[Federal Register: June 20, 2008 (Volume 73, Number 120)]
[Proposed Rules]
[Page 35098-35100]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn08-18]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0642; Directorate Identifier 2008-NM-039-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 Airplanes, and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to all EMBRAER Model EMB-135 airplanes and
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP
airplanes. The existing AD currently requires replacing the metallic
tubes enclosing the vent and pilot valve wires in the left- and right-
hand wing fuel tanks with non-conductive hoses. This proposed AD would
add airplanes to the applicability of the existing AD. This proposed AD
results from fuel system reviews conducted by the manufacturer. We are
proposing this AD to prevent an ignition source inside the fuel tank
that could ignite fuel vapor and cause a fuel tank explosion and loss
of the airplane.
DATES: We must receive comments on this proposed AD by July 21, 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 W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
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 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, FAA, Transport Airplane Directorate,
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-2008-0642;
Directorate Identifier 2008-NM-039-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 because of 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 1, 2007, we issued AD 2007-12-17, amendment 39-15095 (72 FR
32780, June 14, 2007), for certain EMBRAER Model EMB-135 airplanes and
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP
airplanes. That AD requires replacing the metallic tubes enclosing the
vent and pilot valve wires in the left- and right-hand wing fuel tanks
with non-conductive hoses. That AD resulted from fuel system reviews
conducted by the manufacturer. We issued that AD to prevent an ignition
source inside the fuel tank that could ignite fuel vapor and cause a
fuel tank explosion and loss of the airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2007-12-17, we have been notified by the
airplane manufacturer that additional airplanes are also subject to the
unsafe condition identified in the existing AD.
Relevant Service Information
EMBRAER has issued Service Bulletin 145-28-0023, Revision 11, dated
December 4, 2007. The procedures specified in Revision 11 of the
service bulletin are essentially the same as those described in EMBRAER
Service Bulletin 145-28-0023, Revision 07, dated February 7, 2007. We
referred to Revision 07 of the service bulletin in AD 2007-12-17 as the
appropriate source of service information for actions required in that
AD for certain airplanes. However, Revision 11 of the service bulletin
includes airplanes that are not identified in Revision 07.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition.
U.S. Type Certification of the Airplane
These airplane models are manufactured in Brazil and are type-
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement.
This proposed AD would supersede AD 2007-12-17 and would retain the
requirements of the existing AD. This proposed AD would also add
airplanes to the applicability of the existing AD.
[[Page 35099]]
Differences Between the Proposed AD and Service Information
This proposed AD is applicable to all EMBRAER Model EMB-135
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes. The EMBRAER service bulletins were revised to add
airplanes to the effectivities of those documents, but they do not
apply to all airplanes. We have coordinated this difference with both
EMBRAER and the Ag[ecirc]ncia Nacional de Avia[ccedil]o Civil (ANAC).
It should be noted that ANAC is not issuing a parallel airworthiness
directive because they have previously issued Brazilian airworthiness
directive 2006-06-02, effective June 28, 2006, addressing the
identified unsafe condition; that airworthiness directive is applicable
to ``all EMBRAER EMB-145( ) and EMB-135( ) aircraft models in
operation.''
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD. The average labor rate is $80 per work
hour.
Estimated Costs
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Number of U.S.-
Action Work hours Parts Cost per registered Fleet cost
airplane airplanes
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Tube replacement (required by 1 $1,121 (for $1,201 30 $36,030
AD 2007-12-17). Model EMB-135BJ
airplanes).
1 $1,788 (for 1,868 593 1,107,724
remaining
airplanes).
Tube replacement for 1 $1,121 (for 1,201 11 13,211
additional airplanes. Model EMB-135BJ
airplanes).
1 $1,788 (for 1,868 75 140,100
remaining
additional
airplanes).
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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 have 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 that the 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. See the
ADDRESSES section for a location to examine the regulatory evaluation.
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-15095 (72 FR 32780, June 14, 2007) and adding the
following new airworthiness directive (AD):
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2008-0642; Directorate Identifier 2008-NM-039-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by July 21,
2008.
Affected ADs
(b) This AD supersedes AD 2007-12-17.
Applicability
(c) This AD applies to all EMBRAER Model EMB-135ER, -135KE, -
135KL, -135LR, and -135BJ airplanes; and all Model EMB-145, -145ER,
-145MR, -145LR, -145XR, -145MP, and -145EP airplanes; certificated
in any category.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent an ignition source
inside the fuel tank that could ignite fuel vapor and cause a fuel
tank explosion and loss of the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Requirements of AD 2007-12-17 Including Additional Airplanes
Tube Replacement
(f) For airplanes identified in the applicable service bulletins
specified in paragraphs (f)(1) and (f)(2) of this AD: Within 5,000
flight hours or 48 months after July 19, 2007 (the effective date of
AD 2007-12-17), whichever occurs first, replace the metallic tubes
enclosing the vent and pilot valve wires in the left- and right-hand
wing fuel tanks with new, improved, non-conductive hoses, in
accordance with the Accomplishment Instructions of the service
bulletins specified in paragraph (f)(1) or (f)(2) of this AD, as
applicable.
(1) For Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes: EMBRAER Service
Bulletin 145-28-0023, Revision 07, dated February 7, 2007.
[[Page 35100]]
(2) For Model EMB-135BJ airplanes: EMBRAER Service Bulletin
145LEG-28-0018, Revision 01, dated April 20, 2005.
(g) For Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes that are not
identified in paragraph (f)(1) of this AD: Within 5,000 flight hours
or 48 months after the effective date of this AD, whichever occurs
first, replace the metallic tubes enclosing the vent and pilot valve
wires in the left- and right-hand wing fuel tanks with new,
improved, non-conductive hoses; in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 145-28-0023,
Revision 11, dated December 4, 2007.
Credit for Actions Done Using Previous Service Information
(h) Actions accomplished before the effective date of this AD in
accordance with the service information specified in Table 1 of this
AD are considered acceptable for compliance with the corresponding
actions of this AD.
Table 1.--Acceptable EMBRAER Service Information
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EMBRAER Service Bulletin Revision level Date
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145-28-0023......................... Original............................ April 19, 2004.
145-28-0023......................... 01.................................. June 9, 2004.
145-28-0023......................... 02.................................. November 8, 2004.
145-28-0023......................... 03.................................. April 27, 2005.
145-28-0023......................... 04.................................. November 7, 2005.
145-28-0023......................... 05.................................. May 15, 2006.
145-28-0023......................... 06.................................. October 31, 2006.
145-28-0023......................... 07.................................. February 7, 2007.
145-28-0023......................... 08.................................. May 25, 2007.
145-28-0023......................... 09.................................. July 30, 2007.
145-28-0023......................... 10.................................. October 28, 2007.
145LEG-28-0018...................... Original............................ April 23, 2004.
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Compliance (AMOCs)
(i)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
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.
Related Information
(j) None.
Issued in Renton, Washington, on June 6, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-13923 Filed 6-19-08; 8:45 am]
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