Airworthiness Directives; EMBRAER Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes, 59967-59969 [E7-20821]

Download as PDF Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Proposed Rules conveyance, other than an aircraft, for campaign-related travel, the candidate’s authorized committee shall pay the appropriate government entity an amount equal to the amount required under 11 CFR 100.93(d). * * * * * (v) For travel by aircraft, the committee shall maintain documentation as required by 11 CFR 100.93(j)(3) in addition to any other documentation required in this section. For travel by other conveyances, the committee shall maintain documentation of the commercial rental rate as required by 11 CFR 100.93(j)(4) in addition to any other documentation required in this section. * * * * * (8) Non-commercial travel, as defined in 11 CFR 100.93(a)(3)(v), on aircraft, and travel on other means of transportation not operated for commercial passenger service, is governed by 11 CFR 100.93. 9. The authority citation for part 9034 would continue to read as follows: Authority: 26 U.S.C. 9034 and 9039(b). 10. Section 9034.7 would be amended by revising paragraphs (b)(5) (i), (iii), and (v) and (b)(8) to read as follows: Allocation of travel expenditures. rfrederick on PROD1PC67 with PROPOSALS * * * * * (b) * * * (5)(i) If any individual, including a candidate, uses a government aircraft for campaign-related travel, the candidate’s authorized committee shall pay the appropriate government entity an amount not less than the applicable rate set forth in 11 CFR 100.93(e). * * * * * (iii) If any individual, including a candidate, uses a government conveyance, other than an aircraft, for campaign-related travel, the candidate’s authorized committee shall pay the appropriate government entity an amount equal to the amount required under 11 CFR 100.93(d). * * * * * (v) For travel by aircraft, the committee shall maintain documentation as required by 11 CFR 100.93(j)(3) in addition to any other documentation required in this section. For travel by other conveyances, the committee shall maintain documentation of the commercial rental rate as required by 11 CFR 100.93(j)(4) in addition to any other documentation required in this section. * * * * * VerDate Aug<31>2005 14:55 Oct 22, 2007 Jkt 214001 Dated: October 18, 2007. Robert D. Lenhard, Chairman, Federal Election Commission. [FR Doc. E7–20901 Filed 10–22–07; 8:45 am] BILLING CODE 6715–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2007–0075; Directorate Identifier 2007–NM–171–AD] RIN 2120–AA64 Airworthiness Directives; EMBRAER Model EMB–120, –120ER, –120FC, –120QC, and –120RT Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: PART 9034—ENTITLEMENTS § 9034.7 (8) Non-commercial travel on aircraft, and travel on other means of transportation not operated for commercial passenger service is governed by 11 CFR 100.93. 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 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. 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 23, 2007. 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. ADDRESSES: PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 59967 • 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: 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: 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–2007–0075; Directorate Identifier 2007–NM–171–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 ˆ The Agencia Nacional de Aviacao ¸˜ Civil (ANAC), which is the airworthiness authority for Brazil, has issued Brazilian Airworthiness Directive 2007–05–02, effective June 6, 2007 (referred to after this as ‘‘the MCAI’’), to E:\FR\FM\23OCP1.SGM 23OCP1 59968 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Proposed Rules correct an unsafe condition for the specified products. The MCAI states: rfrederick on PROD1PC67 with PROPOSALS 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. The FAA has examined the underlying safety issues involved in fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a regulation titled ‘‘Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements’’ (66 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 (‘‘SFAR 88,’’ Amendment 21–78, and subsequent Amendments 21–82 and 21–83). Among other actions, SFAR 88 requires certain type design (i.e., type certificate (TC) and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine-powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intended to adopt airworthiness directives to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews. VerDate Aug<31>2005 14:55 Oct 22, 2007 Jkt 214001 In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: Single failures, single failures in combination with a latent condition(s), and in-service failure experience. For all four criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action. We have determined that the actions identified in this AD are necessary to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. Relevant Service Information EMBRAER has issued Temporary Revision No. 22–1 of the EMB–120 Maintenance Review Board Report (MRBR), dated November 18, 2005; and Section 6, Part D, Critical Design Configuration Control Limitation (CDCCL) of the MRBR, dated March 22, 2005. 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. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 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 109 products of U.S. registry. We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the proposed AD on 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 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. E:\FR\FM\23OCP1.SGM 23OCP1 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Proposed Rules 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 Actions and Compliance 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA–2007– 0075; Directorate Identifier 2007–NM– 171–AD. Comments Due Date (a) We must receive comments by November 23, 2007. 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. The FAA has provided guidance for this determination in Advisory Circular (AC) 25– 1529–1. rfrederick on PROD1PC67 with PROPOSALS 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) VerDate Aug<31>2005 14:55 Oct 22, 2007 Jkt 214001 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. (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 Systems Limitations,’’ Temporary Revision No. 22–1 of the EMB–120 Maintenance Review Board Report (MRBR), dated November 18, 2005. 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 paragraph (f)(3) 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) of Section 6—‘‘Part D—Critical Design Configuration Control Limitations,’’ of the EMB–120 MRBR, dated March 22, 2005. (3) For the functional checks and detailed visual inspections, Tasks 15 to 18 of Section 6—‘‘Part E—Fuel Systems Limitations,’’ Temporary Revision No. 22–1 of the EMB– 120 Maintenance Review Board Report (MRBR), dated November 18, 2005: 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 ‘‘Part E—Fuel Systems Limitations,’’ Temporary Revision No. 22–1 of the EMB–120 Maintenance Review Board Report (MRBR), dated November 18, 2005. (4) Except as provided by paragraph (g) of this AD: After accomplishing the actions specified in paragraphs (f)(1) and (f)(2) of this AD, no alternative inspection, inspection intervals, or CDCCLs may be used. FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows: No differences. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 59969 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 FAAapproved 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 of the EMB–120 Maintenance Review Board Report (MRBR), dated November 18, 2005, and Section 6, ‘‘Part D, Critical Design Configuration Control Limitations,’’ of the EMB–120 MRBR, dated March 22, 2005, for related information. Issued in Renton, Washington, on October 12, 2007. Stephen P. Boyd, Assistant Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–20821 Filed 10–22–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2007–0074; Directorate Identifier 2007–NM–151–AD] RIN 2120–AA64 Airworthiness Directives; McDonnell Douglas Model MD–90–30 Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). AGENCY: E:\FR\FM\23OCP1.SGM 23OCP1

