AD/EMB-145/9 - Ventral Fuel Tank Refuelling Line

The directive is built around four core concepts that determine applicability, action, timing and source-authority:

1. Applicability by serial number. The AD applies only to EMB-145XR model aircraft with the serial numbers listed in Table 1 (the AD's "Applicability" paragraph and Table 1 provide the specific list of serial numbers). That list is the gatekeeper: if an aeroplane’s serial number is not in Table 1, the AD text as published does not apply to it.

2. Specific modification mandated. The technical requirement is narrowly framed: "install a bonding jumper between the pilot valve line tube and the pressure refuelling system tube," completed after removing ventral fuel tank access panel 196FR, "as described in the Embraer Service Bulletin 145-28-0026, original issue, or further revisions approved by the Brazilian Agência Nacional de Aviação Civil (ANAC)" (Requirement). The AD therefore prescribes both the mechanical connection to be made and the exact access point to be used.

3. Compliance timing tied to historic TIS and ANAC AD effective date. The AD sets compliance windows in hours-in-service measured from the effective date of the ANAC AD (4 January 2007): aircraft with less than 5,000 hours TIS at that date must comply within 10,000 hours TIS; aircraft with more than 5,000 hours TIS at that date must comply within 5,000 hours TIS after that date (Compliance). The AD therefore requires operators to determine the aircraft’s TIS status at the ANAC AD effective date and calculate the remaining allowance in hours.

4. Use of OEM service information subject to foreign authority approval. The modifier procedure is the Embraer Service Bulletin 145-28-0026, original issue, but explicitly allows only "further revisions approved by the Brazilian ANAC." That ties acceptable procedures to the OEM bulletin and to ANAC’s approval of any subsequent revisions; CASA’s AD requires adherence to a standard that is validated by the State of Design regulator (ANAC), not CASA alone.

The AD’s stated safety driver is compliance with SFAR-88 requirements relating to protection of refuelling lines inside fuel tanks. The AD cites ANAC’s advice that the refuelling line was not SFAR-88-protected, and prescribes the bonding jumper as the corrective measure (Background). The AD’s mechanics therefore marry a mandatory operator duty (do the work) with reliance on an OEM document, and on ANAC as approver of later revisions of that OEM document.

The AD directly affects the following parties as identified or implied by the document:

• Australian operators of Embraer EMB-145XR airframes whose serial numbers are listed in Table 1. The AD’s "Applicability" text and Table 1 specify the serial numbers to which the directive applies; those operators are the primary obligated parties because the AD establishes the modification requirement and compliance times.

• Maintenance organisations, engineers and licensed aircraft maintainers engaged to perform the work. The action requires physical access to the ventral fuel tank via removal of access panel 196FR and installation of a bonding jumper as per Embraer Service Bulletin 145-28-0026. Those performing the procedure must have the capability and authority to carry out structural access and bonding installation tasks consistent with the SB.

• CASA as the enforcing regulator within Australia. The document is an AD issued by CASA and signed by its delegate; CASA determined the requirement and effective date (16 June 2008 issuance, effective 31 July 2008). The text does not set out enforcement mechanisms or penalties within the AD itself, but CASA is the issuer.

• ANAC (Brazilian Agência Nacional de Aviação Civil). ANAC’s role appears twice: it supplied the safety advice about SFAR-88 non-compliance (Background), and ANAC is the approving authority for any further revisions of the Embraer Service Bulletin that an operator might rely on (Requirement). The AD therefore intersects with the State of Design regulator as decision-maker for acceptable SB revisions.

• Embraer as the OEM producing Service Bulletin 145-28-0026. The AD requires use of that SB or subsequent ANAC-approved revisions; Embraer’s SB is the procedural standard operators must follow.

Those not listed in Table 1 are not covered by this AD text. The AD’s narrow serial-number applicability means other EMB-145 variants or different serial numbers are out of scope for this directive as published. The AD also refers to "unless previously accomplished", so operators who have already installed the bonding jumper in accordance with the SB or an approved method are exempt from rework under this AD, subject to verification (Requirement).

Duties established by the AD text

• Duty to modify: Operators of aircraft in Table 1 must "install a bonding jumper between the pilot valve line tube and the pressure refuelling system tube," after removing ventral fuel tank access panel 196FR, "as described in the Embraer Service Bulletin 145-28-0026, original issue, or further revisions approved by the Brazilian ANAC" (Requirement). The duty is framed as mandatory unless the action has been "previously accomplished."

