[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Rules and Regulations]
[Pages 10655-10658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3399]


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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