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, 47184-47190 [2010-18293]
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47184
Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2010–15–06 GROB–WERKE GMBH & CO
KG: Amendment 39–16372; Docket No.
FAA–2010–0458; Directorate Identifier
2010–CE–023–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective September 9, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to GROB–WERKE
GMBH & CO KG Models G102 ASTIR CS and
G102 STANDARD ASTIR III gliders, all serial
numbers, that are:
(1) certificated in any category; and
(2) have water ballast equipment installed
(the water ballast equipment could have been
included as part of an option).
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Subject
(d) Air Transport Association of America
(ATA) Code 41: Water Ballast.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
During an annual inspection, a water
ballast hose connector was found
disconnected from the fuselage wall of an
Astir CS.
The investigation has shown that the hosefuselage connection bonding has been
degraded over years of service.
This condition, if not corrected, could lead
to the following consequences:
—The water contained in the wing tanks
could run down into the fuselage and
fuselage tail which could cause a
displacement of the sailplane centre of
gravity and consequently may lead to the
loss of the sailplane controllability, or/and
—The loosened hose may jam the flight
controls (push rods) and consequently may
lead to the loss of the sailplane
controllability.
For the reason stated above, the original
issue of this AD required the inspection of
the waterballast system hose-fuselage
connections and the accomplishment of the
relevant corrective actions (repair) as
necessary.
This AD is revised to clarify the purpose
of the insertion of the repetitive inspection in
the Aircraft Maintenance Programme and to
refer to a more appropriate scheduled
maintenance review for the insertion of the
repetitive inspection in the Aircraft
Maintenance Programme.
Actions and Compliance
(f) Unless already done, do the following
actions:
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Jkt 220001
(1) Within 30 days after September 9, 2010
(the effective date of this AD) and repetitively
thereafter at intervals not to exceed 12
months, inspect the bonding between the
water ballast system hose connectors and the
fuselage wall connectors for correct and tight
connection following paragraph 1.8 of Grob
Aircraft Service Bulletin No. MSB–GROB–
003, dated October 21, 2009.
(2) If, during any inspection required by
paragraph (f)(1) of this AD, any weak bonding
is found, before further flight, repair the
connection between the water ballast system
hose connectors and the fuselage wall
connectors following the instructions of
paragraph 1.8 of Grob Aircraft Service
Bulletin No. MSB–GROB–003, dated October
21, 2009.
(3) After September 9, 2010 (the effective
date of this AD), when installing a water
ballast system on any affected sailplane,
ensure that the water ballast system hose
connectors and the fuselage wall connector
are properly and tightly bonded.
(4) Within 30 days after September 9, 2010
(the effective date of this AD), insert the
following scheduled maintenance task into
the FAA-approved aircraft maintenance
program: ‘‘During each annual inspection and
without exceeding a 12-month interval,
inspect the bonding between the water
ballast system hose connectors and the
fuselage wall connectors for correct and tight
connection. Repair any incorrect or loose
connection.’’
FAA AD Differences
Note: 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, Standards Office,
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: Greg Davison, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4130; fax: (816) 329–
4090. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act
(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.
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Sfmt 4700
Related Information
(h) Refer to MCAI European Aviation
Safety Agency AD No.: 2010–0053R1, dated
April 14, 2010; and Grob Aircraft Service
Bulletin No. MSB–GROB–003, dated October
21, 2009, for related information.
Material Incorporated by Reference
(i) You must use Grob Aircraft Service
Bulletin No. MSB–GROB–003, dated October
21, 2009, to do the actions required by this
AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Grob Aircraft, Head of
Customer Service & Support, Lettenbachstr.
9, Tussenhausen-Mattsies, Germany;
telephone: +49 (0) 8268 998 139; fax: +49 (0)
8268 998 200; E-mail: productsupport@grobaircraft.com; Internet: www.grob-aircraft.com
and/or https://www.firecmm.com.
(3) You may review copies of the service
information incorporated by reference for
this AD at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas
City, Missouri 64106. For information on the
availability of this material at the Central
Region, call (816) 329–3768.
