[Federal Register Volume 63, Number 220 (Monday, November 16, 1998)]
[Proposed Rules]
[Pages 63620-63621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30537]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 63, No. 220 / Monday, November 16, 1998 /
Proposed Rules
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-265-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 removing the thermal
insulating blankets from the upper rear nacelle structure; re-
positioning the engine exhaust duct; and replacing the engine exhaust
bracket with a new engine exhaust bracket, if necessary. For certain
airplanes, this proposal also would require installing new stainless
steel plates onto the upper rear nacelle structure. This proposal is
prompted by issuance of mandatory continuing airworthiness information
by a foreign civil airworthiness authority. The actions specified by
the proposed AD are intended to prevent fretting of the titanium
thermal insulating blankets, which could result in an increased risk of
fire in the engine exhaust duct of the tail pipe.
DATES: Comments must be received by December 16, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-265-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: Linda M. Haynes, Aerospace Engineer,
Airframe and Propulsion Branch, ACE-117A, FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30337-2748;
telephone (770) 703-6091; 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-265-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-265-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Departmento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, 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 fire in the engine exhaust duct
of the tail pipe. Investigation revealed that the aft section of the
engine exhaust duct is subject to vibration that causes relative motion
between the layers of insulation blankets and the engine exhaust duct.
As a result, the titanium thermal insulating blankets are subject to
fretting. Such fretting produces titanium dust, which under intense
heat, could spontaneously ignite. This condition, if not corrected,
could result in an increased risk of fire in the engine exhaust duct of
the tail pipe.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin 120-54-0035, Change 02, dated
May 29, 1998, which describes procedures for removing the thermal
insulating blankets from the upper rear nacelle structure; re-
positioning the engine exhaust duct with the use of shims; and
replacing the engine exhaust bracket with a new engine exhaust bracket,
if necessary. For certain airplanes, the service bulletin also
describes procedures for installing new stainless steel plates onto the
upper rear nacelle structure. Accomplishment of the actions specified
in the service bulletin is intended to adequately address the
identified unsafe condition. The DAC classified this service bulletin
as mandatory and issued Brazilian airworthiness directives 97-11-03,
dated December 3, 1997, and 97-11-03R1, dated July 6, 1998, in order to
assure the continued airworthiness of these airplanes in Brazil.
FAA's Conclusions
This airplane model is manufactured in Brazil and is type
certificated for operation in the United States under the
[[Page 63621]]
provisions of section 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.
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.
Cost Impact
The FAA estimates that 171 airplanes of U.S. registry would be
affected by this proposed AD.
It would take approximately 9 work hours per airplane to accomplish
the actions on airplanes listed in ``Part I'' of EMBRAER Service
Bulletin 120-54-0035, Change 02, at an average labor rate of $60 per
work hour. Required parts would cost approximately $337 per airplane.
Based on these figures, the cost impact of the proposed requirements of
this AD on U.S. operators of airplanes listed in ``Part I'' of the
service bulletin is estimated to be $877 per airplane.
It would take approximately 2 work hours per airplane to accomplish
the actions on airplanes listed in ``Part II'' of EMBRAER Service
Bulletin 120-54-0035, Change 02, at an average labor rate of $60 per
work hour. Based on these figures, the cost impact of the proposed
requirements of this AD on U.S. operators of airplanes listed in ``Part
II'' of the service bulletin is estimated to be $120 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 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-265-
AD.
Applicability: Model EMB-120 series airplanes, serial numbers
(S/N) 120003, 120004, and 120006 through 120336 inclusive;
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 (e) 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 fretting of the titanium thermal insulating blankets,
which could result in an increased risk of fire in the engine
exhaust duct of the tail pipe, accomplish the following:
(a) For airplanes identified in ``Part I'' of the effectivity
listing of EMBRAER Service Bulletin 120-54-0035, Change 02, dated
May 29, 1998: Within 2,400 flight hours after the effective date of
this AD, accomplish paragraphs (a)(1) and (a)(2) in accordance with
the service bulletin.
(1) Remove the thermal insulating blankets from the upper rear
nacelle structure.
(2) Install new stainless steel plates onto the upper rear
nacelle structure.
(b) For airplanes identified in ``Part II'' of the effectivity
listing of EMBRAER Service Bulletin 120-54-0035, Change 02, dated
May 29, 1998: Within 2,400 flight hours after the effective date of
this AD, remove the thermal insulating blankets from the upper rear
nacelle structure in accordance with the service bulletin.
(c) For all airplanes: Prior to further flight following
accomplishment of either paragraph (a) or (b) of this AD, as
applicable, re-position the engine exhaust duct with the use of
shims in accordance with EMBRAER Service Bulletin 120-54-0035,
Change 02, dated May 29, 1998. If it is not possible to re-position
the engine exhaust duct with the use of shims as specified in the
service bulletin, prior to further flight, replace the rear exhaust
duct bracket with a new rear exhaust duct bracket, in accordance
with the ``NOTE'' in paragraph 1.3.1.1 of the Planning section of
the service bulletin.
(d) As of the effective date of this AD, no person shall install
on any airplane a thermal insulating blanket having part number (P/
N) 120-35411-025, -035, -036, 120035413-001, or 12035411-002.
(e) 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.
(f) 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.
Note 3: The subject of this AD is addressed in Brazilian
airworthiness directives 97-11-03, dated December 3, 1997, and 97-
11-03R1, dated July 6, 1998.
Issued in Renton, Washington, on November 9, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-30537 Filed 11-13-98; 8:45 am]
BILLING CODE 4910-13-U