EFFECTIVE DATE
(a) This airworthiness directive (AD) becomes effective September 9, 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 Directive 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 Numero 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.
TABLE 1--INITIAL INSPECTIONS
__________________________________________________________________________
REFERENCE NUMBER DESCRIPTION COMPLIANCE TIME
(WHICHEVER OCCURS LATER)
THRESHOLD GRACE PERIOD
__________________________________________________________________________
28-11-00-720-001-A00 Functionally Check Before the Within 90
critical bonding accumulation days after
integrity of selected of 30,000 December 16,
conduits inside the total flight 2008
wing tank, Fuel Pump hours
and FQIS connectors
at tank wall by
conductivity
measurements
28-17-01-720-001-A00 Functionally Check Before the Within 90
critical bonding accumulation days after
integrity of Fuel of 30,000 December 16,
Pump, VFQIS and Low total flight 2008
Level SW connectors hours
at tank wall by
conductivity
measurements
28-21-01-220-001-A00 Inspect Electric Before the Within 90
Fuel Pump Connector accumulation days after
of 10,000 December 16,
total flight 2008
hours
28-23-03-220-001-A00 Inspect Pilot Valve Before the Within 90
harness inside the accumulation days after
conduit of 20,000 December 16,
total flight 2008
hours
28-23-04-220-001-A00 Inspect Vent Valve Before the Within 90
harness inside the accumulation days after
conduit of 20,000 December 16,
total flight 2008
hours
28-27-01-220-001-A00 Inspect Electric Before the Within 90
Fuel Transfer Pump accumulation days after
Connector of 10,000 December 16,
total flight 2008
hours
28-41-03-220-001-A00 Inspect FQIS Before the Within 90
harness for clamp accumulation days after
and wire jacket of 20,000 December 16,
integrity total flight 2008
hours
28-41-07-220-001-A00 Inspect VFQIS and Before the Within 90
Low Level SW accumulation days after
Harness for clamp of 20,000 December 16,
and wire jacket total flight 2008
integrity hours
__________________________________________________________________________
(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. FCUs on which Parker has
performed the initial tasks required by this paragraph before the
effective date of this AD, and which are marked with "Service Bulletin
367-934-28-110, Revision A" and the date of accomplishment, are in
compliance with the corresponding task required by this paragraph.
TABLE 2--INSPECTIONS
__________________________________________________________________________
TASK DESCRIPTION PART COMPLIANCE TIME REPETITIVE
NUMBER NUMBER (WHICHEVER OCCURS LATER) INTERVAL
THRESHOLD GRACE PERIOD (NOT TO
EXCEED)
__________________________________________________________________________
28-41-01- Perform an 367-934-001 Before the Within 90 10,000
720-001- initial accumulation days after flight
A01 functional of 10,000 the hours on
check as total flight effective the FCU
shown in hours on the date of since the
Testing and FCU this AD most
Fault recent
Isolation functional
sections 1, check
2, and 3;
an external
visual
inspection
as shown in
the Check
section 2;
an internal
visual
inspection
as shown in
the 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
Component
Maintenance
Manual (CMM)
28-41-36,
Revision 4,
dated March
13, 2009
28-41-01- Perform an 367-934-002 Before the Within 90 10,000
720-001- initial accumulation days after flight
A01 functional of 10,000 the hours on
check as total flight effective the FCU
shown in hours on the date of since the
Testing and FCU this AD most
Fault recent
Isolation functional
sections 1, check
2, 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
FCU, in
accordance
with Parker
CMM 28-41-69,
Revision 2,
dated March
13, 2009
28-41-04- Perform an 367-934-005 Before the Within 90 10,000
720-001- initial accumulation days after flight
A01 functional of 10,000 the hours on
check as total flight effective the VFCU
shown in hours on the date of since the
Testing and VFCU this AD most
Fault recent
Isolation functional
sections 1, check
2, 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 28-41-80,
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) The applicability of Brazilian AD 2009-08-03, effective August 20,
2009, 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.
(2) 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 MRB
-145/1150, Revision 11, dated September 19, 2007; and the Parker CMMs
listed in Table 2 of this AD; for related information.
MATERIAL INCORPORATED BY REFERENCE
(j) You must use the applicable service information contained in Table 3
of this AD to do the actions required by this AD, unless the AD
specifies otherwise. (Parker Component Maintenance Manual 28-41-36,
Revision 4, dated March 13, 2009, contains an incorrect date on page
105; the correct date is March 13, 2009.) (Parker Component
Maintenance Manual 28-41-69, Revision 2, dated March 13, 2009,
contains the following errors: Page 105 contains an incorrect date;
the correct date is March 13, 2009; and there are 3 pages identified
with the same page number (i.e., LEP-2); the first page identified as
LEP-2 (i.e., Sheet 1 of 2) should be identified as LEP-1 and the third
page identified as LEP-2 (i.e., the blank page) should be identified
as LEP-3.)
TABLE 3--ALL MATERIAL INCORPORATED BY REFERENCE
______________________________________________________________________
DOCUMENT REVISION DATE
______________________________________________________________________
Sections A2.5.2, Fuel System 11 September 19, 2007
Limitation Items, and A2.4,
Critical Design Configuration
Control Limitation (CDCCL),
of Appendix 2 of EMBRAER
EMB135/ERJ140/EMB145
Maintenance Review Board
Report MRB-145/1150
Parker Component Maintenance 4 March 13, 2009
Manual 28-41-36
Parker Component Maintenance 2 March 13, 2009
Manual 28-41-69
Parker Component Maintenance Original April 3, 2009
Manual 28-41-80
______________________________________________________________________
(1) The Director of the Federal Register approved the incorporation by
reference of the service information contained in Table 4 of this AD
under 5 U.S.C. 552(a) and 1 CFR part 51.
