Published 2010-08-05 · Federal Register document 2010-18293
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
Publication summary
We are superseding an existing airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an airworthiness authority of another country to identify and correct an unsafe condition on an aviation product. The earlier MCAI, Brazilian Airworthiness Directive 2007-08-02, effective September 27, 2007, describes the unsafe condition as:
Why this record is shown
Source: Federal Register annual FAA metadata. Acquired 2026-09-03T22:23:33.146842+00:00. The title, summary and date are source facts.
- Source revision
- federal_register_ad_metadata_2010-a7267cd3a71dbd26
- Source row
- results[235]
- Raw source SHA-256
- a7267cd3a71dbd2645583c8a673df65e4a7fa9360a96e3be0de5b81f9d68c9a0
Final-rule publication
Recorded publication clauses
- AD identifier printed in this edition
- 2010-16-01
- Effective date printed in this edition
- 2010-09-09
Read 10 complete recorded clauses
Effective Date
Effective Date
(a) This airworthiness directive (AD) becomes effective
September 9, 2010.
Exact source excerpt. Text positions 12246–12343, end exclusive, in the original decoded publication. SHA-256: d58344f73d6d89975874c12ea4708ce34d2b4a49d903bd69aa281ae02e987a57
Affected ADs
Affected ADs
(b) This AD supersedes AD 2008-13-14, Amendment 39-15577.
Exact source excerpt. Text positions 12343–12420, end exclusive, in the original decoded publication. SHA-256: 18b97923d34590e1c803a27c47b00d26d11af9cab457a76e27ef6d83bc166e16
Applicability wording · Applicability
Applicability
(c) This AD applies to 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; 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.
Exact source excerpt. Text positions 12420–13524, end exclusive, in the original decoded publication. SHA-256: 92f89b53577d011e25de9bd783a5ca9369713c18e4f2e207f1b035689c50c951
Subject
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Exact source excerpt. Text positions 13524–13600, end exclusive, in the original decoded publication. SHA-256: 564a3b0bb8d7b5a1810f3275157fec0cd09c337ce3688635ce34abdf3119127f
Reason
Reason
(e) The mandatory continuing airworthiness information (MCAI),
Brazilian Airworthiness Directive 2007-08-02, 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. * * *
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 2008-13-14
Exact source excerpt. Text positions 13600–14878, end exclusive, in the original decoded publication. SHA-256: 158d5c5259ac4f31feab54a02750950a6e65777cfd52e63f2787e1f8cdcba195
Actions and Compliance
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 EMB135/ERJ140/EMB145 Maintenance Review Board
Report MRB-145/1150, Revision 11, dated September 19, 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 EMB135/ERJ140/EMB145 Maintenance Review
Board
[[Page 47187]]
Report MRB-145/1150, Revision 11, dated September 19, 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 EMB135/ERJ140/EMB145 Maintenance Review
Board Report MRB-145/1150, Revision 11, dated September 19, 2007,
except as provided by paragraphs (f)(3) 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-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.
28-17-01-720-001-A00............. Functionally Check Before the accumulation Within 90 days after
critical bonding of 30,000 total flight December 16, 2008.
integrity of Fuel Pump, hours.
VFQIS and Low Level SW
connectors at tank wall
by conductivity
measurements.
28-21-01-220-001-A00............. Inspect Electric Fuel Before the accumulation Within 90 days after
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.
28-27-01-220-001-A00............. Inspect Electric Fuel Before the accumulation Within 90 days after
Transfer Pump Connector. of 10,000 total flight December 16, 2008.
hours.
28-41-03-220-001-A00............. Inspect FQIS harness for Before the accumulation Within 90 days after
clamp and wire jacket of 20,000 total flight December 16, 2008.
integrity. hours.
28-41-07-220-001-A00............. Inspect VFQIS and Low Before the accumulation Within 90 days after
Level SW Harness for of 20,000 total flight December 16, 2008.
clamp and wire jacket hours.
integrity.
----------------------------------------------------------------------------------------------------------------
(2) Within 90 days after July 30, 2008 (the effective date of AD
2008-13-14), 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 EMB135/ERJ140/EMB145
Maintenance Review Board Report MRB-145/1150, Revision 11, dated
September 19, 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
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Actions and Compliance
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-
41-04-720-001-A01 identified in Table 2 of this AD into Section
A2.5.2, Fuel System Limitation Items, of Appendix 2 of EMBRAER
EMB135/ERJ140/EMB145 Maintenance Review Board Report MRB-145/1150.
