```

[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Rules and Regulations]
[Pages 37244-37247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15369]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0546; Directorate Identifier 2009-NM-215-AD; 
Amendment 39-16659; AD 2011-08-09]
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), 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 some fuel quantity probes may fail during 
the airplane life leading to an erroneous fuel quantity indication 
to the crew. This erroneous indication may lead to the airplane 
being operated with less fuel than indicated which may lead to an 
uncommanded in-flight shutdown of one or both engines due to fuel 
starvation.

* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective August 1, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 1, 
2011.

ADDRESSES: You may examine the AD docket on the Internet at http://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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    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 June 3, 2010 (75 FR 
31332). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found that some fuel quantity probes may fail during 
the airplane life leading to an erroneous fuel quantity indication 
to the crew. This erroneous indication may lead to the airplane 
being operated with less fuel than indicated which may lead to an 
uncommanded in-flight shutdown of one or both engines due to fuel 
starvation.

* * * * *
Required actions include determining the real fuel quantity on each 
tank using the dripless measuring sticks, comparing the results of the 
fuel quantity measurement with the fuel master indicator and repeater 
indicator readings for each tank, and corrective actions as applicable. 
Corrective actions include replacing the measuring stick and its 
relevant magnetic float, replacing the master fuel quantity indicator, 
and replacing the repeater indicator, as applicable; inspecting 
defective tank units for contamination, corrosion and integrity of 
components, and repairing or replacing as necessary; inspecting system 
wiring from the connector at the wing root to the master indicator for 
condition and continuity; and correcting the fuel quantity indication 
system; as applicable. You

[[Page 37245]]

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 considered the comments received.

Request to Change Requirements

    Great Lakes Airlines (Great Lakes) and Ameriflight, LLC 
(Ameriflight), requested that we remove the repetitive inspections to 
determine real fuel quantity at intervals not to exceed 600 flight 
hours or 180 days from the proposed AD, and instead require a one-time 
inspection to determine real fuel quantity within 600 flight hours or 
180 days after the effective date of the AD, and subsequent inspections 
to comply with the schedule per Task 28-25, Operational Check Fuel 
Quantity Indicating System (Measuring Sticks), specified in Section 3, 
Systems and Powerplant Inspection Requirements, in EMBRAER EMB120 
Models Maintenance Review Board Report (MRBR), MRB-HI-200, Revision 26, 
dated January 5, 2010. Ameriflight stated that this inspection has 
already been added to Section 3 of the EMBRAER EMB120 Models MRBR (Task 
28-25), to be done at each ``A'' check, which would occur more 
frequently than what is called for in the NPRM. Ameriflight stated that 
requiring the repetitive inspections to comply with the MRBR schedule 
per Task 28-25 would ensure that Task 28-25 is incorporated into the 
operators ``A'' check program.
    Great Lakes stated that accomplishing the inspection at the next 
``A'' check, but no longer than 180 days, would accomplish the same 
intent as the proposed AD. Great Lakes stated that accomplishing the 
inspection at the next ``A'' check would close the AD once the 
inspection was accomplished.
    We disagree with the commenters' requests to change the 
requirements. We note that the operators could accomplish the 
inspection at the next ``A'' check if the ``A'' checks are more 
frequent than our requirement. Operators are always permitted to 
accomplish the requirements of an AD at a time earlier than the 
specified compliance time. We have determined that this AD must require 
repetitive inspections in order to address the identified unsafe 
condition. We have not changed the AD in this regard.

Request To Move Task 28-25 to the Airworthiness Limitations (AWL) 
Section of the MRBR

    Great Lakes requested that we ask EMBRAER to move Task 28-25 to the 
AWL section of the EMBRAER EMB120 Models MRBR. Great Lakes stated that 
this would accomplish the same thing as the NPRM and would close the AD 
once the inspection was accomplished.
