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TABLE 2—INSPECTIONS—Continued 

Task No. Description Part No. 

Compliance time 

(whichever occurs later) Repetitive 

Interval 

(not to exceed) Threshold Grace period 

28–46–05–720–001– 

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 AFCU, in accordance with Parker CMM 

28-41-90, dated April 3, 2009.

367–934–006 Before the accumulation of 

10,000 total 

flight hours 

on the AFCU.

Within 90 days 

after the effective date 

of this AD.

10,000 flight 

hours on the 

AFCU since 

the most recent functional check. 

(2) After accomplishing the actions 

specified in paragraphs (g)(1) of this AD, no 

alternative inspections or inspection 

intervals may be used unless the inspections 

or intervals are approved as an AMOC in 

accordance with the procedures specified in 

paragraph (h) 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) Brazilian Airworthiness Directive 2009– 

08–03, effective August 20, 2009, specifies 

that actions accomplished before the effective 

date of that AD, in accordance with Parker 

Service Bulletin 367–934–28–110, Revision 

A, dated December 19, 2006, are considered 

acceptable for compliance with the 

corresponding actions specified in the AD. 

This AD specifies that actions accomplished 

in accordance with applicable Parker CMM 

listed in Table 2 of this AD are considered 

acceptable for compliance. 

(2) The applicability of Brazilian 

Airworthiness Directive 2009–08–03, 

effective August 20, 2009, includes models 

other than Model EMB–135BJ airplanes. 

However, this AD does not include those 

other models. Those models are included in 

the applicability of FAA AD 2008–13–14, 

Amendment 39–15577. We are considering 

further rulemaking to revise AD 2008–13–14. 

(3) 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 2007–08–01, 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 Legacy BJ— 

Maintenance Planning Guide MPG–1483, 

Revision 5, dated March 22, 2007; and the 

Parker CMMs listed in Table 2 of this AD; for 

related information. 

Issued in Renton, Washington, on March 

16, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–6308 Filed 3–22–10; 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] 

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), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

NPRM for the products listed above that 

would supersede an existing AD. This 

action revises the earlier NPRM by 

expanding the scope. This proposed AD 

results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The 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 


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(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 proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by April 19, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed 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; email: distrib@embraer.com.br; Internet: 

http://www.flyembraer.com. You may 

review copies of the referenced 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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

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: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2008–1079; Directorate Identifier 

2008–NM–116–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

We proposed to amend 14 CFR part 

39 with an earlier NPRM for the 

specified products, which was 

published in the Federal Register on 

October 16, 2008 (73 FR 61372). That 

earlier NPRM proposed to supersede AD 

2008–13–14, Amendment 39–15577 (73 

FR 35904, June 25, 2008), to require 

actions intended to address the unsafe 

condition for the products listed above. 

Since that NPRM was issued, the 

Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC), which is the aviation authority 

for Brazil, has issued Airworthiness 

Directive 2009–08–03, effective August 

20, 2009 (referred to after this as ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

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. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Additional Actions Since NPRM Was 

Issued 

Since we issued the earlier NPRM, 

which included a proposal to require 

incorporation of critical design 

configuration control limitations 

(CDCCLs), we have determined that it is 

necessary to clarify the proposed AD’s 

intended effect on spare and on-airplane 

fuel tank system components, regarding 

the use of maintenance manuals and 

instructions for continued 

airworthiness. 

Section 91.403(c) of the Federal 

Aviation Regulations (14 CFR 91.403(c)) 

specifies the following: 

No person may operate an aircraft for 

which a manufacturer’s maintenance manual 

or instructions for continued airworthiness 

has been issued that contains an 

airworthiness limitation section unless the 

mandatory procedures have been complied 

with. 

Some operators have questioned 

whether existing components affected 

by the new CDCCLs must be reworked. 

