Federal Register, Volume 73 Issue 201 (Thursday, October 16, 2008)

[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Proposed Rules]
[Pages 61375-61378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24583]

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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: Notice of proposed rulemaking (NPRM).

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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 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,

[[Page 61376]]

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-2008-1080;
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

On June 13, 2008, we issued AD 2008-13-15, Amendment 39-15578 (73
FR 35908, June 25, 2008). That AD requires actions intended to address
an unsafe condition on the products listed above.
The preamble to AD 2008-13-15 explains that we were considering
further rulemaking to address tasks 28-41-01-720-001-A00 and 28-46-05-
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 Legacy BJ--Maintenance Planning Guide MPG-1483, Revision 5,
dated March 22, 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 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 41 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. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on 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 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 39-15578 (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 November 17, 2008.

Affected ADs

(b) The proposed AD supersedes AD 2008-13-15, Amendment 39-
15578.

[[Page 61377]]

Applicability

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 2008-13-15

(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. Except as required by paragraph (g) of this
AD, 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 (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.
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.
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(3) Within 90 days after July 30, 2008 (the effective date of AD
2008-13-15), 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 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 28-46-05-720-001-A00
identified in Section A2.5.2 of Appendix 2 of the MPG, 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 61378]]

Table 2--Inspections
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Compliance time (whichever occurs
later) Repeat inspection
Reference No. Description ---------------------------------------- interval
Threshold Grace period
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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.
28-46-05-720-001-A00............ Functionally Check Before the Within 90 days 10,000 flight
Auxiliary Fuel accumulation of after December hours on the
Conditioning Unit 10,000 total 16, 2008. auxiliary FCU
(VFCU). flight hours on since the last
the auxiliary FCU. functional check.
----------------------------------------------------------------------------------------------------------------

(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) 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.
(3) EMBRAER Legacy BJ--Maintenance Planning Guide MPG-1483,
Revision 5, dated March 22, 2007, specifies compliance times to do
tasks 28-41-01-720-001-A00 and 28-46-05-720-001-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 2007-08-01,
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.

Issued in Renton, Washington, on September 26, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-24583 Filed 10-15-08; 8:45 am]
BILLING CODE 4910-13-P