Rule: Airworthiness Directives: Empresa Brasileira de Aeronautica S.A. (EMBRAER)

Federal Register / Vol. 72, No.
166 / Tuesday, August 28, 2007 / Rules and Regulations 49173
List of Subjects in 14 CFR Part 39 Other FAA AD Provisions Issued in Kansas City, Missouri, on August
(g) The following provisions also apply to 16, 2007.
Air transportation, Aircraft, Aviation this AD: Terry L. Chasteen,
safety, Incorporation by reference, (1) Alternative Methods of Compliance Acting Manager, Small Airplane Directorate,
Safety. (AMOCs): The Manager, Standards Staff, Aircraft Certification Service.
Adoption of the Amendment FAA, has the authority to approve AMOCs [FR Doc. E7–16652 Filed 8–27–07; 8:45 am]
for this AD, if requested using the procedures BILLING CODE 4910–13–P
■ Accordingly, under the authority found in 14 CFR 39.19. Send information to
delegated to me by the Administrator, ATTN: Karl Schletzbaum, Aerospace
the FAA amends 14 CFR part 39 as Engineer, FAA, Small Airplane Directorate, DEPARTMENT OF TRANSPORTATION
follows: 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329–4146; fax: (816) Federal Aviation Administration
PART 39—AIRWORTHINESS 329–4090. Before using any approved AMOC
DIRECTIVES on any airplane to which the AMOC applies, 14 CFR Part 39
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District [Docket No. FAA–2007–28158; Directorate
■ 1. The authority citation for part 39 Identifier 2007–NM–018–AD; Amendment
continues to read as follows: Office (FSDO), or lacking a PI, your local
FSDO. 39–15168; AD 2007–17–10]
Authority: 49 U.S.C. 106(g), 40113, 44701. (2) Airworthy Product: For any requirement RIN 2120–AA64
in this AD to obtain corrective actions from
§ 39.13 [Amended]
a manufacturer or other source, use these Airworthiness Directives; Empresa
■ 2. The FAA amends § 39.13 by adding actions if they are FAA approved. Corrective Brasileira de Aeronautica S.A.
the following new AD: actions are considered FAA approved if they (EMBRAER) Model EMB–135BJ
are approved by the State of Design Authority Airplanes
2007–17–20 Pacific Aerospace Limited: (or their delegated agent). You are required
Amendment 39–15178; Docket No. to assure the product is airworthy before it AGENCY: Federal Aviation
FAA–2007–28436; Directorate Identifier Administration (FAA), Department of
is returned to service.
2007–CE–055–AD. Transportation (DOT).
(3) Reporting Requirements: For any
Effective Date reporting requirement in this AD, under the ACTION: Final rule.
(a) This airworthiness directive (AD) provisions of the Paperwork Reduction Act
becomes effective October 2, 2007. (44 U.S.C. 3501 et. seq.), the Office of SUMMARY: We are adopting a new
Management and Budget (OMB) has airworthiness directive (AD) for the
Affected ADs approved the information collection products listed above. This AD results
(b) None. requirements and has assigned OMB Control from mandatory continuing
Applicability Number 2120–0056. airworthiness information (MCAI)
Related Information originated by an aviation authority of
(c) This AD applies to 750XL airplanes,
serial numbers 101, 102, 104 through 120,
another country to identify and correct
(h) Refer to MCAI Civil Aviation Authority an unsafe condition on an aviation
and 122 through 129, certificated in any of New Zealand AD DCA/750XL/13, effective
category. product. The MCAI describes the unsafe
date April 26, 2007; Pacific Aerospace
condition as:
Subject Limited Mandatory Service Bulletin PACSB/
XL/027, dated March 27, 2007; and Pacific It has been found cases in which the drain
(d) Air Transport Association of America
Aerospace Ltd drawing number 11–03141/42, mast of the water and waste system does not
(ATA) Code 27: Flight Controls.
drawn March 26, 2007, for related meet the SFAR–88 (Special Federal Aviation
Reason information. Regulation No. 88) requirements. In case of
fuel leakage or fuel vapor release, the
(e) The mandatory continuing
Material Incorporated by Reference proximity of this mast with the fuel tank may
airworthiness information (MCAI) states:
(i) You must use Pacific Aerospace Limited cause fuel ignition, leading to a possible tank
To prevent cracks developing in the aileron
Mandatory Service Bulletin PACSB/XL/027, explosion.
