[Federal Register Volume 75, Number 55 (Tuesday, March 23, 2010)]
[Proposed Rules]
[Pages 13684-13689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6308]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-1080; Directorate Identifier 2008-NM-118-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: We are revising an earlier NPRM for the products listed above
that would supersede an existing AD. This action revises the earlier
NPRM by expanding the scope. 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 earlier MCAI, Brazilian
Airworthiness Directive 2007-08-01, effective September 27, 2007,
describes the unsafe condition as:
Fuel system reassessment, performed according to RBHA-E88/SFAR-
88
[[Page 13685]]
(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 new MCAI, Brazilian Airworthiness Directive 2009-08-03, effective
August 20, 2009, describes the unsafe condition as:
An airplane fuel tank systems review required by Special Federal
Aviation Regulation Number 88 (SFAR 88) and ``RBHA Especial
N[uacute]mero 88'' (RBHA E 88) has shown that additional maintenance
and inspection instructions are necessary to maintain the design
features required to preclude the existence or development of an
ignition source within the fuel tanks of the airplane.
* * * * *
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 April 19, 2010.
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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--
12227-901 S[atilde]o Jose dos Campos-SP--BRASIL; telephone: +55 12
3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail:
[email protected]; Internet: http://www.flyembraer.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call 425-227-1221.
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 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, Transport Airplane Directorate, FAA,
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-2008-1080;
Directorate Identifier 2008-NM-118-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
We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on
October 16, 2008 (73 FR 61375). That earlier NPRM proposed to supersede
AD 2008-13-15, Amendment 39-15578 (73 FR 35908, June 25, 2008), to
require actions intended to address the unsafe condition for the
products listed above.
Since that NPRM was issued, the Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority for
Brazil, has issued Airworthiness Directive 2009-08-03, dated August 20,
2009 (referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:
An airplane fuel tank systems review required by Special Federal
Aviation Regulation Number 88 (SFAR 88) and ``RBHA Especial
N[uacute]mero 88'' (RBHA E 88) has shown that additional maintenance
and inspection instructions are necessary to maintain the design
features required to preclude the existence or development of an
ignition source within the fuel tanks of the airplane.
* * * * *
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.
Additional Actions Since NPRM Was Issued
Since we issued the earlier NPRM, which included a proposal to
require incorporation of critical design configuration control
limitations (CDCCLs), we have determined that it is necessary to
clarify the proposed AD's intended effect on spare and on-airplane fuel
tank system components, regarding the use of maintenance manuals and
instructions for continued airworthiness.
Section 91.403(c) of the Federal Aviation Regulations (14 CFR
91.403(c)) specifies the following:
No person may operate an aircraft for which a manufacturer's
maintenance manual or instructions for continued airworthiness has
been issued that contains an airworthiness limitation section unless
the mandatory procedures have been complied with.
Some operators have questioned whether existing components affected
by the new CDCCLs must be reworked. We did not intend for the AD to
retroactively require rework of components that had been maintained
using acceptable methods before the effective date of the AD. Owners
and operators of the affected airplanes therefore are not required to
rework affected components identified as airworthy or installed on the
affected airplanes before the required revisions of the ALS of the ICA.
But once the CDCCLs are incorporated into the ALS of the ICA, future
maintenance actions on components must be done in accordance with those
CDCCLs.
Comments
We have considered the following comment received on the earlier
NPRM.
Request To Revise Actions Specified in Table 2 of the NPRM
Embraer requests that we revise the actions specified in Table 2 of
the NPRM (functional checks of the fuel conditioning unit and the
ventral fuel conditioning unit). Embraer states that a functional check
of the fuel conditioning unit would not entirely address the unsafe
condition and that a functional check of the safe-life features in
connection with internal and external
[[Page 13686]]
inspections is necessary. Embraer notes that Parker revised Component
Maintenance Manual (CMM) 28-41-36 on March 5, 2007, to include a
functional check of the safe-life features for fuel conditioning unit
part number (P/N) 367-934-001. Embraer recommends that a functional
check of the safe-life features and inspections to ensure the safe-life
features be included in Table 2 of the NPRM. Embraer also suggests that
Parker Service Bulletin 367-934-28-110, Revision A, dated December 19,
2006, be included as an optional method of compliance for doing the
safe-life check.
