[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Rules and Regulations]
[Pages 35904-35907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13924]


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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; 
Amendment 39-15577; AD 2008-13-14]
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), Department of 
Transportation (DOT).

ACTION: Final rule.

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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:

    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. * * *

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

DATES: This AD becomes effective July 30, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 30, 
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 supplemental notice of proposed rulemaking (NPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products. That supplemental NPRM was published in the Federal Register 
on May 7, 2008 (73 FR 25609). That supplemental NPRM proposed to 
correct an unsafe condition for the specified products. The 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. 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 considered the comments received.

Request To Revise Inspections

    ExpressJet requests that we revise two tasks, ``28-41-01-720-001-
A00 and 28-41-01-720-A00,'' specified in Table 1 of the supplemental 
NPRM. The commenter states that these tasks are related to a functional 
check of the component rather than the aircraft system. The commenter 
suggests that we identify these two components by part number and 
require the inspections be done before the part accumulates 10,000 
flight hours since new or 10,000 flight hours since the last functional 
check.
    We agree with the commenter that tasks 28-41-01-720-001-A00 and 28-
41-04-720-001-A00 are related to a functional check of the component 
rather than the aircraft system (the commenter referred to task 28-41-
01-720-A00, which is not listed in Table 1; we infer that the commenter 
intended to refer to task 28-41-04-720-001-A00). Prior to the commenter 
submitting its comment, the commenter raised the issue during a visit 
by the FAA. Since then we have discussed the issue with the 
manufacturer and with the Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC),

[[Page 35905]]

which is the aviation authority for Brazil. ANAC states that it intends 
to issue an airworthiness directive to address an inspection threshold 
for these tasks. Therefore, we have removed these tasks from Table 1 of 
this AD. We might consider further rulemaking once new actions and 
compliance times for these tasks are identified by ANAC or in absence 
of any new action from ANAC, we might consider unilateral rulemaking.

Requests To Extend Compliance Times/Include Costs of Unscheduled 
Inspections

    ExpressJet and EMBRAER request that we extend the compliance times 
specified in Table 1 of the supplemental NPRM. ExpressJet states that 
the compliance times for the inspections specified in Table 1 of the 
supplemental NPRM are confusing. ExpressJet notes that the ``Grace 
Period'' is ``Within 90 days after the effective date of this AD,'' but 
the effective date of the AD is not stated and the compliance time for 
revising the ALS of the ICA is before December 16, 2008. ExpressJet 
recommends that we revise the ``Grace Period'' to within 90 days after 
December 16, 2008.
    EMBRAER states that the compliance time ``within 90 days of the 
effective date of the AD'' for airplanes with cycle totals above the 
thresholds would require airplanes to be removed from service for 
special inspections and that these inspections would require the fuel 
tanks to be drained and ventilated prior to inspection. EMBRAER states 
that requiring unscheduled tank inspections will increase the 
probability of maintenance error, which will result in an increase in 
the risk of ignition sources. EMBRAER believes that there is no special 
risk that justifies the compliance time of within 90 days from the 
effective date of the AD and suggests that the compliance time be 
revised to within 5,000 flight hours after the effective date of the 
AD.
    EMBRAER also requests that if the compliance time of within 90 days 
after the effective date of the AD is retained, we include the costs of 
unscheduled inspections. EMBRAER notes that the costs of unscheduled 
inspections would be higher than the estimate given in the promulgation 
of Special Federal Aviation Regulation No. 88 of between 60 and 330 
work-hours for the inspection and between 36 and 96 hours for time out 
of service.
    We agree to extend the ``Grace Period'' specified in Table 1 of 
this AD. We agree with ExpressJet that the compliance time of within 90 
days after December 16, 2008 is appropriate. We have determined that 
the new compliance time will ensure an acceptable level of safety. We 
have revised Table 1 of this AD accordingly.
    However, we do not agree with EMBRAER to defer the first mandatory 
inspections to within 5,000 flight hours after the effective date of 
the AD. In revising the appropriate compliance time for the inspections 
(i.e., extending the ``Grace Period'' to within 90 days after December 
16, 2008), we considered the urgency associated with the subject unsafe 
condition, the availability of required parts, and the practical aspect 
of accomplishing the required inspections within a period of time that 
corresponds to the normal scheduled maintenance for most affected 
operators. If an operator decides that more time is needed to comply 
with the AD, the operator can request an alternative method of 
compliance (AMOC) in accordance with the provisions of paragraph (g)(1) 
of the supplemental NPRM.
    As stated earlier, we have extended the compliance time and 
therefore the number of unscheduled inspections should be reduced. 
However, because operators' schedules vary substantially, it would be 
nearly impossible for us to accurately calculate all costs associated 
with unscheduled inspections. Therefore, we have not revised the Costs 
of Compliance section of this AD to reflect unscheduled inspections. 
However, we have revised the Costs of Compliance section of this AD to 
reflect a change in the number of airplanes affected by this AD from 
704 (as specified in the supplemental NPRM) to 668 airplanes.

