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9500 Federal Register / Vol. 73, No.

35 / Thursday, February 21, 2008 / Proposed Rules

FAA AD Differences DEPARTMENT OF TRANSPORTATION contains this proposed AD, the


Note 2: This AD differs from the MCAI regulatory evaluation, any comments
Federal Aviation Administration received, and other information. The
and/or service information as follows: The
MCAI specifies a compliance date of ‘‘Before street address for the Docket Operations
December 31, 2008’’ for doing the ALI
14 CFR Part 39 office (telephone (800) 647–5527) is in
revisions. We have already issued regulations the ADDRESSES section. Comments will
[Docket No. FAA–2008–0194; Directorate
that require operators to revise their Identifier 2007–NM–263–AD] be available in the AD docket shortly
maintenance/inspection programs to address after receipt.
fuel tank safety issues. The compliance date RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT:
for these regulations is December 16, 2008. Sanjay Ralhan, Aerospace Engineer,
To provide for coordinated implementation
Airworthiness Directives; Embraer International Branch, ANM–116,
of these regulations and this AD, we are
Model EMB–135BJ Airplanes Transport Airplane Directorate, FAA,
using this same compliance date in this AD. AGENCY: Federal Aviation 1601 Lind Avenue, SW., Renton,
Administration (FAA), DOT. Washington 98057–3356; telephone
Other FAA AD Provisions (425) 227–1405; fax (425) 227–1149.
ACTION: Notice of proposed rulemaking
(g) The following provisions also apply to SUPPLEMENTARY INFORMATION:
(NPRM).
this AD:
(1) Alternative Methods of Compliance Comments Invited
SUMMARY: We propose to adopt a new
(AMOCs): The Manager, International airworthiness directive (AD) for the We invite you to send any written
Branch, ANM–116, FAA, has the authority to products listed above. This proposed relevant data, views, or arguments about
approve AMOCs for this AD, if requested AD results from mandatory continuing this proposed AD. Send your comments
using the procedures found in 14 CFR 39.19. airworthiness information (MCAI) to an address listed under the
Send information to ATTN: Sanjay Ralhan, originated by an aviation authority of ADDRESSES section. Include ‘‘Docket No.
Aerospace Engineer, International Branch, another country to identify and correct FAA–2008–0194; Directorate Identifier
ANM–116, Transport Airplane Directorate, an unsafe condition on an aviation 2007–NM–263–AD’’ at the beginning of
FAA, 1601 Lind Avenue, SW., Renton, product. The MCAI describes the unsafe your comments. We specifically invite
Washington 98057–3356; telephone (425) condition as: comments on the overall regulatory,
227–1405; fax (425) 227–1149. Before using economic, environmental, and energy
any approved AMOC on any airplane to Fuel system reassessment, performed
aspects of this proposed AD. We will
which the AMOC applies, notify your according to RBHA–E88/SFAR–88
(Regulamento Brasileiro de Homologacao consider all comments received by the
appropriate principal inspector (PI) in the closing date and may amend this
Aeronautica 88/Special Federal Aviation
FAA Flight Standards District Office (FSDO), Regulation No. 88), requires the inclusion of proposed AD based on those comments.
