[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Rules and Regulations]
[Pages 37244-37247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15369]
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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;
Amendment 39-16659; AD 2011-08-09]
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 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.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective August 1, 2011.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 1,
2011.
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: 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:
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 June 3, 2010 (75 FR
31332). That NPRM proposed 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
[[Page 37245]]
may obtain further information by examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request to Change Requirements
Great Lakes Airlines (Great Lakes) and Ameriflight, LLC
(Ameriflight), requested that we remove the repetitive inspections to
determine real fuel quantity at intervals not to exceed 600 flight
hours or 180 days from the proposed AD, and instead require a one-time
inspection to determine real fuel quantity within 600 flight hours or
180 days after the effective date of the AD, and subsequent inspections
to comply with the schedule per Task 28-25, Operational Check Fuel
Quantity Indicating System (Measuring Sticks), specified in Section 3,
Systems and Powerplant Inspection Requirements, in EMBRAER EMB120
Models Maintenance Review Board Report (MRBR), MRB-HI-200, Revision 26,
dated January 5, 2010. Ameriflight stated that this inspection has
already been added to Section 3 of the EMBRAER EMB120 Models MRBR (Task
28-25), to be done at each ``A'' check, which would occur more
frequently than what is called for in the NPRM. Ameriflight stated that
requiring the repetitive inspections to comply with the MRBR schedule
per Task 28-25 would ensure that Task 28-25 is incorporated into the
operators ``A'' check program.
Great Lakes stated that accomplishing the inspection at the next
``A'' check, but no longer than 180 days, would accomplish the same
intent as the proposed AD. Great Lakes stated that accomplishing the
inspection at the next ``A'' check would close the AD once the
inspection was accomplished.
We disagree with the commenters' requests to change the
requirements. We note that the operators could accomplish the
inspection at the next ``A'' check if the ``A'' checks are more
frequent than our requirement. Operators are always permitted to
accomplish the requirements of an AD at a time earlier than the
specified compliance time. We have determined that this AD must require
repetitive inspections in order to address the identified unsafe
condition. We have not changed the AD in this regard.
Request To Move Task 28-25 to the Airworthiness Limitations (AWL)
Section of the MRBR
Great Lakes requested that we ask EMBRAER to move Task 28-25 to the
AWL section of the EMBRAER EMB120 Models MRBR. Great Lakes stated that
this would accomplish the same thing as the NPRM and would close the AD
once the inspection was accomplished.
We disagree with the request to move Task 28-25 to the AWL section
of the EMBRAER EMB120 Models MRBR. We have determined that this AD is
the vehicle for ensuring, by law, that all affected operators perform
the necessary actions that will address the identified unsafe
condition. If in the future the manufacturer includes this task in a
different manual or some other documentation, the operator may apply
for an Alternative Method of Compliance (AMOC) in accordance with
paragraph (j) of this AD. We have not changed the AD in this regard.
Request To Refer to Latest Revision of the Aircraft Maintenance Manual
(AMM)
Great Lakes stated that the operator is directed to use EMBRAER
EMB120 Brasilia AMM, MM-120/1459, Revision 24, dated March 30, 2009, to
determine the real fuel quantity using dripless stick measuring and
comparing to the fuel quantity master indicator and repeater. Great
Lakes stated that a later revision of the AMM introduced Task 28-25 to
compare the fuel quantity indicated on dripless sticks to the fuel
quantity system, and the task card manual was revised to include Task
Card 28-25.
We infer that Great Lakes is requesting that we refer to EMBRAER
EMB120 Brasilia AMM, MM-120/1459, Revision 27, dated September 28,
2010, to determine the real fuel quantity using dripless stick
measuring and comparing to the fuel quantity master indicator and
repeater. We agree. References have been changed in paragraphs (g) and
(k), and Note 1 of this AD to refer to EMBRAER EMB120 Brasilia AMM, MM-
120/1459, Revision 27, dated September 28, 2010. We have also revised
this AD by adding new paragraph (i) to give credit to operators that
accomplished the applicable inspections before the effective date of
this AD, in accordance with EMBRAER EMB120 Brasilia AMM, Revision 24,
dated March 30, 2009; Revision 25, dated September 28, 2009; or
Revision 26, dated March 29, 2010. We have also included Task 28-25,
Operational Check Fuel Quantity Indicating System (Measuring Sticks),
specified in Section 3, Systems and Powerplant Inspection Requirements,
in EMBRAER EMB120 Models Maintenance Review Board Report (MRBR), MRB-
HI-200, Revision 26, dated January 5, 2010, in this AD as an
alternative to Subjects 28-41-00, Fuel Quantity Indicating System, and
28-42-00, Fuel Quantity Measuring Sticks Assembly--Description and
Operation, of Chapter 28, Fuel, of the EMBRAER EMB120 Brasilia AMM, MM-
120/1459, Revision 27, dated September 28, 2010. We have also corrected
the reference to the chapter number in paragraph (g)(3) of this AD.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
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
Based on the service information, we estimate that this AD will
affect about 77 products of U.S. registry. We also estimate that it
will take about 2 work-hours per product to comply with the basic
requirements of this AD. The average labor rate is $85 per work-hour.
