[Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
[Rules and Regulations]
[Pages 8615-8617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4553]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-51-AD; Amendment 39-9946; AD 97-05-02]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-120 series airplanes, that 
requires 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 amendment 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 this AD are intended to prevent water from freezing these 
areas, which could result in binding of the aileron and subsequent 
reduced controllability of the airplane.

DATES: Effective April 2, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 2, 1997.

ADDRESSES: The service information referenced in this AD may be 
obtained from Embraer, Empresa Brasileira De Aeronautica S/A, Sao Jose 
Dos Campos, Brazil. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 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; or 
at the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Curtis Jackson, Aerospace Engineer, 
Airframe 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-
7358; fax (404) 305-7348.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal

[[Page 8616]]

Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-120 
series airplanes was published in the Federal Register on May 22, 1995 
(60 FR 27056). That action proposed to 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.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request to Reference Additional Service Information

    The only commenter, a U.S. operator, supports the proposal, but 
requests that it be revised to reference EMBRAER Service Bulletin 120-
57-0021, Change 2, dated March 8, 1996, as an appropriate source of 
service information. This change to the service bulletin revises Change 
1, which was referenced in the proposal, by including additional rework 
instructions and correcting a reference to the Structural Repair 
Manual.
    The FAA concurs. The FAA finds that accomplishment of the actions 
in accordance with either Change 1 or Change 2 of the EMBRAER service 
bulletin will provide an acceptable level of safety and meet the intent 
of this AD action. The final rule has been revised to reference both 
service documents. Operators who already have accomplished the actions 
in accordance with Change 1 will not have to perform any additional 
work.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 263 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 10 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. The cost for required parts is expected to 
be negligible. Based on these figures, the cost impact of the AD on 
U.S. operators is estimated to be $157,800, or $600 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.

Regulatory Impact

    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) Is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

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

97-05-02  Embraer: Amendment 39-9946. Docket 95-NM-51-AD.

    Applicability: Model EMB-120 series airplanes; as listed in 
EMBRAER Service Bulletin No. 120-57-0021, Change 2, dated March 8, 
1996; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    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; or 
Change 2, dated March 8, 1996.
    (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; or Change 2, dated 
March 8,1996.
    (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 
sections 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.
    (e) The actions shall be done in accordance with EMBRAER Service 
Bulletin No. 120-57-0021, Change 1, dated September 10, 1993; or 
EMBRAER Service Bulletin No. 120-57-0021, Change 2, dated March 8, 
1996. This incorporation by reference was approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies may be obtained from Embraer, Empresa Brasileira De 
Aeronautica S/A, Sao Jose Dos Campos, Brazil. Copies may be 
inspected at the FAA,

[[Page 8617]]

Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Atlanta Aircraft Certification Office, 
Small Airplane Directorate, Campus Building, 1701 Columbia Avenue, 
Suite 2-160, College Park, Georgia; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (f) This amendment becomes effective on April 2, 1997.

    Issued in Renton, Washington, on February 19, 1997.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-4553 Filed 2-25-97; 8:45 am]
BILLING CODE 4910-13-U