or lacking a PI, your local FSDO. new maintenance tasks in the Critical Design We will post all comments we
(2) Airworthy Product: For any requirement Configuration Control Limitations (CDCCL) receive, without change, to http://
in this AD to obtain corrective actions from and in the Fuel System Limitations (FSL), www.regulations.gov, including any
a manufacturer or other source, use these necessary to preclude ignition sources in the personal information you provide. We
actions if they are FAA-approved. Corrective fuel system. * * * will also post a report summarizing each
actions are considered FAA-approved if they The proposed AD would require actions substantive verbal contact we receive
are approved by the State of Design Authority that are intended to address the unsafe about this proposed AD.
(or their delegated agent). You are required condition described in the MCAI.
to assure the product is airworthy before it Discussion
DATES: We must receive comments on
is returned to service. Agência Nacional de Aviação Civil
this proposed AD by March 24, 2008.
(3) Reporting Requirements: For any (ANAC), which is the aviation authority
reporting requirement in this AD, under the ADDRESSES: You may send comments by
for Brazil, has issued Brazilian
provisions of the Paperwork Reduction Act, any of the following methods:
Airworthiness Directive 2007–08–01,
the Office of Management and Budget (OMB) • Federal eRulemaking Portal: Go to
effective September 27, 2007 (referred to
has approved the information collection http://www.regulations.gov. Follow the
after this as ‘‘the MCAI’’), to correct an
requirements and has assigned OMB Control instructions for submitting comments.
unsafe condition for the specified
Number 2120–0056. • Fax: (202) 493–2251.
products. The MCAI states:
• Mail: U.S. Department of
Related Information Transportation, Docket Operations, M– Fuel system reassessment, performed
(h) Refer to MCAI Brazilian Airworthiness 30, West Building Ground Floor, Room according to RBHA–E88/SFAR–88
Directive 2007–08–02, effective September (Regulamento Brasileiro de Homologacao
W12–140, 1200 New Jersey Avenue, SE.,
Aeronautica 88/Special Federal Aviation
27, 2007; and Sections A2.5.2, Fuel System Washington, DC 20590. Regulation No. 88), requires the inclusion of
Limitation Items, and A2.4, Critical Design • Hand Delivery: U.S. Department of new maintenance tasks in the Critical Design
Configuration Control Limitation (CDCCL), of Transportation, Docket Operations, M– Configuration Control Limitations (CDCCL)
Appendix 2 of the MRBR; for related 30, West Building Ground Floor, Room and in the Fuel System Limitations (FSL),
information. W12–40, 1200 New Jersey Avenue, SE., necessary to preclude ignition sources in the
Issued in Renton, Washington, on February Washington, DC, between 9 a.m. and 5 fuel system. * * *
13, 2008. p.m., Monday through Friday, except The corrective action is revising the
Stephen P. Boyd, Federal holidays. Airworthiness Limitations Section
(ALS) of the Instructions for Continued
Assistant Manager, Transport Airplane Examining the AD Docket
Airworthiness (ICA) to incorporate new
ebenthall on PRODPC61 with PROPOSALS