We agree to revise Table 2 of the supplemental NPRM to include new
actions to check and inspect safe-life features to adequately address
the identified unsafe condition. However, we have not included fuel
conditioning unit P/N 367-934-001, as the part is not installed on
Model EMB-135BJ airplanes. We have revised Table 2 of this AD to
include fuel conditioning unit P/Ns 367-934-002, 367-934-004, and 367-
934-006. However, we have not included Parker Service Bulletin 367-934-
28-110, Revision A, dated December 19, 2006, as an optional method of
compliance because that service bulletin does not refer to a specific
component maintenance manual. Instead, we have included the Parker CMMs
for these part numbers in Table 2 of this AD, as specified in the
following table. We have coordinated this action with ANAC.
Parker Service Information
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Document Revision Date
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Parker Component Maintenance 1............... March 13, 2009.
Manual 28-41-66 with
Illustrated Parts List for
Fuel Conditioning Unit Part
Number 367-934-004.
Parker Component Maintenance 2............... March 13, 2009.
Manual 28-41-69 with
Illustrated Parts List for
Fuel Conditioning Unit Part
Number 367-934-002.
Parker Component Maintenance Original........ April 3, 2009.
Manual 28-41-90 with
Illustrated Parts List for
Fuel Conditioning Unit Part
Number 367-934-006.
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We have also revised the ``Grace Period'' specified in Table 2 of
the supplemental NPRM from ``Within 90 days after December 16, 2008''
to ``Within 90 days after the effective date of this AD.''
We have also revised paragraph (g)(1) of this AD to clarify that
the new tasks are part of the ALS of the ICA and added a 30-day
compliance time to revise the ALS of the ICA to incorporate the new
tasks.
Clarification of Service Information
Paragraph (f)(1) of the original NPRM defines the term ``MPG'' as
EMBRAER Legacy BJ-Maintenance Planning Guide (MPG) MPG-1483, Revision
5, dated March 22, 2007. However, instead of using the term ``MPG'' in
this supplemental NPRM, we have used the full document citation
throughout this supplemental NPRM, as appropriate. Therefore, we have
removed paragraph (f)(1) of the NPRM from this supplemental NPRM and
have revised the subsequent paragraph identifiers accordingly.
Explanation of Change to Costs of Compliance
Since issuance of the original NPRM, we have increased the labor
rate used in the Costs of Compliance from $80 per work-hour to $85 per
work-hour. The Costs of Compliance information, below, reflects this
increase in the specified hourly labor rate.
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.
Certain changes described above expand the scope of the earlier
NPRM. As a result, we have determined that it is necessary to reopen
the comment period to provide additional opportunity for the public to
comment on this proposed 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 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 43 products of U.S. registry.
The actions that are required by AD 2008-13-15 and retained in this
proposed AD take about 1 work-hour per product, at an average labor
rate of $85 per work hour. Based on these figures, the estimated cost
of the currently required actions is $85 per product.
We estimate that it would take about 1 work-hour per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of the proposed AD on U.S. operators to be $3,655, or $85 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
[[Page 13687]]
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, Incorporation by
reference, 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 39-15578 (73 FR
35908, June 25, 2008) and adding the following new AD:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2008-1080; Directorate Identifier 2008-NM-118-AD.
Comments Due Date
(a) We must receive comments by April 19, 2010.
Affected ADs
(b) This AD supersedes AD 2008-13-15, Amendment 39-15578.
Applicability
(c) This AD applies to all Empresa Brasileira de Aeronautica
S.A. (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 (h)(1) 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),
Brazilian Airworthiness Directive 2007-08-01, effective September
27, 2007, states:
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. * * *
And the MCAI, Brazilian Airworthiness Directive 2009-08-03,
effective August 20, 2009, states:
An airplane fuel tank systems review required by Special Federal
Aviation Regulation Number 88 (SFAR 88) and ``RBHA Especial
N[uacute]mero 88'' (RBHA E 88) has shown that additional maintenance
and inspection instructions are necessary to maintain the design
features required to preclude the existence or development of an
ignition source within the fuel tanks of the airplane.
