56462 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0361; Directorate 

Identifier 2007–NM–279–AD; Amendment 

39–15681; AD 2008–20–02] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 and ERJ 

190 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

A few hydraulic system tube clamps 

located inside the wing fuel tanks were found 

damaged. Further analysis has shown that 

damage to multiple clamps may cause sparks 

inside the tanks, which in turn may lead to 

ignition of flammable vapors inside the fuel 

tanks. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

November 3, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of November 3, 2008. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov; or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Kenny Kaulia, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2848; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on March 28, 2008 (73 FR 

16575). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

A few hydraulic system tube clamps 

located inside the wing fuel tanks were found 

damaged. Further analysis has shown that 

damage to multiple clamps may cause sparks 

inside the tanks, which in turn may lead to 

ignition of flammable vapors inside the fuel 

tanks. 

The corrective action includes replacing 

tube attachment clamps having certain 

part numbers with new tube attachment 

clamps. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request To Add Revised Service 

Information 

EMBRAER states that Service Bulletin 

170–29–0006 was revised to include 

additional airplanes in the effectivity. 

Therefore, EMBRAER recommends that 

the AD applicability refers to Service 

Bulletin 170–29–0006, Revision 01, 

dated February 22, 2008. The original 

issue, dated October 4, 2006, was 

referred to in the NPRM as the source 

of service information for accomplishing 

certain actions. EMBRAER adds that the 

original issue should be kept as an 

acceptable means of compliance. 

We agree that the applicability in the 

NPRM should be changed. Revision 01 

of the service bulletin includes a 

reference to ‘‘EMBRAER 175 ( ) model 

aircraft,’’ which is the marketing 

designation for a certain version of the 

Model ERJ 170 airplane. However, no 

additional airplanes have been added to 

the service bulletin effectivity. We have 

changed the service bulletin reference in 

paragraph (c) of this AD from the 

original issue to Revision 01. 

In addition, we agree to change 

paragraph (f) of the AD to refer to 

Revision 01 of the referenced service 

bulletin. Revision 01 specifies that there 

is no additional action for airplanes on 

which the actions in the original issue 

of the service bulletin have been done. 

We have also added a new paragraph 

(f)(3) to this AD to give operators credit 

for doing the actions in the original 

issue of the service bulletin. 

Request To Change Paragraph (e) 

EMBRAER also recommends changing 

paragraph (e) of the NPRM to add the 

phrase, ‘‘in conjunction with a lightning 

strike’’ following the words ‘‘multiple 

clamps’’ as specified in that paragraph. 

EMBRAER did not provide a 

justification for this change. 

We do not agree that paragraph (e) of 

the NPRM should be changed. 

Paragraph (e) of this AD quotes the 

requirements in the MCAI verbatim; 

therefore, no change to the AD is 

necessary in this regard. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We also determined that these changes 

will not increase the economic burden 

on any operator or increase the scope of 

the AD. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

highlighted in a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

88 products of U.S. registry. We also 

estimate that it will take 18 work-hours 

per product to comply with the basic 

requirements of this AD. The average 

labor rate is $80 per work-hour. 

Required parts will cost about $269 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these parts. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of this AD 

to the U.S. operators to be $150,392, or 

about $1,709 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. 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 56463 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

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

DOT Regulatory Policies and Procedures 

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

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains the NPRM, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2008–20–02 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER: 

Amendment 39–15681. Docket No. 

FAA–2008–0361; Directorate Identifier 

2007–NM–279–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective November 3, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

ERJ 170–100 LR, –100 STD, –100 SE, –100 

SU, –200 LR, –200 STD, and –200 SU 

airplanes; as identified in EMBRAER Service 

Bulletin 170–29–0006, Revision 01, dated 

February 22, 2008; and Model ERJ 190–100 

STD, –100 LR, –100 IGW, –200 STD, –200 

LR, and –200 IGW airplanes; as identified in 

EMBRAER Service Bulletin 190–29–0003, 

dated October 4, 2006; certificated in any 

category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 29: Hydraulic Power. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

A few hydraulic system tube clamps 

located inside the wing fuel tanks were found 

damaged. Further analysis has shown that 

damage to multiple clamps may cause sparks 

inside the tanks, which in turn may lead to 

ignition of flammable vapors inside the fuel 

tanks. 

