AD/EMB-120/46 - Fuel System

The AD operates through three tightly specified, document-tied obligations. The principal regulatory concept is mandated incorporation of prescribed maintenance tasks and limitations from specific MRBR revisions into each operator’s approved system of maintenance. The AD uses the MRBR as the normative source for task content, inspection types, and intervals. Requirement 1 names "tasks 15 to 18 of Section 6 - Part E: Fuel System Limitations" in Temporary Revision 22-1 of the MRBR dated 18 November 2005, or a later ANAC-approved revision. Requirement 2 refers to the same tasks for the FNC and DET. Requirement 3 requires inclusion of "items 1) and 2) of Section 6 - Part D: Critical Design Configuration Control Limitations" as shown in Revision 22 of the MRBR dated 22 March 2005, or later ANAC-approved revision.

The AD ties Australian regulatory action to documents and standards issued or approved by the Brazilian authority, ANAC. The MRBR revisions and ANAC AD are adopted by reference; the AD requires operators to use those documents "or later revision approved by the ANAC" as the content source for the required maintenance and inspection items. The AD makes CASA the approval authority for changes to an operator’s system of maintenance, by explicit cross-reference to Civil Aviation Regulation 42R (Note 1). That sets up a two-part governance chain: ANAC provides the technical MRBR content, CASA enforces adoption and approves the operator-level maintenance programme changes.

Safety rationale is stated in the Background. ANAC identified that previous MRBR revisions did not fully comply with Critical Design Configuration Control Limitations and Fuel System Limitations which are intended to preclude ignition sources in the fuel system, a requirement identified as RBHA E88/United States SFAR 88. The AD frames the MRBR changes and the inspections as corrective action necessary because the condition “affects flight safety” (Background). The AD thereby converts ANAC’s technical finding into an Australian mandatory requirement for all operators of the affected type.

Mechanically, the AD imposes three discrete tasks with explicit timing. Two of them (Requirements 1 and 3) are short‑term documentary changes to the operator’s approved maintenance system and must be in place within 30 calendar days of the AD’s effective date. The inspection and functional check programme (Requirement 2) has a longer operational window (4 000 hours time in service or 48 calendar months, whichever first) and is a recurring obligation according to MRBR intervals. The AD also points operators to ANAC AD 2007-05-02 Amdt 39-1183 and provides the effective date (29 June 2007) and the issuing delegate (David Punshon) (Note 2; This Airworthiness Directive becomes effective on 29 June 2007; signature block).

The AD applies to "All EMB-120( ) Brasilia aeroplanes" (Applicability). That is a type-based applicability; any operator that holds or operates an EMB-120 series aeroplane within the scope of CASA’s jurisdiction is directly affected. The primary economic subjects are aircraft operators who maintain EMB-120 aeroplanes under an approved system of maintenance. Those operators must amend their approved maintenance system and perform specified inspections and functional checks. Because the AD requires approval of revisions to the system of maintenance by CASA under Civil Aviation Regulation 42R (Note 1), operators will interact with CASA’s certification and approval processes.

Secondary actors include maintenance providers who carry out the functional checks (FNC) and detailed visual inspections (DET) required by tasks 15 to 18 of Section 6 Part E. Those providers will perform work according to the MRBR provisions now required in the operator’s approved programme. CASA itself will be affected as the approval authority under Regulation 42R for any system of maintenance revisions required by Requirement 1 and Requirement 3. The Brazilian authority ANAC is an upstream technical source; the AD expressly relies on ANAC-approved MRBR revisions and refers to an ANAC AD (Note 2), meaning operators must follow MRBR and ANAC materials that may be updated by ANAC.

The AD’s stated safety driver concerns the fuel system and ignition-source prevention, per ANAC’s advisement. Where operators previously were operating under earlier MRBR revisions that did not contain or fully implement the named CDCCL and FSL items, they will have to incorporate those tasks into their programmes. That may require drafting documentation, adjusting maintenance schedules, resourcing inspections, and obtaining CASA approval under Civil Aviation Regulation 42R.

The AD does not list owners, lessors, or other parties separately, but any party responsible for the airworthiness of an EMB-120 under Australian regulation,whether an operator, lessor with continuing airworthiness obligations, or maintenance organisation acting under an approved maintenance programme,will be implicated through the requirement to revise and have approved the system of maintenance and to complete the specified inspections within the prescribed time windows.