    We disagree with the request to move Task 28-25 to the AWL section 
of the EMBRAER EMB120 Models MRBR. We have determined that this AD is 
the vehicle for ensuring, by law, that all affected operators perform 
the necessary actions that will address the identified unsafe 
condition. If in the future the manufacturer includes this task in a 
different manual or some other documentation, the operator may apply 
for an Alternative Method of Compliance (AMOC) in accordance with 
paragraph (j) of this AD. We have not changed the AD in this regard.

Request To Refer to Latest Revision of the Aircraft Maintenance Manual 
(AMM)

    Great Lakes stated that the operator is directed to use EMBRAER 
EMB120 Brasilia AMM, MM-120/1459, Revision 24, dated March 30, 2009, to 
determine the real fuel quantity using dripless stick measuring and 
comparing to the fuel quantity master indicator and repeater. Great 
Lakes stated that a later revision of the AMM introduced Task 28-25 to 
compare the fuel quantity indicated on dripless sticks to the fuel 
quantity system, and the task card manual was revised to include Task 
Card 28-25.
    We infer that Great Lakes is requesting that we refer to EMBRAER 
EMB120 Brasilia AMM, MM-120/1459, Revision 27, dated September 28, 
2010, to determine the real fuel quantity using dripless stick 
measuring and comparing to the fuel quantity master indicator and 
repeater. We agree. References have been changed in paragraphs (g) and 
(k), and Note 1 of this AD to refer to EMBRAER EMB120 Brasilia AMM, MM-
120/1459, Revision 27, dated September 28, 2010. We have also revised 
this AD by adding new paragraph (i) to give credit to operators that 
accomplished the applicable inspections before the effective date of 
this AD, in accordance with EMBRAER EMB120 Brasilia AMM, Revision 24, 
dated March 30, 2009; Revision 25, dated September 28, 2009; or 
Revision 26, dated March 29, 2010. We have also included Task 28-25, 
Operational Check Fuel Quantity Indicating System (Measuring Sticks), 
specified in Section 3, Systems and Powerplant Inspection Requirements, 
in EMBRAER EMB120 Models Maintenance Review Board Report (MRBR), MRB-
HI-200, Revision 26, dated January 5, 2010, in this AD as an 
alternative to Subjects 28-41-00, Fuel Quantity Indicating System, and 
28-42-00, Fuel Quantity Measuring Sticks Assembly--Description and 
Operation, of Chapter 28, Fuel, of the EMBRAER EMB120 Brasilia AMM, MM-
120/1459, Revision 27, dated September 28, 2010. We have also corrected 
the reference to the chapter number in paragraph (g)(3) of this AD.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

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

    Based on the service information, we estimate that this AD will 
affect about 77 products of U.S. registry. We also estimate that it 
will take about 2 work-hours per product to comply with the basic 
requirements of this AD. The average labor rate is $85 per work-hour. 
Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $13,090, or $170 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

[[Page 37246]]

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 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 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:

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:
2011-08-09 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16659. Docket No. FAA-2010-0546; Directorate Identifier 
2009-NM-215-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
1, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Empresa Brasileira de Aeronautica 
S.A. (EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT 
airplanes, certificated in any category.

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 some fuel quantity probes may fail during 
the airplane life leading to an erroneous fuel quantity indication 
to the crew. This erroneous indication may lead to the airplane 
being operated with less fuel than indicated which may lead to an 
uncommanded in-flight shutdown of one or both engines due to fuel 
starvation.