The corrective action includes replacing tube 

attachment clamps having certain part 

numbers with new tube attachment clamps. 

Actions and Compliance 

(f) Unless already done: Within 8,000 flight 

hours after the effective date of this AD, 

replace the clamps which attach the 

hydraulic tubes inside the wing fuel tanks 

with new clamps, as specified in paragraph 

(f)(1) or (f)(2) of this AD, as applicable; in 

accordance with the Accomplishment 

Instructions of EMBRAER Service Bulletin 

170–29–0006, Revision 01, dated February 

22, 2008; or 190–29–0003, dated October 4, 

2006; as applicable. 

(1) For Model ERJ 170 airplanes: Replace 

any clamp having part number (P/N) 

PE27019RF4E with a new clamp having P/N 

PE27019FS4E; and any clamp having P/N 

PE27019RF8E with a new clamp having P/N 

PE27019FS8E. 

(2) For Model ERJ 190 airplanes: Replace 

any clamp having P/N PE27019RF4E with a 

new clamp having P/N PE27019FS4E; and 

any clamp having P/N PE27019RF6E with a 

new clamp having P/N PE27019FS6E. 

(3) Actions accomplished before the 

effective date of this AD in accordance with 

EMBRAER Service Bulletin 170–29–0006, 

dated October 4, 2006, are considered 

acceptable for compliance with the 

corresponding actions specified in paragraph 

(f) of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows. No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Kenny Kaulia, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2848; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Brazilian Airworthiness 

Directives 2007–04–01R1 and 2007–04–02R1 

(including Errata, effective December 21, 

2007), both effective December 21, 2007; and 

EMBRAER Service Bulletins 170–29–0006, 

Revision 01, dated February 22, 2008; and 

190–29–0003, dated October 4, 2006; for 

related information. 

Material Incorporated by Reference 

(i) You must use EMBRAER Service 

Bulletin 170–29–0006, Revision 01, dated 

February 22, 2008; or EMBRAER Service 

Bulletin 190–29–0003, dated October 4, 2006; 

as applicable, to do the actions required by 

this AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Empresa Brasileira de 

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


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56464 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 

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

Brazil. 

(3) You may review copies at the FAA, 

Transport Airplane Directorate, 1601 Lind 

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

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

(202) 741–6030, or go to: http:// 

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

Issued in Renton, Washington, on 

September 12, 2008. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–22205 Filed 9–26–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0638; Directorate 

Identifier 2008–NM–035–AD; Amendment 

39–15680; AD 2008–20–01] 

RIN 2120–AA64 

Airworthiness Directives; Lockheed 

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

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Lockheed Model 382, 382B, 382E, 382F, 

and 382G series airplanes. This AD 

requires revising the FAA-approved 

maintenance program by incorporating 

new airworthiness limitations for fuel 

tank systems to satisfy Special Federal 

Aviation Regulation No. 88 

requirements. This AD also requires the 

accomplishment of certain fuel system 

modifications, the initial inspections of 

certain repetitive fuel system limitations 

to phase in those inspections, and repair 

if necessary. This AD results from a 

design review of the fuel tank systems. 

We are issuing this AD to prevent the 

potential for ignition sources inside fuel 

tanks caused by latent failures, 

alterations, repairs, or maintenance 

actions, which, in combination with 

flammable fuel vapors, could result in a 

fuel tank explosion and consequent loss 

of the airplane. 

DATES: This AD is effective November 3, 

2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of November 3, 2008. 

ADDRESSES: For service information 

identified in this 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. 

