Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ Airplanes, 437-441 [2010-32998]

Download as PDF Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations FAA, Wichita Aircraft Certification Office (ACO), 1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas 67209; telephone (316) 946–4154; fax (316) 946– 4107. Material Incorporated by Reference (k) You must use B/E Aerospace Service Bulletin 119003–35–5, dated April 19, 2010, 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 B/E Aerospace Service Bulletin 119003–35– 5, dated April 19, 2010, under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in this AD, contact B/E Aerospace, Inc., Commercial Aircraft Products Group, RGA Department, 10800 Pflumm Road, Lenexa, KS 66215; telephone (913) 338–7378; fax (913) 469–8419; Internet https:// www.beaerospace.com. (3) 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. (4) 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 an NARA facility, 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 December 17, 2010. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010–32994 Filed 1–4–11; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–1080; Directorate Identifier 2008–NM–118–AD; Amendment 39–16554; AD 2011–01–01] RIN 2120–AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135BJ Airplanes 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. * * * * * We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective February 9, 2011. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of February 9, 2011. On July 30, 2008 (73 FR 35908, June 25, 2008), the Director of the Federal Register approved the incorporation by reference of certain other publications 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: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. Discussion We are superseding an existing airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) 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 AGENCY: WReier-Aviles on DSKGBLS3C1PROD with RULES originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The earlier MCAI, Brazilian Airworthiness Directive 2007–08–01, effective September 27, 2007, describes the unsafe condition as: SUMMARY: VerDate Mar<15>2010 15:20 Jan 04, 2011 Jkt 223001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 437 published in the Federal Register on March 23, 2010 (75 FR 13684), and proposed to supersede AD 2008–13–15, Amendment 39–15578 (73 FR 35908, June 25, 2008). That supplemental NPRM proposed to correct an unsafe condition for the specified products. Brazilian Airworthiness Directive 2007– 08–01, effective September 27, 2007, describes the unsafe condition as: Fuel system reassessment, performed according to RBHA–E88/SFAR–88 (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. * * * 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 comment received. Request To Consider Additional Service Information The commenter, EMBRAER, requested that we revise the supplemental NPRM to include Parker Service Bulletin 367–934–28–110, Revision A, dated December 19, 2006, as acceptable for compliance with the proposed requirements. Parker makes the fuel conditioning unit (FCU) and ventral fuel conditioning unit (VFCU). Parker revised certain references within that service bulletin, clarifying all checks and inspections to be performed on the FCU and/or FVCU to ensure that the ‘‘safe life’’ features are maintained. Parker also published certain data substantiating that CUs in compliance with the 10,000-flight-hour inspection in accordance with Parker Service Bulletin 367–934–28–110, Revision A, dated December 19, 2006, have had the equivalent inspection to the safe-life E:\FR\FM\05JAR1.SGM 05JAR1 438 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations testing required in the recently updated references. When an FCU is returned to the field after having that service bulletin incorporated, the unit is returned to the customer with an FAA 8130–3 tag indicating that the service bulletin was done, and the FCU is also marked to indicate that service bulletin. We agree with the request and the commenter’s rationale. We have added a provision to paragraph (g)(1) of this AD to consider FCUs inspected by Parker and marked with Parker Service Bulletin 367–934–28–110 and the date of accomplishment to be in compliance with the requirements of paragraph (g)(1) of this AD. We have also revised the previous NPRM by removing paragraph (1) of Note 3, which implied that the Parker service bulletin was not acceptable for compliance. Additional Change to Supplemental NPRM We have