(4) You may also review copies of the
service information incorporated by reference
for this AD at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call (202) 741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Kansas City, Missouri, on July 15,
2010.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2010–18289 Filed 8–4–10; 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; Amendment
39–16377; AD 2010–16–01]
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
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations
We are superseding an
existing airworthiness directive (AD) for
the products listed above. This AD
results from mandatory continuing
airworthiness information (MCAI)
issued by an airworthiness 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:
SUMMARY:
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 new MCAI, Brazilian
Airworthiness Directive 2009–08–03,
effective August 20, 2009, describes the
unsafe condition as:
wwoods2 on DSK1DXX6B1PROD with RULES_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.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
September 9, 2010.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of September 9, 2010.
On July 30, 2008 (73 FR 35904, June
25, 2008), the Director of the Federal
Register approved the incorporation by
reference of a certain publication listed
in this AD.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
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:
Discussion
We issued a supplemental notice of
proposed rulemaking (NPRM) to amend
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15:16 Aug 04, 2010
Jkt 220001
14 CFR part 39 to include an AD that
would apply to the specified products.
That supplemental NPRM was
published in the Federal Register on
March 23, 2010 (75 FR 13689), and
proposed to supersede AD 2008–13–14,
Amendment 39–15577 (73 FR 35904,
June 25, 2008). That NPRM proposed to
require revision of the airworthiness
limitations section of the Instructions
for Continued Airworthiness to
incorporate new limitations for fuel tank
systems. 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
(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 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. You
may obtain further information by
examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Request To Allow Service Bulletin for
Compliance
ExpressJet Airlines and EMBRAER
request that we revise the supplemental
NPRM to consider Parker Service
Bulletin 367–934–28–110, Revision A,
dated December 19, 2006, as
documentation for past compliance with
the inspections and functional checks of
the safe-life features.
ExpressJet reports that, since early
2007, Parker has been referencing this
service bulletin (by marking the
inspected units with the service bulletin
number and date of accomplishment) to
show compliance with these
inspections.
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47185
EMBRAER notes that the fuel
conditioning unit (FCU) and the ventral
fuel conditioning unit (VFCU) are
manufactured by Parker. To clarify
which checks and inspections are to be
performed on the FCU and VFCU, and
ensure that the safe-life features are
maintained, Parker has published
Component Maintenance Manuals
(CMMs) 28–41–36, Revision 4, dated
March 13, 2009; 28–41–69, Revision 2,
dated March 13, 2009; and 28–41–80,
dated April 3, 2009. Parker also issued
Test Manual (TM) 4213–025,
‘‘Identicallity of Testing Performed—
EMB–145 FCU CMM 28–41–XX/Service
Bulletin 367–934–28–110 for EMB–145
FAMILY—Fuel Conditioning Units,’’
Revision A, dated October 13, 2009.
EMBRAER states that the purpose of the
TM is to describe the identicality of the
testing performed on EMB–145 FCUs
returned under the current service
bulletin to the CMMs. The TM
substantiates that all CUs already in
compliance with the 10,000-flight-hour
inspection in accordance with Parker
Service Bulletin 367–934–28–110 have
had the equivalent inspection to the
safe-life testing required in the CMMs.
EMBRAER reports that, when an FCU is
returned to the field after having the
service bulletin incorporated, the unit is
returned to the customer with an FAA
8130–3 tag indicating that Parker
Service Bulletin 367–934–28–110 was
accomplished, and the FCU is also
marked accordingly.
We agree with the request and the
commenters’ rationale. We have added
a provision to this AD to consider FCUs
inspected by Parker and marked with
the service bulletin number and the date
of accomplishment to be in compliance
with the requirements of paragraph
(g)(1) of this AD.
Conclusion
We reviewed the available data,
including the comments received, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
We determined that these changes will
not increase the economic burden on
any operator or increase the scope of the
AD.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable in a U.S.
court of law. In making these changes,
we do not intend to differ substantively
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Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations
from the information provided in the
MCAI and related service information.
