[Federal Register Volume 65, Number 70 (Tuesday, April 11, 2000)]
[Proposed Rules]
[Pages 19345-19348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8993]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-66-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 supersedure of an existing 
airworthiness directive (AD), applicable to all EMBRAER Model EMB-120 
series airplanes, that currently requires repetitive visual checks or 
inspections to verify that the flight idle stop system circuit breakers 
are closed, and repetitive functional tests to determine if the backup 
flight idle stop system is operative. This action would require 
modification of the secondary flight idle stop system, which would 
terminate the repetitive actions. This proposal also would remove 
certain airplanes from the applicability. 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 an inoperative backup flight idle stop system.

DATES: Comments must be received by May 11, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-66-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 Haynes, Aerospace Engineer, 
Propulsion Branch, ACE-117A, FAA, Small Airplane Directorate, Atlanta 
Aircraft Certification Office, One Crown Center, 1895 Phoenix 
Boulevard, suite 450, Atlanta, Georgia 30349; 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 2000-NM-66-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. 2000-NM-66-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On August 12, 1992, the FAA issued AD 92-16-51, amendment 39-8355 
(57 FR 40838, September 8, 1992), applicable to all EMBRAER Model EMB-
120 series airplanes, to require repetitive visual checks or 
inspections to verify that the flight idle stop system circuit breakers 
are closed, and functional tests to determine if the backup flight idle 
stop system is operative. That action was prompted by a report of an 
overspeed condition that occurred on both engines of one airplane 
during flight; both of the circuit breakers in the backup flight idle 
stop system circuit were open, which may have contributed to this 
condition. The requirements of that AD are intended to prevent an 
inoperative backup flight idle stop system and potential engine 
failure.

Related Rulemaking

    A related AD [AD 90-17-12, amendment 39-6696 (55 FR 33107, August 
14, 1990)], applicable to certain EMBRAER Model EMB-120 series 
airplanes, was issued to require installation of an electromechanical 
lockout device to prevent movement of the power control levers below 
the flight idle position while the airplane is in flight. Operators 
should note that issuance of this proposed AD would not remove or alter 
the requirements of AD 90-17-12.

Actions Since Issuance of AD 92-16-51

    In the preamble to AD 92-16-51, the FAA indicated that the actions 
required by that AD were considered ``interim action'' and that further 
rulemaking action was being considered. Additionally, since issuance of 
AD 92-16-51, the Departmento de Aviacao Civil (DAC), which is the 
airworthiness

[[Page 19346]]

authority for Brazil, has advised the FAA that the reliability of the 
secondary flight idle stop system (SFISS) has been low, and that the 
SFISS has been shown to be vulnerable to certain maintenance-originated 
failure modes. The manufacturer has developed a modification that 
adequately addresses the unsafe condition identified by this AD, and 
the FAA has determined that further rulemaking action is indeed 
necessary; this proposed AD follows from that determination.
    The actions specified by the proposed AD are intended to increase 
the SFISS reliability and add a failure annunciation. These actions are 
intended to prevent an inoperative backup flight idle stop system, and 
will terminate the requirements of AD 92-16-51.

Explanation of Relevant Service Information

    EMBRAER has issued three service bulletins that affect different 
groups of airplanes and describe procedures for modification of the 
SFISS for EMBRAER Model EMB-120 series airplanes.
    Service Bulletin 120-76-0015, Change No. 05, dated September 9, 
1999, describes procedures for replacing the single-coil solenoid, the 
back-lighted cockpit indicators, and the resistor dimmer with new 
parts; installing two new relays in the SFISS; and replacing the 
existing solenoid assembly (comprising a solenoid and stop mechanism) 
and power control bellcrank with new parts.
    Service Bulletin 120-76-0018, Change No. 01, dated September 9, 
1999, describes procedures for replacing the solenoid assemblies, 
certain circuit breakers, and lighted indicators with new, improved 
parts; installing a terminal board, resistors, wiring, and relays; and 
changing the power sources.
    Service Bulletin 120-76-0022, dated September 9, 1999, describes 
procedures for replacing the solenoid assemblies and the power control 
bellcrank with new parts; reidentifying the solenoid assemblies; and 
installing two new cover/clamp-supports.
    Accomplishment of the actions specified in the service bulletins is 
intended to adequately address the identified unsafe condition. The DAC 
classified these service bulletins as mandatory and issued Brazilian 
airworthiness directive 90-07-04R4, dated October 4, 1999, 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 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 supersede AD 92-16-51 to 
continue to require repetitive visual checks or inspections to verify 
that the flight idle stop system circuit breakers are closed, and 
repetitive functional tests to determine if the backup flight idle stop 
system is operative. This proposed AD would require modification of the 
SFISS, which would terminate the requirements for the repetitive 
actions. The actions of the proposed AD would be required to be 
accomplished in accordance with the service bulletins described 
previously.

