[Federal Register Volume 73, Number 89 (Wednesday, May 7, 2008)]
[Proposed Rules]
[Pages 25609-25612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10065]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0182; Directorate Identifier 2007-NM-262-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135ER, -135KE, -135KL, and -135LR Airplanes, and 
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

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

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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-2008-0182; 
Directorate Identifier 2007-NM-262-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 9497). 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 for doing the tasks 
specified in paragraph (f)(2) of the earlier NPRM

[[Page 25610]]

must be reduced. That earlier NPRM resulted from Brazilian 
Airworthiness Directive 2007-08-02, effective 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 original 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 and ExpressJet request that we revise the NPRM to include 
paragraph (section) A2.5.1 of Appendix 2 of EMBRAER EMB-135/ERJ-140/
EMB-145 Maintenance Review Board Report (MRBR) MRB-145/1150, Revision 
10, dated August 4, 2006. The commenters assert that paragraph A2.5.1 
contains provisions to allow operators to implement the required fuel 
system limitation inspections in a timely manner. ExpressJet asserts 
that without the inclusion of paragraph A2.5.1, operators will be non-
compliant with the AD immediately upon the inclusion of paragraph 
A.2.5.2 into the maintenance programs. Finally, ExpressJet asserts that 
operators will not have sufficient spare parts and states that they 
have been informed that the manufacturer of replacement parts required 
by these new limitations will be unable to meet the demand, which could 
lead to immediate grounding of airplanes. The commenters therefore 
request that we revise the NPRM to include paragraph A2.5.1 of the MRBR 
so operators are able to comply with the AD in an achievable time 
frame.
    We do not agree with this request to include MRBR 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 the initial compliance times specified in paragraph (f)(2) 
of the supplemental NPRM. 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.

New Service Information

    Since the NPRM was issued, we have reviewed sections A2.5.2, Fuel 
System Limitation Items, and A2.4, Critical Design Configuration 
Control Limitation (CDCCL), of Appendix 2 of the EMBRAER EMB-135/ERJ-
140/EMB-145 MRBR MRB-145/1150, Revision 11, dated September 19, 2007 
(we referred to the EMBRAER EMB-135/ERJ-140/EMB-145 MRBR MRB-145/1150, 
Revision 10, dated August 4, 2006, as the appropriate source of service 
information for doing the actions specified in the NPRM). No changes 
were made to the tasks specified in the MRBR. We have revised this AD 
to refer to Revision 11 of the MRBR.

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 704 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 proposed 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 $56,320, 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

[[Page 25611]]

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.


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-
2008-0182; Directorate Identifier 2007-NM-262-AD.

Comments Due Date

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

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135ER, -135KE, -135KL, 
and -135LR airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes; certificated in any category; 
except for Model EMB-145LR airplanes modified according to Brazilian 
Supplemental Type Certificate 2002S06-09, 2002S06-10, or 2003S08-01.


    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (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 ``MRBR,'' as used in this AD, means the EMBRAER 
EMB-135/ERJ-140/EMB-145 Maintenance Review Board Report (MRBR) MRB-
145/1150, Revision 11, dated September 19, 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 MRBR. For all tasks identified in section A2.5.2 
of Appendix 2 of the MRBR, 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 MRBR, 
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.
28-17-01-720-001-A00.................  Functionally Check       Before the accumulation  Within 90 days after
                                        critical bonding         of 30,000 total flight   the effective date of
                                        integrity of Fuel        hours.                   this AD.
                                        Pump, VFQIS and Low
                                        Level SW connectors at
                                        tank wall by
                                        conductivity
                                        measurements.
28-21-01-220-001-A00.................  Inspect Electric Fuel    Before the accumulation  Within 90 days after
                                        Pump Connector.          of 10,000 total flight   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.
28-27-01-220-001-A00.................  Inspect Electric Fuel    Before the accumulation  Within 90 days after
                                        Transfer Pump            of 10,000 total flight   the effective date of
                                        Connector.               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.
28-41-04-720-001-A00.................  Functionally Check       Before the accumulation  Within 90 days after
                                        Ventral Fuel             of 10,000 total flight   the effective date of
                                        Conditioning Unit        hours.                   this AD.
                                        (VFCU).

[[Page 25612]]

 
28-41-07-220-001-A00.................  Inspect VFQIS and Low    Before the accumulation  Within 90 days after
                                        Level SW Harness for     of 20,000 total flight   the effective date of
                                        clamp and wire jacket    hours.                   this AD.
                                        integrity.
----------------------------------------------------------------------------------------------------------------

    (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 MRBR.
    (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 inspections, intervals, 
or CDCCLs are part of a later revision of Appendix 2 of the MRBR 
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: 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.

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 2007-08-02, 
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 MRBR; for related 
information.

    Issued in Renton, Washington, on April 30, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-10065 Filed 5-6-08; 8:45 am]
BILLING CODE 4910-13-P