revised paragraph (g)(1) and added new Note 2 in this final rule to clarify the requirements to incorporate new limitations for fuel tank systems. Conclusion We reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a NOTE within the AD. WReier-Aviles on DSKGBLS3C1PROD with RULES Costs of Compliance Based on the service information, we estimate that this AD affects about 43 products of U.S. registry. The actions that are required by AD 2008–13–15 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 VerDate Mar<15>2010 15:20 Jan 04, 2011 Jkt 223001 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 new requirements on U.S. operators to be $3,655, or $85 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 39–15578 (73 FR 35908, June 25, 2008) and adding the following new AD: ■ 2011–01–01 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Amendment 39–16554. Docket No. FAA–2008–1080; Directorate Identifier 2008–NM–118–AD. Effective Date (a) This airworthiness directive (AD) becomes effective February 9, 2011. Affected ADs (b) This AD supersedes AD 2008–13–15, Amendment 39–15578. Applicability (c) This AD applies to all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135BJ airplanes, certificated in any category. Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections. Compliance with these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (h)(1) of this AD. The request should include a description of changes to the required inspections that will ensure the continued operational safety of the airplane. Subject (d) Air Transport Association (ATA) of America Code 28: Fuel. E:\FR\FM\05JAR1.SGM 05JAR1 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations Reason (e) The mandatory continuing airworthiness information (MCAI), Brazilian Airworthiness Directive 2007–08–01, effective September 27, 2007, states: Fuel system reassessment, performed according to RBHA–E88/SFAR–88 (Regulamento Brasileiro de Homologacao Aeronautica 88/Special Federal Aviation Regulation No. 88), requires the inclusion of new maintenance tasks in the Critical Design Configuration Control Limitations (CDCCL) and in the Fuel System Limitations (FSL), necessary to preclude ignition sources in the fuel system. * * * And the MCAI, Brazilian Airworthiness Directive 2009–08–03, effective August 20, 2009, states: An airplane fuel tank systems review required by Special Federal Aviation Regulation Number 88 (SFAR 88) and ‘‘RBHA ´ Especial Numero 88’’ (RBHA E 88) has shown that additional maintenance and inspection instructions are necessary to maintain the design features required to preclude the existence or development of an ignition source within the fuel tanks of the airplane. * * * * * The corrective action is revising the Airworthiness Limitations Section (ALS) of the Instructions for Continued Airworthiness (ICA) to incorporate new limitations for fuel tank systems. Restatement of Requirements of AD 2008– 13–15 Actions and Compliance (f) Unless already done, do the following actions. (1) Before December 16, 2008, revise the ALS of the ICA to incorporate Section A2.5.2, 439 Fuel System Limitation Items, of Appendix 2 of EMBRAER Legacy BJ—Maintenance Planning Guide MPG–1483, Revision 5, dated March 22, 2007, except as provided by paragraph (g) of this AD. Except as required by paragraph (g) of this AD, for all tasks identified in Section A2.5.2 of Appendix 2 of EMBRAER Legacy BJ—Maintenance Planning Guide MPG–1483, Revision 5, dated March 22, 2007, the initial compliance times start from the applicable times specified in table 1 of this AD; and the repetitive inspections must be accomplished thereafter at the interval specified in Section A2.5.2 of Appendix 2 of EMBRAER Legacy BJ— Maintenance Planning Guide MPG–1483, Revision 5, dated March 22, 2007, except as provided by paragraphs (f)(3) and (h) of this AD. TABLE 1—INITIAL INSPECTIONS Reference No. Compliance time (whichever occurs later) Description Threshold 28–11–00–720–001–A00 .... 28–21–01–220–001–A00 .... Functionally Check critical bonding integrity of selected conduits inside the wing tank, Fuel Pump and FQIS connectors at tank wall by conductivity measurements. Functionally Check Aft Fuel tank critical bonding integrity of Fuel Pump, FQGS and Low Level SW connectors at tank wall by conductivity measurements. Functionally Check Fwd Fuel tank critical bonding integrity of Fuel Pump, FQGS and Low Level SW connectors at tank wall by conductivity measurements. Inspect Wing Electric Fuel Pump Connector ................ 28–23–03–220–001–A00 .... Inspect Pilot Valve harness inside the conduit ............. 