* * * * *
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 2008-13-15
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Before December 16, 2008, revise the ALS of the ICA to
incorporate Section A2.5.2, Fuel System Limitation Items, of
Appendix 2 of EMBRAER Legacy BJ--Maintenance Planning Guide MPG-
1483, Revision 5, dated March 22, 2007, except as provided by
paragraph (g) of this AD. Except as required by paragraph (g) of
this AD, for all tasks identified in Section A2.5.2 of Appendix 2 of
EMBRAER Legacy BJ--Maintenance Planning Guide MPG-1483, Revision 5,
dated March 22, 2007, 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 EMBRAER Legacy BJ--
Maintenance Planning Guide MPG-1483, Revision 5, dated March 22,
2007, except as provided by paragraphs (f)(3) and (h) of this AD.
Table 1--Initial Inspections
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Compliance time (whichever occurs later)
Reference No. Description -------------------------------------------------
Threshold Grace period
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28-11-00-720-001-A00................. Functionally Check Before the accumulation Within 90 days after
critical bonding of 30,000 total flight December 16, 2008.
integrity of selected hours.
conduits inside the
wing tank, Fuel Pump
and FQIS connectors at
tank wall by
conductivity
measurements.
28-13-01-720-002-A00................. Functionally Check Aft Before the accumulation Within 90 days after
Fuel tank critical of 30,000 total flight December 16, 2008.
bonding integrity of hours.
Fuel Pump, FQGS and
Low Level SW
connectors at tank
wall by conductivity
measurements.
28-15-04-720-001-A00................. Functionally Check Fwd Before the accumulation Within 90 days after
Fuel tank critical of 30,000 total flight December 16, 2008.
bonding integrity of hours.
Fuel Pump, FQGS and
Low Level SW
connectors at tank
wall by conductivity
measurements.
28-21-01-220-001-A00................. Inspect Wing Electric Before the accumulation Within 90 days after
Fuel Pump Connector. of 10,000 total flight December 16, 2008.
hours.
[[Page 13688]]
28-23-03-220-001-A00................. Inspect Pilot Valve Before the accumulation Within 90 days after
harness inside the of 20,000 total flight December 16, 2008.
conduit. hours.
28-23-04-220-001-A00................. Inspect Vent Valve Before the accumulation Within 90 days after
harness inside the of 20,000 total flight December 16, 2008.
conduit. hours.
28-41-03-220-001-A00................. Inspect FQIS harness Before the accumulation Within 90 days after
for clamp and wire of 20,000 total flight December 16, 2008.
jacket integrity. hours.
28-46-02-220-001-A00................. Aft Fuel Tank Internal Before the accumulation Within 90 days after
Inspection: FQGS of 20,000 total flight December 16, 2008.
harness and Low Level hours.
SW harness for clamp
and wire jacket
integrity.
28-46-04-220-001-A00................. Fwd Fuel Tank Internal Before the accumulation Within 90 days after
Inspection: FQGS of 20,000 total flight December 16, 2008.
harness and Low Level hours.
SW harness for clamp
and wire jacket
integrity.
----------------------------------------------------------------------------------------------------------------
(2) Within 90 days after July 30, 2008 (the effective date of
AD 2008-13-15), 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 EMBRAER Legacy BJ--Maintenance
Planning Guide MPG-1483, Revision 5, dated March 22, 2007.
(3) After accomplishing the actions specified in paragraphs
(f)(1) and (f)(2) 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) Within 30 days after the effective date of this AD, revise
the ALS of the ICA to incorporate Tasks 28-41-01-720-001-A01 and 28-
46-05-720-001-A01 identified in Table 2 of this AD into Section
A2.5.2 of Appendix 2 of EMBRAER Legacy BJ--Maintenance Planning
Guide MPG-1483. After incorporating Tasks 28-41-01-720-001-A01 and
28-46-05-720-001-A01 identified in Table 2 of this AD, Tasks 28-41-
01-720-001-A00 and 28-46-05-720-001-A00 identified in Section A2.5.2
of Appendix 2 of EMBRAER Legacy BJ--Maintenance Planning Guide MPG-
1483, Revision 5, dated March 22, 2007, are no longer required. For
the fuel limitation tasks identified in Table 2 of this AD, do the
initial task at the later of the applicable ``Threshold'' and
``Grace Period'' times specified in Table 2 of this AD.