We might also have required different
actions in this AD from those in the
MCAI in order to follow our FAA
policies. Any such differences are
described in a separate paragraph of the
AD. These requirements, if any, take
precedence over the actions copied from
the MCAI.
Costs of Compliance
Based on the service information, we
estimate that this AD affects about 41
products of U.S. registry.
The actions that are required by AD
2008–13–14 and retained in this 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 takes about 1
work-hour per product to comply with
the new basic requirements of this AD.
The average labor rate is $85 per workhour. Based on these figures, we
estimate the cost of the 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.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Regulatory Findings
We determined that this AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
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15:16 Aug 04, 2010
Jkt 220001
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD Docket.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains the NPRM, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Operations office (telephone
(800) 647–5527) is in the ADDRESSES
section. Comments will be available in
the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
■
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Amendment 39–15577 (73 FR
35904, June 25, 2008) and adding the
following new AD:
■
2010–16–01 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–16377. Docket No.
FAA–2008–1079; Directorate Identifier
2008–NM–116–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective September 9, 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,
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Frm 00016
Fmt 4700
Sfmt 4700
–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
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–
13–14
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
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Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations
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
47187
Report MRB–145/1150, Revision 11, dated
September 19, 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
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.
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
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.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
(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.
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15:16 Aug 04, 2010
Jkt 220001
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
total flight
Before the
total flight
Before the
total flight
Before the
total flight
Before the
total flight
Before the
total flight
Within 90
2008.
Within 90
2008.
Within 90
2008.
Within 90
2008.
Within 90
2008.
Within 90
2008.
accumulation
hours.
accumulation
hours.
accumulation
hours.
accumulation
hours.
accumulation
hours.
accumulation
hours.
of 10,000
of 20,000
of 20,000
of 10,000
of 20,000
of 20,000
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
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Sfmt 4700
days after December 16,
days after December 16,
days after December 16,
days after December 16,
days after December 16,
days after December 16,
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. FCUs on which Parker has
performed the initial tasks required by this
paragraph before the effective date of this
AD, and which are marked with ‘‘Service
Bulletin 367–934–28–110, Revision A’’ and
the date of accomplishment, are in
compliance with the corresponding task
required by this paragraph.
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PO 00000
28–41–04–720–001–A01 ....
28–41–01–720–001–A01 ....
28–41–01–720–001–A01 ....
Task No.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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 Component Maintenance Manual (CMM)
28–41–36, Revision 4, 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 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.
Description
367–934–005
367–934–002
367–934–001
Part No.
Threshold
Before the accumulation of
10,000 total flight hours
on the VFCU.
Before the accumulation of
10,000 total flight hours
on the FCU.
Within 90 days after the
effective date of this AD.
Within 90 days after the
effective date of this AD.
Within 90 days after the
effective date of this AD.
Grace period
Compliance time
(whichever occurs later)
Before the accumulation of
10,000 total flight hours
on the FCU.
TABLE 2—INSPECTIONS
10,000 flight hours on the
VFCU since the most
recent functional check.
10,000 flight hours on the
FCU since the most recent functional check.
10,000 flight hours on the
FCU since the most recent functional check.
Repetitive interval
(not to exceed)
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(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.
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).
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.
Explanation of CDCCL Requirements
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
(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
MRB–145/1150, Revision 11, dated
September 19, 2007; and the Parker CMMs
listed in Table 2 of this AD; for related
information.
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) The applicability of Brazilian AD 2009–
08–03, effective August 20, 2009, 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.
(2) 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
Related Information
Material Incorporated by Reference
(j) You must use the applicable service
information contained in Table 3 of this AD
to do the actions required by this AD, unless
the AD specifies otherwise. (Parker
Component Maintenance Manual 28–41–36,
Revision 4, dated March 13, 2009, contains
an incorrect date on page 105; the correct
date is March 13, 2009.) (Parker Component
Maintenance Manual 28–41–69, Revision 2,
dated March 13, 2009, contains the following
errors: Page 105 contains an incorrect date;
the correct date is March 13, 2009; and there
are 3 pages identified with the same page
number (i.e., LEP–2); the first page identified
as LEP–2 (i.e., Sheet 1 of 2) should be
identified as LEP–1 and the third page
identified as LEP–2 (i.e., the blank page)
should be identified as LEP–3.)