spar adjacent to the inboard hinge attachment
accomplish the following: dated March 27, 2007; and Pacific Aerospace We are issuing this AD to require
Remove both ailerons, inspect and modify Ltd drawing number 11–03141/42, drawn actions to correct the unsafe condition
the aileron spar at the inboard hinge March 26, 2007, to do the actions required by on these products.
attachment point in accordance with Pacific this AD, unless the AD specifies otherwise.
DATES: This AD becomes effective
Aerospace Ltd Service Bulletin PACSB/XL/ (1) The Director of the Federal Register
027. October 2, 2007.
approved the incorporation by reference of
The Director of the Federal Register
Actions and Compliance this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
approved the incorporation by reference
(f) Unless already done, within the next 6 of certain publications listed in this AD
(2) For service information identified in
months after October 2, 2007 (the effective as of October 2, 2007.
this AD, contact Pacific Aerospace Limited,
date of this AD) or within the next 150 hours
Private Bag HN3027, Hamilton, New ADDRESSES: You may examine the AD
time-in-service after October 2, 2007 (the
effective date of this AD), whichever occurs Zealand, telephone: +(64) 7–843–6144, fax: docket on the Internet at http://
first, rework the left and right ailerons in +(64) 7–843–6134, e-mail: dms.dot.gov or in person at the U.S.
accordance with Pacific Aerospace Ltd pacific@aerospace.co.nz. Department of Transportation, Docket
drawing number 11–03141/42, drawn March (3) You may review copies at the FAA, Operations, M–30, West Building,
26, 2007, as specified in Pacific Aerospace Central Region, Office of the Regional Ground Floor, Room W12–140, 1200
Limited Mandatory Service Bulletin PACSB/ Counsel, 901 Locust, Room 506, Kansas City, New Jersey Avenue, SE., Washington,
pwalker on PROD1PC71 with NOTICES
XL/027, dated March 27, 2007. Missouri 64106; or at the National Archives DC.
and Records Administration (NARA). For
FAA AD Differences information on the availability of this FOR FURTHER INFORMATION CONTACT:
Note: This AD differs from the MCAI and/ material at NARA, call 202–741–6030, or go Todd Thompson, Aerospace Engineer,
or service information as follows: No to: http://www.archives.gov/federal-register/ International Branch, ANM–116, FAA,
differences. cfr/ibr-locations.html. Transport Airplane Directorate, 1601
VerDate Aug<31>2005 16:51 Aug 27, 2007 Jkt 211001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\28AUR1.SGM 28AUR1
49174 Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Rules and Regulations
Lind Avenue, SW., Renton, Washington Conclusion because it addresses an unsafe condition
98057–3356; telephone (425) 227–1175; We reviewed the available data, that is likely to exist or develop on
fax (425) 227–1149. including the comment received, and products identified in this rulemaking
SUPPLEMENTARY INFORMATION: determined that air safety and the action.
public interest require adopting the AD Regulatory Findings
Discussion with the change described previously.
We determined that this change will not We determined that this AD will not
We issued a notice of proposed have federalism implications under
rulemaking (NPRM) to amend 14 CFR increase the economic burden on any
operator or increase the scope of the AD. Executive Order 13132. This AD will
part 39 to include an AD that would not have a substantial direct effect on
apply to the specified products. That Differences Between This AD and the the States, on the relationship between
NPRM was published in the Federal MCAI or Service Information the national government and the States,
Register on May 16, 2007 (72 FR 27491). or on the distribution of power and
We have reviewed the MCAI and
That NPRM proposed to correct an responsibilities among the various
related service information and, in
unsafe condition for the specified levels of government.
general, agree with their substance. But
products. The MCAI states: For the reasons discussed above, I
we might have found it necessary to use
It has been found cases in which the drain different words from those in the MCAI certify this AD:
mast of the water and waste system does not to ensure the AD is clear for U.S. 1. Is not a ‘‘significant regulatory
meet the SFAR–88 (Special Federal Aviation operators and is enforceable. In making action’’ under Executive Order 12866;
Regulation No. 88) requirements. In case of 2. Is not a ‘‘significant rule’’ under the
these changes, we do not intend to differ
fuel leakage or fuel vapor release, the DOT Regulatory Policies and Procedures
proximity of this mast with the fuel tank may substantively from the information
provided in the MCAI and related (44 FR 11034, February 26, 1979); and
cause fuel ignition, leading to a possible tank
explosion. service information. 3. Will not have a significant
We might also have required different economic impact, positive or negative,
The MCAI requires replacement of the actions in this AD from those in the on a substantial number of small entities
water and waste system drain masts by MCAI in order to follow our FAA under the criteria of the Regulatory
new ones bearing a new part number (P/ policies. Any such differences are Flexibility Act.
N). You may obtain further information highlighted in a NOTE within the AD. We prepared a regulatory evaluation
by examining the MCAI in the AD of the estimated costs to comply with
Costs of Compliance this AD and placed it in the AD docket.
docket.
We estimate that this AD will affect
Comments 41 products of U.S. registry. We also Examining the AD Docket
We gave the public the opportunity to estimate that it will take about 20 work- You may examine the AD docket on
participate in developing this AD. We hours per product to comply with the the Internet at http://dms.dot.gov; or in
considered the comment received. basic requirements of this AD. The person at the Docket Operations office
average labor rate is $80 per work-hour. between 9 a.m. and 5 p.m., Monday
Request To Revise Applicability Required parts will cost about $9,633 through Friday, except Federal holidays.
Statement per product. Where the service The AD docket contains the NPRM, the
information lists required parts costs regulatory evaluation, any comments
The airplane manufacturer,
that are covered under warranty, we received, and other information. The
EMBRAER, requests that we change the
have assumed that there will be no street address for the Docket Operations
proposed applicability statement from
charge for these parts. As we do not office (telephone (800) 647–5527) is in
‘‘This AD applies to EMBRAER Model
control warranty coverage for affected the ADDRESSES section. Comments will
EMB–135BJ airplanes, certificated in
parties, some parties may incur costs be available in the AD docket shortly
any category; except those that have
higher than estimated here. Based on after receipt.
previously accomplished EMBRAER
these figures, we estimate the cost of
Service Bulletin 145LEG–38–0015 or List of Subjects in 14 CFR Part 39
this AD to the U.S. operators to be
145LEG–38–0020’’ to ‘‘This AD applies
$460,553, or $11,233 per product. Air transportation, Aircraft, Aviation
to EMBRAER Model EMB–135BJ
safety, Incorporation by reference,
airplanes, certificated in any category as Authority for This Rulemaking
Safety.
listed in Embraer Service Bulletin Title 49 of the United States Code
145LEG–38–0013, original issue, dated specifies the FAA’s authority to issue Adoption of the Amendment
24/Mar/2006; except those that have rules on aviation safety. Subtitle I,
previously accomplished EMBRAER ■ Accordingly, under the authority
section 106, describes the authority of delegated to me by the Administrator,
Service Bulletin 145LEG–38–0015 or the FAA Administrator. ‘‘Subtitle VII:
145LEG–38–0020.’’ We infer that the the FAA amends 14 CFR part 39 as
Aviation Programs,’’ describes in more follows:
manufacturer wants us to restrict our detail the scope of the Agency’s
applicability statement to those authority. PART 39—AIRWORTHINESS
airplanes with an affected drain mast We are issuing this rulemaking under DIRECTIVES
installed. the authority described in ‘‘Subtitle VII,
We agree to revise the applicability Part A, Subpart III, Section 44701: ■ 1. The authority citation for part 39
statement of this AD. The service General requirements.’’ Under that continues to read as follows:
