[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Rules and Regulations]
[Pages 72366-72368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23555]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22631; Directorate Identifier 2005-NM-183-AD; 
Amendment 39-14394; AD 2005-25-01]
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.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
EMBRAER Model EMB-120, -120ER, -120FC, -120QC, and -120RT airplanes. 
This AD requires modifying electrical harnesses located at the left- 
and right-hand wing roots; and re-routing and modifying the harness of 
the right-hand outboard flap actuator. This AD results from fuel system 
reviews conducted by the manufacturer. We are issuing this AD to 
prevent chafed electrical harnesses, which could result in a potential 
source of ignition for fuel vapors near a fuel tank and consequent fire 
or fuel tank explosion.

DATES: This AD becomes effective January 9, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of January 9, 
2006.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
room PL-401, Washington, DC.
    Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service 
information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2474; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Management 
Facility office

[[Page 72367]]

between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the 
street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to all EMBRAER Model EMB-
120, -120ER, -120FC, -120QC, and -120RT airplanes. That NPRM was 
published in the Federal Register on October 7, 2005 (70 FR 58626). 
That NPRM proposed to require modifying electrical harnesses located at 
the left- and right-hand wing roots; and re-routing and modifying the 
harness of the right-hand outboard flap actuator.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We received no comments on the NPRM or on the 
determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

    This AD will affect about 112 airplanes of U.S. registry. The 
actions will take about 8 work hours per airplane, at an average labor 
rate of $65 per work hour. Required parts will cost about $979 per 
airplane. Based on these figures, the estimated cost of the AD for U.S. 
operators is $167,888, or $1,499 per airplane.

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 have 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

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:

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-25-01 Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-14394. Docket No. FAA-2005-22631; Directorate 
Identifier 2005-NM-183-AD.

Effective Date

    (a) This AD becomes effective January 9, 2006.

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.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent chafed electrical 
harnesses, which could result in a potential source of ignition for 
fuel vapors near a fuel tank and consequent fire or fuel tank 
explosion.

Compliance

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

Corrective Action

    (f) Within 5,000 flight hours after the effective date of this 
AD, modify the electrical harnesses located at the left- and right-
hand wing roots; and re-route and modify the harness of the right-
hand outboard flap actuator; in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 120-24-0059, Revision 02, 
dated March 18, 2005.

Previously Accomplished Actions

    (g) Actions done before the effective date of this AD in 
accordance with EMBRAER Service Bulletin 120-24-0059, dated April 6, 
2004; and Revision 01, dated November 9, 2004; are acceptable for 
compliance with the requirements of paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (i) Brazilian airworthiness directive 2005-06-01, dated June 29, 
2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) You must use EMBRAER Service Bulletin 120-24-0059, Revision 
02, dated March 18, 2005, to perform the actions that are required 
by this AD, unless the AD specifies otherwise. EMBRAER Service 
Bulletin 120-24-0059, Revision 02, contains the following effective 
pages:

[[Page 72368]]



------------------------------------------------------------------------
                                Revision level
           Page No.              shown on page     Date shown on page
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1, 3..........................  02............  March 18, 2005.
2, 17, 18.....................  01............  Nov. 9, 2004.
4-16, 19-21...................  Original......  April 6, 2004.
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    The Director of the Federal Register approved the incorporation 
by reference of this document in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Contact Empresa Brasileira de Aeronautica S.A. 
(EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos Campos--SP, 
Brazil, for a copy of this service information. You may review 
copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the 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 November 25, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23555 Filed 12-2-05; 8:45 am]
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