[Federal Register Volume 73, Number 89 (Wednesday, May 7, 2008)]
[Proposed Rules]
[Pages 25606-25609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10063]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0194; Directorate Identifier 2007-NM-263-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier NPRM for the products listed above. 
This action revises the earlier NPRM by expanding the scope. This 
proposed AD results from mandatory continuing airworthiness information 
(MCAI) originated by an aviation authority of another country to 
identify and correct an unsafe condition on an aviation product. The 
MCAI 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 proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by May 27, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building, Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1405; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0194; 
Directorate Identifier 2007-NM-263-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
February 21, 2008 (73 FR 9500). That earlier NPRM proposed to require 
actions intended to address the unsafe condition for the products 
listed above.
    Since that earlier NPRM was issued, we have determined that for 
certain airplanes the initial compliance times

[[Page 25607]]

for doing the tasks specified in paragraph (f)(2) of the earlier NPRM 
must be reduced. That earlier NPRM resulted from Brazilian 
Airworthiness Directive 2007-08-01, dated September 27, 2007 (referred 
to after this as ``the MCAI'').
    The MCAI does not provide an initial compliance time for doing the 
tasks. In the earlier NPRM we proposed an initial compliance time that 
started from the effective date of the AD; or the date of issuance of 
the original Brazilian standard airworthiness certificate or the date 
of issuance of the original Brazilian export certificate of 
airworthiness; whichever occurs later. Although unstated in the MCAI, 
we have determined that the intent of the MCAI is for the initial 
compliance time to start from the initial delivery date of the airplane 
in order to address the identified unsafe condition in a timely manner. 
We have also revised the initial compliance times for clarity by 
providing a threshold and grace period for each task. We have revised 
this supplemental NPRM by adding Table 1 to specify the initial 
compliance times for each task. You may obtain further information by 
examining the MCAI in the AD docket.

Comments

    We have considered the following comments received on the earlier 
NPRM.

Request To Clarify Compliance Times

    EMBRAER requests that we revise the NPRM to enable operators to 
comply if replacement parts are not immediately available. EMBRAER 
states that paragraph (section) A2.5.1 of Appendix 2 of the EMBRAER 
Legacy BJ Maintenance Planning Guide (MPG) MPG-1483, Revision 5, dated 
March 22, 2007, contains provisions to allow operators to implement the 
required fuel system limitation inspections in a more timely manner. 
EMBRAER therefore requests that we revise the NPRM to include paragraph 
A2.5.1 of the MPG.
    We do not agree with the request to include MPG paragraph A2.5.1, 
which describes deferring the first mandatory inspections to the next 
``C'' check (5,000 flight hours). However, as described previously, we 
have revised paragraph (f)(2) of the supplemental NPRM to clarify the 
initial compliance times. With these revised compliance times, there 
should be sufficient spare parts. In addition, if an operator decides 
that more compliance time is needed, the operator may request an 
alternative method of compliance (AMOC) in accordance with paragraph 
(g)(1) of the supplemental NPRM.

Clarification of Increased Costs

    The original NPRM specified that about 37 airplanes would be 
affected by that proposed action. We have determined that about 49 
airplanes would be affected by this proposed action, and have revised 
the Costs of Compliance accordingly in this supplemental NPRM.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    Certain changes described above expand the scope of the earlier 
NPRM. As a result, we have determined that it is necessary to reopen 
the comment period to provide additional opportunity for the public to 
comment on this proposed AD.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 49 products of U.S. registry. We also estimate that 
it would take about 1 work-hour 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 the proposed AD on U.S. 
operators to be $3,920, or $80 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

[[Page 25608]]

Sec.  39.13  [Amended]

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

Empresa Brasileira de Aeronautica S.A. (Embraer): Docket No. FAA-
2008-0194; Directorate Identifier 2007-NM-263-AD.

Comments Due Date

    (a) We must receive comments by May 27, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all 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 (g) 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) 
states:
    Fuel system reassessment, performed according to RBHA-E88/SFAR-
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 corrective action is revising the Airworthiness Limitations 
Section (ALS) of the Instructions for Continued Airworthiness (ICA) 
to incorporate new limitations for fuel tank systems.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) The term ``MPG,'' as used in this AD, means the EMBRAER 
Legacy BJ Maintenance Planning Guide (MPG) MPG-1483, Revision 5, 
dated March 22, 2007.
    (2) Before December 16, 2008, revise the ALS of the ICA to 
incorporate Section A2.5.2, Fuel System Limitation Items, of 
Appendix 2 of the MPG. For all tasks identified in Section A2.5.2 of 
Appendix 2 of the MPG, 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 the MPG, except as 
provided by paragraphs (f)(4) and (g) of this AD.