28–23–04–220–001–A00 .... Inspect Vent Valve harness inside the conduit ............. 28–41–03–220–001–A00 .... Inspect FQIS harness for clamp and wire jacket integrity. Aft Fuel Tank Internal Inspection: FQGS harness and Low Level SW harness for clamp and wire jacket integrity. Fwd Fuel Tank Internal Inspection: FQGS harness and Low Level SW harness for clamp and wire jacket integrity. 28–13–01–720–002–A00 .... 28–15–04–720–001–A00 .... 28–46–02–220–001–A00 .... WReier-Aviles on DSKGBLS3C1PROD with RULES 28–46–04–220–001–A00 .... (2) Within 90 days after July 30, 2008 (the effective date of AD 2008–13–15), revise the ALS of the ICA to incorporate Items 1, 2, and 3 of Section A2.4, Critical Design Configuration Control Limitation (CDCCL), of Appendix 2 of EMBRAER Legacy BJ— Maintenance Planning Guide MPG–1483, Revision 5, dated March 22, 2007. (3) After accomplishing the actions specified in paragraphs (f)(1) and (f)(2) of this AD, no alternative inspections, inspection intervals, or CDCCLs may be used unless the inspections, intervals, or CDCCLs are approved as an alternative method of compliance (AMOC) in accordance with the VerDate Mar<15>2010 15:20 Jan 04, 2011 Jkt 223001 Before the accumulation of 30,000 total flight hours. Within 90 days after December 16, 2008. Before the accumulation of 30,000 total flight hours. Within 90 days after December 16, 2008. Before the accumulation of 30,000 total flight hours. Within 90 days after December 16, 2008. Before the accumulation of 10,000 total flight hours. Before the accumulation of 20,000 total flight hours. Before the accumulation of 20,000 total flight hours. Before the accumulation of 20,000 total flight hours. Before the accumulation of 20,000 total flight hours. Within 90 days after December 16, 2008. Within 90 days after December 16, 2008. Within 90 days after December 16, 2008. Within 90 days after December 16, 2008. Within 90 days after December 16, 2008. Before the accumulation of 20,000 total flight hours. Within 90 days after December 16, 2008. 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, add Tasks 28–41–01–720–001– A01 and 28–46–05–720–001–A01 identified in table 2 of this AD to Section A2.5.2 of Appendix 2 of EMBRAER Legacy BJ— Maintenance Planning Guide MPG–1483. The operator can accomplish this by placing a copy of this AD into that section of the operator’s MPG–1483. Once these tasks have PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 Grace period been added, Tasks 28–41–01–720–001–A00 and 28–46–05–720–001–A00 identified in Section A2.5.2 of Appendix 2 of EMBRAER Legacy BJ—Maintenance Planning Guide MPG–1483, Revision 5, dated March 22, 2007, are no longer required. For the fuel limitation tasks identified in Table 2 of this AD, do the initial task at the later of the applicable ‘‘Threshold’’ and ‘‘Grace Period’’ times specified in table 2 of this AD. Fuel condition units (FCUs) inspected by Parker and marked with Parker Service Bulletin 367–934–28–110 and the date of accomplishment are considered to be in compliance with the requirements of this paragraph. E:\FR\FM\05JAR1.SGM 05JAR1 440 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations TABLE 2—INSPECTIONS Task No. Description Compliance time (whichever occurs later) Part No. Repetitive interval (not to exceed) Threshold 28–41–01–720– 001–A01. 28–46–05–720– 001–A01. WReier-Aviles on DSKGBLS3C1PROD with RULES 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 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 with Illustrated Parts List (CMM) 28–41–69, Revision 2, dated March 13, 2009. Perform an initial functional check as shown in Testing and Fault Isolation sections 1, 2, and 3; an external visual inspection as shown in Check section 2; an internal visual inspection as shown in Repair section 1; a functional check of the safe-life features as shown in Testing and Fault Isolation section 4; and a final functional check as shown in Testing and Fault isolation sections 1, 2, and 3; of the auxiliary fuel conditioning unit (AFCU), in accordance with Parker CMM 28– 41–66, Revision 1, dated March 13, 2009. 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. Note 2: Once EMBRAER incorporates Tasks 28–41–01–720–001–A01 and 28–46– 05–720–001–A01 into Section A2.5.2 of Appendix 2 of EMBRAER Legacy BJ— Maintenance Planning Guide MPG–1483, either by a temporary revision or by a general revision of Section A2.5.2 of Appendix 2 of EMBRAER Legacy BJ—Maintenance Planning Guide MPG–1483, this AD may be removed from Section A2.5.2 of that document. (2) After accomplishment of the actions specified in paragraph (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 3: Notwithstanding any other maintenance or operational requirements, components that have been identified as VerDate Mar<15>2010 15:20 Jan 04, 2011 Jkt 223001 Grace period 367–934–002 Before the accumulation of 10,000 total flight hours on the FCU. Within 90 days after the effective date of this AD. 10,000 flight hours on the FCU since the most recent functional check. 