Duties

• Revise approved system of maintenance to include tasks 15 to 18 of Section 6, Part E: Fuel System Limitations in Temporary Revision 22-1 of the MRBR dated 18 November 2005, or a later ANAC‑approved revision. This is Requirement 1 as stated in the AD. The revision must be approved by CASA under Civil Aviation Regulation 42R (Requirement 1; Note 1).

• Carry out the functional checks (FNC) and detailed visual inspections (DET) required by tasks 15 to 18 of Section 6, Part E, as shown in Temporary Revision 22‑1 MRBR or later ANAC‑approved revision. The work must be completed within 4 000 hours time in service or 48 calendar months after the AD’s effective date, whichever occurs first, and repeated thereafter at the intervals stated in the MRBR (Requirement 2; Compliance: For Requirement 2).

• Revise the approved system of maintenance to include items 1 and 2 of Section 6, Part D: Critical Design Configuration Control Limitations (CDCCL) as shown in Revision 22 of the MRBR dated 22 March 2005, or later ANAC‑approved revision. This is Requirement 3 and must be submitted for CASA approval under Regulation 42R (Requirement 3; Note 1).

Rights / Procedural points

• Operators have the right to use the MRBR version specified or "later revision approved by the ANAC." The AD explicitly allows the later ANAC‑approved MRBR revisions to be used as the technical source for the tasks and items (Requirements 1-3).

• Revision or variation of the operator’s system of maintenance must be approved by CASA under Civil Aviation Regulation 42R, so operators retain procedural rights to submit changes and obtain regulatory approval rather than unilateral imposition of a specific company‑level document. The AD sets the approval route, not the substantive drafting details (Note 1).

• The AD does not itself define or change the technical content of the MRBR; it requires incorporation of MRBR material. Operators may rely on ANAC‑approved MRBR texts as the normative specification for inspections, tasks, and intervals (Requirements 1-3).

Procedural timing and obligations

• The AD sets two short window documentary obligations: revisions required by Requirement 1 and Requirement 3 must be in place within 30 calendar days after the AD’s effective date (Compliance: For Requirement 1; For Requirement 3). This imposes a quick administrative action for operators to submit maintenance programme changes to CASA under Regulation 42R.

• The operational inspection requirement (Requirement 2) has a defined in‑service window and recurring nature: complete initial FNC and DET within 4 000 hours or 48 months, whichever is earlier, then repeat per MRBR intervals thereafter (Compliance: For Requirement 2).

Limits and non‑specified matters

• The AD does not specify penalties, enforcement mechanisms beyond the effective date or detailed CASA processes; it relies on existing regulatory frameworks (for example, Civil Aviation Regulation 42R) for approval and enforcement. The AD refers to ANAC documentation and to RBHA E88 / SFAR 88 as the safety standard the MRBR tasks and CDCCL / FSL address (Background; Note 2).

The AD establishes mandatory compliance obligations with specified deadlines and prescribes that revisions to an operator’s system of maintenance must be approved by CASA under Civil Aviation Regulation 42R (Note 1). It becomes effective on 29 June 2007 (This Airworthiness Directive becomes effective on 29 June 2007). The AD contains express compliance dates for each requirement: Requirements 1 and 3 within 30 calendar days of the effective date; Requirement 2 within 4 000 hours time in service or 48 calendar months, whichever occurs first, and then repeated according to MRBR intervals (Compliance: For Requirement 1; For Requirement 2; For Requirement 3). These provisions create legally binding timeframes.

What the AD does not do in this text

• The AD text does not set out specific penalty provisions, monetary fines, or criminal sanctions within the document itself. It does not detail the enforcement mechanisms that CASA would apply should an operator fail to comply. The AD instead relies on the framework under which CASA operates, including the requirement that maintenance programme revisions must be approved under Civil Aviation Regulation 42R (Note 1). Any enforcement action, administrative penalties, or sanctions would therefore proceed under the general statutory and regulatory enforcement powers available to CASA and the applicable Civil Aviation Regulations, which are not restated in this AD.

• The AD does not state any alternative compliance procedures, exemptions, or a process for seeking relief within the AD text. It also does not state whether compliance monitoring will be by inspection, audit, or reporting; those details are not contained in this AD.

Implication for enforcement

• Because the AD mandates incorporation of specified MRBR tasks into the approved maintenance programme, and requires CASA approval for the changes, the principal enforcement lever is CASA’s approval process under Civil Aviation Regulation 42R. CASA’s ability to withhold approval or to require further information provides a regulatory checkpoint that enforces the documentary change. Failure to hold an approved system of maintenance that includes the MRBR items could leave an operator non‑compliant with the AD.

