48294 Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Rules and Regulations 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective September 23, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to DG–500MB powered 

sailplanes, all serial numbers, certificated in 

any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 71: Power Plant. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

A DG–500MB experienced, after the engine 

shutdown, an uncommanded retraction of its 

powerplant. 

Investigations revealed that some bolts of 

the extension retraction mechanism had 

fractured because of fatigue stress due to 

increasing push-pull loads acting on 

incorrectly tightened screws. 

This condition, if not corrected, could lead 

to damage of the propeller and the fuselage, 

thereby reducing the structural integrity of 

the sailplane. 

To address this unsafe condition, this 

Airworthiness Directive mandates the 

replacement of eight bolts, the four 

connecting the fork 5M203 to the 5M204 

adapter and those connecting the adapter 

5M204 to the spindle drive, by new ones of 

higher strength and, a rework of the coupling 

of the 5M203 fork to the 5M204 adapter as 

well as the coupling of the 5M204 adapter to 

the spindle drive, by glueing the parts 

together, in addition to the pre-existing bolts. 

Actions and Compliance 

(f) Unless already done, within the next 30 

days after September 23, 2008 (the effective 

date of this AD), modify the spindle drive 

assembly in accordance with DG 

Flugzeugbau GmbH Technical Note No. 843/ 

27, dated April 14, 2008, and DG 

Flugzeugbau GmbH Drawing 5M210, dated 

April 14, 2008. 

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 powered sailplane 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 (EASA) AD No. 2008–0095, 

dated May 16, 2008; and DG Flugzeugbau 

GmbH Technical Note No. 843/27, dated 

April 14, 2008, for related information. 

Material Incorporated by Reference 

(i) You must use DG Flugzeugbau GmbH 

Technical Note No. 843/27, dated April 14, 

2008, and DG Flugzeugbau GmbH Drawing 

5M210, dated April 14, 2008, 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 DG Flugzeugbau GmbH, Im 

Schollengarten 20, D–76646 Bruchsal 4, 

Federal Republic of Germany. 

(3) You may review copies at the FAA, 

Central Region, Office of the Regional 

Counsel, 901 Locust, Room 506, Kansas City, 

Missouri 64106; or at the National Archives 

and Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal-register/ 

cfr/ibr-locations.html. 

Issued in Kansas City, Missouri, on August 

8, 2008. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E8–18809 Filed 8–18–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0642; Directorate 

Identifier 2008–NM–039–AD; Amendment 

39–15643; AD 2008–17–05] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 

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. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD), 

which applies to certain EMBRAER 

Model EMB–135 airplanes and Model 

EMB–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP 

airplanes. That AD currently requires 

replacing the metallic tubes enclosing 

the vent and pilot valve wires in the 

left- and right-hand wing fuel tanks with 

non-conductive hoses. This new AD 

adds airplanes to the applicability of the 

existing AD. This AD results from fuel 

system reviews conducted by the 

manufacturer. We are issuing this AD to 

prevent an ignition source inside the 

fuel tank that could ignite fuel vapor 

and cause a fuel tank explosion and loss 

of the airplane. 

DATES: This AD becomes effective 

September 23, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of September 23, 2008. 

On July 19, 2007 (72 FR 32780, June 

14, 2007), the Director of the Federal 

Register approved the incorporation by 

reference of certain other documents. 

ADDRESSES: For service information 

identified in this AD, contact Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER), P.O. Box 343—CEP 12.225, 

Sao Jose dos Campos—SP, Brazil. 

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 AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (telephone 800–647–5527) 


ebenthall on PRODPC60 with RULES
Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Rules and Regulations 48295 

is the Document Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–1175; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that 

supersedes AD 2007–12–17, amendment 

39–15095 (72 FR 32780, June 14, 2007). 

The existing AD applies to certain 

EMBRAER Model EMB–135 airplanes 

and Model EMB–145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP 

airplanes. That NPRM was published in 

the Federal Register on June 20, 2008 

(73 FR 35098). That NPRM proposed to 

continue to require replacing the 

metallic tubes enclosing the vent and 

pilot valve wires in the left- and righthand wing fuel tanks with nonconductive hoses. That NPRM also 

proposed to add airplanes to the 

applicability of the existing AD. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. No comments 

have been received on the NPRM or on 

the determination of the cost to the 

public. 

Conclusion 

We have carefully reviewed the 

available data and determined that air 

safety and the public interest require 

adopting the AD as proposed. 

Costs of Compliance 

The following table provides the 

estimated costs for U.S. operators to 

comply with this AD. The average labor 

rate is $80 per work hour. 

ESTIMATED COSTS

Action Work hours Parts Cost per 

airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Tube replacement (required by AD 

2007–12–17).

1 $1,121 (for Model EMB–135BJ airplanes).$1,201 30 $36,030 

1 $1,788 (for remaining airplanes) ...... 1,868 593 1,107,724 

Tube replacement for additional airplanes.1 $1,121 (for Model EMB–135BJ airplanes).1,201 11 13,211 

1 $1,788 (for remaining additional airplanes).1,868 75 140,100 

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 have 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. 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 

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 Federal Aviation 

Administration (FAA) amends § 39.13 

by removing amendment 39–15095 (72 

FR 32780, June 14, 2007) and by adding 

the following new airworthiness 

directive (AD): 

2008–17–05 Empresa Brasileira De 

Aeronautica S.A. (EMBRAER: 

Amendment 39–15643. Docket No. 