After incorporating Tasks 28-41-01-720-001-A01 and 28-41-04-720-001-
A01 identified in Table 2 of this AD, Tasks 28-41-01-720-001-A00 and
28-41-04-720-001-A00 identified in Section A2.5.2 of Appendix 2 of
EMBRAER EMB135/ERJ140/EMB145 Maintenance Review Board Report MRB-
145/1150, Revision 11, dated September 19, 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. FCUs on which Parker has performed the initial tasks
required by this paragraph before the effective date of this AD, and
which are marked with ``Service Bulletin 367-934-28-110, Revision
A'' and the date of accomplishment, are in compliance with the
corresponding task required by this paragraph.
[[Page 47188]]
Table 2--Inspections
--------------------------------------------------------------------------------------------------------------------------------------------------------
Compliance time (whichever occurs later)
Task No. Description Part No. -------------------------------------------- Repetitive interval
Threshold Grace period (not to exceed)
--------------------------------------------------------------------------------------------------------------------------------------------------------
28-41-01-720-001-A01............. Perform an initial functional check 367-934-001 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 hours on the FCU. functional check.
shown 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 Component
Maintenance Manual (CMM) 28-41-36,
Revision 4, dated March 13, 2009.
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 hours on the FCU. functional check.
shown 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 FCU,
in accordance with Parker CMM 28-
41-69, Revision 2, dated March 13,
2009.
28-41-04-720-001-A01............. Perform an initial functional check 367-934-005 Before the Within 90 days after 10,000 flight hours
as shown in Testing and Fault accumulation of the effective date on the VFCU since
Isolation sections 1, 2, and 3; an 10,000 total flight of this AD. the most recent
external visual inspection as hours on the VFCU. functional check.
shown 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
ventral FCU (VFCU), in accordance
with Parker CMM 28-41-80, dated
April 3, 2009.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 47189]]
(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)(1) 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) The applicability of Brazilian AD 2009-08-03, effective
August 20, 2009, includes Model EMB-135BJ airplanes. This AD does
not include that model because that model is included in the
applicability of FAA AD 2008-13-15, Amendment 39-15578. We are
considering further rulemaking to revise AD 2008-13-15.
(2) 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).
Exact source excerpt. Text positions 20219–28568, end exclusive, in the original decoded publication. SHA-256: 886309256d589d099d5cad70156d9680b3a19c926a88f4bec53c84975df009f4
Other FAA AD Provisions
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.
Exact source excerpt. Text positions 28568–30099, end exclusive, in the original decoded publication. SHA-256: e3e4fd7bc9bff3fc268aa044f5576db6aded2d4bb7b92ffbbaf2d4863d258a4f
Related Information
Related Information
(i) Refer to MCAI Brazilian Airworthiness Directives 2007-08-02,
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 EMB135/ERJ140/EMB145 Maintenance Review Board
Report MRB-145/1150, Revision 11, dated September 19, 2007; and the
Parker CMMs listed in Table 2 of this AD; for related information.
Exact source excerpt. Text positions 30099–30590, end exclusive, in the original decoded publication. SHA-256: 2c6b79d1ba64502327e2f928b262c3fc7dcaa562aeafa1900c1c7752c9b118fe
Material Incorporated by Reference
Material Incorporated by Reference
(j) You must use the applicable service information contained in
Table 3 of this AD to do the actions required by this AD, unless the
AD specifies otherwise. (Parker Component Maintenance Manual 28-41-
36, Revision 4, dated March 13, 2009, contains an incorrect date on
page 105; the correct date is March 13, 2009.) (Parker Component
Maintenance Manual 28-41-69, Revision 2, dated March 13, 2009,
contains the following errors: Page 105 contains an incorrect date;
the correct date is March 13, 2009; and there are 3 pages identified
with the same page number (i.e., LEP-2); the first page identified
as LEP-2 (i.e., Sheet 1 of 2) should be identified as LEP-1 and the
third page identified as LEP-2 (i.e., the blank page) should be
identified as LEP-3.)
Table 3--All Material Incorporated by Reference
------------------------------------------------------------------------
Document Revision Date
------------------------------------------------------------------------
Sections A2.5.2, Fuel System 11............. September 19, 2007.
Limitation Items, and A2.4,
Critical Design Configuration
Control Limitation (CDCCL),
of Appendix 2 of EMBRAER
EMB135/ERJ140/EMB145
Maintenance Review Board
Report MRB-145/1150.
Parker Component Maintenance 4.............. March 13, 2009.
Manual 28-41-36.
Parker Component Maintenance 2.............. March 13, 2009.
Manual 28-41-69.