• The operational inspection obligation (Requirement 2) is explicit and time‑bound, and subsequent non‑performance could be identified during regulatory surveillance or airworthiness audits. The AD itself does not, however, record the enforcement follow‑up processes, penalties, or remediation steps; those would follow CASA’s standard enforcement and audit procedures under the civil aviation regulatory framework.

The AD expressly cross‑references a small set of regulatory and technical instruments and places Australian obligations in direct relation to Brazilian technical standards. The interactions specified in the AD are these.

Reference to ANAC materials

• The AD requires incorporation of material from the Embraer MRBR Temporary Revision 22‑1 dated 18 November 2005 (or later ANAC‑approved revision) and MRBR Revision 22 dated 22 March 2005 (or later ANAC‑approved revision) (Requirement 1; Requirement 3). In doing so, the AD imports ANAC‑approved MRBR content as the technical standard that operators must adopt. The AD thereby creates a dependency on ANAC’s MRBR revisions and any later revisions that ANAC approves.

• The AD also refers to ANAC AD 2007‑05‑02 Amdt 39‑1183 (Note 2). That indicates the CASA AD is coordinated with, or follows, an ANAC action. The AD thus forms part of a transnational web of airworthiness directives where the foreign state of design or certification (Brazil/ANAC) issues technical mandates that CASA requires operators to follow in Australia, subject to CASA approval of programme changes.

Reference to RBHA E88 and SFAR 88

• The Background cites RBHA E88 and United States SFAR 88 as the regulatory standards that demand CDCCL and FSL to preclude ignition sources in the fuel system. The AD records ANAC’s view that earlier MRBR revisions did not fully comply with those requirements, and frames the MRBR inclusions and inspections as corrective actions to meet those standards (Background). The AD therefore situates its technical objective within RBHA E88 and SFAR 88 requirements as interpreted by ANAC.

Civil Aviation Regulation 42R

• The AD requires that revisions or variations of the operator’s system of maintenance be approved by CASA under Civil Aviation Regulation 42R (Note 1). That links the AD’s documentary duties to an existing Australian regulatory approval mechanism, meaning the AD does not itself create a new approval regime but uses the established Regulation 42R process to obtain CASA sign‑off on the required programme changes.

Scope and limits of interaction

• The AD does not purport to amend the MRBR or ANAC documentation; it requires operators to incorporate the ANAC‑approved MRBR content and to obtain CASA approval for internal maintenance programme changes. It does not redefine how Regulation 42R operates, nor does it alter RBHA E88 or SFAR 88. The AD is an implementing instrument that makes compliance with designated MRBR items a mandatory Australian requirement.

• The AD does not cite other Australian statutes or regulations beyond the reference to Civil Aviation Regulation 42R. It does not provide transitional arrangements with other regulatory instruments nor identify conflicts with other domestic instruments. Any interface with other Australian regulatory requirements (for example, recordkeeping, continuing airworthiness obligations under other Civil Aviation Regulations) is not detailed in this AD and would be handled within the general Australian aviation regulatory framework.

The document records the MRBR source revisions that form the substantive content basis for the AD, and it records the AD’s own issuance and effective dates. The AD requires the incorporation of items from two MRBR revisions: Temporary Revision 22‑1 of the MRBR dated 18 November 2005 (for tasks 15 to 18 of Section 6 Part E) and Revision 22 of the MRBR dated 22 March 2005 (for items 1 and 2 of Section 6 Part D) (Requirement 1; Requirement 3). The AD expressly allows the use of "later revision approved by the ANAC" as an alternative normative source for the required tasks and items (Requirements 1-3). That language creates a built‑in allowance for future ANAC amendments to the MRBR to supplant the specific MRBR revisions named in the AD, provided those later revisions have ANAC approval.

Note 2 references ANAC AD 2007‑05‑02 Amdt 39‑1183. The AD does not indicate any subsequent CASA amendments to AD/EMB‑120/46 itself within the text provided. The AD becomes effective on 29 June 2007 and is dated 14 June 2007 with the delegate’s signature (This Airworthiness Directive becomes effective on 29 June 2007; signature block). There is no separate amendment log or record of subsequent CASA amendments included in the text supplied.

Mechanics of amendment via ANAC

• Because the AD permits operators to use a later MRBR revision approved by ANAC, substantive changes to the MRBR made and approved by ANAC after the dates referenced in the AD may be relied on by operators in place of the specific MRBR revisions cited. The AD therefore delegates, in effect, some of the technical amendment process to ANAC’s MRBR revision process. CASA retains control over approval of the operator’s system of maintenance revisions by requiring CASA approval under Civil Aviation Regulation 42R (Note 1).