We did not intend for the AD to 

retroactively require rework of 

components that had been maintained 

using acceptable methods before the 

effective date of the AD. Owners and 

operators of the affected airplanes 

therefore are not required to rework 

affected components identified as 

airworthy or installed on the affected 

airplanes before the required revisions 

of the ALS of the ICA. But once the 

CDCCLs are incorporated into the ALS 

of the ICA, future maintenance actions 

on components must be done in 

accordance with those CDCCLs. 

Comments 

We have considered the following 

comments received on the earlier 

NPRM. 

Request To Revise Actions Specified in 

Table 2 of the NPRM 

Embraer requests that we revise the 

actions specified in Table 2 of the 

NPRM (functional checks of the fuel 

conditioning unit (FCU) and the ventral 

FCU). Embraer states that a functional 

check of the FCU would not entirely 

address the unsafe condition and that a 

functional check of the safe-life features 

is necessary. Embraer notes that Parker 

revised Component Maintenance 

Manual (CMM) 28–41–36 on March 5, 

2007, to include a functional check of 


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the safe-life features for FCU part 

number (P/N) 367–934–001. Embraer 

recommends that a functional check of 

the safe-life features and inspections to 

ensure the safe-life features be included 

in Table 2 of the NPRM. Embraer also 

suggests that Parker Service Bulletin 

367–934–28–110, Revision A, dated 

December 19, 2006, be included as an 

optional method of compliance for 

doing the safe-life check. 

We agree to revise Table 2 of the 

supplemental NPRM to include new 

actions to check and inspect safe-life 

features in order to adequately address 

the identified unsafe condition. We 

have revised Table 2 of this AD to 

include FCU P/Ns 367–934–001, 367– 

934–002, and 367–934–005. However, 

we have not included Parker Service 

Bulletin 367–934–28–110, Revision A, 

dated December 19, 2006, as an optional 

method of compliance because that 

service bulletin does not refer to a 

specific component maintenance 

manual. Instead, we have included the 

Parker CMMs for these part numbers in 

Table 2 of this AD, as specified in the 

following table. We have coordinated 

this action with ANAC. 

PARKER SERVICE INFORMATION

Document Revision Date 

Parker Component Maintenance Manual 28-41–36 with Illustrated Parts List for Fuel Conditioning Unit Part Number 367–934–001.4 March 13, 2009. 

Parker Component Maintenance Manual 28–41–69 with Illustrated Parts List for Fuel Conditioning Unit Part Number 367–934–002.2 March 13, 2009. 

Parker Component Maintenance Manual 28-41–80 with Illustrated Parts List for Fuel Conditioning Unit Part Number 367–934–005.Original April 3, 2009. 

Request To Extend Compliance Time 

Two commenters request that we 

revise the ‘‘grace period’’ specified in 

Table 2 of the NPRM. ExpressJet 

Airlines states that the availability of 

parts is a concern because many parts 

will be affected by the end of the grace 

period (i.e., ‘‘90 days after December 16, 

2008’’) specified in the NPRM. 

ExpressJet Airlines suggests that for 

operators that did a functional check on 

the part, the grace period should be 

revised to allow an additional 180 days 

for those parts. Chautauqua Airlines 

also states that the grace period should 

be extended due to lack of availability 

of parts. 

We partially agree with the request to 

revise the compliance time. Although 

we have not revised the compliance 

time as requested by the commenter, we 

have revised the ‘‘Grace Period’’ 

specified in Table 2 of the supplemental 

NPRM from ‘‘Within 90 days after 

December 16, 2008’’ to ‘‘Within 90 days 

after the effective date of this AD.’’ In 

addition, under the provisions of 

paragraph (h)(1) of the supplemental 

NPRM, we will consider requests for 

approval of an extension of the 

compliance time if sufficient data are 

submitted to substantiate that the new 

compliance time would provide an 

acceptable level of safety. 