TABLE 3—ALL MATERIAL INCORPORATED BY REFERENCE
Document
Revision
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 MRB–145/1150.
Parker Component Maintenance Manual 28–41–36 ...............................................................
Parker Component Maintenance Manual 28–41–69 ...............................................................
Parker Component Maintenance Manual 28–41–80 ...............................................................
11 ...........................................
September 19,
2007.
4 .............................................
2 .............................................
Original ...................................
March 13, 2009.
March 13, 2009.
April 3, 2009.
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information contained in Table 4
Date
of this AD under 5 U.S.C. 552(a) and 1 CFR
part 51.
TABLE 4—NEW MATERIAL INCORPORATED BY REFERENCE
Revision
Parker Component Maintenance Manual 28–41–36 ..............................................
Parker Component Maintenance Manual 28–41–69 ..............................................
Parker Component Maintenance Manual 28–41–80 ..............................................
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Document
4 .............................................................
2 .............................................................
Original ...................................................
(2) The Director of the Federal Register
previously approved the incorporation by
reference of 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
MRB–145/1150, Revision 11, dated
VerDate Mar<15>2010
15:16 Aug 04, 2010
Jkt 220001
September 19, 2007, on July 30, 2008 (73 FR
35904, June 25, 2008).
(3) For EMBRAER service information
identified in this AD, contact Empresa
Brasileira de Aeronautica S.A. (EMBRAER),
Technical Publications Section (PC 060), Av.
Brigadeiro Faria Lima, 2170-Putim-12227–
˜
901 Sao Jose dos Campos-SP-BRASIL;
PO 00000
Frm 00019
Fmt 4700
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Date
March 13, 2009.
March 13, 2009.
April 3, 2009.
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. For Parker service
information identified in this AD, contact
Parker Hannifin Corporation, Aerospace
Group, Electronic Systems Division, 300
Marcus Boulevard, Smithtown, New York
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Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations
11787; telephone 631–231–3737; e-mail
csoengineering@parker.com; Internet: https://
www.parker.com.
(4) You may review copies of the 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.
(5) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington on July 16,
2010.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–18293 Filed 8–4–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0716; Directorate
Identifier 2008–NM–212–AD; Amendment
39–16378; AD 2010–16–02]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135
Airplanes; and Empresa Brasileira de
Aeronautica S.A. (EMBRAER) Model
EMB–145, –145ER, –145MR, –145LR,
–145XR, –145MP, and –145EP
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
SUMMARY:
It has been found the occurrence of
corrosion on the Auxiliary Power Unit (APU)
mounting rods that could cause the APU rod
to break, affecting the APU support structure
integrity.
APU support structure failure could
result in loss of power of the APU and
possible loss of control of the airplane.
We are issuing this AD to require
VerDate Mar<15>2010
15:16 Aug 04, 2010
Jkt 220001
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
September 9, 2010. The Director of the
Federal Register approved the
incorporation by reference of certain
publications listed in this AD as of
September 9, 2010.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
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:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on August 19, 2009 (74 FR
41807). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
It has been found the occurrence of
corrosion on the Auxiliary Power Unit (APU)
mounting rods that could cause the APU rod
to break, affecting the APU support structure
integrity.
APU support structure failure could
result in loss of power of the APU and
possible loss of control of the airplane.
The required action is doing an external
detailed inspection for corrosion of the
APU auxiliary and center mounting rods
and rod ends, and corrective actions if
necessary. Corrective actions include
removing corrosion, applying
anticorrosive treatment, and replacing
mounting rods. You may obtain further
information by examining the MCAI in
the AD docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Request for Bridging Requirements for
Previously Accomplished Actions
American Eagle Airlines (AEA)
requests that we revise the NPRM to
include ‘‘bridging requirements.’’ AEA
states that it agrees with the repetitive
inspections in the NPRM; however,
AEA asserts that there are no bridging
requirements to reach the repetitive
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
inspections for airplanes that have
already accomplished EMBRAER
Service Bulletin 145–49–0034, Revision
01, dated September 8, 2008. AEA states
that bridging requirements are necessary
for initializing a repetitive inspection
with the initial compliance time of 500
flight hours or 2 months after the
effective date of this AD.
