Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes, 58507-58509 [E8-23666]
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Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Proposed Rules
Marshall
Ohio
Appendix C to Subpart B of Part 532—
Appropriated Fund Wage and Survey
Areas
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*
[FR Doc. E8–23725 Filed 10–6–08; 8:45 am]
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Federal Aviation Administration
14 CFR Part 39
Area of Application. Survey area plus:
New York:
Cattaraugus
Chautauqua
Pennsylvania:
Elk (Only includes the Allegheny National
Forest portion)
Forest (Only includes the Allegheny
National Forest portion)
McKean
Warren
*
*
*
*
*
PENNSYLVANIA
*
*
*
Pittsburgh
Survey Area
Pennsylvania:
Allegheny
Beaver
Butler
Washington
Westmoreland
pwalker on PROD1PC71 with PROPOSALS
*
DEPARTMENT OF TRANSPORTATION
Survey Area
New York:
Erie
Niagara
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*
*
Buffalo
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*
BILLING CODE 6325–39–P
NEW YORK
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*
Area of Application. Survey area plus:
Pennsylvania:
Armstrong
Bedford
Blair
Cambria
Cameron
Centre
Clarion
Clearfield
Clinton
Crawford
Elk (Does not include the Allegheny
National Forest portion)
Erie
Fayette
Forest (Does not include the Allegheny
National Forest portion)
Greene
Huntingdon
Indiana
Jefferson
Lawrence
Mercer
Potter
Somerset
Venango
Ohio:
Belmont
Carroll
Harrison
Jefferson
Tuscarawas
West Virginia:
Brooke
Hancock
VerDate Aug<31>2005
16:26 Oct 06, 2008
Jkt 217001
[Docket No. FAA–2008–1005; Directorate
Identifier 2008–NM–119–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–120, –120ER,
–120FC, –120QC, and –120RT
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
It was found one occurrence of a fuel
booster pump circuit br[e]aker opening
during an engine maintenance servicing. An
inspection inside the fuel tank revealed the
fuel booster pump[’]s electrical harness
chafing against its body, causing the loss of
the electrical wiring protection and resulting
in a short circuit. Further in-tank inspections
have showed other fuel booster pump
electrical harnesses chafing either with the
pump body and/or with adjacent fuel lines,
causing damage to the harness protective
layers and resulting * * * [in a] possible
ignition source inside the fuel tank.
*
*
*
*
*
The proposed AD would require
actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by November 6, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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.
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
58507
• 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 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 this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone (800) 647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT:
Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1405; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2008–1005; Directorate Identifier
2008–NM–119–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
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 aviation
authority for Brazil, has issued Brazilian
Airworthiness Directive 2008–05–01,
effective June 13, 2008 (referred to after
this as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
The MCAI states:
It was found one occurrence of a fuel
booster pump circuit br[e]aker opening
during an engine maintenance servicing. An
inspection inside the fuel tank revealed the
fuel booster pump[’]s electrical harness
E:\FR\FM\07OCP1.SGM
07OCP1
58508
Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Proposed Rules
chafing against its body, causing the loss of
the electrical wiring protection and resulting
in a short circuit. Further in-tank inspections
have showed other fuel booster pump
electrical harnesses chafing either with the
pump body and/or with adjacent fuel lines,
causing damage to the harness protective
layers and resulting * * * [in a] possible
ignition source inside the fuel tank.
*
*
*
*
*
The corrective actions include
revising the Limitations section of the
airplane flight manual to include a
minimum fuel quantity, adding a
minimum fuel quantity limitation for
operation of the fuel booster pump,
inspecting the fuel booster pump
electrical harness of the left- and righthand fuel tanks for damage, replacing
any fuel booster pump having a
damaged electrical harness, installing
clamps on the tank structure, and
installing tie down straps for the fuel
booster pump electrical harness. You
may obtain further information by
examining the MCAI in the AD docket.
Relevant Service Information
EMBRAER has issued Service Bulletin
120–28–0016, dated January 9, 2008.
