AD 2008-04-18 R1

AD Final Rules - 2008-04-18 R1.pdf
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AD Number:
2008-04-18 R1
Document Type:
AD Final Rules
Docket Number:
FAA-2009-1001
Subject Heading:
Airworthiness Directives; EMBRAER Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes
Subject:
Fuel
Status:
Current
Citation:
Federal Register: October 30, 2009 (Volume 74, Number 209)
Citation Publish Date:
10/30/2009
Effective Date:
11/16/2009
Make:
Embraer - Empresa Brasileira de Aeronautica S.A.
Model:
EMB-120 | EMB-120ER | EMB-120FC | EMB-120QC | EMB-120RT
Product Type:
Aircraft
Product Subtype:
Large Airplane
Affected AD:
Superseded AD:
2008-04-18
Affected By:
Superseded By:
Service/Office:
Office of Primary Responsibility:
CFR Part Reference:
Part 39
Comments:
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[Federal Register: October 30, 2009 (Volume 74, Number 209)]


[Rules and Regulations]


[Page 56101-56104]


From the Federal Register Online via GPO Access [wais.access.gpo.gov]


[DOCID:fr30oc09-3]


––––––––––––––––––––––––––––––––––


DEPARTMENT OF TRANSPORTATION


Federal Aviation Administration


14 CFR Part 39


[Docket No. FAA-2009-1001; Directorate Identifier 2009-NM-166-AD; Amendment 39-16071;


AD 2008-04-18 R1]


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; request for comments.


––––––––––––––––––––––––––––––––––


SUMMARY:
 
We are adopting a new airworthiness directive (AD) for the products listed above that


would revise an existing AD. 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. This AD requires actions that are intended to address


the unsafe condition described in the MCAI.


DATES:
 
This AD becomes effective November 16, 2009.


On April 3, 2008 (73 FR 10655, February 28, 2008), the Director of the Federal Register


approved the incorporation by reference of certain publications listed in the AD.


We must receive comments on this AD by December 14, 2009.


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.
2


•
 
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.


For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A.


(EMBRAER), Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170–Putim–


12227-901 São Jose dos Campos–SP–BRASIL; telephone: +55 12 3927-5852 or +55 12 3309-0732;


fax: +55 12 3927-7546; e-mail: distrib@embraer.com.br; Internet: http://www.flyembraer.com.


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 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:
 
Todd Thompson, Aerospace Engineer,


International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW.,


Renton, Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149.


SUPPLEMENTARY INFORMATION:


Discussion


On February 15, 2008, we issued AD 2008-04-18, Amendment 39-15390 (73 FR 10655,


February 28, 2008). That AD applied to all EMBRAER Model EMB-120, -120ER, -120FC, -120QC,


and -120RT airplanes. That AD required revising the Airworthiness Limitations Section of the


Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems.


Critical design configuration control limitations (CDCCLs) are limitation requirements to


preserve a critical ignition source prevention feature of the fuel tank system design that is necessary


to prevent the occurrence of an unsafe condition. The purpose of a CDCCL is to provide instruction


to retain the critical ignition source prevention feature during configuration change that may be


caused by alterations, repairs, or maintenance actions. A CDCCL is not a periodic inspection.


Since we issued that AD, we have determined that it is necessary to clarify the AD's intended


effect on spare and on-airplane fuel tank system components, regarding the use of maintenance


manuals and instructions for continued airworthiness.


Section 91.403(c) of the Federal Aviation Regulations (14 CFR 91.403(c)) specifies the


following:


No person may operate an aircraft for which a manufacturer's maintenance manual or


instructions for continued airworthiness has been issued that contains an airworthiness


limitation section unless the mandatory * * * procedures * * * have been complied with.


Some operators have questioned whether existing components affected by the new CDCCLs must be


reworked. We did not intend for the AD to retroactively require rework of components that had been


maintained using acceptable methods before the effective date of the AD. Owners and operators of


the affected airplanes therefore are not required to rework affected components identified as


airworthy or installed on the affected airplanes before the required revisions of the airworthiness


limitations section. But once the CDCCLs are incorporated into the