47184 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2010–15–06 GROB–WERKE GMBH & CO 

KG: Amendment 39–16372; Docket No. 

FAA–2010–0458; Directorate Identifier 

2010–CE–023–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective September 9, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to GROB–WERKE 

GMBH & CO KG Models G102 ASTIR CS and 

G102 STANDARD ASTIR III gliders, all serial 

numbers, that are: 

(1) certificated in any category; and 

(2) have water ballast equipment installed 

(the water ballast equipment could have been 

included as part of an option). 

Subject 

(d) Air Transport Association of America 

(ATA) Code 41: Water Ballast. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During an annual inspection, a water 

ballast hose connector was found 

disconnected from the fuselage wall of an 

Astir CS. 

The investigation has shown that the hosefuselage connection bonding has been 

degraded over years of service. 

This condition, if not corrected, could lead 

to the following consequences: 

—The water contained in the wing tanks 

could run down into the fuselage and 

fuselage tail which could cause a 

displacement of the sailplane centre of 

gravity and consequently may lead to the 

loss of the sailplane controllability, or/and 

—The loosened hose may jam the flight 

controls (push rods) and consequently may 

lead to the loss of the sailplane 

controllability. 

For the reason stated above, the original 

issue of this AD required the inspection of 

the waterballast system hose-fuselage 

connections and the accomplishment of the 

relevant corrective actions (repair) as 

necessary. 

This AD is revised to clarify the purpose 

of the insertion of the repetitive inspection in 

the Aircraft Maintenance Programme and to 

refer to a more appropriate scheduled 

maintenance review for the insertion of the 

repetitive inspection in the Aircraft 

Maintenance Programme. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within 30 days after September 9, 2010 

(the effective date of this AD) and repetitively 

thereafter at intervals not to exceed 12 

months, inspect the bonding between the 

water ballast system hose connectors and the 

fuselage wall connectors for correct and tight 

connection following paragraph 1.8 of Grob 

Aircraft Service Bulletin No. MSB–GROB– 

003, dated October 21, 2009. 

(2) If, during any inspection required by 

paragraph (f)(1) of this AD, any weak bonding 

is found, before further flight, repair the 

connection between the water ballast system 

hose connectors and the fuselage wall 

connectors following the instructions of 

paragraph 1.8 of Grob Aircraft Service 

Bulletin No. MSB–GROB–003, dated October 

21, 2009. 

(3) After September 9, 2010 (the effective 

date of this AD), when installing a water 

ballast system on any affected sailplane, 

ensure that the water ballast system hose 

connectors and the fuselage wall connector 

are properly and tightly bonded. 

(4) Within 30 days after September 9, 2010 

(the effective date of this AD), insert the 

following scheduled maintenance task into 

the FAA-approved aircraft maintenance 

program: ‘‘During each annual inspection and 

without exceeding a 12-month interval, 

inspect the bonding between the water 

ballast system hose connectors and the 

fuselage wall connectors for correct and tight 

connection. Repair any incorrect or loose 

connection.’’ 

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, Standards Office, 

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: Greg Davison, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; fax: (816) 329– 

4090. 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 

(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 

(h) Refer to MCAI European Aviation 

Safety Agency AD No.: 2010–0053R1, dated 

April 14, 2010; and Grob Aircraft Service 

Bulletin No. MSB–GROB–003, dated October 

21, 2009, for related information. 

Material Incorporated by Reference 

(i) You must use Grob Aircraft Service 

Bulletin No. MSB–GROB–003, dated October 

21, 2009, 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 Grob Aircraft, Head of 

Customer Service & Support, Lettenbachstr. 

9, Tussenhausen-Mattsies, Germany; 

telephone: +49 (0) 8268 998 139; fax: +49 (0) 

8268 998 200; E-mail: productsupport@grobaircraft.com; Internet: www.grob-aircraft.com 

and/or http://www.firecmm.com. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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 Kansas City, Missouri, on July 15, 

2010. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2010–18289 Filed 8–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

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. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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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 Nu ́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 Nu ́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 


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47186 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations 

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 workhour. 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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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 Nu ́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 


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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

Reference No. Description 

Compliance time 

(whichever occurs later) 

Threshold Grace period 

28–11–00–720– 

001–A00.