We agree with AEA that bridging
requirements would be necessary given
the proposed compliance times.
However, since the NPRM was issued,
we have received sufficient technical
information to support an extension of
the proposed compliance time. We have
determined that changing the initial
compliance time from 500 flight hours
or 2 months after the effective date of
this AD to 1,500 flight hours or 180 days
after the effective date of this AD, will
provide an acceptable level of safety.
The new compliance time correlates
with Brazilian Airworthiness Directive
2008–10–02, effective October 21, 2008.
With the extended compliance times,
there should not be a need for bridging
requirements. If however, AEA believes
that such requirements are still
necessary, it may apply for an
alternative method of compliance
(AMOC) in accordance with the
provisions specified in paragraph (g)(1)
of this AD.
Request To Revise the Unsafe Condition
Specified in Paragraph (e) of the NPRM
EMBRAER states that the
undetectable fire condition described in
the NPRM is not verifiable since two
events must happen for APU rod
breakage to occur.
EMBRAER states that the first event is
a fire, because the rod breakage by itself
is not enough to promote sparks or
overheating of any kind. EMBRAER also
states that the rod breakage has not been
shown to cause leakage of APU oil in
the gearbox, or leakage of the fuel lines
in the compartment. EMBRAER states
both ignition sources and flammable
fluids would be required to ignite a fire.
EMBRAER states that for the second
event to occur, a fire must start due to
the unforeseeable scenario described
previously, at which time damage to the
fire detector, located in the vicinity of
the combustion chamber and accessory
gearbox, could occur. EMBRAER states
that in-service experience demonstrates
that the fire detector must be punctured
or extensively crushed for it to lose its
capability to detect a fire. Even if that
happens, EMBRAER states that the
integrity monitoring circuitry of the fire
detector is capable of warning the
flightcrew if the detector becomes
inoperative. EMBRAER also states that
in the event of fire detection failure,
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]]>Agencies
[Federal Register Volume 75, Number 150 (Thursday, August 5, 2010)]
[Rules and Regulations]
[Pages 47184-47190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18293]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-1079; Directorate Identifier 2008-NM-116-AD;
Amendment 39-16377; AD 2010-16-01]
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), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 47185]]
SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. This AD results from mandatory
continuing airworthiness information (MCAI) issued by an airworthiness
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 (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.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective September 9, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 9,
2010.
On July 30, 2008 (73 FR 35904, June 25, 2008), the Director of the
Federal Register approved the incorporation by reference of a certain
publication listed in this AD.
ADDRESSES: You may examine the AD docket on the Internet at https://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: 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:
Discussion
We issued a supplemental notice of proposed rulemaking (NPRM) to
amend 14 CFR part 39 to include an AD that would apply to the specified
products. That supplemental NPRM was published in the Federal Register
on March 23, 2010 (75 FR 13689), and proposed to supersede AD 2008-13-
14, Amendment 39-15577 (73 FR 35904, June 25, 2008). That NPRM proposed
to require revision of the airworthiness limitations section of the
Instructions for Continued Airworthiness to incorporate new limitations
for fuel tank systems. 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 (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 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
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request To Allow Service Bulletin for Compliance
ExpressJet Airlines and EMBRAER request that we revise the
supplemental NPRM to consider Parker Service Bulletin 367-934-28-110,
Revision A, dated December 19, 2006, as documentation for past
compliance with the inspections and functional checks of the safe-life
features.
ExpressJet reports that, since early 2007, Parker has been
referencing this service bulletin (by marking the inspected units with
the service bulletin number and date of accomplishment) to show
compliance with these inspections.
