[Federal Register Volume 69, Number 124 (Tuesday, June 29, 2004)]
[Rules and Regulations]
[Pages 38823-38824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14569]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-65-AD; Amendment 39-13695; AD 2004-13-13]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-120 series airplanes, that 
requires 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: Effective August 3, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 3, 2004.

ADDRESSES: The service information referenced in this AD 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 Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or 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.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-120 
series airplanes was published in the Federal Register on April 6, 2004 
(69 FR 17989). That action required a one-time inspection of the access 
door ramp of the fueling control panel for damage or deformation, and 
applicable corrective actions.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments have been submitted on the 
proposed AD or on the determination of the cost to the public.

Conclusion

    After careful review of the available data, the FAA has determined 
that air safety and the public interest require the adoption of the 
rule as proposed.

Cost Impact

    The FAA estimates that 220 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 4 work hours per 
airplane to accomplish each required action, and that the average labor 
rate is $65 per work hour. Required parts will cost approximately $200 
per airplane. Based on these figures, the cost impact of the 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 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

[[Page 38824]]

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 adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-13-13 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-13695. 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 after 
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 
after 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.

Incorporation by Reference

    (d) The actions shall be done in accordance with EMBRAER Service 
Bulletin 120-57-0038, dated June 26, 2002. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. 
Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil. Copies may be 
inspected at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or 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.

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

Effective Date

    (e) This amendment becomes effective on August 3, 2004.

    Issued in Renton, Washington, on June 16, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-14569 Filed 6-28-04; 8:45 am]
BILLING CODE 4910-13-P