TABLE 4--NEW MATERIAL INCORPORATED BY REFERENCE
______________________________________________________________________
DOCUMENT REVISION DATE
______________________________________________________________________
Parker Component Maintenance 4 March 13, 2009
Manual 28-41-36
Parker Component Maintenance 2 March 13, 2009
Manual 28-41-69
Parker Component Maintenance Original April 3, 2009
Manual 28-41-80
______________________________________________________________________
(2) The Director of the Federal Register previously approved the
incorporation by reference of 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 MRB-145/1150, Revision 11, dated September 19,
2007, on July 30, 2008 (73 FR 35904, June 25, 2008).
(3) For EMBRAER service information identified in this AD, contact Empresa
Brasileira de Aeronautica S.A. (EMBRAER), Technical Publications
Section (PC 060), Av. Brigadeiro Faria Lima, 2170-Putim-12227-901
Sao 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. For Parker service information
identified in this AD, contact Parker Hannifin Corporation, Aerospace
Group, Electronic Systems Division, 300 Marcus Boulevard, Smithtown,
New York 11787; telephone 631-231-3737; e-mail
csoengineering@parker.com; Internet: http://www.parker.com.
(4) You may review copies of the 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.
(5) You may also review copies of the service information that is
incorporated by reference 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/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington on July 16, 2010. Ali Bahrami, Manager,
Transport Airplane Directorate, Aircraft Certification Service.
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.
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AGENCY: Federal Aviation Administration
(FAA), Department of Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are superseding an existing airworthiness directive
(AD) for the products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an airworthiness 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 (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.
We are issuing this AD to require actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective September 9, 2010.
The Director of the Federal Register approved the incorporation by reference
of certain publications listed in this AD as of September 9, 2010.
On July 30, 2008 (73 FR 35904, June 25, 2008), the Director of the Federal
Register approved the incorporation by reference of a certain publication
listed in this AD.
DATES: This AD becomes effective September 9, 2010.
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: 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:
Discussion
We issued a supplemental notice of proposed rulemaking (NPRM) to amend
14 CFR part 39 to include an AD that would apply to the specified products.
That supplemental NPRM was published in the Federal Register on March
23, 2010 (75 FR 13689), and proposed to supersede AD 2008-13-14, Amendment
39-15577 (73 FR 35904, June 25, 2008). That NPRM proposed to require revision
of the airworthiness limitations section of the Instructions for Continued
Airworthiness to incorporate new limitations for fuel tank systems. 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 (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 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.
Comments
We gave the public the opportunity to participate in developing this AD.
We considered the comments received.
Request To Allow Service Bulletin for Compliance
ExpressJet Airlines and EMBRAER request that we revise the supplemental
NPRM to consider Parker Service Bulletin 367-934-28-110, Revision A, dated
December 19, 2006, as documentation for past compliance with the inspections
and functional checks of the safe-life features.
ExpressJet reports that, since early 2007, Parker has been referencing
this service bulletin (by marking the inspected units with the service
bulletin number and date of accomplishment) to show compliance with these
inspections.
EMBRAER notes that the fuel conditioning unit (FCU) and the ventral fuel
conditioning unit (VFCU) are manufactured by Parker. To clarify which
checks and inspections are to be performed on the FCU and VFCU, and ensure
that the safe-life features are maintained, Parker has published Component
Maintenance Manuals (CMMs) 28-41-36, Revision 4, dated March 13, 2009;
28-41-69, Revision 2, dated March 13, 2009; and 28-41-80, dated April
3, 2009. Parker also issued Test Manual (TM) 4213-025, "Identicallity
of Testing Performed--EMB-145 FCU CMM 28-41- XX/Service Bulletin 367-934-28-110
for EMB-145 FAMILY--Fuel Conditioning Units,'' Revision A, dated October
13, 2009. EMBRAER states that the purpose of the TM is to describe the
identicality of the testing performed on EMB-145 FCUs returned under the
current service bulletin to the CMMs. The TM substantiates that all CUs
already in compliance with the 10,000-flight-hour inspection in accordance
with Parker Service Bulletin 367-934-28-110 have had the equivalent inspection
to the safe-life testing required in the CMMs. EMBRAER reports that, when
an FCU is returned to the field after having the service bulletin incorporated,
the unit is returned to the customer with an FAA 8130-3 tag indicating
that Parker Service Bulletin 367-934-28-110 was accomplished, and the
FCU is also marked accordingly.
We agree with the request and the commenters' rationale. We have added
a provision to this AD to consider FCUs inspected by Parker and marked
with the service bulletin number and the date of accomplishment to be
in compliance with the requirements of paragraph (g)(1) of this AD.
Conclusion
We reviewed the available data, including the comments received, and determined
that air safety and the public interest require adopting the AD with the
changes described previously. We 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 a U.S. court of law. 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
described in a separate paragraph of the AD. These requirements, if any,
take precedence over the actions copied from the MCAI.
Costs of Compliance
Based on the service information, we estimate that this AD affects about
41 products of U.S. registry.
The actions that are required by AD 2008-13-14 and retained in this 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 takes about 1 work-hour per product to comply with
the new basic requirements of this AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the 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 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.
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.
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:
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