                                          Table 1.--Initial Inspections
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                                                                    Compliance time  (whichever occurs later)
            Reference No.                    Description       -------------------------------------------------
                                                                       Threshold               Grace period
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28-11-00-720-001-A00.................  Functionally Check       Before the accumulation  Within 90 days after
                                        critical bonding         of 30,000 total flight   the effective date of
                                        integrity of selected    hours.                   this AD.
                                        conduits inside the
                                        wing tank, Fuel Pump
                                        and FQIS connectors at
                                        tank wall by
                                        conductivity
                                        measurements.
28-13-01-720-002-A00.................  Functionally Check Aft   Before the accumulation  Within 90 days after
                                        Fuel tank critical       of 30,000 total flight   the effective date of
                                        bonding integrity of     hours.                   this AD.
                                        Fuel Pump, FQGS and
                                        Low Level SW
                                        connectors at tank
                                        wall by conductivity
                                        measurements.
28-15-04-720-001-A00.................  Functionally Check Fwd   Before the accumulation  Within 90 days after
                                        Fuel tank critical       of 30,000 total flight   the effective date of
                                        bonding integrity of     hours.                   this AD.
                                        Fuel Pump, FQGS and
                                        Low Level SW
                                        connectors at tank
                                        wall by conductivity
                                        measurements.
28-21-01-220-001-A00.................  Inspect Wing Electric    Before the accumulation  Within 90 days after
                                        Fuel Pump Connector.     of 10,000 total flight   the effective date of
                                                                 hours.                   this AD.
28-23-03-220-001-A00.................  Inspect Pilot Valve      Before the accumulation  Within 90 days after
                                        harness inside the       of 20,000 total flight   the effective date of
                                        conduit.                 hours.                   this AD.
28-23-04-220-001-A00.................  Inspect Vent Valve       Before the accumulation  Within 90 days after
                                        harness inside the       of 20,000 total flight   the effective date of
                                        conduit.                 hours.                   this AD.
28-41-01-720-001-A00.................  Functionally Check Fuel  Before the accumulation  Within 90 days after
                                        Conditioning Unit        of 10,000 total flight   the effective date of
                                        (FCU).                   hours.                   this AD.
28-41-03-220-001-A00.................  Inspect FQIS harness     Before the accumulation  Within 90 days after
                                        for clamp and wire       of 20,000 total flight   the effective date of
                                        jacket integrity.        hours.                   this AD.
28-46-02-220-001-A00.................  Aft Fuel Tank Internal   Before the accumulation  Within 90 days after
                                        Inspection: FQGS         of 20,000 total flight   the effective date of
                                        harness and Low Level    hours.                   this AD.
                                        SW harness for clamp
                                        and wire jacket
                                        integrity.
28-46-04-220-001-A00.................  Fwd Fuel Tank Internal   Before the accumulation  Within 90 days after
                                        Inspection: FQGS         of 20,000 total flight   the effective date of
                                        harness and Low Level    hours.                   this AD.
                                        SW harness for clamp
                                        and wire jacket
                                        integrity.
28-46-05-720-001-A00.................  Functionally Check       Before the accumulation  Within 90 days after
                                        Auxiliary Fuel           of 10,000 total flight   the effective date of
                                        Conditioning Unit        hours.                   this AD.
                                        (FCU).
----------------------------------------------------------------------------------------------------------------

    (3) Before December 16, 2008, or within 90 days after the 
effective date of this AD, whichever occurs first, 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 
the MPG.
    (4) After accomplishing the actions specified in paragraphs 
(f)(2) and (f)(3) of this AD, no alternative inspections, inspection 
intervals, or CDCCLs may be used unless the

[[Page 25609]]

inspections, intervals, or CDCCLs are part of a later revision of 
Appendix 2 of the MPG that is approved by the Manager, ANM-116, FAA, 
or ANAC (or its delegated agent); or unless the inspections, 
intervals, or CDCCLs are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (g) of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) The MCAI specifies a compliance date of ``Before December 
31, 2008'' for doing the ALI revisions. We have already issued 
regulations that require operators to revise their maintenance/
inspection programs to address fuel tank safety issues. The 
compliance date for these regulations is December 16, 2008. To 
provide for coordinated implementation of these regulations and this 
AD, we are using this same compliance date in this AD.
    (2) The MCAI specifies a compliance time of 180 days to revise 
the ALS of the ICA to incorporate items 1, 2, and 3 of Section A2.4 
of Appendix 2 of the MPG. This AD requires a compliance time of 90 
days to do this revision. This difference has been coordinated with 
ANAC.

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, 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: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-1405; 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 Brazilian Airworthiness Directive 2007-08-01, 
effective September 27, 2007; and Sections A2.5.2, Fuel System 
Limitation Items, and A2.4, Critical Design Configuration Control 
Limitation (CDCCL), of Appendix 2 of the MPG; for related 
information.

    Issued in Renton, Washington, on April 30, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-10063 Filed 5-6-08; 8:45 am]
BILLING CODE 4910-13-P