• Duty to comply within the prescribed TIS windows: The modification must be completed "within the next 10,000 hours time in service (TIS) for aircraft with less than 5,000 hours TIS, or within the next 5,000 hours TIS for aircraft with more than 5,000 hours, TIS after 4 January 2007 (the effective date ANAC AD 2006-12-01)" (Compliance). Operators must therefore calculate the relevant compliance hour threshold using each aircraft’s TIS as measured after 4 January 2007.

• Duty to use the specified service information: The AD requires that the work be done "as described in the Embraer Service Bulletin 145-28-0026, original issue, or further revisions approved by the Brazilian ANAC" (Requirement). Only the original SB or ANAC-approved revisions are explicitly acceptable under the AD text.

Decision rights and interactions

• ANAC’s approval role: The AD makes ANAC the approval authority for any revisions to Embraer Service Bulletin 145-28-0026 that an operator proposes to follow (Requirement). That gives ANAC a gatekeeping function for alternative or updated procedures originating from the OEM.

• CASA’s issuance and effective date: CASA, through its delegate James Coyne, issued the AD (signed 16 June 2008) and set an effective date (31 July 2008). The issuance gives CASA the administrative power to require the modification in the Australian jurisdiction; the AD is the instrument by which CASA communicates the mandated duty to Australian operators.

Rights and qualifications implicit in the text

• Exemption for previously accomplished work: The AD states "Unless previously accomplished," which operates as a right for operators to avoid repeating work already completed if they can demonstrate it was performed in accordance with the Embraer SB or an approved method. The AD does not define the means of showing compliance; operators must rely on their maintenance records.

• Use of ANAC-approved SB revisions: Operators may rely on later revisions of the OEM SB only if ANAC has approved those revisions; this creates a route for updated methods while reserving approval authority to ANAC.

What the AD does not specify

• The AD does not specify who pays for the modification. The document requires the action but contains no cost allocation language; by common operational practice the operator normally bears maintenance costs, but that outcome is not stated in the AD itself.

• The AD does not detail enforcement mechanisms or penalties for non‑compliance within its text. The document provides the mandatory requirement and effective date but does not set out the enforcement steps or sanctions in the body of the AD.

The AD text itself does not set out penalties, fines or specific enforcement procedures. The directive provides the mandatory corrective action, applicability, compliance windows and procedural standard (Emb-145 SB 145-28-0026), but it contains no express provision within the AD document that describes penalties or the enforcement process for failure to comply.

What the AD does establish administratively

• Issuer: The AD is issued by the Civil Aviation Safety Authority (CASA) and signed by James Coyne, Delegate of CASA (16 June 2008). The AD’s effective date is stated as 31 July 2008. That identifies CASA (via its delegate) as the issuing authority; the AD communicates CASA’s determination that the action is required for the listed aircraft in Australia. The document therefore attaches the requirement to CASA’s AD mechanism, which in practice is the regulator’s means of requiring corrective action.

• Reference to ANAC: The AD relies on ANAC for approval of any future revisions to the Embraer Service Bulletin (Requirement). The AD also references ANAC AD 2006-12-01 and the ANAC effective date of 4 January 2007 (Compliance; Note). That inter-governmental reference establishes that ANAC had previously acted and is the approving authority for SB revisions, which has implications for acceptable methods.

Absence of enforcement detail in the published AD

• No fines, suspension or explicit enforcement steps in the text: The AD does not specify what CASA will do if an operator fails to comply by the applicable TIS deadline. The directive also does not describe notice, cure periods, grounding, or administrative penalties within the AD document itself.

Practical consequence for operators (documented in the AD)

• The AD’s compliance requirements are framed as mandatory directives to be met within hour-based windows. While the AD text does not itself state enforcement measures, the existence of the AD as a CASA-issued directive implies an expectation that operators will comply with the stated modification and timing. Any further action (compliance notices, enforcement, penalties) is not documented in the AD and would arise from CASA's broader regulatory framework or enforcement practice, which is outside the text of the AD.

Readers should therefore treat the AD as setting the operative technical and timing obligations and consult CASA for any enforcement-related questions, since the AD does not record sanctions or the procedural enforcement steps.