367–934–004 Before the accumulation of 10,000 total flight hours on the AFCU. Within 90 days after the effective date of this AD. 10,000 flight hours on the AFCU since the most recent functional check. 367–934–006 Before the accumulation of 10,000 total flight hours on the AFCU. Within 90 days after the effective date of this AD. 10,000 flight hours on the AFCU since the most recent functional check. airworthy or installed on the affected airplanes before the revision of the ALS of the ICA, as required by paragraphs (f)(1), (f)(2), and (g)(1) 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 4: This AD differs from the MCAI and/or service information as follows: (1) 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. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 (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 E:\FR\FM\05JAR1.SGM 05JAR1 441 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations 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 FAAapproved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES–200. Related Information (i) Refer to MCAI Brazilian Airworthiness Directives 2007–08–01, effective September 27, 2007, and 2009–08–03, effective August 20, 2009; Sections A2.5.2, Fuel System Limitation Items, and A2.4, Critical Design Configuration Control Limitation (CDCCL), of Appendix 2 of EMBRAER Legacy BJ— Maintenance Planning Guide MPG–1483, Revision 5, dated March 22, 2007; and the Parker CMMs listed in table 2 of this AD; for related information. 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. TABLE 3—ALL MATERIAL INCORPORATED BY REFERENCE Document Revision Parker Component Maintenance Manual With Illustrated Parts List 28–41–69 ............................. Parker Component Maintenance Manual With Illustrated Parts List 28–41–66 ............................. Parker Component Maintenance Manual With Illustrated Parts List 28-41-90 ............................... 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. 2 ................................ 1 ................................ Original ...................... 5 ................................ (Parker Component Maintenance Manual With Illustrated Parts List 28–41–69, Revision 2, dated March 13, 2009, contains the service information contained in table 4 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51. an incorrect date on page 105; the correct date is March 13, 2009.) (1) The Director of the Federal Register approved the incorporation by reference of Date March 13, 2009. March 13, 2009. April 3, 2009. March 22, 2007. TABLE 4—NEW MATERIAL INCORPORATED BY REFERENCE Revision Parker Component Maintenance Manual With Illustrated Parts List 28–41–69 ............................. Parker Component Maintenance Manual With Illustrated Parts List 28–41–66 ............................. Parker Component Maintenance Manual With Illustrated Parts List 28-41-90 ............................... WReier-Aviles on DSKGBLS3C1PROD with RULES Document 2 ................................ 1 ................................ 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 Legacy BJ— Maintenance Planning Guide MPG–1483, Revision 5, dated March 22, 2007, on July 30, 2008 (73 FR 35908, 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; 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 11787; telephone 631–231–3737; e-mail csoengineering@parker.com; Internet https:// www.parker.com. VerDate Mar<15>2010 15:20 Jan 04, 2011 Jkt 223001 (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 December 17, 2010. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010–32998 Filed 1–4–11; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 Date March 13, 2009. March 13, 2009. April 3, 2009. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2010–1278; Directorate Identifier 2010–NM–260–AD; Amendment 39–16567; AD 2011–01–13] RIN 2120–AA64 Airworthiness Directives; Airbus Model A300 B4–600, B4–600R, and F4–600R Series Airplanes, and Model C4–605R Variant F Airplanes (Collectively Called A300–600 Series Airplanes) Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. AGENCY: E:\FR\FM\05JAR1.SGM 05JAR1