EMBRAER notes that the fuel conditioning unit (FCU) and the ventral
fuel conditioning unit (VFCU) are manufactured by Parker. To clarify
which checks and inspections are to be performed on the FCU and VFCU,
and ensure that the safe-life features are maintained, Parker has
published Component Maintenance Manuals (CMMs) 28-41-36, Revision 4,
dated March 13, 2009; 28-41-69, Revision 2, dated March 13, 2009; and
28-41-80, dated April 3, 2009. Parker also issued Test Manual (TM)
4213-025, ``Identicallity of Testing Performed--EMB-145 FCU CMM 28-41-
XX/Service Bulletin 367-934-28-110 for EMB-145 FAMILY--Fuel
Conditioning Units,'' Revision A, dated October 13, 2009. EMBRAER
states that the purpose of the TM is to describe the identicality of
the testing performed on EMB-145 FCUs returned under the current
service bulletin to the CMMs. The TM substantiates that all CUs already
in compliance with the 10,000-flight-hour inspection in accordance with
Parker Service Bulletin 367-934-28-110 have had the equivalent
inspection to the safe-life testing required in the CMMs. EMBRAER
reports that, when an FCU is returned to the field after having the
service bulletin incorporated, the unit is returned to the customer
with an FAA 8130-3 tag indicating that Parker Service Bulletin 367-934-
28-110 was accomplished, and the FCU is also marked accordingly.
We agree with the request and the commenters' rationale. We have
added a provision to this AD to consider FCUs inspected by Parker and
marked with the service bulletin number and the date of accomplishment
to be in compliance with the requirements of paragraph (g)(1) of this
AD.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable in a U.S. court of
law. In making these changes, we do not intend to differ substantively
[[Page 47186]]
from the information provided in the MCAI and related service
information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are described in a separate paragraph of the AD. These requirements, if
any, take precedence over the actions copied from the MCAI.
Costs of Compliance
Based on the service information, we estimate that this AD affects
about 41 products of U.S. registry.
The actions that are required by AD 2008-13-14 and retained in this
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 takes about 1 work-hour per product to comply
with the new basic requirements of this AD. The average labor rate is
$85 per work-hour. Based on these figures, we estimate the cost of the
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 AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing Amendment 39-15577 (73 FR
35904, June 25, 2008) and adding the following new AD:
2010-16-01 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16377. Docket No. FAA-2008-1079; Directorate Identifier
2008-NM-116-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective
September 9, 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 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 2008-13-14
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
[[Page 47187]]
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.
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.
28-17-01-720-001-A00............. Functionally Check Before the accumulation Within 90 days after
critical bonding of 30,000 total flight December 16, 2008.
integrity of Fuel Pump, hours.
VFQIS and Low Level SW
connectors at tank wall
by conductivity
measurements.
28-21-01-220-001-A00............. Inspect Electric Fuel Before the accumulation Within 90 days after
Pump Connector. of 10,000 total flight December 16, 2008.
hours.
28-23-03-220-001-A00............. Inspect Pilot Valve Before the accumulation Within 90 days after
harness inside the of 20,000 total flight December 16, 2008.
conduit. hours.
28-23-04-220-001-A00............. Inspect Vent Valve Before the accumulation Within 90 days after
harness inside the of 20,000 total flight December 16, 2008.
conduit. hours.
28-27-01-220-001-A00............. Inspect Electric Fuel Before the accumulation Within 90 days after
Transfer Pump Connector. of 10,000 total flight December 16, 2008.
hours.
28-41-03-220-001-A00............. Inspect FQIS harness for Before the accumulation Within 90 days after
clamp and wire jacket of 20,000 total flight December 16, 2008.
integrity. hours.
28-41-07-220-001-A00............. Inspect VFQIS and Low Before the accumulation Within 90 days after
Level SW Harness for of 20,000 total flight December 16, 2008.
clamp and wire jacket hours.
integrity.
----------------------------------------------------------------------------------------------------------------
(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. FCUs on which Parker has performed the initial tasks
required by this paragraph before the effective date of this AD, and
which are marked with ``Service Bulletin 367-934-28-110, Revision
A'' and the date of accomplishment, are in compliance with the
corresponding task required by this paragraph.
