[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Proposed Rules]
[Pages 58507-58509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23666]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1005; Directorate Identifier 2008-NM-119-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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 was found one occurrence of a fuel booster pump circuit 
br[e]aker opening during an engine maintenance servicing. An 
inspection inside the fuel tank revealed the fuel booster pump[']s 
electrical harness chafing against its body, causing the loss of the 
electrical wiring protection and resulting in a short circuit. 
Further in-tank inspections have showed other fuel booster pump 
electrical harnesses chafing either with the pump body and/or with 
adjacent fuel lines, causing damage to the harness protective layers 
and resulting * * * [in a] possible ignition source inside the fuel 
tank.

* * * * *
    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by November 6, 
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 this proposed AD, 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.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1405; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-1005; 
Directorate Identifier 2008-NM-119-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2008-05-01, effective June 13, 2008 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    It was found one occurrence of a fuel booster pump circuit 
br[e]aker opening during an engine maintenance servicing. An 
inspection inside the fuel tank revealed the fuel booster pump[']s 
electrical harness

[[Page 58508]]

chafing against its body, causing the loss of the electrical wiring 
protection and resulting in a short circuit. Further in-tank 
inspections have showed other fuel booster pump electrical harnesses 
chafing either with the pump body and/or with adjacent fuel lines, 
causing damage to the harness protective layers and resulting * * * 
[in a] possible ignition source inside the fuel tank.

* * * * *
    The corrective actions include revising the Limitations section of 
the airplane flight manual to include a minimum fuel quantity, adding a 
minimum fuel quantity limitation for operation of the fuel booster 
pump, inspecting the fuel booster pump electrical harness of the left- 
and right-hand fuel tanks for damage, replacing any fuel booster pump 
having a damaged electrical harness, installing clamps on the tank 
structure, and installing tie down straps for the fuel booster pump 
electrical harness. You may obtain further information by examining the 
MCAI in the AD docket.

Relevant Service Information

    EMBRAER has issued Service Bulletin 120-28-0016, dated January 9, 
2008. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 110 products of U.S. registry. We also estimate that 
it would take about 8 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $269 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these costs. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $99,990, or $909 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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify this proposed 
regulation:
    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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2008-1005; Directorate Identifier 2008-NM-119-AD.

Comments Due Date

    (a) We must receive comments by November 6, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-120, -120ER, -120FC, -
120QC, and -120RT airplanes, certificated in any category, serial 
numbers 120001 to 120359.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    ``It was found one occurrence of a fuel booster pump circuit 
br[e]aker opening during an engine maintenance servicing. An 
inspection inside the fuel tank revealed the fuel booster pump[']s 
electrical harness chafing against its body, causing the loss of the 
electrical wiring protection and resulting in a short circuit. 
Further in-tank inspections have showed other fuel booster pump 
electrical harnesses chafing either with the pump body and/or with 
adjacent fuel lines, causing damage to the harness protective layers 
and resulting * * * [in a] possible ignition source inside the fuel 
tank.''
* * * * *
    The corrective actions include revising the Limitations section 
of the airplane flight manual (AFM) to include a minimum fuel

[[Page 58509]]

quantity, adding a minimum fuel quantity limitation for operation of 
the fuel booster pump, inspecting the fuel booster pump electrical 
harness of the left- and right-hand fuel tanks for damage, replacing 
any fuel booster pump having a damaged electrical harness, 
installing clamps on the tank structure, and installing tie down 
straps for the fuel booster pump electrical harness.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 30 days after the effective date of this AD, insert 
in the Limitations section of the AFM a copy of this AD or the 
following statement:

    ``The minimum fuel quantity inside each tank must be 300 kg (662 
pounds) or 370 liters (97.75 gallons).''

    (2) As of the effective date of this AD, any fuel tank defueling 
or other maintenance action which demands use of the fuel booster 
pumps is limited to a minimum fuel quantity of no less than 300 
kilograms (662 pounds) or 370 liters (97.75 gallons) inside the 
respective tank.
    (3) Within 4,000 flight hours, or 24 months, or at the next 
scheduled or unscheduled fuel tank opening after the effective date 
of this AD, whichever occurs first, do the following actions:
    (i) Inspect the fuel booster pump electrical harness of the 
left- and right-hand fuel tanks for damage on its external 
protection, in accordance with paragraph 3.F. (Part I) of the 
Accomplishment Instructions of EMBRAER Service Bulletin 120-28-0016, 
dated January 9, 2008. If any damaged fuel booster pump electrical 
harness is found, before further flight, replace the affected fuel 
booster pump with another fuel booster pump bearing the same part 
number, in accordance with EMBRAER Service Bulletin 120-28-0016, 
dated January 9, 2008.
    (ii) Install clamps and tie down straps on the tank structure 
and attach each fuel booster pump electrical harness to the left- 
and right-hand fuel tanks to avoid eventual chafing against the pump 
body, adjacent fuel lines, structure or any other part, and to 
prevent damage to the harness protective layers, in accordance with 
paragraph 3.G. (Part II) of the Accomplishment Instructions of 
EMBRAER Service Bulletin 120-28-0016, dated January 9, 2008.
    (4) After complying with the actions in paragraphs (f)(3)(i) and 
(f)(3)(ii) of this AD, the limitations imposed by paragraphs (f)(1) 
and (f)(2) of this AD are no longer required, and the AFM revision 
required by paragraph (f)(1) of this AD may be removed from the AFM.

FAA AD Differences

    Note: 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: 
Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1405; 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 2008-05-01, 
effective June 13, 2008; and EMBRAER Service Bulletin 120-28-0016, 
dated January 9, 2008; for related information.

    Issued in Renton, Washington, on September 29, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-23666 Filed 10-6-08; 8:45 am]
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