[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Rules and Regulations]
[Pages 35908-35911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13926]



[[Page 35908]]

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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; 
Amendment 39-15578; AD 2008-13-15]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ 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 25606). 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 comment received.

Request To Extend Compliance Times/Include Costs of Unscheduled 
Inspections

    EMBRAER request that we extend the compliance times specified in 
Table 1 of the supplemental NPRM. 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 have determined that a compliance time of within 90 days 
after December 16, 2008 is appropriate and will ensure an acceptable 
level of safety. We have revised Table 1 of this AD accordingly. 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 this 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.

Explanation of Removal of Certain Tasks

    We have determined that tasks 28-41-01-720-001-A00 and 28-46-05-
720-001-A00 in Table 1 of the supplemental NPRM are related to a 
functional check of the component rather than the aircraft system. We 
have discussed the issue with the manufacturer and with the 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 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 the absence of any 
new action from ANAC, we might consider unilateral rulemaking.

Revision to Costs of Compliance

    The number of airplanes on the U.S. Registry has changed since we 
issued the supplemental NPRM from 49 airplanes to 41 airplanes. We have 
revised the Costs of Compliance section of this AD accordingly.

[[Page 35909]]

Conclusion

    We reviewed the available data, including the comment 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 41 products of U.S. registry. 
We also estimate that it will 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 
this AD to the U.S. operators to be $3,280, 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:

2008-13-15 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15578. Docket No. FAA-2008-0194; Directorate Identifier 
2007-NM-263-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 30, 
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.

[[Page 35910]]



                                          Table 1--Initial Inspections
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                                                                     Compliance time  (whichever occurs later)
           Reference number                    Description        ----------------------------------------------
                                                                          Threshold             Grace period
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28-11-00-720-001-A00..................  Functionally Check         Before the              Within 90 days after
                                         critical bonding           accumulation of         December 16, 2008
                                         integrity of selected      30,000 total flight
                                         conduits inside the wing   hours
                                         tank, Fuel Pump and FQIS
                                         connectors at tank wall
                                         by conductivity
                                         measurements.
28-13-01-720-002-A00..................  Functionally Check Aft     Before the              Within 90 days after
                                         Fuel tank critical         accumulation of         December 16, 2008
                                         bonding integrity of       30,000 total flight
                                         Fuel Pump, FQGS and Low    hours
                                         Level SW connectors at
                                         tank wall by
                                         conductivity
                                         measurements.
28-15-04-720-001-A00..................  Functionally Check Fwd     Before the              Within 90 days after
                                         Fuel tank critical         accumulation of         December 16, 2008
                                         bonding integrity of       30,000 total flight
                                         Fuel Pump, FQGS and Low    hours
                                         Level SW connectors at
                                         tank wall by
                                         conductivity
                                         measurements.
28-21-01-220-001-A00..................  Inspect Wing Electric      Before the              Within 90 days after
                                         Fuel Pump Connector.       accumulation of         December 16, 2008D
                                                                    10,000 total flight
                                                                    hours
28-23-03-220-001-A00..................  Inspect Pilot Valve        Before the              Within 90 days after
                                         harness inside the         accumulation of         December 16, 2008
                                         conduit.                   20,000 total flight
                                                                    hours
28-23-04-220-001-A00..................  Inspect Vent Valve         Before the              Within 90 days after
                                         harness inside the         accumulation of         December 16, 2008
                                         conduit.                   20,000 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
28-46-02-220-001-A00..................  Aft Fuel Tank Internal     Before the              Within 90 days after
                                         Inspection: FQGS harness   accumulation of         December 16, 2008
                                         and Low Level SW harness   20,000 total flight
                                         for clamp and wire         hours
                                         jacket integrity.
28-46-04-220-001-A00..................  Fwd Fuel Tank Internal     Before the              Within 90 days after
                                         Inspection: FQGS harness   accumulation of         December 16, 2008
                                         and Low Level SW harness   20,000 total flight
                                         for clamp and wire         hours
                                         jacket 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 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 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.

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 Legacy BJ--Maintenance Planning Guide MPG-
1483, Revision 5, dated March 22, 2007, to do the actions required 
by this AD, unless the AD specifies otherwise. This document 
contains the following effective pages:

[[Page 35911]]



 
----------------------------------------------------------------------------------------------------------------
                     Pages                       Revision level                        Date
----------------------------------------------------------------------------------------------------------------
List of Effective Pages:
    Pages A through J..........................               5  March 22, 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. E8-13926 Filed 6-24-08; 8:45 am]
BILLING CODE 4910-13-P