[Federal Register: February 28, 2008 (Volume 73, Number 40)]
[Rules and Regulations]
[Page 10655-10658]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe08-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0075; Directorate Identifier 2007-NM-171-AD;
Amendment 39-15390; AD 2008-04-18]
RIN 2120-AA64
Airworthiness Directives; EMBRAER Model EMB-120, -120ER, -120FC,
-120QC, and -120RT Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
It has been found that former revisions of the Maintenance
Review Board Report (MRBR) of the EMB-120( ) aircraft do not fully
comply with some Critical Design Configuration Control Limitations
(CDCCL) and Fuel System Limitations (FSL). These limitations are
necessary to preclude ignition sources in the fuel system, as
required by RBHA-E88/SFAR-88 (Special Federal Aviation Regulation
No. 88).
* * * * *
The potential of ignition sources, in combination with flammable
fuel vapors, could result in fuel tank explosions and consequent loss
of the airplane. We are issuing this AD to require actions to correct
the unsafe condition on these products.
[[Page 10656]]
DATES: This AD becomes effective April 3, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 3,
2008.
ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 23, 2007 (72
FR 59967). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
It has been found that former revisions of the Maintenance
Review Board Report (MRBR) of the EMB-120( ) aircraft do not fully
comply with some Critical Design Configuration Control Limitations
(CDCCL) and Fuel System Limitations (FSL). These limitations are
necessary to preclude ignition sources in the fuel system, as
required by RBHA-E88/SFAR-88 (Special Federal Aviation Regulation
No. 88).
Since this condition affects flight safety, a corrective action
is required. Thus, sufficient reason exists to request compliance
with this AD in the indicated time limit.
The potential of ignition sources, in combination with flammable fuel
vapors, could result in fuel tank explosions and consequent loss of the
airplane. The corrective action is revising the Airworthiness
Limitations Section of the Instructions for Continued Airworthiness 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 received no comments on the NPRM or on the determination of
the cost to the public.
Changes to This AD
For standardization purposes, we have revised this AD in the
following ways:
We revised the language in Note 1 of this AD to correspond
to the language contained in the same note in similar ADs.
We revised paragraph (f)(4) of this AD to specify that no
alternative inspections, inspection intervals, or CDCCLs may be used
unless they are part of a later approved revision of certain documents
specified in this AD, or unless they are approved as an alternative
method of compliance (AMOC). Inclusion of this paragraph in the AD is
intended to ensure that the AD-mandated airworthiness limitations
changes are treated the same as the airworthiness limitations issued
with the original type certificate.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect about 109 products of U.S.
registry. We also estimate that it will take about 1 work-hour per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $8,720, or $80 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 this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
[[Page 10657]]
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2008-04-18 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15390. Docket No. FAA-2007-0075; Directorate Identifier
2007-NM-171-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective April 3,
2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model EMB-120, -120ER, -
120FC, -120QC, and -120RT airplanes; certificated in any category.
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 (g) 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)
states:
It has been found that former revisions of the Maintenance
Review Board Report (MRBR) of the EMB-120( ) aircraft do not fully
comply with some Critical Design Configuration Control Limitations
(CDCCL) and Fuel System Limitations (FSL). These limitations are
necessary to preclude ignition sources in the fuel system, as
required by RBHA-E88/SFAR-88 (Special Federal Aviation Regulation
No. 88).
Since this condition affects flight safety, a corrective action
is required. Thus, sufficient reason exists to request compliance
with this AD in the indicated time limit.
The potential of ignition sources, in combination with flammable
fuel vapors, could result in fuel tank explosions and consequent
loss of the airplane. The corrective action is revising the
Airworthiness Limitations Section of the Instructions for Continued
Airworthiness to incorporate new limitations for fuel tank systems.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 1 month after the effective date of this AD, revise
the Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness to incorporate Tasks 15 to 18 of Section 6--
``Part E--Fuel System Limitations,'' EMBRAER Temporary Revision No.
22-1, dated November 18, 2005, of the EMBRAER EMB-120 Brasilia
Maintenance Review Board Report (MRBR), MRB-HI-200. For all tasks
identified in the MRBR, the initial compliance times start from the
later of the times specified in paragraphs (f)(1)(i) and (f)(1)(ii)
of this AD, and the repetitive inspections must be accomplished
thereafter at the interval specified in the MRBR, except as provided
by paragraphs (f)(3) and (g)(1) of this AD.
(i) The effective date of this AD.
(ii) The date of issuance of the original Brazilian standard
airworthiness certificate or the date of issuance of the original
Brazilian export certificate of airworthiness.
(2) Within 1 month after the effective date of this AD, revise
the ALS of the Instructions for Continued Airworthiness to
incorporate the CDCCLs to include items (1) and (2), dated March 22,
2005, of Section 6--``Part D--Critical Design Configuration Control
Limitation,'' of the EMBRAER EMB-120 Brasilia MRBR, MRB-HI-200.
(3) For the functional checks and detailed visual inspections,
Tasks 15 to 18 of Section 6--``Part E--Fuel System Limitations,''
EMBRAER Temporary Revision No. 22-1, dated November 18, 2005, of the
EMBRAER EMB-120 Brasilia MRBR, MRB-HI-200: The initial compliance
time is within 4,000 flight hours or 48 months after the effective
date of this AD, whichever occurs first. Thereafter those tasks must
be accomplished at the repetitive interval specified in Section 6--
``Part E--Fuel System Limitations,'' EMBRAER Temporary Revision No.
22-1, dated November 18, 2005, of the EMBRAER EMB-120 Brasilia MRBR,
MRB-HI-200.
(4) 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 part of a later revision of EMBRAER EMB-120 Brasilia
MRBR, MRB-HI-200, dated March 22, 2005, that is approved by the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA, or the Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) (or its delegated agent); or
unless the inspections, intervals, or CDCCLs are approved as an
alternative method of compliance in accordance with the procedures
specified in paragraph (g)(1) of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Dan
Rodina, Aerospace Engineer, International Branch, ANM-116, FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-2125; fax (425) 227-1149.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
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, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) Refer to MCAI Brazilian Airworthiness Directive 2007-05-02,
effective June 6, 2007; EMBRAER Temporary Revision No. 22-1, dated
November 18, 2005, of the EMBRAER EMB-120 Brasilia MRBR, MRB-HI-200;
and Section 6--``Part D--Critical Design Configuration Control
Limitation,'' of the EMBRAER EMB-120 Brasilia MRBR, MRB-HI-200; for
related information.
Material Incorporated by Reference
(i) You must use EMBRAER Temporary Revision No. 22-1, dated
November 18, 2005, of the EMBRAER EMB-120 Brasilia Maintenance
Review Board Report, MRB-HI-200; and pages 6.III.1 and 6.III.2,
dated March 22, 2005, of Section 6--``Part D--Critical Design
Configuration Control Limitation,'' of the EMBRAER EMB-120 Brasilia
Maintenance Review Board Report, MRB-HI-200; to do the actions
required by this AD, unless the AD specifies otherwise. EMBRAER EMB-
120 Brasilia Maintenance Review Board Report, MRB-HI-200, contains
the following effective pages:
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Page No. Date shown on page
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List of Effective Pages:
Pages III-VII........................... December 1, 2006.
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(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP
12.225, Sao Jose dos Campos--SP, Brazil.
(3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
[[Page 10658]]
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call (202) 741-6030,
or go to: http://www.archives.gov/federal-register/cfr/ibr-
locations.html.
Issued in Renton, Washington, on February 15, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-3399 Filed 2-27-08; 8:45 am]
BILLING CODE 4910-13-P