[Federal Register Volume 63, Number 198 (Wednesday, October 14, 1998)]
[Proposed Rules]
[Pages 55059-55061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27461]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-261-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-120RT and -120ER 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-120RT 
and -120ER series airplanes. This proposal would require repetitive 
visual inspections to detect discrepancies of the brake assemblies on 
the main landing gear (MLG), and replacement of the brake assemblies 
with new brake assemblies, if necessary. This proposal is prompted by 
reports of fatigue cracking or splitting of the brake stator disk at 
the cut-out slots. The actions specified by the proposed AD are 
intended to prevent failure of the brake assemblies of the MLG due to 
cracking or splitting of the stator disk, which could result in loss of 
brake effectiveness and could cause the airplane to leave the runway 
surface.

DATES: Comments must be received by November 13, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-261-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 BFGoodrich, Aircraft Wheels and Brakes, P.O. Box 340, 
Troy, Ohio, 45373. 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 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-261-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-261-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received reports indicating that certain EMBRAER Model 
EMB-120RT and -120ER series airplanes have experienced failures in

[[Page 55060]]

the brake assemblies of the main landing gear (MLG) due to cracking or 
splitting of the stator disk of the brake assemblies. At this time, the 
exact cause of the cracking or splitting has not been determined. Such 
cracking or splitting, if not corrected, could result in loss of brake 
effectiveness and could cause the airplane to leave the runway surface.

Explanation of Relevant Service Information

    The FAA has reviewed and approved BFGoodrich Service Bulletin 2-
1585-32-1, Revision 1, dated June 17, 1998 [for airplanes equipped with 
brake assembly part number (P/N) 2-1585], and Service Bulletin 2-1479-
32-2, Revision 1, dated June 17, 1998 (for airplanes equipped with 
brake assembly P/N 2-1479-1). These service bulletins describe 
procedures for repetitive visual inspections to detect discrepancies 
(i.e., locking or hanging up, broken or damaged stators, and wear of 
plates) of the brake assemblies on the MLG. These service bulletins 
also recommend contacting BFGoodrich in the event that a discrepant 
brake assembly is detected.

U.S. Type Certification of Airplane

    These airplane models are manufactured in Brazil and are 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 bulletins described previously, 
except as discussed below. The proposed AD also would require that 
operators report results of the inspection findings to BFGoodrich.

Differences Between Proposed Rule and Service Bulletins

    Operators should note that, although the service bulletins specify 
that BFGoodrich, the manufacturer of the brake assemblies, be contacted 
if any discrepant brake assembly is detected, this proposal would 
require replacement of any discrepant brake assembly to be accomplished 
in accordance with the EMBRAER EMB-120 Brasilia Maintenance Manual.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Cost Impact

    The FAA estimates that 227 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed inspection, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$13,620, or $60 per airplane, per inspection cycle.
    The 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.

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 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-261-
AD.

    Applicability: Model EMB-120RT and -120ER series airplanes, 
equipped with BFGoodrich brake assemblies having part number (P/N) 
2-1585 or 2-1479-1; 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 request approval for an 
alternative method of compliance in accordance with paragraph (d) 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 failure of the brake assemblies of the main landing 
gear (MLG) due to cracking or splitting of the stator disk, which 
could result in loss of brake effectiveness and could cause the 
airplane to leave the runway surface, accomplish the following:
    (a) At the next MLG wheel removal, but no later than 300 
landings after the effective date of this AD, perform visual 
inspections for discrepancies (i.e., locking or hanging up, broken 
or damaged stators, and wear of plates) of the brake assemblies on 
the MLG, in accordance with paragraph (a)(1) or (a)(2), of this AD, 
as applicable. Repeat the inspections thereafter at each wheel 
change, but not to exceed an interval of 300 landings.
    (1) For airplanes equipped with BFGoodrich main brake assemblies 
having P/N 2-1479-1: Inspect in accordance with BFGoodrich Service 
Bulletin 2-1479-32-2, Revision 1, dated June 17, 1998.
    (2) For airplanes equipped with BFGoodrich main brake assemblies 
having P/N 2-1585: Inspect in accordance with BFGoodrich Service 
Bulletin 2-1585-32-1, Revision 1, dated June 17, 1998.
    (b) If any discrepancy is detected during any inspection 
required by paragraph (a) of this AD, prior to further flight, 
replace the brake assembly with a new brake assembly, in accordance 
with section 32-41-05 of EMBRAER EMB-120 Brasilia Maintenance 
Manual, dated April 30, 1992. Repeat the inspections required by 
paragraph (a) of this AD thereafter at each wheel change, but not to 
exceed an interval of 300 landings.

[[Page 55061]]

    (c) Within 10 days after accomplishing any inspection required 
by this AD, if a discrepant brake assembly is detected, submit a 
report of the inspection results, to BFGoodrich, Aircraft Wheels and 
Brakes, P.O. Box 340, Troy, Ohio 45373. Information collection 
requirements contained in this regulation have been approved by the 
Office of Management and Budget (OMB) under the provisions of the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have 
been assigned OMB Control Number 2120-0056.
    (d) 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.

    (e) 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 October 6, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-27461 Filed 10-13-98; 8:45 am]
BILLING CODE 4910-13-U