Request To Clarify Actions

    ExpressJet notes that paragraph (f)(2) of the supplemental NPRM 
states ``Before December 16, 2008, revise the ALS of the ICA * * *.'' 
ExpressJet states that it assumes that this is referring to the 
operator's ICA.
    We infer that ExpressJet is requesting clarification of the actions 
in this AD. The wording that was used represents a standard approach 
and has been used for many years. The intent is to have all 
airworthiness limitations, regardless of whether imposed by original 
type certification or by a later AD, located in one immediately 
recognizable document. In 1980, the FAA identified the Airworthiness 
Limitations section of the Instructions for Continued Airworthiness as 
the appropriate document.
    We consider that not having all airworthiness limitations in one 
document could lead to confusion as to what is or what is not a 
mandatory maintenance action as identified in Federal Aviation 
Regulation, part 25, Appendix H, section H25.4. This is the basis of 
our requirement to have each operator maintain a current copy of the 
Airworthiness Limitations section. Concerning ExpressJet's statement 
that the AD is referring to the operator's ICA, we infer that the 
commenter is wondering if, after revising its copy of the Airworthiness 
Limitation section, there are other required actions such as ensuring 
that the operator's maintenance program is updated to incorporate the 
actions specified in the revised Airworthiness Limitations.
    Ensuring that operators' maintenance programs and the actions of 
its maintenance personnel are in accordance with the Airworthiness 
Limitations is required, but not by this AD. 14 CFR 91.403(c) specifies 
that no person may operate an aircraft for which airworthiness 
limitations have been issued unless those limitations have been 
complied with. Therefore, there is no need to further expand the 
requirements of the AD beyond that which was proposed because section 
91.403(c) already imposes the appropriate required action after the 
airworthiness limitations are revised. We have not changed this AD in 
this regard.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the 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 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 668 products of U.S. registry. 
We also estimate that it will take about 1 work-

[[Page 35906]]

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 this AD to the U.S. operators to be $53,440, 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 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:

2008-13-14 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15577. Docket No. FAA-2008-0182; Directorate Identifier 
2007-NM-262-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 30, 
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 
EMB135/ERJ140/EMB145 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
----------------------------------------------------------------------------------------------------------------
                                                                     Compliance time (whichever occurs later)
           Reference No.                     Description         -----------------------------------------------
                                                                         Threshold             Grace period
----------------------------------------------------------------------------------------------------------------
28-11-00-720-001-A00...............  Functionally Check critical  Before the              Within 90 days after
                                      bonding integrity of         accumulation of         December 16, 2008.
                                      selected conduits inside     30,000 total flight
                                      the wing tank, Fuel Pump     hours.
                                      and FQIS connectors at
                                      tank wall by conductivity
                                      measurements.

[[Page 35907]]

 
28-17-01-720-001-A00...............  Functionally Check critical  Before the              Within 90 days after
                                      bonding integrity of Fuel    accumulation of         December 16, 2008.
                                      Pump, VFQIS and Low Level    30,000 total flight
                                      SW connectors at tank wall   hours.
                                      by conductivity
                                      measurements.
28-21-01-220-001-A00...............  Inspect Electric Fuel Pump   Before the              Within 90 days after
                                      Connector.                   accumulation of         December 16, 2008.
                                                                   10,000 total flight
                                                                   hours.
28-23-03-220-001-A00...............  Inspect Pilot Valve harness  Before the              Within 90 days after
                                      inside the conduit.          accumulation of         December 16, 2008.
                                                                   20,000 total flight
                                                                   hours.
28-23-04-220-001-A00...............  Inspect Vent Valve harness   Before the              Within 90 days after
                                      inside the conduit.          accumulation of         December 16, 2008.
                                                                   20,000 total flight
                                                                   hours.
28-27-01-220-001-A00...............  Inspect Electric Fuel        Before the              Within 90 days after
                                      Transfer Pump Connector.     accumulation of         December 16, 2008.
                                                                   10,000 total flight
                                                                   hours.
28-41-03-220-001-A00...............  Inspect FQIS harness for     Before the              Within 90 days after
                                      clamp and wire jacket        accumulation of         December 16, 2008.
                                      integrity.                   20,000 total flight
                                                                   hours.
28-41-07-220-001-A00...............  Inspect VFQIS and Low Level  Before the              Within 90 days after
                                      SW Harness for clamp and     accumulation of         December 16, 2008.
                                      wire jacket integrity.       20,000 total flight
                                                                   hours.
----------------------------------------------------------------------------------------------------------------

    (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.

Material Incorporated by Reference

    (i) You must use Sections A2.5.2, Fuel System Limitation Items, 
and A2.4, Critical Design Configuration Control Limitation (CDCCL), 
of Appendix 2 of EMBRAER EMB135/ERJ140/EMB145 Maintenance Review 
Board Report MRB-145/1150, Revision 11, dated September 19, 2007, to 
do the actions required by this AD, unless the AD specifies 
otherwise. This document contains the following effective pages:

----------------------------------------------------------------------------------------------------------------
                                                    Revision
                     Pages                            level                            Date
----------------------------------------------------------------------------------------------------------------
List of Effective Pages:
    Pages A through L..........................              11  September 19, 2007.
----------------------------------------------------------------------------------------------------------------

    (The revision level of this document is identified only on the 
title page of the document.)
    (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 June 13, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-13924 Filed 6-24-08; 8:45 am]
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