[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Proposed Rules]
[Pages 46932-46934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23740]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-233-AD]
RIN 2120-AA64


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 replacement of the 
fairlead support assemblies of the aileron control cable located in the 
nacelle outboard fittings with new, improved assemblies; and 
replacement of certain attachment screws with new screws. This proposal 
is prompted by reports of aileron cable wear due to chafing found 
between the aileron control cables and nylon grommets. The actions 
specified by the proposed AD are intended to prevent such chafing, 
which could result in failure of the aileron cables, and consequent 
reduced controllability of the airplane.

DATES: Comments must be received by October 5, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-233-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, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia.

FOR FURTHER INFORMATION CONTACT: Rob Capezutto, Aerospace Engineer, 
Systems and Flight Test Branch, ACE-116A, FAA, Small Airplane 
Directorate, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone 
(770) 703-6071; fax (770) 703-6097.

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

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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 98-NM-233-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-114, Attention: Rules 
Docket No. 98-NM-233-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received numerous reports indicating that, during 
inspections conducted at the manufacturer's facility, aileron cable 
wear was found on Model EMB-120 series airplanes. Investigation 
revealed that the wear was caused by chafing between aileron control 
cables and nylon grommets in the passage points of the nacelle outboard 
fitting, due to the position of the cable while the airplane is in 
flight. This condition, if not corrected, could result in failure of 
the aileron cables and consequent reduced controllability of the 
airplane.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 120-27-0068, Change 02, dated 
March 20, 1998, which describes procedures for either replacement of 
the fairlead support assemblies of the aileron control cable with new, 
improved assemblies, or replacement of the screws attaching the Teflon 
fairlead of the aileron control fairlead support assemblies with new 
screws, if applicable. Accomplishment of the actions specified in the 
service bulletin is intended to adequately address the identified 
unsafe condition. The Departmento de Aviacao Civil (DAC), which is the 
airworthiness authority for Brazil, has approved this service bulletin 
in order to assure the continued airworthiness of these airplanes in 
Brazil.

U.S. Type Certification of Airplane

    This airplane model is manufactured in Brazil and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement.

Explanation of Requirements of Proposed Rule

    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 accomplishment of 
the actions specified in the service bulletin described previously, 
except as discussed below.

Differences Between Proposed Rule and Service Bulletin

    Operators should note that, although EMBRAER Service Bulletin 120-
27-0068, Change 02, dated March 20, 1998 (Parts I, II, and IV) allows a 
compliance time which specifies that corrective actions may be 
accomplished at the operator's discretion, and Part III of the service 
bulletin allows a compliance time of 800 hours time-in-service, the FAA 
has determined that these compliance times would not address the 
identified unsafe condition in a timely manner. The FAA has considered 
the safety implications associated with replacement of the fairlead 
support assemblies of the aileron control cable or attachment screws, 
and finds that a compliance time of 400 hours time-in-service for 
performing the replacement is warranted for all affected airplanes, in 
that it represents an appropriate interval of time allowable for 
affected airplanes to continue to operate without compromising safety.

Cost Impact

    The FAA estimates that 227 airplanes of U.S. registry would be 
affected by this proposed AD.
    For airplanes identified in Part I of EMBRAER Service Bulletin 120-
27-0068, Change 02, it would take approximately 4 work hours per 
airplane to accomplish the proposed replacement of the fairlead support 
assemblies of the aileron control cable, at an average labor rate of 
$60 per work hour. Required parts would cost approximately $1,464 per 
airplane. Based on these figures, the cost impact of this replacement 
proposed by this AD on U.S. operators is estimated to be $386,808, or 
$1,704 per airplane.
    For airplanes identified in Part II of EMBRAER Service Bulletin 
120-27-0068, Change 02, it would take approximately 1 work hour per 
airplane to accomplish the proposed replacement of the fairlead support 
assemblies of the aileron control cable, at an average labor rate of 
$60 per work hour. Required parts would cost approximately $1,292 per 
airplane. Based on these figures, the cost impact of this replacement 
proposed by this AD on U.S. operators is estimated to be $306,904, or 
$1,352 per airplane.
    For airplanes identified in Part III of EMBRAER Service Bulletin 
120-27-0068, Change 02, it would take approximately 1 work hour per 
airplane to accomplish the proposed replacement of the fairlead support 
assemblies of the aileron control cable, at an average labor rate of 
$60 per work hour. Required parts would cost approximately $501 per 
airplane. Based on these figures, the cost impact of this replacement 
proposed by this AD on U.S. operators is estimated to be $127,347, or 
$561 per airplane.
    For airplanes identified in Part IV of EMBRAER Service Bulletin 
120-27-0068, Change 02, it would take approximately 1 work hour per 
airplane to accomplish the proposed replacement of the attachment 
screws, at an average labor rate of $60 per work hour. Required parts 
cost would be minimal. Based on these figures, the cost impact of this 
replacement proposed by this AD on U.S. operators is estimated to be 
$13,620, or $60 per airplane.
    The cost impact figures discussed above are 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.

Regulatory Impact

    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

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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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

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

Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket 98-NM-233-
AD.

    Applicability: Model EMB-120 series airplanes, as listed in 
EMBRAER Service Bulletin 120-27-0068, Change 02, dated March 20, 
1998; 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 (b) 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 chafing between the aileron control cables and nylon 
grommets, which could result in failure of the aileron cables, and 
consequent reduced controllability of the airplane, accomplish the 
following:
    (a) Within 400 hours time-in-service after the effective date of 
this AD, accomplish the requirements of paragraph (a)(1), (a)(2), 
(a)(3), or (a)(4) of this AD, as applicable, in accordance with 
EMBRAER Service Bulletin 120-27-0068, Change 02, dated March 20, 
1998.
    (1) For airplanes having serial numbers 120003, 120004, and 
120006 through 120217 inclusive, on which the modification specified 
in EMBRAER Service Bulletin 120-27-0068, dated February 28, 1991, 
has not been accomplished: Replace the fairlead support assemblies 
of the aileron control cable (provided with fairleads in both teflon 
and nylon) located in the nacelle outboard fittings with new, 
improved assemblies (Part I), in accordance with the service 
bulletin.
    (2) For airplanes having serial numbers 120003, 120004, and 
120006 through 120217 inclusive, on which the modification specified 
in EMBRAER Service Bulletin 120-27-0068, dated February 28, 1991, 
has been accomplished; and airplanes having serial numbers 120218 
through 120331 inclusive: Replace the fairlead support assemblies of 
the aileron control cable (provided with fairleads in Teflon) 
located in the nacelle outboard fittings with new, improved 
assemblies (Part II), in accordance with the service bulletin.
    (3) For airplanes having serial numbers 120003, 120004, and 
120006 through 120331 inclusive, on which the modification specified 
in EMBRAER Service Bulletin 120-27-0068, dated February 28, 1991, or 
Change 01, dated August 1, 1997, has been accomplished; and 
airplanes having serial numbers 120332 and 120333: Replace the 
attachment screws and the fairlead support assemblies of the aileron 
control cable with new, improved assemblies (Part III), in 
accordance with the service bulletin.
    (4) For airplanes having serial numbers 120334, 120335, and 
120336: Replace the attachment screws of the fairlead support 
assemblies of the aileron control cable (Part IV), in accordance 
with the service bulletin.
    (b) 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.

    (c) 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.

    Issued in Renton, Washington, on August 28, 1998.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-23740 Filed 9-2-98; 8:45 am]
BILLING CODE 4910-13-P