Agencies

[Federal Register Volume 72, Number 204 (Tuesday, October 23, 2007)]
[Proposed Rules]
[Pages 59967-59969]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20821]


=======================================================================
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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]
RIN 2120-AA64


Airworthiness Directives; EMBRAER Model EMB-120, -120ER, -120FC, 
-120QC, and -120RT Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

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 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. 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 23, 
2007.

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: 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:

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-2007-0075; 
Directorate Identifier 2007-NM-171-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 airworthiness authority for Brazil, has issued Brazilian 
Airworthiness Directive 2007-05-02, effective June 6, 2007 (referred to 
after this as ``the MCAI''), to

[[Page 59968]]

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.
    The FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
adequacy of existing regulations, the service history of airplanes 
subject to those regulations, and existing maintenance practices for 
fuel tank systems. As a result of those findings, we issued a 
regulation titled ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction and Maintenance and Inspection Requirements'' 
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards 
for transport airplanes and new maintenance requirements, this rule 
included Special Federal Aviation Regulation No. 88 (``SFAR 88,'' 
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent modifications to those airplanes. It requires them to 
perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt airworthiness directives to mandate any changes found necessary 
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: Single failures, single failures in 
combination with a latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    We have determined that the actions identified in this AD are 
necessary to reduce the potential of ignition sources inside fuel 
tanks, which, in combination with flammable fuel vapors, could result 
in fuel tank explosions and consequent loss of the airplane.

Relevant Service Information

    EMBRAER has issued Temporary Revision No. 22-1 of the EMB-120 
Maintenance Review Board Report (MRBR), dated November 18, 2005; and 
Section 6, Part D, Critical Design Configuration Control Limitation 
(CDCCL) of the MRBR, dated March 22, 2005. 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 109 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on 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 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.

[[Page 59969]]

    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-
2007-0075; Directorate Identifier 2007-NM-171-AD.

Comments Due Date

    (a) We must receive comments by November 23, 2007.

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. The FAA has 
provided guidance for this determination in Advisory Circular (AC) 
25-1529-1.

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 Systems Limitations,'' Temporary Revision No. 22-1 of 
the EMB-120 Maintenance Review Board Report (MRBR), dated November 
18, 2005. 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 paragraph (f)(3) 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) of Section 6--
``Part D--Critical Design Configuration Control Limitations,'' of 
the EMB-120 MRBR, dated March 22, 2005.
    (3) For the functional checks and detailed visual inspections, 
Tasks 15 to 18 of Section 6--``Part E--Fuel Systems Limitations,'' 
Temporary Revision No. 22-1 of the EMB-120 Maintenance Review Board 
Report (MRBR), dated November 18, 2005: 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 ``Part E--Fuel 
Systems Limitations,'' Temporary Revision No. 22-1 of the EMB-120 
Maintenance Review Board Report (MRBR), dated November 18, 2005.
    (4) Except as provided by paragraph (g) of this AD: After 
accomplishing the actions specified in paragraphs (f)(1) and (f)(2) 
of this AD, no alternative inspection, inspection intervals, or 
CDCCLs may be used.

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 of the 
EMB-120 Maintenance Review Board Report (MRBR), dated November 18, 
2005, and Section 6, ``Part D, Critical Design Configuration Control 
Limitations,'' of the EMB-120 MRBR, dated March 22, 2005, for 
related information.

    Issued in Renton, Washington, on October 12, 2007.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E7-20821 Filed 10-22-07; 8:45 am]
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