Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Proposed Rules 58507 

Appendix C to Subpart B of Part 532— 

Appropriated Fund Wage and Survey 

Areas 

* * * * * 

NEW YORK 

* * * * * 

Buffalo 

Survey Area 

New York: 

Erie 

Niagara 

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 

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 

Marshall 

Ohio 

* * * * * 

[FR Doc. E8–23725 Filed 10–6–08; 8:45 am] 

BILLING CODE 6325–39–P 

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 

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. 

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: 

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 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 Ageˆncia Nacional de Aviac ̧a ̃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 


pwalker on PROD1PC71 with PROPOSALS
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. 

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. 

§ 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 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Proposed Rules 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 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 

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 

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 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

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 

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 

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 

W12–140, 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 http:// 

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. 


pwalker on PROD1PC71 with PROPOSALS