[Federal Register Volume 64, Number 17 (Wednesday, January 27, 1999)]
[Rules and Regulations]
[Pages 4029-4030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1545]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-265-AD; Amendment 39-11012; AD 99-02-18]
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 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 amendment also requires 
installing new stainless steel plates onto the upper rear nacelle 
structure. This amendment is prompted by issuance of mandatory 
continuing airworthiness information by a foreign civil airworthiness 
authority. The actions specified by this 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: Effective March 3, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 3, 1999.

ADDRESSES: The service information referenced in this AD 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 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, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

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: A proposal to amend part 39 of the Federal 
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 November 16, 
1998 (63 FR 63620). That action proposed to 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, that action also proposed to require installing new 
stainless steel plates onto the upper rear nacelle structure.

Conclusion

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public. 
The FAA has determined that air safety and the public interest require 
the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 171 Model EMB-120 series airplanes of U.S. 
registry will be affected by this AD.
    It will take approximately 9 work hours per airplane to accomplish 
the required actions on airplanes listed in ``Part I'' of EMBRAER 
Service Bulletin S.B. 120-54-0035, Change 02, at an average labor rate 
of $60 per work hour. Required parts will cost approximately $337 per 
airplane. Based on these figures, the cost impact of the AD on U.S. 
operators of airplanes listed in ``Part I'' of the service bulletin is 
estimated to be $877 per airplane.
    It will take approximately 2 work hours per airplane to accomplish 
the actions on airplanes listed in ``Part II'' of EMBRAER Service 
Bulletin S.B. 120-

[[Page 4030]]

54-0035, Change 02, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the 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 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:
99-02-18  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-11012. 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 S.B. 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 S.B. 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 S.B. 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.
    (g) The actions shall be done in accordance with EMBRAER Service 
Bulletin S.B. 120-54-0035, Change 02, dated May 29, 1998. 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 Empresa Brasileira de Aeronautica 
S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos Campos--SP, 
Brazil. Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at FAA, 
Small Airplane Directorate, Atlanta Aircraft Certification Office, 
One Crown Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, 
Georgia; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

    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.

    (h) This amendment becomes effective on March 3, 1999.


    Issued in Renton, Washington, on January 15, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-1545 Filed 1-26-99; 8:45 am]
BILLING CODE 4910-13-P