Absence of internal AD amendment procedure

• The text does not specify a CASA procedure for CASA to amend this AD, nor does it note any amendment history to the AD itself. Any future amendments or supersessions of AD/EMB‑120/46 would need to be issued by CASA through its established AD processes; those processes are not recited within the AD text.

The AD text contains no record of litigation or court decisions concerning AD/EMB‑120/46. It does not reference any judicial review, appeals, or tribunal determinations arising from the AD. The document is an administrative directive issued by the Civil Aviation Safety Authority and signed by a CASA delegate, David Punshon, with the stated effective date of 29 June 2007 (signed 14 June 2007). The AD itself does not contain any comments about legal challenges, stay applications, enforcement proceedings, or contested decisions.

Because the AD requires CASA approval under Civil Aviation Regulation 42R for any revision of an operator’s system of maintenance, any dispute concerning CASA’s approval decision would be handled under the statutory and administrative law mechanisms applicable to CASA decisions and Civil Aviation Regulations. The AD text does not narrate any such cases or administrative appeals in connection with this instrument.

If parties seek records of litigation, enforcement actions, or appeal outcomes linked to this AD, those would need to be obtained from CASA records, court records, or public legal databases; the AD text itself contains no litigation history.

Tight documentary deadlines for two requirements

• Requirement 1 and Requirement 3 both require revisions to an operator’s approved system of maintenance within 30 calendar days of the AD’s effective date (Compliance: For Requirement 1; For Requirement 3). That is a short window for preparing, submitting, and obtaining CASA approval under Civil Aviation Regulation 42R (Note 1). Operators must plan for both the drafting of the maintenance programme changes and the time it will take CASA to process the approval under Regulation 42R.

Dependency on foreign authority technical documents

• The AD imports MRBR content approved by ANAC and permits the use of later ANAC‑approved MRBR revisions (Requirements 1-3). Operators must therefore ensure they have access to the correct MRBR revisions and to any subsequent ANAC approvals. Reliance on documents maintained by a foreign certification authority introduces a dependency on the ANAC publication and approval schedule which the AD does not control.

Document scope specificity

• The AD specifies tasks 15 to 18 of Section 6 Part E and items 1 and 2 of Section 6 Part D in particular MRBR revisions (Requirements 1-3). Operators should ensure that they interpret and incorporate precisely those items and intervals as shown in the MRBR texts. Using an incorrect MRBR version, or misidentifying which items correspond to tasks 15-18, could lead to non‑compliance.

Compliance timing for inspections

• Requirement 2 allows up to 4 000 hours time in service or 48 calendar months, whichever comes first, for the initial FNC and DET (Compliance: For Requirement 2). For aircraft that have accumulated high utilisation, the 4 000‑hour threshold may be reached more quickly than 48 months, creating a shorter effective compliance window. Operators must calculate individual aircraft time in service to determine the applicable deadline.

Approval under Civil Aviation Regulation 42R

• The AD makes CASA the approval authority for the revised approved system of maintenance (Note 1). Operators unfamiliar with the Regulation 42R approval process should allow time to prepare submissions that meet CASA’s administrative and content expectations. The AD does not supply procedural detail about the Regulation 42R approval process.

Repetition of inspections

• Requirement 2 mandates that FNC and DET tasks be repeated thereafter at the intervals stated in the MRBR (Requirement 2). Operators must ensure their maintenance scheduling systems incorporate the MRBR intervals and that those intervals are reflected in the approved system of maintenance approved under Regulation 42R.

No penalties or enforcement specifics in the AD

• The AD does not set out enforcement mechanisms or penalties in the text provided. Operators should appreciate that non‑compliance could nevertheless be enforceable through CASA’s general regulatory powers, but the AD itself does not state the enforcement steps. Operators should therefore coordinate with CASA if there is any uncertainty about deadlines or approval content.

ANAC AD cross‑reference

• The AD refers to ANAC AD 2007‑05‑02 Amdt 39‑1183 (Note 2). Operators should obtain and review the ANAC AD and the MRBR revisions to understand any additional detail, since the CASA AD imports or refers to those documents as the source of the substantive tasks and limitations.

Stepwise compliance actions derived from the AD text

1. Confirm applicability

• Determine whether the aircraft in your fleet are EMB‑120( ) Brasilia aeroplanes, since the AD applies to "All EMB‑120( ) Brasilia aeroplanes" (Applicability). If you operate this type, proceed with the steps below.

