[Federal Register Volume 73, Number 120 (Friday, June 20, 2008)]
[Proposed Rules]
[Pages 35098-35100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13923]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0642; Directorate Identifier 2008-NM-039-AD]
RIN 2120-AA64


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

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to all EMBRAER Model EMB-135 airplanes and 
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes. The existing AD currently requires replacing the metallic 
tubes enclosing the vent and pilot valve wires in the left- and right-
hand wing fuel tanks with non-conductive hoses. This proposed AD would 
add airplanes to the applicability of the existing AD. This proposed AD 
results from fuel system reviews conducted by the manufacturer. We are 
proposing this AD to prevent an ignition source inside the fuel tank 
that could ignite fuel vapor and cause a fuel tank explosion and loss 
of the airplane.

DATES: We must receive comments on this proposed AD by July 21, 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 W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
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 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: 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: 

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-2008-0642; 
Directorate Identifier 2008-NM-039-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 because of 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

    On June 1, 2007, we issued AD 2007-12-17, amendment 39-15095 (72 FR 
32780, June 14, 2007), for certain EMBRAER Model EMB-135 airplanes and 
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes. That AD requires replacing the metallic tubes enclosing the 
vent and pilot valve wires in the left- and right-hand wing fuel tanks 
with non-conductive hoses. That AD resulted from fuel system reviews 
conducted by the manufacturer. We issued that AD to prevent an ignition 
source inside the fuel tank that could ignite fuel vapor and cause a 
fuel tank explosion and loss of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2007-12-17, we have been notified by the 
airplane manufacturer that additional airplanes are also subject to the 
unsafe condition identified in the existing AD.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145-28-0023, Revision 11, dated 
December 4, 2007. The procedures specified in Revision 11 of the 
service bulletin are essentially the same as those described in EMBRAER 
Service Bulletin 145-28-0023, Revision 07, dated February 7, 2007. We 
referred to Revision 07 of the service bulletin in AD 2007-12-17 as the 
appropriate source of service information for actions required in that 
AD for certain airplanes. However, Revision 11 of the service bulletin 
includes airplanes that are not identified in Revision 07. 
Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.

U.S. Type Certification of the Airplane

    These airplane models are manufactured in Brazil and are type-
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement.
    This proposed AD would supersede AD 2007-12-17 and would retain the 
requirements of the existing AD. This proposed AD would also add 
airplanes to the applicability of the existing AD.

[[Page 35099]]

Differences Between the Proposed AD and Service Information

    This proposed AD is applicable to all EMBRAER Model EMB-135 
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes. The EMBRAER service bulletins were revised to add 
airplanes to the effectivities of those documents, but they do not 
apply to all airplanes. We have coordinated this difference with both 
EMBRAER and the Ag[ecirc]ncia Nacional de Avia[ccedil]o Civil (ANAC). 
It should be noted that ANAC is not issuing a parallel airworthiness 
directive because they have previously issued Brazilian airworthiness 
directive 2006-06-02, effective June 28, 2006, addressing the 
identified unsafe condition; that airworthiness directive is applicable 
to ``all EMBRAER EMB-145( ) and EMB-135( ) aircraft models in 
operation.''

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD. The average labor rate is $80 per work 
hour.

                                                 Estimated Costs
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                                                                                  Number of U.S.-
            Action                Work hours          Parts          Cost per       registered      Fleet cost
                                                                     airplane        airplanes
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Tube replacement (required by                1  $1,121 (for               $1,201              30         $36,030
 AD 2007-12-17).                                 Model EMB-135BJ
                                                 airplanes).
                                             1  $1,788 (for                1,868             593       1,107,724
                                                 remaining
                                                 airplanes).
Tube replacement for                         1  $1,121 (for                1,201              11          13,211
 additional airplanes.                           Model EMB-135BJ
                                                 airplanes).
                                             1  $1,788 (for                1,868              75         140,100
                                                 remaining
                                                 additional
                                                 airplanes).
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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 have 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 that the 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. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-15095 (72 FR 32780, June 14, 2007) and adding the 
following new airworthiness directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2008-0642; Directorate Identifier 2008-NM-039-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by July 21, 
2008.

Affected ADs

    (b) This AD supersedes AD 2007-12-17.

Applicability

    (c) This AD applies to all EMBRAER Model EMB-135ER, -135KE, -
135KL, -135LR, and -135BJ airplanes; and all Model EMB-145, -145ER, 
-145MR, -145LR, -145XR, -145MP, and -145EP airplanes; certificated 
in any category.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent an ignition source 
inside the fuel tank that could ignite fuel vapor and cause a fuel 
tank explosion and loss of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Requirements of AD 2007-12-17 Including Additional Airplanes

Tube Replacement

    (f) For airplanes identified in the applicable service bulletins 
specified in paragraphs (f)(1) and (f)(2) of this AD: Within 5,000 
flight hours or 48 months after July 19, 2007 (the effective date of 
AD 2007-12-17), whichever occurs first, replace the metallic tubes 
enclosing the vent and pilot valve wires in the left- and right-hand 
wing fuel tanks with new, improved, non-conductive hoses, in 
accordance with the Accomplishment Instructions of the service 
bulletins specified in paragraph (f)(1) or (f)(2) of this AD, as 
applicable.
    (1) For Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes: EMBRAER Service 
Bulletin 145-28-0023, Revision 07, dated February 7, 2007.

[[Page 35100]]

    (2) For Model EMB-135BJ airplanes: EMBRAER Service Bulletin 
145LEG-28-0018, Revision 01, dated April 20, 2005.
    (g) For Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes that are not 
identified in paragraph (f)(1) of this AD: Within 5,000 flight hours 
or 48 months after the effective date of this AD, whichever occurs 
first, replace the metallic tubes enclosing the vent and pilot valve 
wires in the left- and right-hand wing fuel tanks with new, 
improved, non-conductive hoses; in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-28-0023, 
Revision 11, dated December 4, 2007.

Credit for Actions Done Using Previous Service Information

    (h) Actions accomplished before the effective date of this AD in 
accordance with the service information specified in Table 1 of this 
AD are considered acceptable for compliance with the corresponding 
actions of this AD.

                                Table 1.--Acceptable EMBRAER Service Information
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      EMBRAER Service Bulletin                   Revision level                             Date
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145-28-0023.........................  Original............................  April 19, 2004.
145-28-0023.........................  01..................................  June 9, 2004.
145-28-0023.........................  02..................................  November 8, 2004.
145-28-0023.........................  03..................................  April 27, 2005.
145-28-0023.........................  04..................................  November 7, 2005.
145-28-0023.........................  05..................................  May 15, 2006.
145-28-0023.........................  06..................................  October 31, 2006.
145-28-0023.........................  07..................................  February 7, 2007.
145-28-0023.........................  08..................................  May 25, 2007.
145-28-0023.........................  09..................................  July 30, 2007.
145-28-0023.........................  10..................................  October 28, 2007.
145LEG-28-0018......................  Original............................  April 23, 2004.
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Compliance (AMOCs)

    (i)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
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.

Related Information

    (j) None.

    Issued in Renton, Washington, on June 6, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-13923 Filed 6-19-08; 8:45 am]
BILLING CODE 4910-13-P