[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)]
[Proposed Rules]
[Pages 31332-31334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13304]
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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:
[email protected]; 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]
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