Directorate, Aircraft Certification Service.


You may examine the AD docket on limitations for fuel tank systems. You
[FR Doc. E8–3190 Filed 2–20–08; 8:45 am] the Internet at http:// may obtain further information by
BILLING CODE 4910–13–P www.regulations.gov; or in person at the examining the MCAI in the AD docket.
Docket Operations office between 9 a.m. The FAA has examined the
and 5 p.m., Monday through Friday, underlying safety issues involved in fuel
except Federal holidays. The AD docket tank explosions on several large

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Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Proposed Rules 9501

transport airplanes, including the Maintenance Planning Guide (MPG) proposed AD on U.S. operators to be
adequacy of existing regulations, the MPG–1483, Revision 5, dated March 22, $2,960, or $80 per product.
service history of airplanes subject to 2007. The actions described in this
those regulations, and existing service information are intended to Authority for This Rulemaking
maintenance practices for fuel tank correct the unsafe condition identified Title 49 of the United States Code
systems. As a result of those findings, in the MCAI. specifies the FAA’s authority to issue
we issued a regulation titled ‘‘Transport rules on aviation safety. Subtitle I,
Airplane Fuel Tank System Design FAA’s Determination and Requirements
of This Proposed AD section 106, describes the authority of
Review, Flammability Reduction and the FAA Administrator. ‘‘Subtitle VII:
Maintenance and Inspection This product has been approved by
Aviation Programs,’’ describes in more
Requirements’’ (66 FR 23086, May 7, the aviation authority of another
detail the scope of the Agency’s
2001). In addition to new airworthiness country, and is approved for operation
in the United States. Pursuant to our authority.
standards for transport airplanes and
new maintenance requirements, this bilateral agreement with the State of We are issuing this rulemaking under
rule included Special Federal Aviation Design Authority, we have been notified the authority described in ‘‘Subtitle VII,
Regulation No. 88 (‘‘SFAR 88,’’ of the unsafe condition described in the Part A, Subpart III, Section 44701:
Amendment 21–78, and subsequent MCAI and service information General requirements.’’ Under that
Amendments 21–82 and 21–83). referenced above. We are proposing this section, Congress charges the FAA with
Among other actions, SFAR 88 AD because we evaluated all pertinent promoting safe flight of civil aircraft in
requires certain type design (i.e., type information and determined an unsafe air commerce by prescribing regulations
certificate (TC) and supplemental type condition exists and is likely to exist or for practices, methods, and procedures
certificate (STC)) holders to substantiate develop on other products of the same the Administrator finds necessary for
that their fuel tank systems can prevent type design. safety in air commerce. This regulation
ignition sources in the fuel tanks. This is within the scope of that authority
requirement applies to type design Explanation of Compliance Time because it addresses an unsafe condition
holders for large turbine-powered In most ADs, we adopt a compliance that is likely to exist or develop on
transport airplanes and for subsequent time allowing a specified amount of products identified in this rulemaking
modifications to those airplanes. It time after the AD’s effective date. In this action.
requires them to perform design reviews case, however, the FAA has already
and to develop design changes and issued regulations that require operators Regulatory Findings
maintenance procedures if their designs to revise their maintenance/inspection We determined that this proposed AD
do not meet the new fuel tank safety programs to address fuel tank safety would not have federalism implications
standards. As explained in the preamble issues. The compliance date for these under Executive Order 13132. This
to the rule, we intended to adopt regulations is December 16, 2008. To proposed AD would not have a
airworthiness directives to mandate any provide for coordinated implementation substantial direct effect on the States, on
changes found necessary to address of these regulations and this proposed the relationship between the national
unsafe conditions identified as a result AD, we are using this same compliance Government and the States, or on the
of these reviews. date in this proposed AD. distribution of power and
In evaluating these design reviews, we
Differences Between This AD and the responsibilities among the various
have established four criteria intended
MCAI or Service Information levels of government.
to define the unsafe conditions
associated with fuel tank systems that We have reviewed the MCAI and For the reasons discussed above, I
require corrective actions. The related service information and, in certify this proposed regulation:
percentage of operating time during general, agree with their substance. But 1. Is not a ‘‘significant regulatory
which fuel tanks are exposed to we might have found it necessary to use action’’ under Executive Order 12866;
flammable conditions is one of these different words from those in the MCAI
2. Is not a ‘‘significant rule’’ under the
criteria. The other three criteria address to ensure the AD is clear for U.S.
DOT Regulatory Policies and Procedures
the failure types under evaluation: operators and is enforceable. In making
(44 FR 11034, February 26, 1979); and
Single failures, single failures in these changes, we do not intend to differ
combination with a latent condition(s), substantively from the information 3. Will not have a significant
and in-service failure experience. For all provided in the MCAI and related economic impact, positive or negative,
four criteria, the evaluations included service information. on a substantial number of small entities
consideration of previous actions taken We might also have proposed under the criteria of the Regulatory
that may mitigate the need for further different actions in this AD from those Flexibility Act.
action. in the MCAI in order to follow FAA We prepared a regulatory evaluation
We have determined that the actions policies. Any such differences are of the estimated costs to comply with
identified in this AD are necessary to highlighted in a NOTE within the this proposed AD and placed it in the
reduce the potential of ignition sources proposed AD. AD docket.
inside fuel tanks, which, in combination
Costs of Compliance List of Subjects in 14 CFR Part 39
with flammable fuel vapors, could result
in fuel tank explosions and consequent Based on the service information, we
estimate that this proposed AD would Air transportation, Aircraft, Aviation
loss of the airplane.
affect about 37 products of U.S. registry. safety, Safety.
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Relevant Service Information We also estimate that it would take The Proposed Amendment
EMBRAER has issued Sections about 1 work-hour per product to
A2.5.2, Fuel System Limitation Items, comply with the basic requirements of Accordingly, under the authority
and A2.4, Critical Design Configuration this proposed AD. The average labor delegated to me by the Administrator,
Control Limitations (CDCCL), of rate is $80 per work-hour. Based on the FAA proposes to amend 14 CFR part
Appendix 2 of the Embraer Legacy BJ these figures, we estimate the cost of the 39 as follows:

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9502 Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Proposed Rules

PART 39—AIRWORTHINESS Fuel System Limitation Items, of Appendix 2 (2) Airworthy Product: For any requirement
DIRECTIVES of the MPG. For all tasks identified in Section in this AD to obtain corrective actions from
A2.5.2 of Appendix 2 of the MPG, the initial a manufacturer or other source, use these
1. The authority citation for part 39 compliance times start from the later of the actions if they are FAA-approved. Corrective
continues to read as follows: times specified in paragraphs (f)(2)(i) and actions are considered FAA-approved if they
(f)(2)(ii) of this AD; and the repetitive are approved by the State of Design Authority
Authority: 49 U.S.C. 106(g), 40113, 44701. inspections must be accomplished thereafter (or their delegated agent). You are required
§ 39.13 [Amended] at the interval specified in Section A2.5.2 of to assure the product is airworthy before it
Appendix 2 of the MPG, except as provided is returned to service.
2. The FAA amends § 39.13 by adding by paragraphs (f)(4) and (g) of this AD. (3) Reporting Requirements: For any
the following new AD: (i) The effective date of this AD. reporting requirement in this AD, under the
Empresa Brasileira de Aeronautica S.A. (ii) The date of issuance of the original provisions of the Paperwork Reduction Act,
(EMBRAER): Docket No. FAA–2008– Brazilian standard airworthiness certificate the Office of Management and Budget (OMB)
0194; Directorate Identifier 2007–NM– or the date of issuance of the original has approved the information collection
263–AD. Brazilian export certificate of airworthiness. requirements and has assigned OMB Control
(3) Before December 16, 2008, or within 90 Number 2120–0056.
Comments Due Date days after the effective date of this AD,
(a) We must receive comments by March whichever occurs first, revise the ALS of the Related Information
24, 2008. ICA to incorporate items 1, 2, and 3 of (h) Refer to MCAI Brazilian Airworthiness
Section A2.4, Critical Design Configuration Directive 2007–08–01, effective September
Affected ADs Control Limitation (CDCCL), of Appendix 2 27, 2007; and Sections A2.5.2, Fuel System
(b) None. of the MPG. Limitation Items, and A2.4, Critical Design
(4) After accomplishing the actions Configuration Control Limitation (CDCCL), of
Applicability specified in paragraphs (f)(2) and (f)(3) of this Appendix 2 of the MPG; for related
(c) This AD applies to all Embraer Model AD, no alternative inspections, inspection information.
EMB–135BJ airplanes, certificated in any intervals, or CDCCLs may be used unless the
category. inspections, intervals, or CDCCLs are part of Issued in Renton, Washington, on February
a later revision of Appendix 2 of the MPG 13, 2008.
Note 1: This AD requires revisions to
certain operator maintenance documents to that is approved by the Manager, ANM–116, Stephen P. Boyd,
include new inspections. Compliance with FAA, or ANAC (or its delegated agent); or Assistant Manager, Transport Airplane
these inspections is required by 14 CFR unless the inspections, intervals, or CDCCLs Directorate, Aircraft Certification Service.
91.403(c). For airplanes that have been are approved as an alternative method of [FR Doc. E8–3191 Filed 2–20–08; 8:45 am]
previously modified, altered, or repaired in compliance (AMOC) in accordance with the
BILLING CODE 4910–13–P
the areas addressed by these inspections, the procedures specified in paragraph (g) of this
operator may not be able to accomplish the AD.
inspections described in the revisions. In this FAA AD Differences
situation, to comply with 14 CFR 91.403(c), DEPARTMENT OF TRANSPORTATION
the operator must request approval for an Note 2: This AD differs from the MCAI