Agencies

[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Rules and Regulations]
[Pages 437-441]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32998]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1080; Directorate Identifier 2008-NM-118-AD;
Amendment 39-16554; AD 2011-01-01]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding an existing 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 earlier MCAI, Brazilian
Airworthiness Directive 2007-08-01, effective September 27, 2007,
describes the unsafe condition as:

Fuel system reassessment, performed according to RBHA-E88/SFAR-
88 (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 February 9, 2011.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 9,
2011.
On July 30, 2008 (73 FR 35908, June 25, 2008), the Director of the
Federal Register approved the incorporation by reference of certain
other publications 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 13684), and proposed to supersede AD 2008-13-
15, Amendment 39-15578 (73 FR 35908, June 25, 2008). That supplemental
NPRM proposed to correct an unsafe condition for the specified
products. Brazilian Airworthiness Directive 2007-08-01, effective
September 27, 2007, describes the unsafe condition as:

Brazilian Airworthiness Directive 2009-08-03, effective August 20,
2009, describes the unsafe condition as:

* * * * *
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 comment received.

Request To Consider Additional Service Information

The commenter, EMBRAER, requested that we revise the supplemental
NPRM to include Parker Service Bulletin 367-934-28-110, Revision A,
dated December 19, 2006, as acceptable for compliance with the proposed
requirements. Parker makes the fuel conditioning unit (FCU) and ventral
fuel conditioning unit (VFCU). Parker revised certain references within
that service bulletin, clarifying all checks and inspections to be
performed on the FCU and/or FVCU to ensure that the ``safe life''
features are maintained. Parker also published certain data
substantiating that CUs in compliance with the 10,000-flight-hour
inspection in accordance with Parker Service Bulletin 367-934-28-110,
Revision A, dated December 19, 2006, have had the equivalent inspection
to the safe-life

[[Page 438]]

testing required in the recently updated references. When an FCU is
returned to the field after having that service bulletin incorporated,
the unit is returned to the customer with an FAA 8130-3 tag indicating
that the service bulletin was done, and the FCU is also marked to
indicate that service bulletin.
We agree with the request and the commenter's rationale. We have
added a provision to paragraph (g)(1) of this AD to consider FCUs
inspected by Parker and marked with Parker Service Bulletin 367-934-28-
110 and the date of accomplishment to be in compliance with the
requirements of paragraph (g)(1) of this AD. We have also revised the
previous NPRM by removing paragraph (1) of Note 3, which implied that
the Parker service bulletin was not acceptable for compliance.

Additional Change to Supplemental NPRM

We have revised paragraph (g)(1) and added new Note 2 in this final
rule to clarify the requirements to incorporate new limitations for
fuel tank systems.

Conclusion

We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

Based on the service information, we estimate that this AD affects
about 43 products of U.S. registry.
The actions that are required by AD 2008-13-15 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
new requirements on U.S. operators to be $3,655, or $85 per product.

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13 [Amended]

0
2. The FAA amends Sec. 39.13 by removing Amendment 39-15578 (73 FR
35908, June 25, 2008) and adding the following new AD:

2011-01-01 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16554. Docket No. FAA-2008-1080; Directorate Identifier
2008-NM-118-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective February
9, 2011.

Affected ADs

(b) This AD supersedes AD 2008-13-15, Amendment 39-15578.

Applicability

(c) This AD applies to all Empresa Brasileira de Aeronautica
S.A. (EMBRAER) Model EMB-135BJ airplanes, certificated in any
category.

Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (h)(1) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

(d) Air Transport Association (ATA) of America Code 28: Fuel.

[[Page 439]]

Reason

(e) The mandatory continuing airworthiness information (MCAI),
Brazilian Airworthiness Directive 2007-08-01, effective September
27, 2007, states:
Fuel system reassessment, performed according to RBHA-E88/SFAR-
88 (Regulamento Brasileiro de Homologacao Aeronautica 88/Special
Federal Aviation Regulation No. 88), requires the inclusion of new
maintenance tasks in the Critical Design Configuration Control
Limitations (CDCCL) and in the Fuel System Limitations (FSL),
necessary to preclude ignition sources in the fuel system. * * *
And the MCAI, Brazilian Airworthiness Directive 2009-08-03,
effective August 20, 2009, states:
An airplane fuel tank systems review required by Special Federal
Aviation Regulation Number 88 (SFAR 88) and ``RBHA Especial
N[uacute]mero 88'' (RBHA E 88) has shown that additional maintenance
and inspection instructions are necessary to maintain the design
features required to preclude the existence or development of an
ignition source within the fuel tanks of the airplane.
* * * * *
The corrective action is revising the Airworthiness Limitations
Section (ALS) of the Instructions for Continued Airworthiness (ICA)
to incorporate new limitations for fuel tank systems.

Restatement of Requirements of AD 2008-13-15

Actions and Compliance

(f) Unless already done, do the following actions.
(1) Before December 16, 2008, revise the ALS of the ICA to
incorporate Section A2.5.2, Fuel System Limitation Items, of
Appendix 2 of EMBRAER Legacy BJ--Maintenance Planning Guide MPG-
1483, Revision 5, dated March 22, 2007, except as provided by
paragraph (g) of this AD. Except as required by paragraph (g) of
this AD, for all tasks identified in Section A2.5.2 of Appendix 2 of
EMBRAER Legacy BJ--Maintenance Planning Guide MPG-1483, Revision 5,
dated March 22, 2007, the initial compliance times start from the
applicable times specified in table 1 of this AD; and the repetitive
inspections must be accomplished thereafter at the interval
specified in Section A2.5.2 of Appendix 2 of EMBRAER Legacy BJ--
Maintenance Planning Guide MPG-1483, Revision 5, dated March 22,
2007, except as provided by paragraphs (f)(3) and (h) of this AD.