The AD explicitly cross-references other regulatory instruments and standards, thereby creating a networked regulatory effect:

• SFAR-88: The AD states that ANAC advised the refuelling line inside the ventral fuel tank "is not protected in accordance with SFAR-88 requirements" (Background). SFAR-88 is therefore identified as the normative safety standard that the AD is intended to address. The AD’s corrective measure , installation of the bonding jumper , is framed as restoring or effecting compliance with SFAR-88-derived protections for refuelling lines inside fuel tanks. The AD thus operationalises, for the listed aircraft, a remedial action directed at SFAR-88 compliance as identified by ANAC.

• ANAC AD 2006-12-01 and ANAC approvals: The AD refers to "ANAC AD 2006-12-01" and specifies that the Embraer Service Bulletin 145-28-0026 original issue or "further revisions approved by the Brazilian Agência Nacional de Aviação Civil (ANAC)" are the allowable service documents for performing the required work (Requirement; Note). The AD further uses the ANAC AD effective date of 4 January 2007 as the anchor point for calculating compliance hours (Compliance). That creates direct interaction: CASA’s AD imports ANAC’s prior action and makes ANAC the approval authority for SB revisions that CASA will accept. In effect, CASAs AD defers to the State of Design (Brazil) for procedural revision approvals.

• CASA administrative framework: The AD is an instrument issued by CASA; it uses CASA’s administrative power to require the modification for listed Australian-registered aircraft. The AD document itself does not set out CASA’s enforcement mechanisms or reference specific Civil Aviation Regulations; those connections are implied but not enumerated in the text. The interaction is therefore between CASA’s AD mechanism on the one hand, and ANAC’s technical assessment and approval role on the other.

Limits on interaction described in the AD text

• The AD does not incorporate broader aviation safety regulations or penalties by reference; it is a focused directive anchored to a manufacturer's service bulletin and an ANAC AD. It does not purport to amend, override or restate general civil aviation law. The AD’s scope in the text is to require the particular modification and to define the acceptable service data and compliance timing.

Consequences of cross-jurisdictional references

• By requiring use of SB revisions only if approved by ANAC, CASA’s AD imposes a procedural dependency on a foreign regulator. That means an operator seeking to rely on a later SB revision must ensure ANAC approval for that revision to remain within the scope of CASA’s AD. The AD therefore establishes inter-regulatory deference rather than setting an independent CASA technical standard that could be satisfied by non‑ANAC-approved alternatives.

In summary, the AD interacts with SFAR-88 (as the safety standard identified), with ANAC AD 2006-12-01 (as the antecedent action and time anchor), with ANAC approval authority for SB revisions, and with CASA’s AD mechanism as the instrument requiring the remedial work for Australian-registered aircraft with the serial numbers listed.

The AD text and header provide the following history points and identifiers:

• AD identifier: AD/EMB-145/9 (referred to as AD/EMB-145/9 8/2008 in the document header).

• Issuance date and signatory: The AD was signed by James Coyne, Delegate of the Civil Aviation Safety Authority, on 16 June 2008 (signature block).

• Effective date: "This Airworthiness Directive becomes effective on 31 July 2008" (Compliance/closing paragraph).

• Precedent ANAC action referenced: The AD indicates that ANAC AD 2006-12-01 is related and identifies the effective date of that ANAC AD as 4 January 2007; the AD uses that date as the anchor for calculation of compliance hours ("TIS after 4 January 2007 (the effective date ANAC AD 2006-12-01)").

• Service Bulletin reference: The procedural standard is Embraer Service Bulletin 145-28-0026, original issue. The AD allows "further revisions approved by the Brazilian ANAC."

• No subsequent amendments recorded in the AD text: The published AD does not list any amendments, supersessions or follow-up CASA ADs in the document supplied. The AD itself allows for later revisions to the Embraer Service Bulletin but requires ANAC approval for those revisions; it does not document later CASA amendments to this AD within the text provided.

• Note on scope: The AD includes a "Note: ANAC AD 2006-12-01 refers." That note links back to the earlier ANAC AD but does not itself record an amendment history beyond cross-reference.

If users require an authoritative change log beyond what appears in this AD text, they should consult CASA's AD records or the CASA registry, as this AD only contains the issuance and effective dates, the serial-number applicability list, and the reference to ANAC AD 2006-12-01. The AD text as supplied does not show any post-issue revisions or supersessions.