[[Page 47188]]
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 367-934-001 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 hours on the FCU. functional check.
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 Component
Maintenance Manual (CMM) 28-41-36,
Revision 4, dated March 13, 2009.
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 hours on the FCU. functional check.
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 FCU,
in accordance with Parker CMM 28-
41-69, Revision 2, dated March 13,
2009.
28-41-04-720-001-A01............. Perform an initial functional check 367-934-005 Before the Within 90 days after 10,000 flight hours
as shown in Testing and Fault accumulation of the effective date on the VFCU since
Isolation sections 1, 2, and 3; an 10,000 total flight of this AD. the most recent
external visual inspection as hours on the VFCU. functional check.
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 47189]]
(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) The applicability of Brazilian AD 2009-08-03, effective
August 20, 2009, 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.
(2) 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 MRB-145/1150, Revision 11, dated September 19, 2007; and the
Parker CMMs listed in Table 2 of this AD; for related information.
Material Incorporated by Reference
(j) You must use the applicable service information contained in
Table 3 of this AD to do the actions required by this AD, unless the
AD specifies otherwise. (Parker Component Maintenance Manual 28-41-
36, Revision 4, dated March 13, 2009, contains an incorrect date on
page 105; the correct date is March 13, 2009.) (Parker Component
Maintenance Manual 28-41-69, Revision 2, dated March 13, 2009,
contains the following errors: Page 105 contains an incorrect date;
the correct date is March 13, 2009; and there are 3 pages identified
with the same page number (i.e., LEP-2); the first page identified
as LEP-2 (i.e., Sheet 1 of 2) should be identified as LEP-1 and the
third page identified as LEP-2 (i.e., the blank page) should be
identified as LEP-3.)
Table 3--All Material Incorporated by Reference
------------------------------------------------------------------------
Document Revision Date
------------------------------------------------------------------------
Sections A2.5.2, Fuel System 11............. September 19, 2007.
Limitation Items, and A2.4,
Critical Design Configuration
Control Limitation (CDCCL),
of Appendix 2 of EMBRAER
EMB135/ERJ140/EMB145
Maintenance Review Board
Report MRB-145/1150.
Parker Component Maintenance 4.............. March 13, 2009.
Manual 28-41-36.
Parker Component Maintenance 2.............. March 13, 2009.
Manual 28-41-69.
Parker Component Maintenance Original....... April 3, 2009.
Manual 28-41-80.
------------------------------------------------------------------------
(1) The Director of the Federal Register approved the
incorporation by reference of the service information contained in
Table 4 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.
Table 4--New Material Incorporated by Reference
------------------------------------------------------------------------
Document Revision Date
------------------------------------------------------------------------
Parker Component Maintenance 4............... March 13, 2009.
Manual 28-41-36.
Parker Component Maintenance 2............... March 13, 2009.
Manual 28-41-69.
Parker Component Maintenance Original........ April 3, 2009.
Manual 28-41-80.
------------------------------------------------------------------------
(2) The Director of the Federal Register previously approved the
incorporation by reference of 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 MRB-145/1150, Revision 11, dated
September 19, 2007, on July 30, 2008 (73 FR 35904, June 25, 2008).
(3) For EMBRAER service information identified in this AD,
contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170-
Putim-12227-901 S[atilde]o Jose dos Campos-SP-BRASIL; telephone +55
12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; e-mail
distrib@embraer.com.br; Internet: https://www.flyembraer.com. For
Parker service information identified in this AD, contact Parker
Hannifin Corporation, Aerospace Group, Electronic Systems Division,
300 Marcus Boulevard, Smithtown, New York
[[Page 47190]]
11787; telephone 631-231-3737; e-mail csoengineering@parker.com;
Internet: https://www.parker.com.
(4) You may review copies of the 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.
(5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington on July 16, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-18293 Filed 8-4-10; 8:45 am]
BILLING CODE 4910-13-P