Based on these figures, we estimate the cost of the 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
[[Page 37246]]
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
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:
2011-08-09 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16659. Docket No. FAA-2010-0546; Directorate Identifier
2009-NM-215-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective August
1, 2011.
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 in each tank, determine the real fuel quantity in each tank
using the dripless measuring sticks, in accordance with Subjects 28-
41-00, Fuel Quantity Indicating System, and 28-42-00, Fuel Quantity
Measuring Sticks Assembly--Description and Operation, of Chapter 28,
Fuel, of the EMBRAER EMB120 Brasilia AMM, MM-120/1459, Revision 27,
dated September 28, 2010; or in accordance with Task 28-25,
Operational Check Fuel Quantity Indicating System (Measuring
Sticks), specified in Section 3, Systems and Powerplant Inspection
Requirements, in EMBRAER EMB120 Models Maintenance Review Board
Report (MRBR), MRB-HI-200, Revision 26, dated January 5, 2010.
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 fuel quantity indication
system (FQIS), in accordance with Subjects 28-41-00, Fuel Quantity
Indicating System, and 28-42-00, Fuel Quantity Measuring Sticks
Assembly--Description and Operation, of Chapter 28, Fuel, of the
EMBRAER EMB120 Brasilia AMM, MM-120/1459, Revision 27, dated
September 28, 2010.
(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 Subjects 28-41-00, Fuel Quantity Indicating System,
and 28-42-00, Fuel Quantity Measuring Sticks Assembly--Description
and Operation, of Chapter 28, Fuel, of the EMBRAER EMB120 Brasilia
AMM, MM-120/1459, Revision 27, dated September 28, 2010, 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 Subjects 28-41-00, Fuel
Quantity Indicating System, and 28-42-00, Fuel Quantity Measuring
Sticks Assembly--Description and Operation, of Chapter 28, Fuel, of
the EMBRAER EMB120 Brasilia AMM, MM-120/1459, Revision 27, dated
September 28, 2010.
(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.
Credit for Actions Accomplished in Accordance With Previous Service
Information
(i) Inspections accomplished before the effective date of this
AD according to Subjects 28-41-00, Fuel Quantity Indicating System,
and 28-42-00, Fuel Quantity Measuring Sticks Assembly--Description
and Operation, of Chapter 28, Fuel, the EMBRAER EMB120 Brasilia
Aircraft Maintenance Manual, MM-120/1459, Revision 24, dated March
30, 2009; Revision
[[Page 37247]]
25, dated September 28, 2009; and Revision 26, dated March 29, 2010;
are considered acceptable for compliance with the corresponding
actions specified in this AD.
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 Subjects 28-41-00, Fuel Quantity Indicating System,
and 28-42-00, Fuel Quantity Measuring Sticks Assembly--Description
and Operation, of Chapter 28, Fuel, of the EMBRAER EMB120 Brasilia
AMM, MM-120/1459, Revision 27, dated September 28, 2010. 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 Subject 28-42-00, Fuel Quantity
Measuring Sticks Assembly--Description and Operation, of Chapter 28,
Fuel, of the EMBRAER EMB120 Brasilia 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
(j) 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. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it 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. Information may be e-mailed to:
[email protected]. Before using any approved AMOC,
notify your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding 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
(k) Refer to MCAI Brazilian Airworthiness Directive 2009-07-04,
effective July 13, 2009; Task 28-25, Operational Check Fuel Quantity
Indicating System (Measuring Sticks), specified in Section 3,
Systems and Powerplant Inspection Requirements, in EMBRAER EMB120
Models Maintenance Review Board Report (MRBR), MRB-HI-200, Revision
26, dated January 5, 2010; and Subjects 28-41-00, Fuel Quantity
Indicating System, and 28-42-00, Fuel Quantity Measuring Sticks
Assembly--Description and Operation, of Chapter 28, Fuel, of the
EMBRAER EMB120 Brasilia AMM, MM-120/1459, Revision 27, dated
September 28, 2010; for related information.
Material Incorporated by Reference
(l) You must use Subjects 28-41-00, Fuel Quantity Indicating
System, and 28-42-00, Fuel Quantity Measuring Sticks Assembly--
Description and Operation, of Chapter 28, Fuel, of the EMBRAER
EMB120 Brasilia AMM, MM-120/1459, Revision 27, dated September 28,
2010; or Task 28-25, Operational Check Fuel Quantity Indicating
System (Measuring Sticks), specified in Section 3, Systems and
Powerplant Inspection Requirements, in EMBRAER EMB120 Models
Maintenance Review Board Report (MRBR), MRB-HI-200, Revision 26,
dated January 5, 2010; as applicable; to do the actions required by
this AD, unless the AD specifies otherwise. The revision level of
EMBRAER EMB120 Brasilia Aircraft Maintenance Manual, MM-120/1459,
Revision 27, dated September 28, 2010, is indicated only on the
title page and Chapter 28 List of Effective Pages of that document.
The revision level of EMBRAER EMB120 Brasilia Maintenance Review
Board Report, MRB-HI-200, Revision 26, dated January 5, 2010, is
indicated only on the title page of that document; pages I-II of the
List of Effective Pages of that document do not exist.
(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.
(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 March 25, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-15369 Filed 6-24-11; 8:45 am]
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