Functionally Check critical bonding integrity of selected conduits inside 

the wing tank, Fuel Pump and FQIS 

connectors at tank wall by conductivity measurements.

Before the accumulation of 30,000 

total flight hours.

Within 90 days after December 16, 

2008. 

28–17–01–720– 

001–A00.

Functionally Check critical bonding integrity of Fuel Pump, VFQIS and 

Low Level SW connectors at tank 

wall by conductivity measurements.

Before the accumulation of 30,000 

total flight hours.

Within 90 days after December 16, 

2008. 

28–21–01–220– 

001–A00.

Inspect Electric Fuel Pump Connector Before the accumulation of 10,000 

total flight hours.

Within 90 days after December 16, 

2008. 

28–23–03–220– 

001–A00.

Inspect Pilot Valve harness inside the 

conduit.

Before the accumulation of 20,000 

total flight hours.

Within 90 days after December 16, 

2008. 

28–23–04–220– 

001–A00.

Inspect Vent Valve harness inside the 

conduit.

Before the accumulation of 20,000 

total flight hours.

Within 90 days after December 16, 

2008. 

28–27–01–220– 

001–A00.

Inspect Electric Fuel Transfer Pump 

Connector.

Before the accumulation of 10,000 

total flight hours.

Within 90 days after December 16, 

2008. 

28–41–03–220– 

001–A00.

Inspect FQIS harness for clamp and 

wire jacket integrity.

Before the accumulation of 20,000 

total flight hours.

Within 90 days after December 16, 

2008. 

28–41–07–220– 

001–A00.

Inspect VFQIS and Low Level SW 

Harness for clamp and wire jacket 

integrity.

Before the accumulation of 20,000 

total flight hours.

Within 90 days after December 16, 

2008. 

(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. 


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TABLE 2—INSPECTIONS

Task No. Description Part No. 

Compliance time 

(whichever occurs later) Repetitive interval 

(not to exceed) 

Threshold Grace period 

28–41–01–720–001–A01 .... Perform an initial functional check as shown in Testing and Fault Isolation sections 1, 2, and 3; an external visual inspection as 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.

367–934–001 Before the accumulation of 

10,000 total flight hours on the FCU.

Within 90 days after the 

effective date of this AD.

10,000 flight hours on the 

FCU since the most recent functional check. 

28–41–01–720–001–A01 .... Perform an initial functional check as shown in Testing and Fault Isolation sections 1, 2, and 3; an external visual inspection as 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.

367–934–002 Before the accumulation of 

10,000 total flight hours on the FCU.

Within 90 days after the 

effective date of this AD.

10,000 flight hours on the 

FCU since the most recent functional check. 

28–41–04–720–001–A01 .... Perform an initial functional check as shown in Testing and Fault Isolation sections 1, 2, and 3; an external visual inspection as 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.

367–934–005 Before the accumulation of 

10,000 total flight hours on the VFCU.

Within 90 days after the 

effective date of this AD.

10,000 flight hours on the 

VFCU since the most recent functional check. 


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Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations 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 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.

11 ........................................... September 19, 

2007. 

Parker Component Maintenance Manual 28–41–36 ............................................................... 4 ............................................. March 13, 2009. 

Parker Component Maintenance Manual 28–41–69 ............................................................... 2 ............................................. March 13, 2009. 

Parker Component Maintenance Manual 28–41–80 ............................................................... Original ................................... April 3, 2009. 

(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 Manual 28–41–36 .............................................. 4 ............................................................. March 13, 2009. 

Parker Component Maintenance Manual 28–41–69 .............................................. 2 ............................................................. March 13, 2009. 

Parker Component Maintenance Manual 28–41–80 .............................................. Original ................................................... April 3, 2009. 

