[Federal Register Volume 73, Number 113 (Wednesday, June 11, 2008)]
[Rules and Regulations]
[Pages 32985-32986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12734]



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  Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / 
Rules and Regulations  

[[Page 32985]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0292; Directorate Identifier 2007-NM-286-AD; 
Amendment 39-15550; AD 2008-12-07]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ and EMB-145XR 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 in case of fuel leakage inside the 
conduit used to route the clear ice detector wiring through the wing 
fuel tank, it is possible to have fuel accumulation inside the 
conduit due to application of wiring protection sealant in the 
conduit end. The absence of fuel leakage detectability into the 
clear ice detector wiring conduit, associated with an ignition 
source, could result in fire or explosion inside the tank.

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

DATES: This AD becomes effective July 16, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 16, 
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: 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:

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 March 13, 2008 (73 
FR 13494). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found that in case of fuel leakage inside the 
conduit used to route the clear ice detector wiring through the wing 
fuel tank, it is possible to have fuel accumulation inside the 
conduit due to application of wiring protection sealant in the 
conduit end. The absence of fuel leakage detectability into the 
clear ice detector wiring conduit, associated with an ignition 
source, could result in fire or explosion inside the tank.

Corrective action includes removing the sealant used to protect the 
wiring conduits of the left- and right-hand clear ice detectors at the 
holes through the wing spars, and installing protective Teflon spiral 
around the wiring. 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 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 142 products of U.S. 
registry. We also estimate that it will take about 3 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Required parts cost will be 
negligible. Where the service information lists required parts costs 
that are covered under warranty, we have assumed that there will be no 
charge for these parts. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of this AD to the 
U.S. operators to be $34,080, or $240 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.

[[Page 32986]]

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:

2008-12-07 Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-15550. Docket No. FAA-2008-0292; Directorate Identifier 
2007-NM-286-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 16, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ and EMB-145XR 
airplanes, certificated in any category, as identified in EMBRAER 
Service Bulletins 145-30-0048 and 145LEG-30-0015, both dated March 
31, 2006.

Subject

    (d) Air Transport Association (ATA) of America Code 30: Ice and 
Rain Protection.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    It has been found that in case of fuel leakage inside the 
conduit used to route the clear ice detector wiring through the wing 
fuel tank, it is possible to have fuel accumulation inside the 
conduit due to application of wiring protection sealant in the 
conduit end. The absence of fuel leakage detectability into the 
clear ice detector wiring conduit, associated with an ignition 
source, could result in fire or explosion inside the tank.

Corrective action includes removing the sealant used to protect the 
wiring conduits of the left-hand (LH) and right-hand (RH) clear ice 
detectors at the holes through the wing spars, and installing 
protective Teflon spiral around the wiring.

Actions and Compliance

    (f) At the applicable compliance time specified in paragraph 
(f)(1) or (f)(2) of this AD, unless already done, remove the sealant 
used to protect the LH and RH clear ice detector wiring conduits at 
the holes through the wing spars and install protective Teflon 
spiral, in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 145-30-0048 or 145LEG-30-0015, both dated 
March 31, 2006, as applicable.
    (1) For Model EMB-135BJ airplanes: Within 4,000 flight hours or 
48 months after the effective date of this AD, whichever occurs 
first.
    (2) For Model EMB-145XR airplanes: Within 5,000 flight hours or 
48 months after the effective date of this AD, whichever occurs 
first.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows. The MCAI specifies a compliance time of ``5,000 flight 
hours'' for all affected airplanes. This AD requires a compliance 
time of ``5,000 flight hours'' for Model EMB-145XR airplanes, and 
``4,000 flight hours'' for Model EMB-135BJ airplanes. This 
difference has been coordinated with the Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil.

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: 
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 MCAI Brazilian Airworthiness Directive 2007-02-03, 
effective March 15, 2007; EMBRAER Service Bulletin 145-30-0048, 
dated March 31, 2006; and EMBRAER Service Bulletin 145LEG-30-0015, 
dated March 31, 2006 for related information.

Material Incorporated by Reference

    (i) You must use EMBRAER Service Bulletin 145-30-0048, dated 
March 31, 2006 or EMBRAER Service Bulletin 145LEG-30-0015, dated 
March 31, 2006, as applicable, 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 May 30, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-12734 Filed 6-10-08; 8:45 am]
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