* * * * *
Required actions include determining the real fuel quantity on each 
tank using the dripless measuring sticks, comparing the results of 
the fuel quantity measurement with the fuel master indicator and 
repeater indicator readings for each tank, and corrective actions as 
applicable. Corrective actions include replacing the measuring stick 
and its relevant magnetic float, replacing the master fuel quantity 
indicator, and replacing the repeater indicator, as applicable; 
inspecting defective tank units for contamination, corrosion and 
integrity of components, and repairing or replacing as necessary; 
inspecting system wiring from the connector at the wing root to the 
master indicator for condition and continuity; and correcting the 
fuel quantity indication system; as applicable.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 600 flight hours or 180 days after the effective date 
of this AD, whichever occurs first, with at least 400 kg (882 lb) of 
fuel in each tank, determine the real fuel quantity in each tank 
using the dripless measuring sticks, in accordance with Subjects 28-
41-00, Fuel Quantity Indicating System, and 28-42-00, Fuel Quantity 
Measuring Sticks Assembly--Description and Operation, of Chapter 28, 
Fuel, of the EMBRAER EMB120 Brasilia AMM, MM-120/1459, Revision 27, 
dated September 28, 2010; or in accordance with Task 28-25, 
Operational Check Fuel Quantity Indicating System (Measuring 
Sticks), specified in Section 3, Systems and Powerplant Inspection 
Requirements, in EMBRAER EMB120 Models Maintenance Review Board 
Report (MRBR), MRB-HI-200, Revision 26, dated January 5, 2010. 
Before further flight, compare the results of the fuel quantity 
measurement with the fuel master indicator and repeater indicator 
readings for each tank and do the applicable action in paragraph 
(g)(1), (g)(2), or (g)(3) of this AD.
    (1) If the difference of the two measurements is greater than 60 
kg (132 lb) on both tanks, before further flight do all applicable 
corrective actions including correcting the fuel quantity indication 
system (FQIS), in accordance with Subjects 28-41-00, Fuel Quantity 
Indicating System, and 28-42-00, Fuel Quantity Measuring Sticks 
Assembly--Description and Operation, of Chapter 28, Fuel, of the 
EMBRAER EMB120 Brasilia AMM, MM-120/1459, Revision 27, dated 
September 28, 2010.
    (2) If the difference of the two measurements is greater than 60 
kg (132 lb) on only one tank, and the conditions in paragraphs 
(g)(2)(i), (g)(2)(ii), and (g)(2)(iii) of this AD are met, do all 
applicable corrective actions including correcting the FQIS, in 
accordance with Subjects 28-41-00, Fuel Quantity Indicating System, 
and 28-42-00, Fuel Quantity Measuring Sticks Assembly--Description 
and Operation, of Chapter 28, Fuel, of the EMBRAER EMB120 Brasilia 
AMM, MM-120/1459, Revision 27, dated September 28, 2010, within 10 
days after determining the real fuel quantity as specified in 
paragraph (g) of this AD.
    (i) Before further flight after each refueling, the actions 
required in paragraph (g) of this AD are done;
    (ii) Both fuel flow indicators are operating properly; and
    (iii) The fuel used or fuel remaining function of the totalizer 
is operating properly.
    (3) If the difference of the two measurements is greater than 60 
kg (132 lb) on only one tank, and any condition in paragraph 
(g)(2)(i), (g)(2)(ii), or (g)(2)(iii) of this AD is not met, before 
further flight do all applicable corrective actions including 
correcting the FQIS, in accordance with Subjects 28-41-00, Fuel 
Quantity Indicating System, and 28-42-00, Fuel Quantity Measuring 
Sticks Assembly--Description and Operation, of Chapter 28, Fuel, of 
the EMBRAER EMB120 Brasilia AMM, MM-120/1459, Revision 27, dated 
September 28, 2010.