Table 1--Initial Inspections
----------------------------------------------------------------------------------------------------------------
Compliance time (whichever occurs later)
Reference No. Description --------------------------------------------
Threshold Grace period
----------------------------------------------------------------------------------------------------------------
28-11-00-720-001-A00................... Functionally Check Before the Within 90 days after
critical bonding accumulation of December 16, 2008.
integrity of selected 30,000 total flight
conduits inside the wing hours.
tank, Fuel Pump and FQIS
connectors at tank wall
by conductivity
measurements.
28-13-01-720-002-A00................... Functionally Check Aft Before the Within 90 days after
Fuel tank critical accumulation of December 16, 2008.
bonding integrity of Fuel 30,000 total flight
Pump, FQGS and Low Level hours.
SW connectors at tank
wall by conductivity
measurements.
28-15-04-720-001-A00................... Functionally Check Fwd Before the Within 90 days after
Fuel tank critical accumulation of December 16, 2008.
bonding integrity of Fuel 30,000 total flight
Pump, FQGS and Low Level hours.
SW connectors at tank
wall by conductivity
measurements.
28-21-01-220-001-A00................... Inspect Wing Electric Fuel Before the Within 90 days after
Pump Connector. accumulation of December 16, 2008.
10,000 total flight
hours.
28-23-03-220-001-A00................... Inspect Pilot Valve Before the Within 90 days after
harness inside the accumulation of December 16, 2008.
conduit. 20,000 total flight
hours.
28-23-04-220-001-A00................... Inspect Vent Valve harness Before the Within 90 days after
inside the conduit. accumulation of December 16, 2008.
20,000 total flight
hours.
28-41-03-220-001-A00................... Inspect FQIS harness for Before the Within 90 days after
clamp and wire jacket accumulation of December 16, 2008.
integrity. 20,000 total flight
hours.
28-46-02-220-001-A00................... Aft Fuel Tank Internal Before the Within 90 days after
Inspection: FQGS harness accumulation of December 16, 2008.
and Low Level SW harness 20,000 total flight
for clamp and wire jacket hours.
integrity.
28-46-04-220-001-A00................... Fwd Fuel Tank Internal Before the Within 90 days after
Inspection: FQGS harness accumulation of December 16, 2008.
and Low Level SW harness 20,000 total flight
for clamp and wire jacket hours.
integrity.
----------------------------------------------------------------------------------------------------------------

(2) Within 90 days after July 30, 2008 (the effective date of AD
2008-13-15), revise the ALS of the ICA to incorporate Items 1, 2,
and 3 of Section A2.4, Critical Design Configuration Control
Limitation (CDCCL), of Appendix 2 of EMBRAER Legacy BJ--Maintenance
Planning Guide MPG-1483, Revision 5, dated March 22, 2007.
(3) After accomplishing the actions specified in paragraphs
(f)(1) and (f)(2) of this AD, no alternative inspections, inspection
intervals, or CDCCLs may be used unless the inspections, intervals,
or CDCCLs are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (h) of this
AD.

New Requirements of This AD

Actions and Compliance

(g) Unless already done, do the following actions.
(1) Within 30 days after the effective date of this AD, add
Tasks 28-41-01-720-001-A01 and 28-46-05-720-001-A01 identified in
table 2 of this AD to Section A2.5.2 of Appendix 2 of EMBRAER Legacy
BJ--Maintenance Planning Guide MPG-1483. The operator can accomplish
this by placing a copy of this AD into that section of the
operator's MPG-1483. Once these tasks have been added, Tasks 28-41-
01-720-001-A00 and 28-46-05-720-001-A00 identified in Section A2.5.2
of Appendix 2 of EMBRAER Legacy BJ--Maintenance Planning Guide MPG-
1483, Revision 5, dated March 22, 2007, are no longer required. For
the fuel limitation tasks identified in Table 2 of this AD, do the
initial task at the later of the applicable ``Threshold'' and
``Grace Period'' times specified in table 2 of this AD. Fuel
condition units (FCUs) inspected by Parker and marked with Parker
Service Bulletin 367-934-28-110 and the date of accomplishment are
considered to be in compliance with the requirements of this
paragraph.