(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 Sa ̃o Jose dos Campos-SP-BRASIL; 

telephone +55 12 3927–5852 or +55 12 3309– 

0732; fax +55 12 3927–7546; e-mail 

distrib@embraer.com.br; 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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
47190 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations 

11787; telephone 631–231–3737; e-mail 

csoengineering@parker.com; 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0716; Directorate 

Identifier 2008–NM–212–AD; Amendment 

39–16378; AD 2010–16–02] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 

Airplanes; and Empresa Brasileira de 

Aeronautica S.A. (EMBRAER) Model 

EMB–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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 the occurrence of 

corrosion on the Auxiliary Power Unit (APU) 

mounting rods that could cause the APU rod 

to break, affecting the APU support structure 

integrity. 

APU support structure failure could 

result in loss of power of the APU and 

possible loss of control 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. 

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 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 August 19, 2009 (74 FR 

41807). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

It has been found the occurrence of 

corrosion on the Auxiliary Power Unit (APU) 

mounting rods that could cause the APU rod 

to break, affecting the APU support structure 

integrity. 

APU support structure failure could 

result in loss of power of the APU and 

possible loss of control of the airplane. 

The required action is doing an external 

detailed inspection for corrosion of the 

APU auxiliary and center mounting rods 

and rod ends, and corrective actions if 

necessary. Corrective actions include 

removing corrosion, applying 

anticorrosive treatment, and replacing 

mounting rods. 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 for Bridging Requirements for 

Previously Accomplished Actions 

American Eagle Airlines (AEA) 

requests that we revise the NPRM to 

include ‘‘bridging requirements.’’ AEA 

states that it agrees with the repetitive 

inspections in the NPRM; however, 

AEA asserts that there are no bridging 

requirements to reach the repetitive 

inspections for airplanes that have 

already accomplished EMBRAER 

Service Bulletin 145–49–0034, Revision 

01, dated September 8, 2008. AEA states 

that bridging requirements are necessary 

for initializing a repetitive inspection 

with the initial compliance time of 500 

flight hours or 2 months after the 

effective date of this AD. 

We agree with AEA that bridging 

requirements would be necessary given 

the proposed compliance times. 

However, since the NPRM was issued, 

we have received sufficient technical 

information to support an extension of 

the proposed compliance time. We have 

determined that changing the initial 

compliance time from 500 flight hours 

or 2 months after the effective date of 

this AD to 1,500 flight hours or 180 days 

after the effective date of this AD, will 

provide an acceptable level of safety. 

The new compliance time correlates 

with Brazilian Airworthiness Directive 

2008–10–02, effective October 21, 2008. 

With the extended compliance times, 

there should not be a need for bridging 

requirements. If however, AEA believes 

that such requirements are still 

necessary, it may apply for an 

alternative method of compliance 

(AMOC) in accordance with the 

provisions specified in paragraph (g)(1) 

of this AD. 

Request To Revise the Unsafe Condition 

Specified in Paragraph (e) of the NPRM 

EMBRAER states that the 

undetectable fire condition described in 

the NPRM is not verifiable since two 

events must happen for APU rod 

breakage to occur. 

EMBRAER states that the first event is 

a fire, because the rod breakage by itself 

is not enough to promote sparks or 

overheating of any kind. EMBRAER also 

states that the rod breakage has not been 

shown to cause leakage of APU oil in 

the gearbox, or leakage of the fuel lines 

in the compartment. EMBRAER states 

both ignition sources and flammable 

fluids would be required to ignite a fire. 

EMBRAER states that for the second 

event to occur, a fire must start due to 

the unforeseeable scenario described 

previously, at which time damage to the 

fire detector, located in the vicinity of 

the combustion chamber and accessory 

gearbox, could occur. EMBRAER states 

that in-service experience demonstrates 

that the fire detector must be punctured 

or extensively crushed for it to lose its 

capability to detect a fire. Even if that 

happens, EMBRAER states that the 

integrity monitoring circuitry of the fire 

detector is capable of warning the 

flightcrew if the detector becomes 

inoperative. EMBRAER also states that 

in the event of fire detection failure, 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1