2. Obtain the referenced MRBR documents and ANAC AD

• Obtain Temporary Revision 22‑1 of the MRBR for the Embraer EMB‑120( ) aircraft dated 18 November 2005, and MRBR Revision 22 dated 22 March 2005, or, alternatively, obtain later MRBR revisions that have been approved by ANAC, plus ANAC AD 2007‑05‑02 Amdt 39‑1183 (Note 2). The AD requires that the tasks and items be taken "as shown" in those MRBR revisions, or a later ANAC‑approved revision (Requirements 1-3).

3. Revise the approved system of maintenance for Fuel System Limitations

• Incorporate tasks 15 to 18 of Section 6, Part E: Fuel System Limitations from Temporary Revision 22‑1 MRBR (or later ANAC‑approved revision) into the operator’s approved system of maintenance. Prepare the documentation showing the tasks and the intervals as specified in the MRBR (Requirement 1).

• Submit the revised system of maintenance to CASA for approval under Civil Aviation Regulation 42R. Note 1 mandates that any revision or variation to the operator’s system of maintenance must be approved by CASA.

• Complete this step within 30 calendar days after the AD’s effective date (Compliance: For Requirement 1).

4. Plan and perform the inspections and functional checks

• Schedule and perform the functional checks (FNC) and detailed visual inspections (DET) required by tasks 15 to 18 of Section 6, Part E, as shown in Temporary Revision 22‑1 MRBR or later ANAC‑approved revision (Requirement 2).

• Ensure the initial FNC and DET are completed within 4 000 hours time in service or 48 calendar months after the AD’s effective date, whichever occurs first. After the initial action, include the FNC and DET tasks in routine maintenance scheduling and perform them at the intervals stated in the MRBR (Compliance: For Requirement 2).

5. Revise the approved system of maintenance for CDCCL

• Incorporate items 1 and 2 of Section 6, Part D: Critical Design Configuration Control Limitations from MRBR Revision 22 dated 22 March 2005, or later ANAC‑approved revision, into the operator’s approved system of maintenance (Requirement 3).

• Prepare and submit the documentation for CASA approval under Civil Aviation Regulation 42R as required (Note 1).

• Complete this step within 30 calendar days after the AD’s effective date (Compliance: For Requirement 3).

6. Recordkeeping and ongoing compliance

• After CASA approval of the revised maintenance system, ensure that maintenance organisation manuals, work cards, task cards, and maintenance scheduling systems reflect the MRBR‑specified tasks and intervals for both the FSL and CDCCL items.

• For Requirement 2, ensure that records of functional checks and detailed visual inspections are maintained to demonstrate compliance with the initial deadline (4 000 hours or 48 months) and with the recurring MRBR intervals thereafter.

7. Coordinate with maintenance providers and CASA

• Engage maintenance providers early to ensure they understand the MRBR tasks (15-18 of Section 6 Part E) and the CDCCL items to be incorporated. Provide maintenance instructions derived directly from the ANAC‑approved MRBR text to the maintenance provider performing FNC and DET.

• Liaise with CASA proactively to obtain approval under Civil Aviation Regulation 42R and to confirm that the submitted revisions meet CASA’s approval requirements. Be prepared to supply the MRBR text or ANAC AD references that form the substantive basis of the revisions.

8. Use later ANAC‑approved MRBR revisions if appropriate

• The AD permits the use of a later revision of the MRBR provided it is approved by ANAC (Requirements 1-3). If ANAC has issued an updated MRBR revision that includes the required tasks and items, use that later revision as the normative source and cite the ANAC approval to CASA when submitting your system of maintenance revision.

Practical notes

• Calculate individual aircraft time in service to determine whether the initial FNC and DET deadline will be driven by the 4 000‑hour threshold or the 48‑month calendar period (Compliance: For Requirement 2).

• Start the CASA approval process immediately because Requirements 1 and 3 are short‑notice documentary changes with a 30‑day deadline from the AD’s effective date. The AD becomes effective on 29 June 2007 (This Airworthiness Directive becomes effective on 29 June 2007).

• Retain copies of the MRBR revisions and ANAC AD referenced by the CASA AD, and include clear cross‑references in your maintenance system documentation to the MRBR tasks and intervals you have adopted.

• If any uncertainty exists about the content of the MRBR items or the appropriate means of incorporating them into an approved system of maintenance, raise those issues with CASA under Regulation 42R approval submissions; the AD requires CASA approval for the revisions (Note 1).