
Within 90
2008.
Within 90
2008.
Within 90
2008.
Within 90
2008.
Within 90
2008.
Within 90
2008.
(2) Within 90 days after July 30, 2008 (the
effective date of AD 2008–13–14), 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 EMB135/ERJ140/
EMB145 Maintenance Review Board Report
MRB–145/1150, Revision 11, dated
September 19, 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 28–41–04–720–001–A01 identified in
Table 2 of this AD into Section A2.5.2, Fuel
System Limitation Items, of Appendix 2 of
EMBRAER EMB135/ERJ140/EMB145
of 10,000
of 20,000
of 10,000
of 20,000
of 20,000
days after December 16,
days after December 16,
days after December 16,
days after December 16,
days after December 16,
days after December 16,
Maintenance Review Board Report MRB–
145/1150. After incorporating Tasks 28–41–
01–720–001–A01 and 28–41–04–720–001–
A01 identified in Table 2 of this AD, Tasks
28–41–01–720–001–A00 and 28–41–04–720–
001–A00 identified in Section A2.5.2 of
Appendix 2 of EMBRAER EMB135/ERJ140/
EMB145 Maintenance Review Board Report
MRB–145/1150, Revision 11, dated
September 19, 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)
Threshold
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
28–41–01–720–001–
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; 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 28–41–36,
Revision 4, dated March 13, 2009.
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367–934–001
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Before the accumulation of
10,000 total
flight hours on
the FCU.
E:\FR\FM\23MRP1.SGM
Repetitive interval
(not to exceed)
Grace period
Within 90 days
after the effective date of this
AD.
23MRP1
10,000 flight hours
on the FCU
since the most
recent functional
check.
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Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules
TABLE 2—INSPECTIONS—Continued
Task No.
Description
Part No.
Compliance time
(whichever occurs later)
Threshold
28-41-01-720-001-A01 ..
28-41-04-720-001-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 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
ventral FCU (VFCU), in accordance
with Parker CMM 28-41-80, dated
April 3, 2009.
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.
367–934–005
Before the accumulation of
10,000 total
flight hours on
the VFCU.
Within 90 days
after the effective date of this
AD.
10,000 flight hours
on the VFCU
since the most
recent functional
check.
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 the applicable Parker
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,
Explanation of CDCCL Requirements
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
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.
VerDate Nov<24>2008
14:16 Mar 22, 2010
Jkt 220001
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Frm 00013
Grace period
367–934–002
CMM listed in Table 2 of this AD are
considered acceptable for compliance.
(2) The applicability of ANAC AD 2009–
08–03 includes Model EMB–135BJ airplanes.
This AD does not include that model because
that model is included in the applicability of
FAA AD 2008–13–15, Amendment 39–
15578. We are considering further
rulemaking to revise AD 2008–13–15.
(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).
(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)(1) of this AD.
Repetitive interval
(not to exceed)
Fmt 4702
Sfmt 4702
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 2007–08–02, 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 EMB135/ERJ140/
EMB145 Maintenance Review Board Report
E:\FR\FM\23MRP1.SGM
23MRP1
Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules
MRB–145/1150, Revision 11, dated
September 19, 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. 2010–6309 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–2010–0233; Directorate
Identifier 2009–NM–014–AD]
RIN 2120–AA64
Airworthiness Directives; Lockheed
Martin Corporation/Lockheed Martin
Aeronautics Company Model 382,
382B, 382E, 382F, and 382G Airplanes
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for all
Model 382, 382B, 382E, 382F, and 382G
airplanes. This proposed AD would
require repetitive eddy current
inspections to detect cracks in the
center wing upper and lower rainbow
fittings, and corrective actions if
necessary; and repetitive replacements
of rainbow fittings, which would extend
the repetitive interval for the next
inspection. This proposed AD results
from a report of fatigue cracking of the
wing upper and lower rainbow fittings
during durability testing and on inservice airplanes. Analysis of in-service
cracking has shown that these rainbow
fittings are susceptible to multiple site
fatigue damage. We are proposing this
AD to detect and correct such fatigue
cracks, which could grow large and lead
to the failure of the fitting and a
catastrophic failure of the center wing.
DATES: We must receive comments on
this proposed AD by May 7, 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.
