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[Federal Register: March 23, 2010 (Volume 75, Number 55)]
[Proposed Rules]               
[Page 13689-13695]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr10-23]                         

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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

[[Page 13690]]

(Regulamento Brasileiro de Homologacao Aeronautica 88/Special 
Federal Aviation Regulation No. 88), requires the inclusion of new 
maintenance tasks in the Critical Design Configuration Control 
Limitations (CDCCL) and in the Fuel System Limitations (FSL), 
necessary to preclude ignition sources in the fuel system. * * *

    The new MCAI, Brazilian Airworthiness Directive 2009-08-03, 
effective August 20, 2009, describes the unsafe condition as:

    An airplane fuel tank systems review required by Special Federal 
Aviation Regulation Number 88 (SFAR 88) and ``RBHA Especial 
N[uacute]mero 88'' (RBHA E 88) has shown that additional maintenance 
and inspection instructions are necessary to maintain the design 
features required to preclude the existence or development of an 
ignition source within the fuel tanks of the airplane.

    The 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 S[atilde]o Jose dos Campos--SP--BRASIL; telephone: +55 12 
3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail: 
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 Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]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 
N[uacute]mero 88'' (RBHA E 88) has shown that additional maintenance 
and inspection instructions are necessary to maintain the design 
features required to preclude the existence or development of an 
ignition source within the fuel tanks of the airplane.

    The corrective action is revising the Airworthiness Limitations 
Section (ALS) of the Instructions for Continued Airworthiness (ICA) to 
incorporate new limitations for fuel tank systems. You may obtain 
further information by examining the MCAI in the AD docket.

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

[[Page 13691]]

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[dash]41-36 with                4  March 13, 2009.
 Illustrated Parts List for Fuel Conditioning Unit Part
 Number 367-934-001.
Parker Component Maintenance Manual 28-41-69 with                     2  March 13, 2009.
 Illustrated Parts List for Fuel Conditioning Unit Part
 Number 367-934-002.
Parker Component Maintenance Manual 28[dash]41-80 with         Original  April 3, 2009.
 Illustrated Parts List for Fuel Conditioning Unit Part
 Number 367-934-005.
----------------------------------------------------------------------------------------------------------------

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

[[Page 13692]]

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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  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 
N[uacute]mero 88'' (RBHA E 88) has shown that additional maintenance 
and inspection instructions are necessary to maintain the design 
features required to preclude the existence or development of an 
ignition source within the fuel tanks of the airplane.
    The corrective action is revising the Airworthiness Limitations 
Section (ALS) of the Instructions for Continued Airworthiness (ICA) 
to incorporate new limitations for fuel tank systems.

Restatement of Requirements of AD 2008-13-14

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Before December 16, 2008, revise the ALS of the ICA to 
incorporate Section A2.5.2, Fuel System Limitation Items, of 
Appendix 2 of EMBRAER EMB135/ERJ140/EMB145 Maintenance Review Board 
Report MRB-145/1150, Revision 11, dated September 19, 2007, except 
as provided by paragraph (g) of this AD. Except as required by 
paragraph (g) of this AD, for all tasks identified in Section A2.5.2 
of Appendix 2 of EMBRAER EMB135/ERJ140/EMB145 Maintenance Review 
Board 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.

[[Page 13693]]



                                                              Table 1--Initial Inspections
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                 Compliance time (whichever occurs later)
             Reference No.                             Description               -----------------------------------------------------------------------
                                                                                               Threshold                         Grace period
--------------------------------------------------------------------------------------------------------------------------------------------------------
28-11-00-720-001-A00...................  Functionally Check critical bonding      Before the accumulation of 30,000   Within 90 days after December 16,
                                          integrity of selected conduits inside    total flight hours.                 2008.
                                          the wing tank, Fuel Pump and FQIS
                                          connectors at tank wall by
                                          conductivity measurements.
28-17-01-720-001-A00...................  Functionally Check critical bonding      Before the accumulation of 30,000   Within 90 days after December 16,
                                          integrity of Fuel Pump, VFQIS and Low    total flight hours.                 2008.
                                          Level SW connectors at tank wall by
                                          conductivity measurements.
28-21-01-220-001-A00...................  Inspect Electric Fuel Pump Connector...  Before the accumulation of 10,000   Within 90 days after December 16,
                                                                                   total flight hours.                 2008.
28-23-03-220-001-A00...................  Inspect Pilot Valve harness inside the   Before the accumulation of 20,000   Within 90 days after December 16,
                                          conduit.                                 total flight hours.                 2008.
28-23-04-220-001-A00...................  Inspect Vent Valve harness inside the    Before the accumulation of 20,000   Within 90 days after December 16,
                                          conduit.                                 total flight hours.                 2008.
28-27-01-220-001-A00...................  Inspect Electric Fuel Transfer Pump      Before the accumulation of 10,000   Within 90 days after December 16,
                                          Connector.                               total flight hours.                 2008.
28-41-03-220-001-A00...................  Inspect FQIS harness for clamp and wire  Before the accumulation of 20,000   Within 90 days after December 16,
                                          jacket integrity.                        total flight hours.                 2008.
28-41-07-220-001-A00...................  Inspect VFQIS and Low Level SW Harness   Before the accumulation of 20,000   Within 90 days after December 16,
                                          for clamp and wire jacket integrity.     total flight hours.                 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Compliance time (whichever occurs later)
              Task No.                         Description            Part No.   ------------------------------------------------   Repetitive interval
                                                                                         Threshold             Grace period           (not to exceed)
--------------------------------------------------------------------------------------------------------------------------------------------------------
28-41-01-720-001-A01................  Perform an initial             367-934-001  Before the              Within 90 days after    10,000 flight hours on
                                       functional check as shown                   accumulation of         the effective date of   the FCU since the
                                       in Testing and Fault                        10,000 total flight     this AD.                most recent
                                       Isolation sections 1, 2,                    hours on the FCU.                               functional check.
                                       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.

[[Page 13694]]


28[dash]41[dash]01[dash]720[dash]001  Perform an initial             367-934-002  Before the              Within 90 days after    10,000 flight hours on
 [dash]A01.                            functional check as shown                   accumulation of         the effective date of   the FCU since the
                                       in Testing and Fault                        10,000 total flight     this AD.                most recent
                                       Isolation sections 1, 2,                    hours on the FCU.                               functional check.
                                       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.
28[dash]41[dash]04[dash]720[dash]001  Perform an initial             367-934-005  Before the              Within 90 days after    10,000 flight hours on
 [dash]A01.                            functional check as shown                   accumulation of         the effective date of   the VFCU since the
                                       in Testing and Fault                        10,000 total flight     this AD.                most recent
                                       Isolation sections 1, 2,                    hours on the VFCU.                              functional check.
                                       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[dash]41[dash]80, dated
                                       April 3, 2009.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (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

[[Page 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
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