[Federal Register Volume 69, Number 66 (Tuesday, April 6, 2004)]
[Proposed Rules]
[Pages 17989-17991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7711]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-65-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-120 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-120 
series airplanes. This proposal would require a one-time inspection of 
the access door ramp of the fueling control panel for damage or 
deformation, and applicable corrective actions. This action is 
necessary to prevent inadvertent fuel transfer in flight due to fuel 
service personnel not repositioning the defuel valve switch control to 
the closed position after utilization on the ground, which could cause 
in-flight fuel starvation. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by May 6, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-65-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using

[[Page 17990]]

the following address: [email protected]. Comments sent via fax 
or the Internet must contain ``Docket No. 2003-NM-65-AD'' in the 
subject line and need not be submitted in triplicate. Comments sent via 
the Internet as attached electronic files must be formatted in 
Microsoft Word 97 or 2000 or ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. 
Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil. This information 
may be examined at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer; 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, 
discuss a request to change the compliance time and a request to change 
the service bulletin reference as two separate issues.
     For each issue, state what specific change to 
the proposed AD is being requested.
     Include justification (e.g., reasons or data) 
for each request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2003-NM-65-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2003-NM-65-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Departamento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified the FAA that an unsafe condition may 
exist on certain EMBRAER Model EMB-120 series airplanes. The DAC 
advises that it has received reports of inadvertent fuel transfer in 
flight. Investigation revealed that damage to the ramp on the access 
door of the fueling control panel may occur if the access door is 
closed with the defuel valve switch control set to the open position. 
This condition, if not corrected, could result in inadvertent fuel 
transfer in flight due to fuel service personnel not repositioning the 
defuel valve switch control to the closed position after utilization of 
the switch control on the ground, which could cause in-flight fuel 
starvation.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 120-57-0038, dated June 26, 
2002, which describes procedures for a one-time inspection of the 
access door ramp of the fueling control panel for damage or 
deformation; and applicable corrective actions. The corrective actions 
include reinforcement of the access door, and replacement of any 
damaged ramp with a new ramp; as well as modification of the access 
door by installation of a ramp in cases where no ramp is present. 
Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition. The DAC 
classified this service bulletin as mandatory and issued Brazilian 
airworthiness directive 2002-12-02, effective January 6, 2003, to 
ensure the continued airworthiness of these airplanes in Brazil.

FAA's Conclusions

    This airplane model is manufactured in Brazil and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DAC has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
DAC, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
the actions specified in the service bulletin described previously.

Cost Impact

    The FAA estimates that 220 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 4 work 
hours per airplane to accomplish each proposed action, and that the 
average labor rate is $65 per work hour. Required parts would cost 
approximately $200 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be 
$101,200, or $460 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein would 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT

[[Page 17991]]

Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 2003-NM-65-
AD.

    Applicability: Model EMB-120 series airplanes, serial numbers 
120003, 120004, and 120006 through 120358 inclusive; certificated in 
any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent inadvertent fuel transfer in flight due to fuel 
service personnel not repositioning the defuel valve switch control 
to the closed position after utilization on the ground, which could 
cause in-flight fuel starvation, accomplish the following:

Inspection of Existing Ramp and Corrective Actions

    (a) For airplanes that have a ramp on the access door of the 
fueling control panel: Within 1,200 flight hours or 8 months from 
the effective date of this AD, whichever occurs first, perform a 
general visual inspection of the access door ramp for damage or 
deformation; and do all applicable corrective actions by 
accomplishing all the actions in accordance with paragraph 2.2.3 of 
the Accomplishment Instructions of EMBRAER Service Bulletin 120-57-
0038, dated June 26, 2002. Do the actions per the service bulletin. 
Accomplish any applicable corrective actions before further flight.


    Note 1: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Modification

    (b) For airplanes that do not have a ramp on the access door of 
the fueling control panel: Within 1,200 flight hours or 8 months 
from the effective date of this AD, whichever occurs first, modify 
the access door by accomplishing all the actions in paragraph 2.1.3 
of the Accomplishment Instructions of EMBRAER Service Bulletin 120-
57-0038, dated June 26, 2002. Do the actions per the service 
bulletin. Accomplish any applicable corrective actions before 
further flight.

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized 
to approve alternative methods of compliance for this AD.

    Note 2: The subject of this AD is addressed in Brazilian 
airworthiness directive 2002-12-02, effective January 6, 2003.


    Issued in Renton, Washington, on March 30, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-7711 Filed 4-5-04; 8:45 am]
BILLING CODE 4910-13-P