Airworthiness Directives; EMBRAER Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes, 10655-10658 [E8-3399]
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Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations
intervals, or CDCCLs are approved as an
alternative method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (g) 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) 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: Tom Rodriguez,
Aerospace Engineer, International Branch,
ANM–116, FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1137; 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-
10655
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 EASA Airworthiness
Directive 2006–0219R1, dated June 29, 2007,
and the service information identified in
Table 1 of this AD, for related information.
TABLE 1.—SERVICE INFORMATION
Revision
level
Document
Time Limits Section of Part 1 of the ATR 42–200/–300/–320 Maintenance Review Board Report .......................
Time Limits Section of Part 1 of the ATR 42–400/–500 Maintenance Review Board Report ................................
Time Limits Section of Part 1 of the ATR 72 Maintenance Review Board Report .................................................
Material Incorporated by Reference
(i) You must use the service information
specified in Table 2 of this AD to do the
Date
7
6
8
March 31, 2006.
March 26, 2007.
March 26, 2007.
actions required by this AD, unless the AD
specifies otherwise.
TABLE 2.—MATERIAL INCORPORATED BY REFERENCE
Revision
level
Document
yshivers on PROD1PC62 with RULES
Time Limits Section of Part 1 of the ATR 42–200/–300/–320 Maintenance Review Board Report .......................
Time Limits Section of Part 1 of the ATR 42–400/–500 Maintenance Review Board Report ................................
Time Limits Section of Part 1 of the ATR 72 Maintenance Review Board Report .................................................
The missing page number for the ‘‘List of
Effective Pages’’ of the Time Limits Section
of Part 1 of the ATR 42–200/–300/–320
Maintenance Review Board Report is 1–LEP.
The ‘‘List of Effective Pages’’ for the Time
Limits Section of Part 1 of the ATR 42–400/
–500 Maintenance Review Board Report
contains a typographical error: The date for
Page 3 should read March 2007. The first
page of the ‘‘Reasons for Revisions’’ section
of the Time Limits Section of Part 1 of the
ATR 72 Maintenance Review Board Report is
incorrectly identified as Page 2–RFR; that
page should be identified as Page 1–RFR.
(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 ATR, 316 Route de Bayonne,
31060 Toulouse, Cedex 03, France.
(3) You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or 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: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
VerDate Aug<31>2005
15:40 Feb 27, 2008
Jkt 214001
Issued in Renton, Washington, on February
15, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–3401 Filed 2–27–08; 8:45 am]
BILLING CODE 4910–13–P
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
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
PO 00000
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Fmt 4700
Sfmt 4700
Date
7
6
8
March 31, 2006.
March 26, 2007.
March 26, 2007.
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.
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10656
Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations
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.
DATES:
Changes to This AD
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.
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.
SUPPLEMENTARY INFORMATION:
Conclusion
Discussion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
as proposed.
You may examine the AD
docket on the Internet at https://
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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
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.
yshivers on PROD1PC62 with RULES
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.
VerDate Aug<31>2005
15:40 Feb 27, 2008
Jkt 214001
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.
PO 00000
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Fmt 4700
Sfmt 4700
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 https://
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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
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Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
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.
yshivers on PROD1PC62 with RULES
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.
VerDate Aug<31>2005
15:40 Feb 27, 2008
Jkt 214001
10657
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
ˆ
Airplane Directorate, FAA, or the Agencia
Nacional de Aviacao 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.
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.
FAA AD Differences
(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
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
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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:
Page No.
List of Effective
Pages:
Pages III–VII ..........
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28FER1
Date shown on page
December 1, 2006.
10658
Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
(202) 741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Federal Aviation Administration
You may examine the AD
docket on the Internet at https://
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:
Wing Chan, Aerospace Engineer,
Systems and Flight Test Branch, ANE–
172, FAA, New York Aircraft
Certification Office, 1600 Stewart
Avenue, Suite 410, Westbury, New York
11590; telephone (516) 228–7311; fax
(516) 794–5531.
SUPPLEMENTARY INFORMATION:
14 CFR Part 39
Discussion
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
DEPARTMENT OF TRANSPORTATION
[Docket No. FAA–2007–0213; Directorate
Identifier 2007–NM–233–AD; Amendment
39–15389; AD 2008–04–17]
RIN 2120–AA64
Airworthiness Directives; Bombardier
Model DHC–8–102, DHC–8–103, DHC–
8–106, DHC–8–201, DHC–8–202, DHC–
8–301, DHC–8–311, and DHC–8–315
Airplanes, and Model DHC–8–400
Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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:
yshivers on PROD1PC62 with RULES
Several cases have been reported where the
pilot, co-pilot or observer utility light system
has failed, resulting in a burning smell
within the cockpit. An investigation has
revealed that, due to the orientation and
location of the carbon molded potentiometers
used to control the intensity of the light, the
potentiometers can fail and overheat in such
a way that burning of the ceiling panel and
the associated insulation blanket could
occur. This could lead to the presence of
smoke in the cockpit, requiring that the pilots
carry out the appropriate emergency
procedure.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
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.
VerDate Aug<31>2005
15:40 Feb 27, 2008
Jkt 214001
ADDRESSES:
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 November 21, 2007 (72 FR
65476). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
Several cases have been reported where the
pilot, co-pilot or observer utility light system
has failed, resulting in a burning smell
within the cockpit. An investigation has
revealed that, due to the orientation and
location of the carbon molded potentiometers
used to control the intensity of the light, the
potentiometers can fail and overheat in such
a way that burning of the ceiling panel and
the associated insulation blanket could
occur. This could lead to the presence of
smoke in the cockpit, requiring that the pilots
carry out the appropriate emergency
procedure.
Corrective actions include replacing the
affected carbon molded resistive
element potentiometers with wirewound type potentiometers for the pilot,
co-pilot, and, if applicable, observer
utility lights. 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.
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
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
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 186 products of U.S. registry. We
also estimate that it will take about 3
work-hours per product to comply with
the basic requirements of this AD. The
average labor rate is $80 per work-hour.
Required parts will cost about $0 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 parts. 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 this AD
to the U.S. operators to be $44,640, or
$240 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.
E:\FR\FM\28FER1.SGM
28FER1
]]>Agencies
[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Rules and Regulations]
[Pages 10655-10658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3399]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://
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 https://
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:
------------------------------------------------------------------------
Page No. Date shown on page
------------------------------------------------------------------------
List of Effective Pages:
Pages III-VII........................... December 1, 2006.
------------------------------------------------------------------------
(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: https://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
