[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Proposed Rules]
[Pages 61372-61375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24582]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1079; Directorate Identifier 2008-NM-116-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: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. 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 November 17, 
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

[[Page 61373]]

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-2008-1079; 
Directorate Identifier 2008-NM-116-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

    On June 13, 2008, we issued AD 2008-13-14, Amendment 39-15577 (73 
FR 35904, June 25, 2008). That AD requires actions intended to address 
an unsafe condition on the products listed above.
    The preamble to AD 2008-13-14 explains that we were considering 
further rulemaking to address tasks 28-41-01-720-001-A00 and 28-41-04-
720-001-A00 because the tasks are related to a functional check of the 
component rather than the aircraft system. Those tasks are specified in 
EMBRAER EMB135/ERJ140/EMB145 Maintenance Review Board Report MRB-145/
1150, Revision 11, dated September 19, 2007 (which we referred to as 
the appropriate source of service information for the existing AD). We 
now have determined that further rulemaking is indeed necessary, and 
this proposed AD follows from that determination. We have proposed to 
require those tasks with compliance times based on the component flight 
hours in paragraph (g) of this proposed AD.

Removed Reference to ``Later Revisions'' of Service Information

    We have removed the reference to ``later revisions'' of the 
applicable service information in paragraph (f)(4) of this AD to be 
consistent with FAA policy and Office of the Federal Register 
regulations. We might consider approving the use of later revisions of 
the service information as an alternative method of compliance with 
this AD, as provided by paragraph (h)(1) of this AD.

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.

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 668 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. Based on these figures, we estimate 
the cost of the proposed AD on 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 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 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 removing Amendment 39-15577 (73 FR 
35904, June 25, 2008) and adding the following new AD:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2008-

[[Page 61374]]

1079; Directorate Identifier 2008-NM-116-AD.

Comments Due Date

    (a) We must receive comments by November 17, 2008.

Affected ADs

    (b) The proposed AD supersedes AD 2008-13-14, Amendment 39-
15577.

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 (h) 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.

Restatement of Requirements of AD 2008-13-14

    (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. Except as required by paragraph (g) of this 
AD, 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 (h) of this AD.

                      Table 1--Initial Inspections
------------------------------------------------------------------------
                                       Compliance time (whichever occurs
                                                    later)
   Reference No.       Description   -----------------------------------
                                          Threshold       Grace period
------------------------------------------------------------------------
28-11-00-720-001-A  Functionally      Before the        Within 90 days
 00.                 Check critical    accumulation of   after December
                     bonding           30,000 total      16, 2008.
                     integrity of      flight hours.
                     selected
                     conduits inside
                     the wing tank,
                     Fuel Pump and
                     FQIS connectors
                     at tank wall by
                     conductivity
                     measurements.
28-17-01-720-001-A  Functionally      Before the        Within 90 days
 00.                 Check critical    accumulation of   after December
                     bonding           30,000 total      16, 2008.
                     integrity of      flight hours.
                     Fuel Pump,
                     VFQIS and Low
                     Level SW
                     connectors at
                     tank wall by
                     conductivity
                     measurements.
28-21-01-220-001-A  Inspect Electric  Before the        Within 90 days
 00.                 Fuel Pump         accumulation of   after December
                     Connector.        10,000 total      16, 2008.
                                       flight hours.
28-23-03-220-001-A  Inspect Pilot     Before the        Within 90 days
 00.                 Valve harness     accumulation of   after December
                     inside the        20,000 total      16, 2008.
                     conduit.          flight hours.
28-23-04-220-001-A  Inspect Vent      Before the        Within 90 days
 00.                 Valve harness     accumulation of   after December
                     inside the        20,000 total      16, 2008.
                     conduit.          flight hours.
28-27-01-220-001-A  Inspect Electric  Before the        Within 90 days
 00.                 Fuel Transfer     accumulation of   after December
                     Pump Connector.   10,000 total      16, 2008.
                                       flight hours.
28-41-03-220-001-A  Inspect FQIS      Before the        Within 90 days
 00.                 harness for       accumulation of   after December
                     clamp and wire    20,000 total      16, 2008.
                     jacket            flight hours.
                     integrity.
28-41-07-220-001-A  Inspect VFQIS     Before the        Within 90 days
 00.                 and Low Level     accumulation of   after December
                     SW Harness for    20,000 total      16, 2008.
                     clamp and wire    flight hours.
                     jacket
                     integrity.
------------------------------------------------------------------------

    (3) Within 90 days after July 30, 2008 (the effective date of AD 
2008-13-14), 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 approved as an alternative method of compliance (AMOC) 
in accordance with the procedures specified in paragraph (h) of this 
AD.

New Requirements of This AD: Actions and Compliance

    (g) Unless already done, do the following actions:
    (1) For tasks 28-41-01-720-001-A00 and 28-41-04-720-001-A00 
identified in Section A2.5.2 of Appendix 2 of the MRBR, do the tasks 
at the later of the applicable ``Threshold'' and ``Grace Period'' 
times specified in Table 2 of this AD; and repeat the inspections 
thereafter at the applicable interval specified in Table 2 of this 
AD; except as provided by paragraphs (g)(2) and (h) of this AD.

[[Page 61375]]



                                              Table 2--Inspections
----------------------------------------------------------------------------------------------------------------
                                                         Compliance time (whichever occurs
                                                                      later)                   Repeat inspection
          Reference No.               Description    ----------------------------------------      interval
                                                           Threshold         Grace period
----------------------------------------------------------------------------------------------------------------
28-41-01-720-001-A00............  Functionally Check  Before the          Within 90 days      10,000 flight
                                   Fuel Conditioning   accumulation of     after December      hours on the FCU
                                   Unit (FCU).         10,000 total        16, 2008.           since the last
                                                       flight hours on                         functional check.
                                                       the FCU.
28-41-04-720-001-A00............  Functionally Check  Before the          Within 90 days      10,000 flight
                                   Ventral Fuel        accumulation of     after December      hours on the VFCU
                                   Conditioning Unit   10,000 total        16, 2008.           since the last
                                   (VFCU).             flight hours on                         functional check.
                                                       the VFCU.
----------------------------------------------------------------------------------------------------------------

    (2) After accomplishing the actions specified in paragraphs 
(g)(1) of this AD, no alternative inspections, or inspection 
intervals, may be used unless the inspections or intervals are 
approved as an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (h) 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) EMBRAER EMB135/ERJ140/EMB145 Maintenance Review Board Report 
MRB-145/1150, Revision 11, dated September 19, 2007, specifies 
compliance times to do tasks 28-41-01-720-001-A00 and 28-41-04-720-
001-A00 for certain components based on flight hours of the 
airplane. This AD requires that the tasks be done at compliance 
times based on flight hours of the component.

Other FAA AD Provisions

    (h) 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

    (i) 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 September 25, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-24582 Filed 10-15-08; 8:45 am]
BILLING CODE 4910-13-P