Parker Component Maintenance Original....... April 3, 2009.
Manual 28-41-80.
------------------------------------------------------------------------
(1) The Director of the Federal Register approved the
incorporation by reference of the service information contained in
Table 4 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.
Table 4--New Material Incorporated by Reference
------------------------------------------------------------------------
Document Revision Date
------------------------------------------------------------------------
Parker Component Maintenance 4............... March 13, 2009.
Manual 28-41-36.
Parker Component Maintenance 2............... March 13, 2009.
Manual 28-41-69.
Parker Component Maintenance Original........ April 3, 2009.
Manual 28-41-80.
------------------------------------------------------------------------
(2) The Director of the Federal Register previously approved the
incorporation by reference of Sections A2.5.2, Fuel System
Limitation Items, and A2.4, Critical Design Configuration Control
Limitation (CDCCL), of Appendix 2 of EMBRAER EMB135/ERJ140/EMB145
Maintenance Review Board Report MRB-145/1150, Revision 11, dated
September 19, 2007, on July 30, 2008 (73 FR 35904, June 25, 2008).
(3) For EMBRAER service information identified in this 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. For
Parker service information identified in this AD, contact Parker
Hannifin Corporation, Aerospace Group, Electronic Systems Division,
300 Marcus Boulevard, Smithtown, New York
[[Page 47190]]
11787; telephone 631-231-3737; e-mail [email protected];
Internet: http://www.parker.com.
(4) You may review copies of the 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.
(5) You may also review copies of the service information that
is incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.
Exact source excerpt. Text positions 30590–34667, end exclusive, in the original decoded publication. SHA-256: c681b335d9dbecf317564d4a440f6bb8d8e7cf013683434391a78a13e7c0b8d3
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Official source · 2010-08-05
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Read the complete official publication text
[Federal Register Volume 75, Number 150 (Thursday, August 5, 2010)]
[Rules and Regulations]
[Pages 47184-47190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18293]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-1079; Directorate Identifier 2008-NM-116-AD;
Amendment 39-16377; AD 2010-16-01]
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), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 47185]]
SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. This AD results from mandatory
continuing airworthiness information (MCAI) issued by an airworthiness
authority of another country to identify and correct an unsafe
condition on an aviation product. The earlier MCAI, Brazilian
Airworthiness Directive 2007-08-02, effective September 27, 2007,
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 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.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective September 9, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 9,
2010.
On July 30, 2008 (73 FR 35904, June 25, 2008), the Director of the
Federal Register approved the incorporation by reference of a certain
publication listed in this AD.
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: 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:
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 March 23, 2010 (75 FR 13689), and proposed to supersede AD 2008-13-
14, Amendment 39-15577 (73 FR 35904, June 25, 2008). That NPRM proposed
to require revision of the airworthiness limitations section of the
Instructions for Continued Airworthiness to incorporate new limitations
for fuel tank systems. The earlier MCAI, Brazilian Airworthiness
Directive 2007-08-02, effective September 27, 2007, 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 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 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 comments received.
Request To Allow Service Bulletin for Compliance
ExpressJet Airlines and EMBRAER request that we revise the
supplemental NPRM to consider Parker Service Bulletin 367-934-28-110,
Revision A, dated December 19, 2006, as documentation for past
compliance with the inspections and functional checks of the safe-life
features.
ExpressJet reports that, since early 2007, Parker has been
referencing this service bulletin (by marking the inspected units with
the service bulletin number and date of accomplishment) to show
compliance with these inspections.
EMBRAER notes that the fuel conditioning unit (FCU) and the ventral
fuel conditioning unit (VFCU) are manufactured by Parker. To clarify
which checks and inspections are to be performed on the FCU and VFCU,
and ensure that the safe-life features are maintained, Parker has
published Component Maintenance Manuals (CMMs) 28-41-36, Revision 4,
dated March 13, 2009; 28-41-69, Revision 2, dated March 13, 2009; and
28-41-80, dated April 3, 2009. Parker also issued Test Manual (TM)
4213-025, ``Identicallity of Testing Performed--EMB-145 FCU CMM 28-41-
XX/Service Bulletin 367-934-28-110 for EMB-145 FAMILY--Fuel
Conditioning Units,'' Revision A, dated October 13, 2009. EMBRAER
states that the purpose of the TM is to describe the identicality of
the testing performed on EMB-145 FCUs returned under the current
service bulletin to the CMMs. The TM substantiates that all CUs already
in compliance with the 10,000-flight-hour inspection in accordance with
Parker Service Bulletin 367-934-28-110 have had the equivalent
inspection to the safe-life testing required in the CMMs. EMBRAER
reports that, when an FCU is returned to the field after having the
service bulletin incorporated, the unit is returned to the customer
with an FAA 8130-3 tag indicating that Parker Service Bulletin 367-934-
28-110 was accomplished, and the FCU is also marked accordingly.
