AD Amdt-39-16071

[Federal Register Volume 74, Number 209 (Friday, October 30, 2009)]
[Rules and Regulations]
[Pages 56101-56104]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-26122]


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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.

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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).
* * * * *


[[Page 56102]]


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:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 
S[atilde]o Jose dos Campos--SP--BRASIL; telephone: +55 12 3927-5852 or 
+55 12 3309-0732; fax: +55 12 3927-7546; e-mail: 
<a href="/cdn-cgi/l/email-protection#d5b1bca6a1a7bcb795b0b8b7a7b4b0a7fbb6bab8fbb7a7"><span class="__cf_email__" data-cfemail="bbdfd2c8cfc9d2d9fbded6d9c9dadec995d8d4d695d9c9">[email&#160;protected]</span></a>; Internet: <a href="http://www.flyembraer.com">http://www.flyembraer.com</a>.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 
airworthiness limitations section, future maintenance actions on 
components must be done in accordance with those CDCCLs.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. For this 
reason, we are issuing this AD to revise AD 2008-04-18. This new AD 
retains the requirements of the existing AD, and adds a new note to 
clarify the intended effect of the AD on spare and on-airplane fuel 
tank system components. We have renumbered subsequent notes 
accordingly.

Explanation of Additional Change to AD

    AD 2008-04-18 allowed the use of later revisions of alternative 
inspections, inspection intervals, and CDCCLs, if they are part of a 
later revision of EMBRAER EMB-120 Brasilia Maintenance Review Board 
Report, MRB-HI-200, dated March 22, 2005. That provision has been 
removed from this AD. Allowing the use of ``a later revision'' of 
specific service documents violates Office of the Federal Register 
policies for approving materials that are incorporated by reference. 
Affected operators, however, may request approval to use a later 
revision of the referenced service documents as an alternative method 
of compliance, under the provisions of paragraph (g)(1) of this AD.

Differences Between the 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 FAA policies. Any such differences are 
highlighted in a Note within the AD.

Costs of Compliance

    This revision imposes no additional economic burden. The current 
costs for this AD are repeated for the convenience of affected 
operators, as follows:
    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.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and

[[Page 56103]]

makes no substantive change to the AD's requirements. For this reason, 
it is found that notice and opportunity for prior public comment for 
this action are unnecessary, and good cause exists for making this 
amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-1001; Directorate 
Identifier 2009-NM-166-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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.

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:

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 removing amendment 39-15390 (73 FR 
10655, February 28, 2008) and adding the following new AD:

2008-04-18 R1 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16071. Docket No. FAA-2009-1001; Directorate Identifier 
2009-NM-166-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
16, 2009.

Affected ADs

    (b) This AD revises AD 2008-04-18, Amendment 39-15390.

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)(1) 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 (ALS) of the Instructions for 
Continued Airworthiness to incorporate new limitations for fuel tank 
systems.

Restatement of AD 2008-04-18 With Changes to Compliance Method

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 1 month after April 3, 2008 (the effective date of AD 
2008-04-18), revise the 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) April 3, 2008.
    (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 April 3, 2008, 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

[[Page 56104]]

EMB-120 Brasilia MRBR, MRB-HI-200: The initial compliance time is 
within 4,000 flight hours or 48 months after April 3, 2008, 
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 approved as an alternative method of compliance in 
accordance with the procedures specified in paragraph (g)(1) of this 
AD.

New Information

Explanation of CDCCL Requirements

    Note 2:  Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the ALS, 
as required by paragraph (f) of this AD, do not need to be reworked 
in accordance with the CDCCLs. However, once the ALS has been 
revised, future maintenance actions on these components must be done 
in accordance with the CDCCLs.

FAA AD Differences

    Note 3:  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: 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. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (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, (44 
U.S.C. 3501 et seq.), 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; as applicable; to do 
the actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register previously approved the 
incorporation by reference of this service information on April 3, 
2008 (73 FR 10655, February 28, 2008).
    (2) 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 S[atilde]o Jose dos Campos--SP--Brasil; telephone: 
+55 12 3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail: 
<a href="/cdn-cgi/l/email-protection#aecac7dddadcc7cceecbc3ccdccfcbdc80cdc1c380ccdc"><span class="__cf_email__" data-cfemail="75111c0601071c1735101817071410075b161a185b1707">[email&#160;protected]</span></a>; Internet: <a href="http://www.flyembraer.com">http://www.flyembraer.com</a>.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference 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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on October 22, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-26122 Filed 10-29-09; 8:45 am]
BILLING CODE 4910-13-P