Request To Clarify Actions 

Parker Hannifin states that the FCU is 

subject to fuel system limitations (FSL) 

as defined in FAA Advisory Circular 

25.981–1B. The commenter states that 

there is an equivalent level of safety 

(ELS) for continued airworthiness of the 

FCUs and that ESL specifies a 10,000- 

flight-hour interval for a safe-life test, 

which includes a physical inspection of 

FCU components and additional testing. 

The commenter notes that returned 

units are subject to normal functional 

checks only. The commenter concludes 

that the only way to be sure that all 

inspections and tests of the safe-life test 

are done is if there is an explicit request 

to do all actions or if the part is returned 

under a previous agreement to perform 

the safe-life test; then the FCU may be 

marked in accordance with the service 

bulletins. 

We acknowledge Parker Hannifin’s 

comments and infer the commenter is 

requesting clarification of the actions. 

As stated previously, we have revised 

Table 2 of the NPRM to clarify the 

actions; this supplemental NPRM would 

require the actions for the safe-life test 

specified in Table 2 of the supplemental 

NPRM. 

We have also revised paragraph (g)(1) 

of this supplemental NPRM to clarify 

that the new tasks are part of the ALS 

of the ICA and added a 30-day 

compliance time to revise the ALS of 

the ICA to incorporate the new tasks. 

Clarification of Service Information 

The purpose of paragraph (f)(1) of the 

NPRM was to define the term ‘‘MRBR’’ 

as EMBRAER EMB135/ERJ140/EMB145 

Maintenance Review Board Report 

(MRBR) MRB–145/1150, Revision 11, 

dated September 19, 2007. However, 

instead of using the term ‘‘MRBR’’ in this 

supplemental NPRM, we have used the 

full document citation throughout, as 

appropriate. Therefore, we have 

removed paragraph (f)(1) of the NPRM 

from this supplemental NPRM and have 

revised the subsequent paragraph 

identifiers accordingly. 

Explanation of Change to Costs of 

Compliance 

Since issuance of the original NPRM, 

we have increased the labor rate used in 

the Costs of Compliance from $80 per 

work-hour to $85 per work-hour. The 

Costs of Compliance information, 

below, reflects this increase in the 

specified hourly labor rate. 

FAA’s Determination and Requirements 

of this Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Certain changes described above 

expand the scope of the earlier NPRM. 

As a result, we have determined that it 

is necessary to reopen the comment 

period to provide additional 

opportunity for the public to comment 

on this proposed 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 


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provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a Note within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 41 products of U.S. registry. 

The actions that are required by AD 

2008–13–14 and retained in this 

proposed 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 would take about 

1 work-hour per product to comply with 

the new basic requirements of this 

proposed AD. The average labor rate is 

$85 per work-hour. Based on these 

figures, we estimate the cost of the 

proposed 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 proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 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: 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2008– 

1079; Directorate Identifier 2008–NM– 

116–AD. 

Comments Due Date 

(a) We must receive comments by April 19, 

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 

Directives 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 

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. 


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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. 

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; 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 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. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
13694 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 

TABLE 2—INSPECTIONS—Continued 

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 

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 fuel 

conditioning unit (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. 

(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) Brazilian Airworthiness Directive 2009– 

08–03, effective August 20, 2009, specifies 

that actions accomplished before the effective 

date of that AD, in accordance with Parker 

Service Bulletin 367–934–28–110, Revision 

A, dated December 19, 2006, are considered 

acceptable for compliance with the 

corresponding actions specified in the AD. 

This AD specifies that actions accomplished 

in accordance with the applicable Parker 

CMM listed in Table 2 of this AD are 

considered acceptable for compliance. 

(2) The applicability of ANAC AD 2009– 

08–03 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. 

(3) 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 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13695 

MRB–145/1150, Revision 11, dated 

September 19, 2007; and the Parker CMMs 

listed in Table 2 of this AD; for related 

information. 