[[Page 440]]

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 367-934-002 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 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 with Illustrated
Parts List (CMM) 28-41-69,
Revision 2, dated March
13, 2009.
28-46-05-720-001-A01............... Perform an initial 367-934-004 Before the Within 90 days after 10,000 flight hours on
functional check as shown accumulation of the effective date of the AFCU since the
in Testing and Fault 10,000 total flight this AD. most recent
Isolation sections 1, 2, hours on the AFCU. 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 auxiliary
fuel conditioning unit
(AFCU), in accordance with
Parker CMM 28-41-66,
Revision 1, dated March
13, 2009.
28-46-05-720-001-A01............... Perform an initial 367-934-006 Before the Within 90 days after 10,000 flight hours on
functional check as shown accumulation of the effective date of the AFCU since the
in Testing and Fault 10,000 total flight this AD. most recent
Isolation sections 1, 2, hours on the AFCU. 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 AFCU, in
accordance with Parker CMM
28-41-90, dated April 3,
2009.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Note 2: Once EMBRAER incorporates Tasks 28-41-01-720-001-A01
and 28-46-05-720-001-A01 into Section A2.5.2 of Appendix 2 of
EMBRAER Legacy BJ--Maintenance Planning Guide MPG-1483, either by a
temporary revision or by a general revision of Section A2.5.2 of
Appendix 2 of EMBRAER Legacy BJ--Maintenance Planning Guide MPG-
1483, this AD may be removed from Section A2.5.2 of that document.

(2) After accomplishment of the actions specified in paragraph
(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 3: 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 paragraphs (f)(1), (f)(2), and (g)(1) 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 4: This AD differs from the MCAI and/or service
information as follows:
(1) 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.
(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

[[Page 441]]

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: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.,
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

Related Information

(i) Refer to MCAI Brazilian Airworthiness Directives 2007-08-01,
effective September 27, 2007, and 2009-08-03, effective August 20,
2009; Sections A2.5.2, Fuel System Limitation Items, and A2.4,
Critical Design Configuration Control Limitation (CDCCL), of
Appendix 2 of EMBRAER Legacy BJ--Maintenance Planning Guide MPG-
1483, Revision 5, dated March 22, 2007; and the Parker CMMs listed
in table 2 of this AD; for related information.

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.

Table 3--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
Document Revision Date
----------------------------------------------------------------------------------------------------------------
Parker Component Maintenance Manual 2.................................. March 13, 2009.
With Illustrated Parts List 28-41-69.
Parker Component Maintenance Manual 1.................................. March 13, 2009.
With Illustrated Parts List 28-41-66.
Parker Component Maintenance Manual Original........................... April 3, 2009.
With Illustrated Parts List
28[dash]41[dash]90.
Sections A2.5.2, Fuel System 5.................................. March 22, 2007.
Limitation Items, and A2.4, Critical
Design Configuration Control
Limitation (CDCCL), of Appendix 2 of
EMBRAER Legacy BJ--Maintenance
Planning Guide MPG-1483.
----------------------------------------------------------------------------------------------------------------

(Parker Component Maintenance Manual With Illustrated Parts List 28-
41-69, Revision 2, dated March 13, 2009, contains an incorrect date
on page 105; the correct date is March 13, 2009.)
(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 Manual 2.................................. March 13, 2009.
With Illustrated Parts List 28-41-69.
Parker Component Maintenance Manual 1.................................. March 13, 2009.
With Illustrated Parts List 28-41-66.
Parker Component Maintenance Manual Original........................... April 3, 2009.
With Illustrated Parts List
28[dash]41[dash]90.
----------------------------------------------------------------------------------------------------------------

(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 Legacy BJ--Maintenance
Planning Guide MPG-1483, Revision 5, dated March 22, 2007, on July
30, 2008 (73 FR 35908, 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 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 December 17, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-32998 Filed 1-4-11; 8:45 am]
BILLING CODE 4910-13-P

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