FAA–2008–0642; Directorate Identifier 

2008–NM–039–AD. 

Effective Date 

(a) This AD becomes effective September 

23, 2008. 

Affected ADs 

(b) This AD supersedes AD 2007–12–17. 

Applicability 

(c) This AD applies to all EMBRAER Model 

EMB–135ER, –135KE, –135KL, –135LR, and 

–135BJ airplanes; and all Model EMB–145, 

–145ER, –145MR, –145LR, –145XR, –145MP, 

and –145EP airplanes; certificated in any 

category. 


ebenthall on PRODPC60 with RULES
48296 Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Rules and Regulations 

Unsafe Condition 

(d) This AD results from fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent an ignition 

source inside the fuel tank that could ignite 

fuel vapor and cause a fuel tank explosion 

and loss of the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Requirements of AD 2007–12–17 Including 

Additional Airplanes: 

Tube Replacement 

(f) For airplanes identified in the 

applicable service bulletins specified in 

paragraphs (f)(1) and (f)(2) of this AD: Within 

5,000 flight hours or 48 months after July 19, 

2007 (the effective date of AD 2007–12–17), 

whichever occurs first, replace the metallic 

tubes enclosing the vent and pilot valve 

wires in the left- and right-hand wing fuel 

tanks with new, improved, non-conductive 

hoses, in accordance with the 

Accomplishment Instructions of the service 

bulletins specified in paragraph (f)(1) or (f)(2) 

of this AD, as applicable. 

(1) For Model EMB–135ER, –135KE, 

–135KL, –135LR, –145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP 

airplanes: EMBRAER Service Bulletin 145–

28–0023, Revision 07, dated February 7, 

2007. 

(2) For Model EMB–135BJ airplanes: 

EMBRAER Service Bulletin 145LEG–28–

0018, Revision 01, dated April 20, 2005. 

(g) For Model EMB–135ER, –135KE, 

–135KL, –135LR, –145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP 

airplanes that are not identified in paragraph 

(f)(1) of this AD: Within 5,000 flight hours or 

48 months after the effective date of this AD, 

whichever occurs first, replace the metallic 

tubes enclosing the vent and pilot valve 

wires in the left- and right-hand wing fuel 

tanks with new, improved, non-conductive 

hoses; in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145–28–0023, Revision 11, 

dated December 4, 2007. 

Credit for Actions Done Using Previous 

Service Information 

(h) Actions accomplished before the 

effective date of this AD in accordance with 

the service information specified in Table 1 

of this AD are considered acceptable for 

compliance with the corresponding actions 

of this AD. 

TABLE 1—ACCEPTABLE EMBRAER SERVICE INFORMATION

EMBRAER Service Bulletin— Revision 

level— Dated—

145–28–0023 ............................................................................................................................................... (1) April 19, 2004. 

145–28–0023 ............................................................................................................................................... 01 June 9, 2004. 

145–28–0023 ............................................................................................................................................... 02 November 8, 2004. 

145–28–0023 ............................................................................................................................................... 03 April 27, 2005. 

145–28–0023 ............................................................................................................................................... 04 November 7, 2005. 

145–28–0023 ............................................................................................................................................... 05 May 15, 2006. 

145–28–0023 ............................................................................................................................................... 06 October 31, 2006. 

145–28–0023 ............................................................................................................................................... 07 February 7, 2007. 

145–28–0023 ............................................................................................................................................... 08 May 25, 2007. 

145–28–0023 ............................................................................................................................................... 09 July 30, 2007. 

145–28–0023 ............................................................................................................................................... 10 October 28, 2007. 

145LEG–28–0018 ........................................................................................................................................ (1) April 23, 2004. 

1Original. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, International Branch, 

ANM–116, FAA, Transport Airplane 

Directorate, 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, FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1175; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

Related Information 

(j) None. 

Material Incorporated by Reference 

(k) You must use the applicable service 

information listed in Table 2 of this AD to 

perform the actions that are required by this 

AD, unless the AD specifies otherwise. 

TABLE 2—MATERIAL INCORPORATED BY REFERENCE

EMBRAER Service Bulletin— Revision 

level— Dated—

145LEG–28–0018 ........................................................................................................................................ 01 April 20, 2005. 

145–28–0023 ............................................................................................................................................... 07 February 7, 2007. 

145–28–0023 ............................................................................................................................................... 11 December 4, 2007. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

EMBRAER Service Bulletin 145–28–0023, 

Revision 11, dated December 4, 2007, in 

accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) On July 19, 2007 (72 FR 32780, June 14, 

2007), the Director of the Federal Register 

approved the incorporation by reference of 

EMBRAER Service Bulletin 145–28–0023, 

Revision 07, dated February 7, 2007; and 

EMBRAER Service Bulletin 145LEG–28–

0018, Revision 01, dated April 20, 2005. 

(3) Contact Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), P.O. Box 

343—CEP 12.225, Sao Jose dos Campos—SP, 

Brazil, for a copy of this service information. 

You may review copies at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington; or at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on August 

6, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–18808 Filed 8–18–08; 8:45 am] 

BILLING CODE 4910–13–P 


ebenthall on PRODPC60 with RULES