Issued in Renton, Washington on March 

16, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–6309 Filed 3–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0233; Directorate 

Identifier 2009–NM–014–AD] 

RIN 2120–AA64 

Airworthiness Directives; Lockheed 

Martin Corporation/Lockheed Martin 

Aeronautics Company Model 382, 

382B, 382E, 382F, and 382G Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Model 382, 382B, 382E, 382F, and 382G 

airplanes. This proposed AD would 

require repetitive eddy current 

inspections to detect cracks in the 

center wing upper and lower rainbow 

fittings, and corrective actions if 

necessary; and repetitive replacements 

of rainbow fittings, which would extend 

the repetitive interval for the next 

inspection. This proposed AD results 

from a report of fatigue cracking of the 

wing upper and lower rainbow fittings 

during durability testing and on inservice airplanes. Analysis of in-service 

cracking has shown that these rainbow 

fittings are susceptible to multiple site 

fatigue damage. We are proposing this 

AD to detect and correct such fatigue 

cracks, which could grow large and lead 

to the failure of the fitting and a 

catastrophic failure of the center wing. 

DATES: We must receive comments on 

this proposed AD by May 7, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact Lockheed 

Martin Corporation/Lockheed Martin 

Aeronautics Company, Airworthiness 

Office, Dept. 6A0M, Zone 0252, Column 

P–58, 86 S. Cobb Drive, Marietta, 

Georgia 30063; telephone 770–494– 

5444; fax 770–494–5445; e-mail 

ams.portal@lmco.com; Internet http://

www.lockheedmartin.com/ams/tools/

TechPubs.htmlx. You may review 

copies of the referenced 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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: Carl 

Gray, Aerospace Engineer, Airframe 

Branch, ACE–117A, FAA, Atlanta 

Aircraft Certification Office (ACO), 1701 

Columbia Avenue, College Park, Georgia 

30337; telephone (404) 474–5554; fax 

(404) 474–5606. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2010–0233; Directorate Identifier 

2009–NM–014–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

Fatigue cracking of the wing upper 

and lower rainbow fittings during the 

durability test and on in-service 

airplanes indicates a requirement to 

perform inspections prior to the current 

published Hercules Airfreighter Series 

Progressive Inspection Procedures and 

Hercules Airfreighter Progressive 

Inspection Procedures intervals. 

Analysis of in-service cracking has 

shown that these rainbow fittings are 

susceptible to multiple site fatigue 

damage. This condition, if not corrected, 

could lead to the failure of the rainbow 

fittings and a catastrophic failure of the 

center wing. 

Relevant Service Information 

We have reviewed Lockheed Service 

Bulletin 382–57–82, Revision 3, 

including Appendixes A, B, and C, 

dated April 25, 2008. The service 

bulletin describes procedures for 

repetitive eddy current inspections to 

detect cracks in the center wing upper 

and lower rainbow fittings. The service 

bulletin specifies marking and reporting 

suspected cracks but does not provide 

corrective actions. 

The service bulletin also describes 

procedures for repetitively replacing the 

upper and lower rainbow fittings, which 

would extend the interval for the next 

eddy current inspection. The 

replacement includes related 

investigative and corrective actions. The 

related investigative actions consist of 

two types of inspections: (1) A general 

visual inspection for damage and 

defects (including corrosion and 

cracking) of the wing faying structure; 

and (2) a primary automated bolt hole 

eddy current (ABHEC) inspection to 

detect cracks of all opened fitting 

attachment fastener holes in the upper 

and lower surface skin panel, stringers, 

splice straps, and splice angles that are 

common to the rainbow fittings prior to 

installing the new rainbow fitting. The 

service bulletin describes procedures for 

a ‘‘redundant’’ (backup) ABHEC 

inspection of any suspected damage. 

The corrective actions consist of 

repairing confirmed damage within 

certain limits, and contacting the 

manufacturer for damage that exceeds 

those limits. The service bulletin 

provides no corrective actions for 

damage or defects found during the 

visual inspection. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1