VerDate Nov<24>2008
14:16 Mar 22, 2010
Jkt 220001
13695
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this proposed AD, contact Lockheed
Martin Corporation/Lockheed Martin
Aeronautics Company, Airworthiness
Office, Dept. 6A0M, Zone 0252, Column
P–58, 86 S. Cobb Drive, Marietta,
Georgia 30063; telephone 770–494–
5444; fax 770–494–5445; e-mail
ams.portal@lmco.com; Internet https://
www.lockheedmartin.com/ams/tools/
TechPubs.htmlx. 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.
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Examining the AD Docket
We have reviewed Lockheed Service
Bulletin 382–57–82, Revision 3,
including Appendixes A, B, and C,
dated April 25, 2008. The service
bulletin describes procedures for
repetitive eddy current inspections to
detect cracks in the center wing upper
and lower rainbow fittings. The service
bulletin specifies marking and reporting
suspected cracks but does not provide
corrective actions.
The service bulletin also describes
procedures for repetitively replacing the
upper and lower rainbow fittings, which
would extend the interval for the next
eddy current inspection. The
replacement includes related
investigative and corrective actions. The
related investigative actions consist of
two types of inspections: (1) A general
visual inspection for damage and
defects (including corrosion and
cracking) of the wing faying structure;
and (2) a primary automated bolt hole
eddy current (ABHEC) inspection to
detect cracks of all opened fitting
attachment fastener holes in the upper
and lower surface skin panel, stringers,
splice straps, and splice angles that are
common to the rainbow fittings prior to
installing the new rainbow fitting. The
service bulletin describes procedures for
a ‘‘redundant’’ (backup) ABHEC
inspection of any suspected damage.
The corrective actions consist of
repairing confirmed damage within
certain limits, and contacting the
manufacturer for damage that exceeds
those limits. The service bulletin
provides no corrective actions for
damage or defects found during the
visual inspection.
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(telephone 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Carl
Gray, Aerospace Engineer, Airframe
Branch, ACE–117A, FAA, Atlanta
Aircraft Certification Office (ACO), 1701
Columbia Avenue, College Park, Georgia
30337; telephone (404) 474–5554; fax
(404) 474–5606.
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–2010–0233; Directorate Identifier
2009–NM–014–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 because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
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Discussion
Fatigue cracking of the wing upper
and lower rainbow fittings during the
durability test and on in-service
airplanes indicates a requirement to
perform inspections prior to the current
published Hercules Airfreighter Series
Progressive Inspection Procedures and
Hercules Airfreighter Progressive
Inspection Procedures intervals.
Analysis of in-service cracking has
shown that these rainbow fittings are
susceptible to multiple site fatigue
damage. This condition, if not corrected,
could lead to the failure of the rainbow
fittings and a catastrophic failure of the
center wing.
Relevant Service Information
E:\FR\FM\23MRP1.SGM
23MRP1
]]>Agencies
[Federal Register Volume 75, Number 55 (Tuesday, March 23, 2010)]
[Proposed Rules]
[Pages 13689-13695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6309]
-----------------------------------------------------------------------
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
[[Page 13690]]
(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 W12-40, 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-2008-1079;
Directorate Identifier 2008-NM-116-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 61372). That earlier NPRM proposed to supersede
AD 2008-13-14, Amendment 39-15577 (73 FR 35904, 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, effective 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 comments 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 (FCU) and the
ventral FCU). Embraer states that a functional check of the FCU would
not entirely address the unsafe condition and that a functional check
of the safe-life features is necessary. Embraer notes that Parker
revised Component Maintenance Manual (CMM) 28-41-36 on March 5, 2007,
to include a functional check of
[[Page 13691]]
the safe-life features for FCU 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 in order to adequately
address the identified unsafe condition. We have revised Table 2 of
this AD to include FCU P/Ns 367-934-001, 367-934-002, and 367-934-005.
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 Manual 28[dash]41-36 with 4 March 13, 2009.
Illustrated Parts List for Fuel Conditioning Unit Part
Number 367-934-001.
Parker Component Maintenance Manual 28-41-69 with 2 March 13, 2009.
Illustrated Parts List for Fuel Conditioning Unit Part
Number 367-934-002.
Parker Component Maintenance Manual 28[dash]41-80 with Original April 3, 2009.
