[Federal Register Volume 73, Number 11 (Wednesday, January 16, 2008)]
[Rules and Regulations]
[Pages 2797-2799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-470]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0129; Directorate Identifier 2007-NM-099-AD; 
Amendment 39-15331; AD 2008-02-01]
RIN 2120-AA64


Airworthiness Directives; EMBRAER Model EMB-135BJ Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    It has been found that some adhesive tapes used in the interior 
furnishings do not comply with the applicable flammability 
requirements. In case of some nearby ignition source, fire may 
propagate to the aircraft.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective February 20, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 20, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://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, FAA, Transport Airplane Directorate, 
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 November 1, 2007 (72 
FR 61822). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found that some adhesive tapes used in the interior 
furnishings do not comply with the applicable flammability 
requirements. In case of some nearby ignition source, fire may 
propagate to the aircraft.

The corrective actions include an inspection to determine the presence 
of cotton adhesive tape, and replacement of the tape with new tape if 
necessary. 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 received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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

[[Page 2798]]

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

Costs of Compliance

    We estimate that this AD will affect about 41 products of U.S. 
registry. We also estimate that it will take about 2 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Based on these figures, we estimate 
the cost of this AD to the U.S. operators to be $6,560, or $160 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 http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-02-01 Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-15331. Docket No. FAA-2007-0129; Directorate Identifier 
2007-NM-099-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
20, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ airplanes, 
certificated in any category, as identified in EMBRAER Service 
Bulletin 145LEG-25-0080, dated October 10, 2006.

Subject

    (d) Air Transport Association (ATA) of America Code 25: 
Equipment/Furnishings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    It has been found that some adhesive tapes used in the interior 
furnishings do not comply with the applicable flammability 
requirements. In case of some nearby ignition source, fire may 
propagate to the aircraft.

The corrective actions include an inspection to determine the 
presence of cotton adhesive tape, and replacement of the tape with 
new tape if necessary.

Actions and Compliance

    (f) Within 48 months or 5,000 flight hours after the effective 
date of this AD, whichever occurs first, unless already done: Carry 
out a general visual inspection (GVI) for presence of cotton 
adhesive tape, part number (P/N) FMM 1121-5, in the interior of 
center-passenger cabin furnishings, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-25-
0080, dated October 10, 2006. If any cotton tape, P/N FMM 1121-5, is 
found, before further flight, replace it with new PVF adhesive tape 
bearing P/N KB42/75, as specified in paragraphs (f)(1) and (f)(2) of 
this AD.
    (1) Replace cotton adhesive tapes, P/N FMM 1121-5, located under 
the center-passenger cabin carpet, with new PVF adhesive tapes 
bearing P/N KB42/75, in accordance with the Accomplishment 
Instructions of the service bulletin.
    (2) Replace cotton adhesive tapes, P/N FMM 1121-5, applied to 
electrical cables in the bottom of the forward galley assembly, to 
electrical cables and inside the left-hand (LH) and right-hand (RH) 
forward and LH aft side ledges, and to electrical cables, flexible 
hose of the video monitor, soundproofing blanket, and in the LH and 
RH forward and RH aft pocket door covers and partitions, with new 
PVF adhesive tapes bearing P/N KB42/75 with heat-shrinkable sleeve, 
P/N RNF-100-1-0, in accordance with the Accomplishment Instructions 
of the service bulletin.

    Note 1: For the purpose of this AD, a general visual inspection 
(GVI) is: ``A visual examination of the interior or exterior area of 
an installation or assembly to detect obvious damage, failure or 
irregularity. This level of inspection is made from within touching 
distance, unless otherwise specified. A mirror may be necessary to 
enhance visual access to all exposed surfaces in the inspection 
area. This level of inspection is made under normally available 
lighting conditions such as daylight, hangar lighting, flashlight or 
drop-light, and may require removal or opening of access panels or 
doors. Stands, ladders or platforms may be required to gain 
proximity to the area being checked.''

FAA AD Differences

    Note 2: 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, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: Todd 
Thompson, Aerospace Engineer, International Branch,

[[Page 2799]]

ANM-116, FAA, Transport Airplane Directorate, 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 appropriate principal inspector (PI) 
in the FAA Flight Standards District Office (FSDO), or lacking a PI, 
your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directive 2007-03-04, 
effective April 10, 2007, and EMBRAER Service Bulletin 145LEG-25-
0080, dated October 10, 2006, for related information.

Material Incorporated by Reference

    (i) You must use EMBRAER Service Bulletin 145LEG-25-0080, dated 
October 10, 2006, to do the actions required by this AD, unless the 
AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 
12.225, Sao Jose dos Campos--SP, Brazil.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 4, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-470 Filed 1-15-08; 8:45 am]
BILLING CODE 4910-13-P