The actions described in this service
information are intended to correct the
unsafe condition identified in the
MCAI.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
pwalker on PROD1PC71 with PROPOSALS
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
VerDate Aug<31>2005
16:26 Oct 06, 2008
Jkt 217001
highlighted in a NOTE within the
proposed AD.
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 110 products of U.S.
registry. We also estimate that it would
take about 8 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $80 per work-hour. Required
parts would cost about $269 per
product. Where the service information
lists required parts costs that are
covered under warranty, we have
assumed that there will be no charge for
these costs. As we do not control
warranty coverage for affected parties,
some parties may incur costs higher
than estimated here. Based on these
figures, we estimate the cost of the
proposed AD on U.S. operators to be
$99,990, or $909 per product.
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
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
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Frm 00003
Fmt 4702
Sfmt 4702
§ 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–2008–
1005; Directorate Identifier 2008–NM–
119–AD.
Comments Due Date
(a) We must receive comments by
November 6, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model
EMB–120, –120ER, –120FC, –120QC, and
–120RT airplanes, certificated in any
category, serial numbers 120001 to 120359.
Subject
(d) Air Transport Association (ATA) of
America Code 28: Fuel.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
‘‘It was found one occurrence of a fuel
booster pump circuit br[e]aker opening
during an engine maintenance servicing. An
inspection inside the fuel tank revealed the
fuel booster pump[’]s electrical harness
chafing against its body, causing the loss of
the electrical wiring protection and resulting
in a short circuit. Further in-tank inspections
have showed other fuel booster pump
electrical harnesses chafing either with the
pump body and/or with adjacent fuel lines,
causing damage to the harness protective
layers and resulting * * * [in a] possible
ignition source inside the fuel tank.’’
*
*
*
*
*
The corrective actions include revising the
Limitations section of the airplane flight
manual (AFM) to include a minimum fuel
E:\FR\FM\07OCP1.SGM
07OCP1
Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Proposed Rules
quantity, adding a minimum fuel quantity
limitation for operation of the fuel booster
pump, inspecting the fuel booster pump
electrical harness of the left- and right-hand
fuel tanks for damage, replacing any fuel
booster pump having a damaged electrical
harness, installing clamps on the tank
structure, and installing tie down straps for
the fuel booster pump electrical harness.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 30 days after the effective date
of this AD, insert in the Limitations section
of the AFM a copy of this AD or the
following statement:
‘‘The minimum fuel quantity inside each
tank must be 300 kg (662 pounds) or 370
liters (97.75 gallons).’’
(2) As of the effective date of this AD, any
fuel tank defueling or other maintenance
action which demands use of the fuel booster
pumps is limited to a minimum fuel quantity
of no less than 300 kilograms (662 pounds)
or 370 liters (97.75 gallons) inside the
respective tank.
(3) Within 4,000 flight hours, or 24 months,
or at the next scheduled or unscheduled fuel
tank opening after the effective date of this
AD, whichever occurs first, do the following
actions:
(i) Inspect the fuel booster pump electrical
harness of the left- and right-hand fuel tanks
for damage on its external protection, in
accordance with paragraph 3.F. (Part I) of the
Accomplishment Instructions of EMBRAER
Service Bulletin 120–28–0016, dated January
9, 2008. If any damaged fuel booster pump
electrical harness is found, before further
flight, replace the affected fuel booster pump
with another fuel booster pump bearing the
same part number, in accordance with
EMBRAER Service Bulletin 120–28–0016,
dated January 9, 2008.
(ii) Install clamps and tie down straps on
the tank structure and attach each fuel
booster pump electrical harness to the leftand right-hand fuel tanks to avoid eventual
chafing against the pump body, adjacent fuel
lines, structure or any other part, and to
prevent damage to the harness protective
layers, in accordance with paragraph 3.G.
(Part II) of the Accomplishment Instructions
of EMBRAER Service Bulletin 120–28–0016,
dated January 9, 2008.