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) 

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: 

Robert A. Bosak, Aerospace Engineer, 

Propulsion and Services Branch, ACE– 

118A, FAA, Atlanta Aircraft 

Certification Office, One Crown Center, 

1895 Phoenix Boulevard, Suite 450, 

Atlanta, Georgia 30349; telephone (770) 

703–6094; fax (770) 703–6097. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to all 

Lockheed Model 382, 382B, 382E, 382F, 

and 382G series airplanes. That NPRM 

was published in the Federal Register 

on June 13, 2008 (73 FR 33740). That 

NPRM proposed to require revising the 

FAA-approved maintenance program by 

incorporating new airworthiness 

limitations for fuel tank systems to 

satisfy Special Federal Aviation 

Regulation No. 88 (SFAR 88) 

requirements. That NPRM also proposed 

to require the accomplishment of certain 

fuel system modifications, the initial 

inspections of certain repetitive fuel 

system limitations to phase in those 

inspections, and repair if necessary. 

Actions Since NPRM Was Issued 

Since we issued the NPRM, Lockheed 

has issued Service Bulletin 382–28–20, 

Revision 5, dated June 19, 2008, to 

reflect changes to the required kits. In 

the NPRM, we referred to Revision 4 of 

the service bulletin, dated May 21, 2007, 

as an additional source of service 

information for installing ground fault 

interrupters (GFIs) and flame arrestors 

for protection of the fuel system. The 

procedures in Revision 5 of the service 

bulletin are essentially the same as 

those in Revision 4. Therefore, we have 

revised Table 1 of this AD to refer to 

Revision 5 of the service bulletin as the 

appropriate source of service 

information for installing the GFIs and 

flame arrestors. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received from 

the four commenters. 

Requests To Revise Compliance Time 

Lynden Air Cargo (LAC) and Safair 

request that we extend the compliance 

time from 24 months to 36 months for 

doing the modification in paragraph (h) 

of the NPRM. As justification, the 

commenters state that additional time is 

needed to procure parts and to 

accomplish the modifications during a 

heavy maintenance visit. 

We agree to revise the compliance 

time in paragraph (h) of this AD to 36 

months. Extending the compliance time 

will not adversely affect safety, and it 

will allow operators to accomplish the 

modifications, initial inspections, and 

repairs during regularly scheduled 

maintenance at a base where special 

equipment and trained maintenance 

personnel will be available if necessary. 

Request To Revise Paragraph (g)(1) of 

the NPRM 

LAC requests that we revise paragraph 

(g)(1) of the NPRM to refer to paragraph 

2.C.(3)(e) of Lockheed Service Bulletin 

382–28–22, Revision 3, dated March 28, 

2008, instead of paragraph 2.C.(3)(c). 

LAC believes that ‘‘2.C.(3)(c)’’ is a 

typographical error because all of the 

other critical design configuration 

control limitation (CDCCL) items 

referred to in paragraph (g)(1) of the 

NPRM address wiring practices and 

resistance measurements. 

We agree with LAC’s request and have 

revised paragraph (g)(1) of this AD 

accordingly. The CDCCLs referred to in 

paragraphs 2.C.(3)(e), 2.C.(3)(h), 

2.C.(4)(a), 2.C.(5)(c), 2.C.(7)(h), and 

2.C.(8) of Lockheed Service Bulletin 

382–28–22 are all items that can be 

accomplished in accordance with 

Lockheed Service Bulletin 382–28–19, 

Revision 3, dated November 30, 2006. 

Request To Revise the Method of 

Compliance in Paragraph (g)(1) of the 

NPRM 

LAC requests that we revise paragraph 

(g)(1) of the NPRM as follows: ‘‘* * * 

do the applicable actions in accordance 

with the procedures specified in 

Lockheed Service Bulletin 382–28–19, 

Revision 3, dated November 30, 2006, or 

a method approved in accordance with 

paragraph (k) of this AD.’’ Paragraph 


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