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[Federal Register Volume 74, Number 144 (Wednesday, July 29, 2009)]
[Rules and Regulations]
[Pages 37521-37523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17534]

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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.

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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

[[Page 37522]]

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 Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]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 work-hours 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

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 FAA amends Sec.  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:

[[Page 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 left- 
and 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 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: 
[email protected]; 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
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