[Federal Register Volume 60, Number 98 (Monday, May 22, 1995)]
[Proposed Rules]
[Pages 27056-27058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12441]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-51-AD]


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-120 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-120 
series airplanes. This proposal would require removal of the upper 
channel fairings and their shims; and rework of the riveting holes, the 
aileron sealing canvas (aerodynamic seals), and the protective covers 
of the trim tab hinge fittings of the aileron and elevator. This 
proposal is prompted by reports of binding of the aileron due to water 
freezing between the upper channel fairings and the surface of the 
leading edge of the aileron. The actions specified by the proposed AD 
are intended to prevent water from freezing between the upper channel 
fairings and the surface of the leading edge on the aileron, which 
could result in binding of the aileron and subsequent reduced 
controllability of the airplane.

DATES: Comments must be received by July 3, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-51-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.
    The service information referenced in the proposed rule may be 
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. 
Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil. This information 
may be examined at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the FAA, Small Airplane 
Directorate, Atlanta Aircraft Certification Office, Campus Building, 
1701 Columbia Avenue, Suite 2-160, College Park, Georgia.

FOR FURTHER INFORMATION CONTACT: Linda Haynes, Aerospace Engineer, 
Propulsion Branch, ACE-117A, FAA, Small Airplane Directorate, Atlanta 
Aircraft Certification Office, Campus Building, 1701 Columbia Avenue, 
Suite 2-160, College Park, Georgia 30337-2748; telephone (404) 305-
7377; fax (404) 305-7348.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-51-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 95-NM-51-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Departamento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, recently notified the FAA that an unsafe 
condition may exist on certain EMBRAER Model EMB-120 series airplanes. 
The DAC advises that it has received reports of binding of the aileron 
on Model EMB-120 series airplanes. In these instances, movement of the 
aileron was possible, but difficult. All of the airplanes involved were 
equipped with upper channel fairings (Kevlar strips) on the aileron. 
Investigation revealed that, when the upper channel fairings are wet 
and come in contact with a surface of the leading edge of the aileron 
that is also wet, water can freeze between the two parts. This 
condition, if not corrected, could result in binding of the aileron and 
subsequent reduced controllability of the airplane.
    EMBRAER has issued Service Bulletin No. 120-57-0021, Change 1, 
dated September 10, 1993, which describes procedures for removal of the 
upper channel fairings and their shims; and rework of the riveting 
holes, the aileron [[Page 27057]] sealing canvas (aerodynamic seals), 
and the protective covers of the trim tab hinge fittings of the aileron 
and elevator. Rework of the aileron sealing canvas involves increasing 
the gaps between the aileron sealing canvas and the wing fittings, and 
enlarging the drain hole on the protective covers of the trim tab hinge 
fittings of the aileron and the elevator. Removal of the fairings and 
their shims will allow more water to enter the region of the aileron 
sealing canvas (aerodynamic seals). The DAC classified this service 
bulletin as mandatory in order to assure the continued airworthiness of 
these airplanes in Brazil.
    This airplane model is manufactured in Brazil and is type 
certificated for operation in the United States under the provisions of 
Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DAC has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
DAC, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States. -
    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require removal of the 
upper channel fairings and their shims; and rework of the riveting 
holes, the aileron sealing canvas (aerodynamic seals), and the 
protective covers of the trim tab hinge fittings of the aileron and 
elevator. The actions would be required to be accomplished in 
accordance with the service bulletin described previously. -
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been included in this notice to clarify this long-standing requirement. 
-
    The FAA estimates that 263 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 10 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. The cost for required parts 
would be negligible. Based on these figures, the total cost impact of 
the proposed AD on U.S. operators is estimated to be $157,800, or $600 
per airplane. -
    The total cost impact figure discussed above is based on 
assumptions that no operator has yet accomplished any of the proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted. -
    The regulations proposed herein would not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment. -
    For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39 -

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment -

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended] -

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Embraer: Docket 95-NM-51-AD.

     -Applicability: Model EMB-120 series airplanes; as listed in 
EMBRAER Service Bulletin No. 120-57-0021, Change 1, dated September 
10, 1993; certificated in any category.

     -Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (c) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

     -Compliance: Required as indicated, unless accomplished 
previously. -
    To prevent binding of the aileron and subsequent reduced 
controllability of the airplane, accomplish the following: -
    (a) Within 3,000 hours time-in-service after the effective date 
of this AD, remove the upper channel fairings and their shims; and 
rework the riveting holes, the aileron sealing canvas (aerodynamic 
seals), and the protective covers of the trim tab hinge fittings of 
the aileron and elevator; in accordance with EMBRAER Service 
Bulletin No. 120-57-0021, Change 1, dated September 10, 1993. -
    (b) As of the effective date of this AD, no person shall install 
any aileron sealing canvas having part number (P/N) 120-08130-001, 
120-08131-001, or 120-08132-001, on any airplane unless that canvas 
has been reworked in accordance with EMBRAER Service Bulletin No. 
120-57-0021, Change 1, dated September 10, 1993. -
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Atlanta Aircraft Certification 
Office (ACO), FAA, Small Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Atlanta ACO.

     -Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

     -(d) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.

    [[Page 27058]] Issued in Renton, Washington, on May 16, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-12441 Filed 5-19-95; 8:45 am]
BILLING CODE 4910-13-U