Illustrated Parts List for Fuel Conditioning Unit Part
Number 367-934-005.
----------------------------------------------------------------------------------------------------------------
Request To Extend Compliance Time
Two commenters request that we revise the ``grace period''
specified in Table 2 of the NPRM. ExpressJet Airlines states that the
availability of parts is a concern because many parts will be affected
by the end of the grace period (i.e., ``90 days after December 16,
2008'') specified in the NPRM. ExpressJet Airlines suggests that for
operators that did a functional check on the part, the grace period
should be revised to allow an additional 180 days for those parts.
Chautauqua Airlines also states that the grace period should be
extended due to lack of availability of parts.
We partially agree with the request to revise the compliance time.
Although we have not revised the compliance time as requested by the
commenter, we have 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.'' In addition,
under the provisions of paragraph (h)(1) of the supplemental NPRM, we
will consider requests for approval of an extension of the compliance
time if sufficient data are submitted to substantiate that the new
compliance time would provide an acceptable level of safety.
Request To Clarify Actions
Parker Hannifin states that the FCU is subject to fuel system
limitations (FSL) as defined in FAA Advisory Circular 25.981-1B. The
commenter states that there is an equivalent level of safety (ELS) for
continued airworthiness of the FCUs and that ESL specifies a 10,000-
flight-hour interval for a safe-life test, which includes a physical
inspection of FCU components and additional testing. The commenter
notes that returned units are subject to normal functional checks only.
The commenter concludes that the only way to be sure that all
inspections and tests of the safe-life test are done is if there is an
explicit request to do all actions or if the part is returned under a
previous agreement to perform the safe-life test; then the FCU may be
marked in accordance with the service bulletins.
We acknowledge Parker Hannifin's comments and infer the commenter
is requesting clarification of the actions. As stated previously, we
have revised Table 2 of the NPRM to clarify the actions; this
supplemental NPRM would require the actions for the safe-life test
specified in Table 2 of the supplemental NPRM.
We have also revised paragraph (g)(1) of this supplemental NPRM 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
The purpose of paragraph (f)(1) of the NPRM was to define the term
``MRBR'' as EMBRAER EMB135/ERJ140/EMB145 Maintenance Review Board
Report (MRBR) MRB-145/1150, Revision 11, dated September 19, 2007.
However, instead of using the term ``MRBR'' in this supplemental NPRM,
we have used the full document citation throughout, 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
[[Page 13692]]
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 41 products of U.S. registry.
The actions that are required by AD 2008-13-14 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 $3,485, 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 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 39-15577 (73 FR
35904, June 25, 2008) and adding the following new AD:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2008-1079; Directorate Identifier 2008-NM-116-AD.
Comments Due Date
(a) We must receive comments by April 19, 2010.
Affected ADs
(b) This AD supersedes AD 2008-13-14, Amendment 39-15577.
Applicability
(c) This AD applies to 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; certificated in any category; except for Model EMB-145LR
airplanes modified according to Brazilian Supplemental Type
Certificate 2002S06-09, 2002S06-10, or 2003S08-01.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (h) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI),
Brazilian Airworthiness Directive 2007-08-02, 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. * * *
The MCAI, Brazilian Airworthiness Directives 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 2008-13-14
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 EMB135/ERJ140/EMB145 Maintenance Review Board
Report MRB-145/1150, Revision 11, dated September 19, 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 EMB135/ERJ140/EMB145 Maintenance Review
Board Report MRB-145/1150, Revision 11, dated September 19, 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 EMB135/ERJ140/EMB145 Maintenance
Review Board Report MRB-145/1150, Revision 11, dated September 19,
2007, except as provided by paragraphs (f)(3) and (h) of this AD.
[[Page 13693]]
Table 1--Initial Inspections
--------------------------------------------------------------------------------------------------------------------------------------------------------
Compliance time (whichever occurs later)
Reference No. Description -----------------------------------------------------------------------
Threshold Grace period
--------------------------------------------------------------------------------------------------------------------------------------------------------
28-11-00-720-001-A00................... Functionally Check critical bonding Before the accumulation of 30,000 Within 90 days after December 16,
integrity of selected conduits inside total flight hours. 2008.
the wing tank, Fuel Pump and FQIS
connectors at tank wall by
conductivity measurements.
