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[Federal Register: June 3, 2010 (Volume 75, Number 106)]
[Proposed Rules]               
[Page 31332-31334]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn10-21]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0546; Directorate Identifier 2009-NM-215-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).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as: It has been found that 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. 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 July 19, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed 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. You may 
review copies of the referenced 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: 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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about

[[Page 31333]]

this proposed AD. Send your comments to an address listed under the 
ADDRESSES section. Include ``Docket No. FAA-2010-0546; Directorate 
Identifier 2009-NM-215-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2009-07-04, effective July 13, 2009 (referred 
to after this as ``the MCAI''), 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 may obtain further information by examining 
the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Sections 28-41-00 and 28-42-00 of Chapter 28 of 
the EMBRAER EMB120 Aircraft Maintenance Manual, Revision 24, dated 
March 30, 2009. 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

    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 77 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
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 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, Incorporation by 
reference, 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:

[[Page 31334]]

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

Comments Due Date

    (a) We must receive comments by July 19, 2010.

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 on each tank, determine the real fuel quantity on each tank 
using the dripless measuring sticks, in accordance with Sections 28-
41-00 and 28-42-00 of Chapter 28 of the EMBRAER EMB120 Aircraft 
Maintenance Manual, Revision 24, dated March 30, 2009. 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 FQIS, in accordance with 
Sections 28-41-00 and 28-42-00 of Chapter 28 of the EMBRAER EMB120 
Aircraft Maintenance Manual, Revision 24, dated March 30, 2009.
    (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 Sections 28-41-00 and 28-42-00 of Chapter 28 of the 
EMBRAER EMB120 Aircraft Maintenance Manual, Revision 24, dated March 
30, 2009, 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 Sections 28-41-00 and 28-42-
00 of Chapter 28 of the EMBRAER EMB120 Aircraft Maintenance Manual, 
Revision 24, dated March 30, 2009.
    (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.

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 Sections 28-41-00 and 28-42-00 of Chapter 28 of 
the EMBRAER EMB120 Aircraft Maintenance Manual, Revision 24, dated 
March 30, 2009. 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 Section 
28-42-00 of Chapter 28 of the EMBRAER EMB120 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

    (i) 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. Send information to ATTN: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-1175; fax (425) 227-1149. Before using any approved AMOC 
on any airplane to which the AMOC applies, notify your principal 
maintenance inspector (PMI) or principal avionics inspector (PAI), 
as appropriate, or lacking a principal inspector, your local Flight 
Standards District Office. The AMOC approval letter must 
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

Related Information

    (j) Refer to MCAI Brazilian Airworthiness Directive 2009-07-04, 
effective July 13, 2009; and Sections 28-41-00 and 28-42-00 of 
Chapter 28 of the EMBRAER EMB120 Aircraft Maintenance Manual, 
Revision 24, dated March 30, 2009; for related information.

    Issued in Renton, Washington, on May 25, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-13304 Filed 6-2-10; 8:45 am]
BILLING CODE 4910-13-P
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