The AD text supplied contains no litigation history, case citations, or references to legal proceedings. It is an administrative airworthiness directive that records a safety finding by ANAC and CASA’s adoption of a corrective action for the listed aircraft. The document itself does not disclose any court challenges, appeals, or judicial review proceedings.

Because the AD is an administrative instrument issued on 16 June 2008 and effective 31 July 2008, any litigation that might have arisen would be external to and not recorded in this directive. The AD makes no reference to disputes, appeals, or enforcement litigation, and it does not identify any precedential legal decisions.

For a purchaser or legal adviser wanting to know whether this AD has been the subject of litigation, the AD text is silent and does not provide that information. The absence of litigation references in the AD does not prove that no challenges were ever made; it only means that the AD does not record or disclose litigation history. Users requiring confirmation of litigative events will need to search court and administrative records beyond the AD itself.

This AD contains multiple narrow drafting features and references that create traps for operators and maintenance planners unless they are carefully observed:

1. Applicability limited to serial numbers in Table 1. The AD applies strictly to the EMB-145XR serial numbers listed in Table 1. Operators must check each aeroplane’s manufacturer serial number against that list. Misidentifying the model variant or using a short-form tail number instead of the manufacturer serial number could lead to mistaken non‑compliance or unnecessary work.

2. "Unless previously accomplished" caveat. The AD excludes aircraft where the bonding jumper has already been installed, but it does not specify how "previously accomplished" installations must be evidenced. Operators should ensure maintenance records explicitly document the installation and that the installation conforms to Embraer SB 145-28-0026 or an ANAC‑approved method in order to rely on the caveat.

3. TIS calculation anchored to a historical date. The compliance windows are calculated from TIS "after 4 January 2007 (the effective date ANAC AD 2006-12-01)." Operators must determine the aircraft’s hours-in-service as measured on or after that date. Two potential mistakes are common here: (a) using current TIS rather than TIS after 4 January 2007 to determine which compliance band applies; and (b) miscalculating which band (less than 5,000 hours or more than 5,000 hours) applied to the aircraft at that reference point. The AD requires different compliance hour allowances depending on that historical TIS figure.

4. Differing compliance windows. The AD gives two possible windows: within the next 10,000 hours TIS for aircraft that had less than 5,000 hours TIS as of the ANAC AD effective date, and within the next 5,000 hours TIS for aircraft that had more than 5,000 hours TIS as of that date. Failure to correctly classify the aircraft will lead to an incorrect deadline.

5. Requirement to use Embraer SB or ANAC-approved revisions only. The AD accepts the Embraer Service Bulletin 145-28-0026 original issue and "further revisions approved by the Brazilian ANAC." That means an operator cannot, under the AD as written, rely on alternative procedures unless those later procedures have ANAC approval. Using an Embraer revision that lacks ANAC approval risks non‑conformance with the AD despite potentially being technically acceptable.

6. Access panel identification. The AD requires removal of ventral fuel tank access panel 196FR. Maintenance planners must be sure that panel numbering corresponds to the installation manual for the particular serial-numbered aircraft; mislocating the panel could lead to unnecessary access work or incorrect work packages.

7. Inter-jurisdictional approval. The AD delegates approval of SB revisions to ANAC, the Brazilian regulator. Operators seeking to adopt an updated SB should ensure ANAC has approved that revision; CASA’s AD text ties acceptable procedure status to ANAC’s approval, not to CASA’s independent acceptance.

8. Effective date vs. compliance hours. The AD’s effective date is 31 July 2008, but the compliance windows are defined relative to the ANAC AD effective date (4 January 2007). Operators must keep the difference between administrative effectiveness and the hours-based compliance windows in mind when scheduling work.

9. No enforcement specifics in the AD. The AD does not identify penalties or enforcement steps. Operators should not assume lack of enforcement; however, the AD does not itself document the enforcement pathway. This gap can complicate operational decisions about when to undertake costly shop visits.

10. Record-keeping expectation implicit. The AD relies on operators to demonstrate compliance or prior accomplishment, but it does not specify the documentary standard. Operators should therefore prepare detailed maintenance records identifying the SB edition used, ANAC approvals where relevant, serial numbers, TIS calculations using the 4 January 2007 anchor, and the work performed (panel removal and bonding jumper installation) to avoid disputes about compliance.

Operators and maintenance providers should treat these items as procedural requirements derived directly from the AD text and plan accordingly, rather than assuming any flexibility not stated in the directive.