(4) After complying with the actions in
paragraphs (f)(3)(i) and (f)(3)(ii) of this AD,
the limitations imposed by paragraphs (f)(1)
and (f)(2) of this AD are no longer required,
and the AFM revision required by paragraph
(f)(1) of this AD may be removed from the
AFM.
FAA AD Differences
pwalker on PROD1PC71 with PROPOSALS
Note: This AD differs from the MCAI and/
or service information as follows: No
differences.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
VerDate Aug<31>2005
16:26 Oct 06, 2008
Jkt 217001
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Send information to ATTN: Sanjay Ralhan,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1405; fax (425) 227–1149. Before using
any approved AMOC on any airplane to
which the AMOC applies, notify your
appropriate principal inspector (PI) in the
FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act,
the Office of Management and Budget (OMB)
has approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(h) Refer to MCAI Brazilian Airworthiness
Directive 2008–05–01, effective June 13,
2008; and EMBRAER Service Bulletin 120–
28–0016, dated January 9, 2008; for related
information.
Issued in Renton, Washington, on
September 29, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–23666 Filed 10–6–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–1065; Directorate
Identifier 2008–NM–126–AD]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 727 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for certain
Boeing Model 727 airplanes. This
proposed AD would require, among
other actions, installing new ground
fault interrupter (GFI) relays for the
main fuel tanks and the auxiliary fuel
tank pumps. This proposed AD also
would require revising the FAAapproved maintenance program to
PO 00000
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Fmt 4702
Sfmt 4702
58509
incorporate new Airworthiness
Limitations (AWLs) for the GFI of the
boost pumps and for the uncommanded
on system for the auxiliary fuel tank
pumps. This proposed AD results from
fuel system reviews conducted by the
manufacturer. We are proposing this AD
to prevent an electrical fault in the fuel
pump system, which might cause a
connector or end cap to burn through
and a subsequent fire or explosion
inside the fuel pump or wing spar area.
We are also proposing this AD to
prevent uncommanded operation of the
auxiliary fuel tank pumps, which can
cause them to run dry. This condition
will increase pump temperature and
could supply an ignition source to
fumes in the fuel tank, which can result
in a consequent fire or explosion.
DATES: We must receive comments on
this proposed AD by November 21,
2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this AD, contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility 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 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:
Binh Tran, Aerospace Engineer, Systems
and Equipment Branch, ANM–130S,
FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6485; fax (425) 917–6590.
E:\FR\FM\07OCP1.SGM
07OCP1
]]>Agencies
[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Proposed Rules]
[Pages 58507-58509]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23666]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-1005; Directorate Identifier 2008-NM-119-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:
It was found one occurrence of a fuel booster pump circuit
br[e]aker opening during an engine maintenance servicing. An
inspection inside the fuel tank revealed the fuel booster pump[']s
electrical harness chafing against its body, causing the loss of the
electrical wiring protection and resulting in a short circuit.
Further in-tank inspections have showed other fuel booster pump
electrical harnesses chafing either with the pump body and/or with
adjacent fuel lines, causing damage to the harness protective layers
and resulting * * * [in a] possible ignition source inside the fuel
tank.
* * * * *
The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by November 6,
2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://
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 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 this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-1005;
Directorate Identifier 2008-NM-119-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to https://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2008-05-01, effective June 13, 2008 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
It was found one occurrence of a fuel booster pump circuit
br[e]aker opening during an engine maintenance servicing. An
inspection inside the fuel tank revealed the fuel booster pump[']s
electrical harness
[[Page 58508]]
chafing against its body, causing the loss of the electrical wiring
protection and resulting in a short circuit. Further in-tank
inspections have showed other fuel booster pump electrical harnesses
chafing either with the pump body and/or with adjacent fuel lines,
causing damage to the harness protective layers and resulting * * *
[in a] possible ignition source inside the fuel tank.