We agree with the request and the commenters' rationale. We have
added a provision to this AD to consider FCUs inspected by Parker and
marked with the service bulletin number and the date of accomplishment
to be in compliance with the requirements of paragraph (g)(1) of this
AD.
Conclusion
We reviewed the available data, including the comments 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 a U.S. court of
law. In making these changes, we do not intend to differ substantively
[[Page 47186]]
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 described in a separate paragraph of the AD. These requirements, if
any, take precedence over the actions copied from the MCAI.
Costs of Compliance
Based on the service information, we estimate that this AD affects
about 41 products of U.S. registry.
The actions that are required by AD 2008-13-14 and retained in this
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 takes about 1 work-hour per product to comply
with the new basic requirements of this AD. The average labor rate is
$85 per work-hour. Based on these figures, we estimate the cost of the
AD on U.S. operators to be $3,485, 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 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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under 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 removing Amendment 39-15577 (73 FR
35904, June 25, 2008) and adding the following new AD:
2010-16-01 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16377. Docket No. FAA-2008-1079; Directorate Identifier
2008-NM-116-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective
September 9, 2010.
Affected ADs
(b) This AD supersedes AD 2008-13-14, Amendment 39-15577.
Applicability
(c) This AD applies to 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; 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),
Brazilian Airworthiness Directive 2007-08-02, 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. * * *
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 2008-13-14
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 EMB135/ERJ140/EMB145 Maintenance Review Board
Report MRB-145/1150, Revision 11, dated September 19, 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 EMB135/ERJ140/EMB145 Maintenance Review
Board
[[Page 47187]]
Report MRB-145/1150, Revision 11, dated September 19, 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 EMB135/ERJ140/EMB145 Maintenance Review
Board Report MRB-145/1150, Revision 11, dated September 19, 2007,
except as provided by paragraphs (f)(3) 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-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.
28-17-01-720-001-A00............. Functionally Check Before the accumulation Within 90 days after
critical bonding of 30,000 total flight December 16, 2008.
integrity of Fuel Pump, hours.
VFQIS and Low Level SW
connectors at tank wall
by conductivity
measurements.
28-21-01-220-001-A00............. Inspect Electric Fuel Before the accumulation Within 90 days after
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.
28-27-01-220-001-A00............. Inspect Electric Fuel Before the accumulation Within 90 days after
Transfer Pump Connector. of 10,000 total flight December 16, 2008.
hours.
28-41-03-220-001-A00............. Inspect FQIS harness for Before the accumulation Within 90 days after
clamp and wire jacket of 20,000 total flight December 16, 2008.
integrity. hours.
28-41-07-220-001-A00............. Inspect VFQIS and Low Before the accumulation Within 90 days after
Level SW Harness for of 20,000 total flight December 16, 2008.
clamp and wire jacket hours.
integrity.
----------------------------------------------------------------------------------------------------------------
(2) Within 90 days after July 30, 2008 (the effective date of AD
2008-13-14), 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 EMB135/ERJ140/EMB145
Maintenance Review Board Report MRB-145/1150, Revision 11, dated
September 19, 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-
41-04-720-001-A01 identified in Table 2 of this AD into Section
A2.5.2, Fuel System Limitation Items, of Appendix 2 of EMBRAER
EMB135/ERJ140/EMB145 Maintenance Review Board Report MRB-145/1150.
After incorporating Tasks 28-41-01-720-001-A01 and 28-41-04-720-001-
A01 identified in Table 2 of this AD, Tasks 28-41-01-720-001-A00 and
28-41-04-720-001-A00 identified in Section A2.5.2 of Appendix 2 of
EMBRAER EMB135/ERJ140/EMB145 Maintenance Review Board Report MRB-
145/1150, Revision 11, dated September 19, 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. FCUs on which Parker has performed the initial tasks
required by this paragraph before the effective date of this AD, and
which are marked with ``Service Bulletin 367-934-28-110, Revision
A'' and the date of accomplishment, are in compliance with the
corresponding task required by this paragraph.
