Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ Airplanes

[Federal Register Volume 72, Number 166 (Tuesday, August 28, 2007)]
[Rules and Regulations]
[Pages 49173-49175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16427]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28158; Directorate Identifier 2007-NM-018-AD; 
Amendment 39-15168; AD 2007-17-10]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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:

    It has been found cases in which the drain mast of the water and 
waste system does not meet the SFAR-88 (Special Federal Aviation 
Regulation No. 88) requirements. In case of fuel leakage or fuel 
vapor release, the proximity of this mast with the fuel tank may 
cause fuel ignition, leading to a possible tank explosion.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective October 2, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 2, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.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, FAA, Transport Airplane Directorate, 
1601

[[Page 49174]]

Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-
1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on May 16, 2007 (72 FR 
27491). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found cases in which the drain mast of the water and 
waste system does not meet the SFAR-88 (Special Federal Aviation 
Regulation No. 88) requirements. In case of fuel leakage or fuel 
vapor release, the proximity of this mast with the fuel tank may 
cause fuel ignition, leading to a possible tank explosion.

The MCAI requires replacement of the water and waste system drain masts 
by new ones bearing a new part number (P/N). 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 comment received.

Request To Revise Applicability Statement

    The airplane manufacturer, EMBRAER, requests that we change the 
proposed applicability statement from ``This AD applies to EMBRAER 
Model EMB-135BJ airplanes, certificated in any category; except those 
that have previously accomplished EMBRAER Service Bulletin 145LEG-38-
0015 or 145LEG-38-0020'' to ``This AD applies to EMBRAER Model EMB-
135BJ airplanes, certificated in any category as listed in Embraer 
Service Bulletin 145LEG-38-0013, original issue, dated 24/Mar/2006; 
except those that have previously accomplished EMBRAER Service Bulletin 
145LEG-38-0015 or 145LEG-38-0020.'' We infer that the manufacturer 
wants us to restrict our applicability statement to those airplanes 
with an affected drain mast installed.
    We agree to revise the applicability statement of this AD. The 
service bulletin identifies only those airplanes that have an affected 
drain mast installed. We have revised paragraph (c) of this AD to 
clarify which airplanes are affected by this AD. We have coordinated 
this change with Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC).

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the change described previously. We determined that this change 
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 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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 41 products of U.S. registry. 
We also estimate that it will take about 20 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Required parts will cost about $9,633 per 
product. Where the service information lists required parts costs that 
are covered under warranty, we have assumed that there will be no 
charge for these parts. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of this AD to the 
U.S. operators to be $460,553, or $11,233 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 this AD:
    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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.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 adding the following new AD:

2007-17-10 Empresa Brasileira de Aeronautica S.A. (EMBRAER):

[[Page 49175]]

Amendment 39-15168. Docket No. FAA-2007-28158; Directorate 
Identifier 2007-NM-018-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
2, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ airplanes, as 
identified in EMBRAER Service Bulletin 145LEG-38-0013, dated March 
24, 2006, certificated in any category; except those that have 
previously accomplished EMBRAER Service Bulletin 145LEG-38-0015 or 
145LEG-38-0020.

Subject

    (d) Air Transport Association (ATA) of America Code 38: Water/
Waste.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    It has been found cases in which the drain mast of the water and 
waste system does not meet the SFAR-88 (Special Federal Aviation 
Regulation No. 88) requirements. In case of fuel leakage or fuel 
vapor release, the proximity of this mast with the fuel tank may 
cause fuel ignition, leading to a possible tank explosion.

The MCAI requires replacement of the water and waste system drain 
masts by new ones bearing a new part number (P/N).

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 5,000 flight hours or 4 years after the effective 
date of this AD, whichever occurs first, replace the water and waste 
system drain masts with P/N 9402.369.00674 by new ones bearing a P/N 
9402.369.00675, according to the detailed instructions and 
procedures described in EMBRAER Service Bulletin 145LEG-38-0013, 
dated March 24, 2006.
    (2) The accomplishment of the detailed instructions and 
procedures described in EMBRAER Service Bulletin 145LEG-38-0015, 
dated November 25, 2005; or 145LEG-38-0020, dated February 3, 2006; 
are acceptable for compliance with the requirements of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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 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

    (h) Refer to MCAI Brazilian Airworthiness Directive 2007-01-04, 
effective January 29, 2007, and the service bulletins listed in 
Table 1 of this AD, for related information.

                Table 1.--Sources of Related Information
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                                  Revision
  EMBRAER Service Bulletin--      level--               Dated--
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145LEG-38-0005...............  02...........  November 20, 2003.
145LEG-38-0013...............  Original.....  March 24, 2006.
145LEG-38-0015...............  Original.....  November 25, 2005.
145LEG-38-0020...............  Original.....  February 3, 2006.
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Material Incorporated by Reference

    (i) You must use EMBRAER Service Bulletin 145LEG-38-0013, dated 
March 24, 2006; and EMBRAER Service Bulletin 145LEG-38-0005, 
Revision 02, dated November 20, 2003; as applicable; to do the 
actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) 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.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 14, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-16427 Filed 8-27-07; 8:45 am]
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