alternative method of compliance according and/or service information as follows: The Federal Aviation Administration
to paragraph (g) of this AD. The request MCAI specifies a compliance date of ‘‘Before
should include a description of changes to December 31, 2008’’ for doing the ALI 14 CFR Part 39
the required inspections that will ensure the revisions. We have already issued regulations
continued operational safety of the airplane. that require operators to revise their [Docket No. FAA–2007–0078; Directorate
maintenance/inspection programs to address Identifier 2007–NE–40–AD]
Subject fuel tank safety issues. The compliance date RIN 2120–AA64
(d) Air Transport Association (ATA) of for these regulations is December 16, 2008.
America Code 28: Fuel. To provide for coordinated implementation Airworthiness Directives; Rolls-Royce
of these regulations and this AD, we are plc RB211 Series Turbofan Engines
Reason using this same compliance date in this AD.
(e) The mandatory continuing We also included a compliance time of AGENCY: Federal Aviation
airworthiness information (MCAI) states: ‘‘within 90 days after the effective date of this Administration (FAA), DOT.
Fuel system reassessment, performed AD’’ in paragraph (f)(3) of this AD, rather
than ‘‘within 180 days after the effective date ACTION: Notice of proposed rulemaking
according to RBHA–E88/SFAR–88
(Regulamento Brasileiro de Homologacao of this AD,’’ as specified by the MCAI. We (NPRM).
Aeronautica 88/Special Federal Aviation have coordinated these compliance times
with ANAC. SUMMARY: We propose to adopt a new
Regulation No. 88), requires the inclusion of
new maintenance tasks in the Critical Design airworthiness directive (AD) for the
Configuration Control Limitations (CDCCL) Other FAA AD Provisions products listed above. This proposed
and in the Fuel System Limitations (FSL), (g) The following provisions also apply to AD results from mandatory continuing
necessary to preclude ignition sources in the this AD: airworthiness information (MCAI)
fuel system. * * * (1) Alternative Methods of Compliance originated by an aviation authority of
The corrective action is revising the (AMOCs): The Manager, International another country to identify and correct
Airworthiness Limitations Section (ALS) of Branch, ANM–116, FAA, has the authority to an unsafe condition on an aviation
the Instructions for Continued Airworthiness approve AMOCs for this AD, if requested product. The MCAI describes the unsafe
(ICA) to incorporate new limitations for fuel using the procedures found in 14 CFR 39.19.
Send information to ATTN: Sanjay Ralhan,
condition as:
tank systems.
Aerospace Engineer, International Branch, High pressure (HP) turbine discs recently
Actions and Compliance ANM–116, Transport Airplane Directorate, inspected in accordance with the Engine
(f) Unless already done, do the following FAA, 1601 Lind Avenue, SW., Renton, Manual have exhibited cracks in the disc rim.
ebenthall on PRODPC61 with PROPOSALS

actions. Washington 98057–3356; telephone (425) The discs have failed to meet the inspection
(1) The term ‘‘MPG,’’ as used in this AD, 227–1405; fax (425) 227–1149. Before using acceptance criteria and have been returned to
means the Embraer Legacy BJ Maintenance any approved AMOC on any airplane to Rolls-Royce for engineering investigation.
Planning Guide (MPG) MPG–1483, Revision which the AMOC applies, notify your This investigation has concluded that the
5, dated March 22, 2007. appropriate principal inspector (PI) in the cracks have resulted from scores within the
(2) Before December 16, 2008, revise the FAA Flight Standards District Office (FSDO), cooling air holes in the disc rim that could
ALS of the ICA to incorporate Section A2.5.2, or lacking a PI, your local FSDO. have been introduced during new part

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