Table 2--Inspections
--------------------------------------------------------------------------------------------------------------------------------------------------------
Compliance time (whichever occurs later)
Task No. Description Part No. -------------------------------------------- Repetitive Interval
Threshold Grace period (not to exceed)
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28-41-01-720-001-A01.............. Perform an initial functional check 367-934-002 Before the Within 90 days after 10,000 flight hours
as shown in Testing and Fault accumulation of the effective date on the FCU since
Isolation sections 1, 2, and 3; an 10,000 total flight of this AD. the most recent
external visual inspection as shown hours on the FCU. functional check.
in the Check section 2; an internal
visual inspection as shown in the
Repair section 1; a functional
check of the safe-life features as
shown in Testing and Fault
isolation section 4; and a final
functional check as shown in
Testing and Fault isolation
sections 1, 2, and 3; of the fuel
conditioning unit (FCU), in
accordance with Parker CMM 28-41-
69, Revision 2, dated March 13,
2009.
28-46-05-720-001-A01.............. Perform an initial functional check 367-934-004 Before the Within 90 days after 10,000 flight hours
as shown in Testing and Fault accumulation of the effective date on the AFCU since
Isolation sections 1, 2, and 3; an 10,000 total flight of this AD. the most recent
external visual inspection as shown hours on the AFCU. functional check.
in Check section 2; an internal
visual inspection as shown in
Repair section 1; a functional
check of the safe-life features as
shown in Testing and Fault
Isolation section 4; and a final
functional check as shown in
Testing and Fault isolation
sections 1, 2, and 3; of the
auxiliary fuel conditioning unit
(AFCU), in accordance with Parker
CMM 28-41-66, Revision 1, dated
March 13, 2009.
[[Page 13689]]
28-46-05-720-001-A01.............. Perform an initial functional check 367-934-006 Before the Within 90 days after 10,000 flight hours
as shown in Testing and Fault accumulation of the effective date on the AFCU since
Isolation sections 1, 2, and 3; an 10,000 total flight of this AD. the most recent
external visual inspection as shown hours on the AFCU. functional check.
in Check section 2; an internal
visual inspection as shown in
Repair section 1; a functional
check of the safe-life features as
shown in Testing and Fault
Isolation section 4; and a final
functional check as shown in
Testing and Fault isolation
sections 1, 2, and 3; of the AFCU,
in accordance with Parker CMM
28[dash]41[dash]90, dated April 3,
2009.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(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 AMOC in accordance with the procedures specified in
paragraph (h) of this AD.
Explanation of CDCCL Requirements
Note 2: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the ALS
of the ICA, as required by paragraph (f)(3) of this AD, do not need
to be reworked in accordance with the CDCCLs. However, once the ALS
of the ICA has been revised, future maintenance actions on these
components must be done in accordance with the CDCCLs.
FAA AD Differences
Note 3: This AD differs from the MCAI and/or service information
as follows:
(1) Brazilian Airworthiness Directive 2009-08-03, effective
August 20, 2009, specifies that actions accomplished before the
effective date of that AD, in accordance with Parker Service
Bulletin 367-934-28-110, Revision A, dated December 19, 2006, are
considered acceptable for compliance with the corresponding actions
specified in the AD. This AD specifies that actions accomplished in
accordance with applicable Parker CMM listed in Table 2 of this AD
are considered acceptable for compliance.
(2) The applicability of Brazilian Airworthiness Directive 2009-
08-03, effective August 20, 2009, includes models other than Model
EMB-135BJ airplanes. However, this AD does not include those other
models. Those models are included in the applicability of FAA AD
2008-13-14, Amendment 39-15577. We are considering further
rulemaking to revise AD 2008-13-14.
(3) Although Brazilian Airworthiness Directive 2009-08-03,
effective August 20, 2009, specifies both revising the airworthiness
limitations and repetitively inspecting, this AD only requires the
revision. Requiring a revision of the airworthiness limitations,
rather than requiring individual repetitive inspections, requires
operators to record AD compliance status only at the time they make
the revision, rather than after every inspection. Repetitive
inspections specified in the airworthiness limitations must be
complied with in accordance with 14 CFR 91.403(c).
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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1175; fax (425) 227-1149. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.
(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 (44
U.S.C. 3501 et seq.), 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 MCAI Brazilian Airworthiness Directives 2007-08-01,
effective September 27, 2007, and 2009-08-03, effective August 20,
2009; 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; and the Parker CMMs listed
in Table 2 of this AD; for related information.
Issued in Renton, Washington, on March 16, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-6308 Filed 3-22-10; 8:45 am]
BILLING CODE 4910-13-P