    (h) Repeat the actions required in paragraph (g) of this AD 
thereafter at intervals not to exceed 600 flight hours or 180 days, 
whichever occurs first.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (i) Inspections accomplished before the effective date of this 
AD according to Subjects 28-41-00, Fuel Quantity Indicating System, 
and 28-42-00, Fuel Quantity Measuring Sticks Assembly--Description 
and Operation, of Chapter 28, Fuel, the EMBRAER EMB120 Brasilia 
Aircraft Maintenance Manual, MM-120/1459, Revision 24, dated March 
30, 2009; Revision

[[Page 37247]]

25, dated September 28, 2009; and Revision 26, dated March 29, 2010; 
are considered acceptable for compliance with the corresponding 
actions specified in this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    This AD requires doing all applicable corrective actions in 
accordance with Subjects 28-41-00, Fuel Quantity Indicating System, 
and 28-42-00, Fuel Quantity Measuring Sticks Assembly--Description 
and Operation, of Chapter 28, Fuel, of the EMBRAER EMB120 Brasilia 
AMM, MM-120/1459, Revision 27, dated September 28, 2010. Corrective 
actions include replacing the measuring stick and its relevant 
magnetic float, replacing the master fuel quantity indicator, and 
replacing the repeater indicator, as applicable; inspecting 
defective tank units for contamination, corrosion and integrity of 
components, and repairing or replacing as necessary; inspecting 
system wiring from the connector at the wing root to the master 
indicator for condition and continuity; and correcting the fuel 
quantity indication system; as applicable. The MCAI does not provide 
a corrective action and only requires a repetitive functional check 
of the FQIS in accordance with Subject 28-42-00, Fuel Quantity 
Measuring Sticks Assembly--Description and Operation, of Chapter 28, 
Fuel, of the EMBRAER EMB120 Brasilia Aircraft Maintenance Manual, 
Revision 24, dated March 30, 2009. This difference has been 
coordinated with Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC).

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the International 
Branch, send it to ATTN: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-1175; fax (425) 227-1149. Information may be e-mailed to: 
9-ANM-116-AMOC-REQUESTS@faa.gov. Before using any approved AMOC, 
notify your appropriate principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district 
office/certificate holding district office. The AMOC approval letter 
must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

Related Information

    (k) Refer to MCAI Brazilian Airworthiness Directive 2009-07-04, 
effective July 13, 2009; Task 28-25, Operational Check Fuel Quantity 
Indicating System (Measuring Sticks), specified in Section 3, 
Systems and Powerplant Inspection Requirements, in EMBRAER EMB120 
Models Maintenance Review Board Report (MRBR), MRB-HI-200, Revision 
26, dated January 5, 2010; and Subjects 28-41-00, Fuel Quantity 
Indicating System, and 28-42-00, Fuel Quantity Measuring Sticks 
Assembly--Description and Operation, of Chapter 28, Fuel, of the 
EMBRAER EMB120 Brasilia AMM, MM-120/1459, Revision 27, dated 
September 28, 2010; for related information.

Material Incorporated by Reference

    (l) You must use Subjects 28-41-00, Fuel Quantity Indicating 
System, and 28-42-00, Fuel Quantity Measuring Sticks Assembly--
Description and Operation, of Chapter 28, Fuel, of the EMBRAER 
EMB120 Brasilia AMM, MM-120/1459, Revision 27, dated September 28, 
2010; or Task 28-25, Operational Check Fuel Quantity Indicating 
System (Measuring Sticks), specified in Section 3, Systems and 
Powerplant Inspection Requirements, in EMBRAER EMB120 Models 
Maintenance Review Board Report (MRBR), MRB-HI-200, Revision 26, 
dated January 5, 2010; as applicable; to do the actions required by 
this AD, unless the AD specifies otherwise. The revision level of 
EMBRAER EMB120 Brasilia Aircraft Maintenance Manual, MM-120/1459, 
Revision 27, dated September 28, 2010, is indicated only on the 
title page and Chapter 28 List of Effective Pages of that document. 
The revision level of EMBRAER EMB120 Brasilia Maintenance Review 
Board Report, MRB-HI-200, Revision 26, dated January 5, 2010, is 
indicated only on the title page of that document; pages I-II of the 
List of Effective Pages of that document do not exist.
    (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), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone 
+55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; e-mail 
distrib@embraer.com.br; Internet http://www.flyembraer.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 25, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-15369 Filed 6-24-11; 8:45 am]
BILLING CODE 4910-13-P
```