[[Page 47188]]
Table 2--Inspections
--------------------------------------------------------------------------------------------------------------------------------------------------------
Compliance time (whichever occurs later)
Task No. Description Part No. -------------------------------------------- Repetitive interval
Threshold Grace period (not to exceed)
--------------------------------------------------------------------------------------------------------------------------------------------------------
28-41-01-720-001-A01............. Perform an initial functional check 367-934-001 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 hours on the FCU. functional check.
shown 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 Component
Maintenance Manual (CMM) 28-41-36,
Revision 4, dated March 13, 2009.
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 hours on the FCU. functional check.
shown 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 FCU,
in accordance with Parker CMM 28-
41-69, Revision 2, dated March 13,
2009.
28-41-04-720-001-A01............. Perform an initial functional check 367-934-005 Before the Within 90 days after 10,000 flight hours
as shown in Testing and Fault accumulation of the effective date on the VFCU since
Isolation sections 1, 2, and 3; an 10,000 total flight of this AD. the most recent
external visual inspection as hours on the VFCU. functional check.
shown 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
ventral FCU (VFCU), in accordance
with Parker CMM 28-41-80, dated
April 3, 2009.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 47189]]
(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)(1) 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) The applicability of Brazilian AD 2009-08-03, effective
August 20, 2009, includes Model EMB-135BJ airplanes. This AD does
not include that model because that model is included in the
applicability of FAA AD 2008-13-15, Amendment 39-15578. We are
considering further rulemaking to revise AD 2008-13-15.
(2) 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 2007-08-02,
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 EMB135/ERJ140/EMB145 Maintenance Review Board
Report MRB-145/1150, Revision 11, dated September 19, 2007; and the
Parker CMMs listed in Table 2 of this AD; for related information.
Material Incorporated by Reference
(j) You must use the applicable service information contained in
Table 3 of this AD to do the actions required by this AD, unless the
AD specifies otherwise. (Parker Component Maintenance Manual 28-41-
36, Revision 4, dated March 13, 2009, contains an incorrect date on
page 105; the correct date is March 13, 2009.) (Parker Component
Maintenance Manual 28-41-69, Revision 2, dated March 13, 2009,
contains the following errors: Page 105 contains an incorrect date;
the correct date is March 13, 2009; and there are 3 pages identified
with the same page number (i.e., LEP-2); the first page identified
as LEP-2 (i.e., Sheet 1 of 2) should be identified as LEP-1 and the
third page identified as LEP-2 (i.e., the blank page) should be
identified as LEP-3.)
Table 3--All Material Incorporated by Reference
------------------------------------------------------------------------
Document Revision Date
------------------------------------------------------------------------
Sections A2.5.2, Fuel System 11............. September 19, 2007.
Limitation Items, and A2.4,
Critical Design Configuration
Control Limitation (CDCCL),
of Appendix 2 of EMBRAER
EMB135/ERJ140/EMB145
Maintenance Review Board
Report MRB-145/1150.
Parker Component Maintenance 4.............. March 13, 2009.
Manual 28-41-36.
Parker Component Maintenance 2.............. March 13, 2009.
Manual 28-41-69.
Parker Component Maintenance Original....... April 3, 2009.
Manual 28-41-80.
------------------------------------------------------------------------
(1) The Director of the Federal Register approved the
incorporation by reference of the service information contained in
Table 4 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.
Table 4--New Material Incorporated by Reference
------------------------------------------------------------------------
Document Revision Date
------------------------------------------------------------------------
Parker Component Maintenance 4............... March 13, 2009.
Manual 28-41-36.
Parker Component Maintenance 2............... March 13, 2009.
Manual 28-41-69.
Parker Component Maintenance Original........ April 3, 2009.
Manual 28-41-80.
------------------------------------------------------------------------
(2) The Director of the Federal Register previously approved the
incorporation by reference of Sections A2.5.2, Fuel System
Limitation Items, and A2.4, Critical Design Configuration Control
Limitation (CDCCL), of Appendix 2 of EMBRAER EMB135/ERJ140/EMB145
Maintenance Review Board Report MRB-145/1150, Revision 11, dated
September 19, 2007, on July 30, 2008 (73 FR 35904, June 25, 2008).
(3) For EMBRAER service information identified in this 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. For
Parker service information identified in this AD, contact Parker
Hannifin Corporation, Aerospace Group, Electronic Systems Division,
300 Marcus Boulevard, Smithtown, New York
[[Page 47190]]
11787; telephone 631-231-3737; e-mail [email protected];
Internet: http://www.parker.com.
(4) You may review copies of the 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.
(5) You may also review copies of the service information that
is incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington on July 16, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-18293 Filed 8-4-10; 8:45 am]
BILLING CODE 4910-13-P
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