bulletin identifies only those airplanes section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701.
that have an affected drain mast promoting safe flight of civil aircraft in
installed. We have revised paragraph (c) air commerce by prescribing regulations § 39.13 [Amended]
of this AD to clarify which airplanes are for practices, methods, and procedures ■ 2. The FAA amends § 39.13 by adding
affected by this AD. We have the Administrator finds necessary for the following new AD:
coordinated this change with Agência safety in air commerce. This regulation 2007–17–10 Empresa Brasileira de
Nacional de Aviação Civil (ANAC). is within the scope of that authority Aeronautica S.A. (EMBRAER):
Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Rules and Regulations 49175
Amendment 39–15168. Docket No. The MCAI requires replacement of the water approve AMOCs for this AD, if requested
FAA–2007–28158; Directorate Identifier and waste system drain masts by new ones using the procedures found in 14 CFR 39.19.
2007–NM–018–AD. bearing a new part number (P/N). Send information to ATTN: Todd Thompson,
Actions and Compliance Aerospace Engineer, International Branch,
Effective Date
ANM–116, Transport Airplane Directorate,
(a) This airworthiness directive (AD) (f) Unless already done, do the following FAA, 1601 Lind Avenue, SW., Renton,
becomes effective October 2, 2007. actions. Washington 98057–3356; telephone (425)
(1) Within 5,000 flight hours or 4 years
Affected ADs 227–1175; fax (425) 227–1149. Before using
after the effective date of this AD, whichever
any approved AMOC on any airplane to
(b) None. occurs first, replace the water and waste
which the AMOC applies, notify your
system drain masts with P/N 9402.369.00674
Applicability by new ones bearing a P/N 9402.369.00675, appropriate principal inspector (PI) in the
(c) This AD applies to EMBRAER Model according to the detailed instructions and FAA Flight Standards District Office (FSDO),
EMB–135BJ airplanes, as identified in procedures described in EMBRAER Service or lacking a PI, your local FSDO.
EMBRAER Service Bulletin 145LEG–38– Bulletin 145LEG–38–0013, dated March 24, (2) Airworthy Product: For any requirement
0013, dated March 24, 2006, certificated in 2006. in this AD to obtain corrective actions from
any category; except those that have (2) The accomplishment of the detailed a manufacturer or other source, use these
previously accomplished EMBRAER Service instructions and procedures described in actions if they are FAA-approved. Corrective
Bulletin 145LEG–38–0015 or 145LEG–38– EMBRAER Service Bulletin 145LEG–38– actions are considered FAA-approved if they
0020. 0015, dated November 25, 2005; or 145LEG– are approved by the State of Design Authority
38–0020, dated February 3, 2006; are (or their delegated agent). You are required
Subject acceptable for compliance with the to assure the product is airworthy before it
(d) Air Transport Association (ATA) of requirements of this AD. is returned to service.
America Code 38: Water/Waste. (3) Reporting Requirements: For any
FAA AD Differences reporting requirement in this AD, under the
Reason
Note: This AD differs from the MCAI and/ provisions of the Paperwork Reduction Act,
(e) The mandatory continuing or service information as follows: No the Office of Management and Budget (OMB)
airworthiness information (MCAI) states: differences. has approved the information collection
It has been found cases in which the drain requirements and has assigned OMB Control
mast of the water and waste system does not Other FAA AD Provisions Number 2120–0056.
meet the SFAR–88 (Special Federal Aviation (g) The following provisions also apply to
Regulation No. 88) requirements. In case of Related Information
this AD:
fuel leakage or fuel vapor release, the (1) Alternative Methods of Compliance (h) Refer to MCAI Brazilian Airworthiness
proximity of this mast with the fuel tank may (AMOCs): The Manager, International Directive 2007–01–04, effective January 29,
cause fuel ignition, leading to a possible tank Branch, ANM–116, Transport Airplane 2007, and the service bulletins listed in Table
explosion. Directorate, FAA, has the authority to 1 of this AD, for related information.
TABLE 1.—SOURCES OF RELATED INFORMATION