This section sets out a practical, source‑grounded compliance checklist derived strictly from the AD text. Each step references the relevant element in the AD.

1. Confirm applicability.

   • Verify the aircraft model and manufacturer serial number against Table 1 in the AD ("Applicability: EMB-145XR model aircraft with serial numbers listed in Table 1"). If the serial number is not listed, the AD as published does not apply to that aeroplane.

2. Check whether the work has been "previously accomplished."

   • Examine the aircraft’s maintenance records for an entry documenting installation of a bonding jumper between the pilot valve line tube and the pressure refuelling system tube, completed after access panel 196FR removal, and done in accordance with Embraer Service Bulletin 145-28-0026 or an ANAC‑approved equivalent. If such documentation exists and the installation conforms to the SB or an ANAC-approved procedure, the aircraft is excluded by the AD’s "Unless previously accomplished" clause (Requirement).

3. Determine the correct compliance window using TIS as of 4 January 2007.

   • Calculate the aircraft’s hours-in-service as it stood on 4 January 2007 (the ANAC AD effective date referenced in the AD). If that TIS was less than 5,000 hours, the AD requires compliance "within the next 10,000 hours TIS." If that TIS was more than 5,000 hours, compliance must occur "within the next 5,000 hours TIS" (Compliance). Document the TIS calculation and how it yields the applicable deadline.

4. Obtain the required service procedure.

   • Use Embraer Service Bulletin 145-28-0026, original issue, as the operative procedure for the installation (Requirement). If you intend to use a later Embraer revision, confirm that the revision has been approved by ANAC, because the AD only accepts "further revisions approved by the Brazilian ANAC." Retain copies of the SB revision and ANAC approval documentation.

5. Prepare the maintenance work package.

   • The AD requires removal of "ventral fuel tank access panel 196FR" to access the installation area (Requirement). Plan for the access panel removal, ensure the maintenance facility has the capability to work in the ventral fuel tank area, and prepare tooling, bonding jumper parts, and any necessary safety procedures consistent with the SB.

6. Perform the installation in accordance with the SB.

   • Install the bonding jumper between the pilot valve line tube and the pressure refuelling system tube, following the steps, torque values, bonding specifications and any required inspections in Embraer SB 145-28-0026 (original issue) or an ANAC-approved revision. The AD does not permit substitute methods unless ANAC has approved them.

7. Record completion and verify compliance.

   • Make a maintenance entry recording the work performed, including: serial number, date, TIS at the time of work, reference to the SB edition used, any ANAC approval reference for SB revisions, and the signature of the certifying engineer or authorised person. Keep evidence that the work meets the AD standard, so that the "unless previously accomplished" exemption can be demonstrated in future.

8. Reconcile timing against the compliance window.

   • Ensure the performed work falls within the calculated compliance hours (either the 10,000‑hour or 5,000‑hour window measured from 4 January 2007). If the work will not be completed before the deadline for any aircraft, plan for a maintenance event to meet the AD’s hour-based deadline.

9. Liaise with ANAC and Embraer where appropriate.

   • If you intend to use a revised Embraer Service Bulletin, obtain written confirmation of ANAC approval for that revision and retain it in the maintenance file. If any technical deviation from the SB is proposed, do not assume CASA acceptance; the AD text ties acceptable revisions to ANAC approval.

10. Note the AD effective date.

    • The AD became effective on 31 July 2008. Although the compliance windows are based on TIS from 4 January 2007, the AD’s administrative force began on the stated effective date. Maintain records demonstrating that the modification was completed in accordance with the AD on or before the hour-based deadline.

11. Prepare for inspection or audit.

    • Given that the AD specifies a defined technical remedy and an OEM SB reference, be prepared to present maintenance records, SB revision references, ANAC approvals (if used), and TIS calculations during any CASA inspection or audit related to AD compliance. Although the AD itself does not state enforcement provisions, the maintenance documentation will be the evidentiary basis for demonstrating compliance.

Follow these steps strictly in the order indicated to ensure compliance with the AD’s textual requirements. Where the AD allows substitution (for example, later SB revisions), do not proceed without ANAC approval documents. If there is uncertainty as to whether a previously completed installation meets the AD’s requirements, obtain technical confirmation tied to the Embraer SB or an ANAC-approved process and document that confirmation in the aircraft’s maintenance records.