Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 37521 

Amend By removing the reference to And adding in its place 

§ 9428.3(a) ..................................... 11 CFR 8.4 .......................................................................................... 11 CFR 9428.4. 

§ 9428.4(a)(6)(ii) ............................. 11 CFR 8.6(c) ...................................................................................... 11 CFR 9428.6(c). 

§ 9428.5(a) ..................................... ‘‘Federal Election Commission’s’’ ........................................................ ‘‘Commission’s’’. 

§ 9428.5(b) ..................................... 11 CFR 8.4(c) ...................................................................................... 11 CFR 9428.4(c). 

§ 9428.5(f)(2) .................................. 11 CFR 8.4(b)(1), (6), and (7) ............................................................. 11 CFR 9428.4(b)(1), (6), and (7). 

§ 9428.5(f)(2) .................................. 11 CFR 8.4(b)(2) .................................................................................. 11 CFR 9428.4(b)(2). 

§ 9428.6(b) ..................................... 11 CFR 8.4(a)(2) .................................................................................. 11 CFR 9428.4(a)(2). 

§ 9428.7(a) ..................................... ‘‘Federal Election Commission, 999 E Street, NW., Washington, DC 

20463.’’.

‘‘Election Assistance Commission, 

1225 New York Avenue, NW., 

Washington, DC 20005.’’. 

On behalf of the Commission. 

Steven T. Walther, 

Chairman, Federal Election Commission. 

Gineen B. Beach, 

Chair, Election Assistance Commission. 

[FR Doc. E9–18031 Filed 7–28–09; 8:45 am] 

BILLING CODE 6820–KF–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1005; Directorate 

Identifier 2008–NM–119–AD; Amendment 

39–15981; AD 2009–15–18] 

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 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. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

September 2, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of September 2, 2009. 

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: 

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: 

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 October 7, 2008 (73 FR 

58507). That NPRM proposed 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 

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 assembly 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. 

Changes to the NPRM 

We have clarified the references to the 

fuel booster pump by adding 

‘‘assembly’’ where applicable in the 

paragraph immediately above this 

paragraph, and in paragraphs (e) and 

(f)(3)(i) of the AD. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Request To Remove Fuel Restriction for 

Certain Airplanes 

The manufacturer, Embraer, agrees 

with the main concern for issuing the 

AD, and understands that the addressed 

unsafe condition does exist. However, 

Embraer requests that operators who 

have inspected for and replaced 

damaged wires inside the fuel tanks be 

excluded from the minimum 

requirement of 300 kg of fuel in each 

tank. Embraer requests that the AD 

allow operators that have already 

inspected their airplanes, and are flying 

under a safe condition, to fly without 

the restriction of 300 kg of fuel in each 

tank for at least 2,000 flight hours or 12 

months. 

Embraer recommends adding the 

following paragraph to the ‘‘Actions and 

Compliance’’ section of the proposed 

AD: ‘‘Aircraft that have been inspected 

in accordance with paragraph (f)(3)(i) of 

this AD, prior to the effective date of 

this AD, are exempt from the limitations 

imposed by paragraphs (f)(1) and (f)(2) 

for a period of 12 calendar months or 

2,000 flight hours from the time of 

inspection, whichever occurs first.’’ 

Embraer bases this request on 


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37522 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 

inspections of 28 airplanes where 

damage was found only on the first 

layer of protection of the pumps’ wiring, 

and on service experience showing that 

very few fuel pumps with chafed wiring 

have been found on airplanes with more 

than 20,000 flight hours and 18 years of 

operation. 

We disagree with Embraer’s request to 

remove the fuel quantity restriction. 

Paragraph (f)(4) of this AD specifies that 

the limitations imposed by paragraphs 

(f)(1) and (f)(2) of this AD are no longer 

required only after complying with both 

the inspection specified in paragraph 

(f)(3)(i) of this AD and the installation 

specified in paragraph (f)(3)(ii) of this 

AD (both actions must be done in 

accordance with Embraer Service 

Bulletin 120–28–0016, dated January 9, 

2008). 

We contacted Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC), the aviation 

authority for Brazil, which issued the 

Brazilian Airworthiness Directive 2008– 

05–01, effective June 13, 2008, 

referenced in the NPRM. We agree with 

ANAC that the unsafe condition can 

continue to exist until Embraer Service 

Bulletin 120–28–0016, dated January 9, 

2008, has been accomplished, including 

installing the clamps in accordance with 

paragraph (f)(3)(ii) of this AD. Therefore, 

even if the inspection has been 

accomplished in accordance with 

paragraph (f)(3)(i) of this AD, the 

limitations must remain in effect until 

the installation required by paragraph 

(f)(3)(ii) of this AD is also done. 

However, under the provisions of 

paragraph (g)(1) of this AD, we will 

consider requests for approval of an 

alternative method of compliance if 

sufficient data are submitted to 

substantiate that the method would 

provide an acceptable level of safety. 

We have not changed the AD in this 

regard. 

Conclusion 

We reviewed the available data, 

including the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

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 

We estimate that this AD will affect 

110 products of U.S. registry. We also 

estimate that it will take about 8 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Required parts will 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 parts. 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 this AD 

to the 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 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 

■ 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: 

2009–15–18 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–15981. Docket No. 

FAA–2008–1005; Directorate Identifier 

2008–NM–119–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective September 2, 2009. 

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: 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 37523 

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 

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 assembly 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 

assembly with another fuel booster pump 

assembly bearing the same part number, in 

accordance with the Accomplishment 

Instructions of 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. 

Material Incorporated by Reference 

(i) You must use Embraer Service Bulletin 

120–28–0016, dated January 9, 2008, to do 

the actions required by this AD, unless the 

AD specifies otherwise. 

(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 Sa ̃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 or 425–227–1152. 

(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 July 13, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–17534 Filed 7–28–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0211; Directorate 

Identifier 2008–NM–028–AD; Amendment 

39–15980 AD 2009–15–17] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–200, A330–300, A340–200, and 

A340–300 Series 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: 

* * * * * 

[B]ogie beam internal paint has been 

degraded, leading to a loss of cadmium 

plating and thus allowing development of 

corrosion pitting. 

If not corrected, this situation under higher 

speed could result in the aircraft departing 

the runway or in the bogie [beam] detaching 

from the aircraft or [main landing] gear 

collapses, which would constitute an unsafe 

condition. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

September 2, 2009. 


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