Revision
EMBRAER Service Bulletin— Dated—
level—
145LEG–38–0005 .............................................................................................................................................. 02 ............ November 20, 2003.

145LEG–38–0013 .............................................................................................................................................. Original .... March 24, 2006.
145LEG–38–0015 .............................................................................................................................................. Original .... November 25, 2005.
145LEG–38–0020 .............................................................................................................................................. Original .... February 3, 2006.
Material Incorporated by Reference Issued in Renton, Washington, on August ACTION: Final rule.
(i) You must use EMBRAER Service 14, 2007.
Bulletin 145LEG–38–0013, dated March 24, Stephen P. Boyd, SUMMARY: We are adopting a new
2006; and EMBRAER Service Bulletin Acting Manager, Transport Airplane airworthiness directive (AD) for the
145LEG–38–0005, Revision 02, dated Directorate, Aircraft Certification Service. products listed above. This AD results
November 20, 2003; as applicable; to do the [FR Doc. E7–16427 Filed 8–27–07; 8:45 am] from mandatory continuing
actions required by this AD, unless the AD BILLING CODE 4910–13–P airworthiness information (MCAI)
specifies otherwise. originated by an aviation authority of
(1) The Director of the Federal Register another country to identify and correct
approved the incorporation by reference of DEPARTMENT OF TRANSPORTATION an unsafe condition on an aviation
this service information under 5 U.S.C. product. The MCAI describes the unsafe
552(a) and 1 CFR part 51. Federal Aviation Administration condition as:
(2) For service information identified in
this AD, contact Empresa Brasileira de [T]he FAA has published SFAR 88 (Special
14 CFR Part 39 Federal Aviation Regulation 88). * * *
Aeronautica S.A. (EMBRAER), P.O. Box
[Docket No. FAA–2007–28379; Directorate Under this regulation, all holders of type
343—CEP 12.225, Sao Jose dos Campos—SP,
Identifier 2007–NM–077–AD; Amendment certificates for passenger transport aircraft
Brazil.
39–15182; AD 2007–18–02] * * * are required to conduct a design
(3) You may review copies at the FAA, review against explosion risks.
Transport Airplane Directorate, 1601 Lind RIN 2120–AA64 This Airworthiness Directive (AD), which
Avenue, SW., Renton, Washington; or at the renders mandatory the modification of the
National Archives and Records Airworthiness Directives; Airbus Model fuel pump wiring against short circuit, is a
Administration (NARA). For information on A300 Series Airplanes consequence of this design review.
the availability of this material at NARA, call
(202) 741–6030, or go to: http:// AGENCY: Federal Aviation The unsafe condition is chafing of the
www.archives.gov/federal-register/cfr/ibr- Administration (FAA), Department of fuel pump cables, which could result in
locations.html. Transportation (DOT). short circuits leading to fuel pump

Rule: Airworthiness Directives: Empresa Brasileira de Aeronautica S.A. (EMBRAER)

Transféré par

Informations du document

Titre original

Copyright

Formats disponibles

Partager ce document

Partager ou intégrer le document

Options de partage

Avez-vous trouvé ce document utile ?

Ce contenu est-il inapproprié ?

Droits d'auteur :

Formats disponibles

Rule: Airworthiness Directives: Empresa Brasileira de Aeronautica S.A. (EMBRAER)

Transféré par

Droits d'auteur :

Formats disponibles

Federal Register / Vol. 72, No.

166 / Tuesday, August 28, 2007 / Rules and Regulations 49173

TABLE 1.—SOURCES OF RELATED INFORMATION

145LEG–38–0005 .............................................................................................................................................. 02 ............ November 20, 2003.

Vous aimerez peut-être aussi