* * * * *
The corrective actions include revising the Limitations section of
the airplane flight manual to include a minimum fuel quantity, adding a
minimum fuel quantity limitation for operation of the fuel booster
pump, inspecting the fuel booster pump electrical harness of the left-
and right-hand fuel tanks for damage, replacing any fuel booster pump
having a damaged electrical harness, installing clamps on the tank
structure, and installing tie down straps for the fuel booster pump
electrical harness. You may obtain further information by examining the
MCAI in the AD docket.
Relevant Service Information
EMBRAER has issued Service Bulletin 120-28-0016, dated January 9,
2008. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 110 products of U.S. registry. We also estimate that
it would take about 8 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $269 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these costs.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $99,990, or $909 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2008-1005; Directorate Identifier 2008-NM-119-AD.
Comments Due Date
(a) We must receive comments by November 6, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-120, -120ER, -120FC, -
120QC, and -120RT airplanes, certificated in any category, serial
numbers 120001 to 120359.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
``It was found one occurrence of a fuel booster pump circuit
br[e]aker opening during an engine maintenance servicing. An
inspection inside the fuel tank revealed the fuel booster pump[']s
electrical harness chafing against its body, causing the loss of the
electrical wiring protection and resulting in a short circuit.
Further in-tank inspections have showed other fuel booster pump
electrical harnesses chafing either with the pump body and/or with
adjacent fuel lines, causing damage to the harness protective layers
and resulting * * * [in a] possible ignition source inside the fuel
tank.''
* * * * *
The corrective actions include revising the Limitations section
of the airplane flight manual (AFM) to include a minimum fuel
[[Page 58509]]
quantity, adding a minimum fuel quantity limitation for operation of
the fuel booster pump, inspecting the fuel booster pump electrical
harness of the left- and right-hand fuel tanks for damage, replacing
any fuel booster pump having a damaged electrical harness,
installing clamps on the tank structure, and installing tie down
straps for the fuel booster pump electrical harness.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 30 days after the effective date of this AD, insert
in the Limitations section of the AFM a copy of this AD or the
following statement:
``The minimum fuel quantity inside each tank must be 300 kg (662
pounds) or 370 liters (97.75 gallons).''
(2) As of the effective date of this AD, any fuel tank defueling
or other maintenance action which demands use of the fuel booster
pumps is limited to a minimum fuel quantity of no less than 300
kilograms (662 pounds) or 370 liters (97.75 gallons) inside the
respective tank.
(3) Within 4,000 flight hours, or 24 months, or at the next
scheduled or unscheduled fuel tank opening after the effective date
of this AD, whichever occurs first, do the following actions:
(i) Inspect the fuel booster pump electrical harness of the
left- and right-hand fuel tanks for damage on its external
protection, in accordance with paragraph 3.F. (Part I) of the
Accomplishment Instructions of EMBRAER Service Bulletin 120-28-0016,
dated January 9, 2008. If any damaged fuel booster pump electrical
harness is found, before further flight, replace the affected fuel
booster pump with another fuel booster pump bearing the same part
number, in accordance with EMBRAER Service Bulletin 120-28-0016,
dated January 9, 2008.
(ii) Install clamps and tie down straps on the tank structure
and attach each fuel booster pump electrical harness to the left-
and right-hand fuel tanks to avoid eventual chafing against the pump
body, adjacent fuel lines, structure or any other part, and to
prevent damage to the harness protective layers, in accordance with
paragraph 3.G. (Part II) of the Accomplishment Instructions of
EMBRAER Service Bulletin 120-28-0016, dated January 9, 2008.
(4) After complying with the actions in paragraphs (f)(3)(i) and
(f)(3)(ii) of this AD, the limitations imposed by paragraphs (f)(1)
and (f)(2) of this AD are no longer required, and the AFM revision
required by paragraph (f)(1) of this AD may be removed from the AFM.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-1405; fax (425) 227-1149.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) Refer to MCAI Brazilian Airworthiness Directive 2008-05-01,
effective June 13, 2008; and EMBRAER Service Bulletin 120-28-0016,
dated January 9, 2008; for related information.
Issued in Renton, Washington, on September 29, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-23666 Filed 10-6-08; 8:45 am]
BILLING CODE 4910-13-P