28-17-01-720-001-A00................... Functionally Check critical bonding Before the accumulation of 30,000 Within 90 days after December 16,
integrity of Fuel Pump, VFQIS and Low total flight hours. 2008.
Level SW connectors at tank wall by
conductivity measurements.
28-21-01-220-001-A00................... Inspect Electric Fuel Pump Connector... Before the accumulation of 10,000 Within 90 days after December 16,
total flight hours. 2008.
28-23-03-220-001-A00................... Inspect Pilot Valve harness inside the Before the accumulation of 20,000 Within 90 days after December 16,
conduit. total flight hours. 2008.
28-23-04-220-001-A00................... Inspect Vent Valve harness inside the Before the accumulation of 20,000 Within 90 days after December 16,
conduit. total flight hours. 2008.
28-27-01-220-001-A00................... Inspect Electric Fuel Transfer Pump Before the accumulation of 10,000 Within 90 days after December 16,
Connector. total flight hours. 2008.
28-41-03-220-001-A00................... Inspect FQIS harness for clamp and wire Before the accumulation of 20,000 Within 90 days after December 16,
jacket integrity. total flight hours. 2008.
28-41-07-220-001-A00................... Inspect VFQIS and Low Level SW Harness Before the accumulation of 20,000 Within 90 days after December 16,
for clamp and wire jacket integrity. total flight hours. 2008.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(2) Within 90 days after July 30, 2008 (the effective date of
AD 2008-13-14), 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 EMB135/ERJ140/EMB145
Maintenance Review Board Report MRB-145/1150, Revision 11, dated
September 19, 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-
41-04-720-001-A01 identified in Table 2 of this AD into Section
A2.5.2, Fuel System Limitation Items, of Appendix 2 of EMBRAER
EMB135/ERJ140/EMB145 Maintenance Review Board Report MRB-145/1150.
After incorporating Tasks 28-41-01-720-001-A01 and 28-41-04-720-001-
A01 identified in Table 2 of this AD, Tasks 28-41-01-720-001-A00 and
28-41-04-720-001-A00 identified in Section A2.5.2 of Appendix 2 of
EMBRAER EMB135/ERJ140/EMB145 Maintenance Review Board Report MRB-
145/1150, Revision 11, dated September 19, 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 367-934-001 Before the Within 90 days after 10,000 flight hours on
functional check as shown accumulation of the effective date of the FCU since the
in Testing and Fault 10,000 total flight this AD. most recent
Isolation sections 1, 2, hours on the FCU. functional check.
and 3; an external visual
inspection as shown in the
Check section 2; an
internal visual inspection
as shown in the Repair
section; 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 28-41-36,
Revision 4, dated March 13,
2009.
[[Page 13694]]
28[dash]41[dash]01[dash]720[dash]001 Perform an initial 367-934-002 Before the Within 90 days after 10,000 flight hours on
[dash]A01. functional check as shown accumulation of the effective date of the FCU since the
in Testing and Fault 10,000 total flight this AD. most recent
Isolation sections 1, 2, hours on the FCU. functional check.
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 fuel
conditioning unit (FCU), in
accordance with Parker CMM
28-41-69, Revision 2, dated
March 13, 2009.
28[dash]41[dash]04[dash]720[dash]001 Perform an initial 367-934-005 Before the Within 90 days after 10,000 flight hours on
[dash]A01. functional check as shown accumulation of the effective date of the VFCU since the
in Testing and Fault 10,000 total flight this AD. most recent
Isolation sections 1, 2, hours on the VFCU. functional check.
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 ventral FCU
(VFCU), in accordance with
Parker CMM
28[dash]41[dash]80, 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)(1) 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 the applicable Parker CMM listed in Table 2 of this
AD are considered acceptable for compliance.
(2) The applicability of ANAC AD 2009-08-03 includes Model EMB-
135BJ airplanes. This AD does not include that model because that
model is included in the applicability of FAA AD 2008-13-15,
Amendment 39-15578. We are considering further rulemaking to revise
AD 2008-13-15.
(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 2007-08-02,
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 EMB135/ERJ140/EMB145 Maintenance Review Board
Report
[[Page 13695]]
MRB-145/1150, Revision 11, dated September 19, 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. 2010-6309 Filed 3-22-10; 8:45 am]
BILLING CODE 4910-13-P