Revised Applicability

    This proposed AD would revise the applicability of AD 92-16-51 to 
remove airplanes on which an equivalent modification, which adequately 
addresses the identified unsafe condition, is installed during 
production.

Cost Impact

    There are approximately 230 airplanes of U.S. registry that would 
be affected by this proposed AD.
    The actions that are currently required by AD 92-16-51 take 
approximately 5 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the currently required actions on U.S. operators is estimated 
to be $69,000, or $300 per airplane, per inspection cycle.
    The approximate cost, at an average labor rate of $60 per work 
hour, for the modifications proposed by this AD are listed below.

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                                                                                                        Cost per
               Service Bulletin                 Work hours                  Parts cost                  airplane
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120-76-0015:
    Part I...................................            4  $4,376                                        $4,616
    Part II..................................            2  14,331                                        14,451
120-76-0018..................................           50  20,000--(varies with config.)                 23,000
120-76-022:
    Part I...................................            2  14,150                                        14,270
    Part II..................................            2  2,429                                          2,549
    Part III.................................            2  14,229                                        14,349
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Therefore, based on these figures, the cost impact of the modification 
proposed by this AD on U.S. operators is estimated to range from $2,549 
to $23,000 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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 a substantial direct 
effect 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, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    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

[[Page 19347]]

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 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 removing amendment 39-8355 (57 FR 
40838, September 8, 1992), and by adding a new airworthiness directive 
(AD), to read as follows:

EMPRESA BRASILEIRA DE AERONAUTICA S.A. (EMBRAER): Docket 2000-NM-66-
AD. Supersedes AD 92-16-51, Amendment 39-8355.

    Applicability: Model EMB-120 series airplanes, certificated in 
any category; serial numbers 120004 through 120354 inclusive.

    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)(1) 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 an inoperative backup flight idle stop system, 
accomplish the following:

Restatement of Certain Requirements of AD 92-16-51:

    (a) For all airplanes: Within 5 days after September 23, 1992 
(the effective date of AD 92-16-51, amendment 39-8355), and 
thereafter prior to the first flight of each day until the 
requirements of paragraph (d) of this AD have been accomplished, 
accomplish paragraph (a)(1) or (a)(2) of this AD, as applicable:
    (1) For airplanes on which an inspection window has been 
installed on the left lateral console panel that permits visibility 
of the flight idle stop solenoid circuit breakers: Using an 
appropriate light source, perform a visual check to verify that both 
``FLT IDLE STOP SOL'' circuit breakers CB0582 and CB0583 for engine 
1 and engine 2 are closed.

    Note 2:
    This check may be performed by a flight crew member.


    Note 3:
    Instructions for installation of an inspection window can be 
found in EMBRAER Information Bulletin 120-076-0003, dated November 
19, 1991; or EMBRAER Service Bulletin 120-076-0014, dated July 29, 
1992.

    (2) For airplanes on which an inspection window has not been 
installed on the left lateral console panel: Perform a visual 
inspection to verify that both ``FLT IDLE STOP SOL'' circuit 
breakers CB0582 and CB0583 for engine 1 and engine 2 are closed.
    (b) As a result of the check or inspection performed in 
accordance with paragraph (a) of this AD: If circuit breakers CB0582 
and CB0583 are not closed, prior to further flight, reset them and 
perform the functional test specified in paragraph (c) of this AD.
    (c) Within 5 days after September 23, 1992, and thereafter at 
intervals not to exceed 75 hours time-in-service, or immediately 
following any maintenance action where the power levers are moved 
with the airplane on jacks, until the requirements of paragraph (d) 
of this AD have been accomplished, conduct a functional test of the 
backup flight idle stop system for engine 1 and engine 2 by 
performing the following steps:
    (1) Move both power levers to the ``MAX'' position.
    (2) Turn the aircraft power select switch on.
    (3) Open both ``AIR/GROUND SYSTEM'' circuit breakers CB0283 and 
CB0286 to simulate in-flight conditions with weight-off-wheels. Wait 
for at least 15 seconds, then move both power levers back toward the 
propeller reverse position with the flight idle gate triggers 
raised. Verify that the power lever for each engine cannot be moved 
below the flight idle position, even though the flight idle gate 
trigger on each power lever is raised.
    (4) If the power lever can be moved below the flight idle 
position, prior to further flight, restore the backup flight idle 
stop system to the configuration specified in EMBRAER Service 
Bulletin 120-076-0009, Change No. 4, dated November 1, 1990, and 
perform a functional test.

    Note 4:
    If the power lever can be moved below flight idle, this 
indicates that the backup flight idle stop system is inoperative.

    (5) Move both power levers to the ``MAX'' position.
    (6) Close both ``AIR/GROUND SYSTEM'' circuit breakers CB0283 and 
CB0286. Wait for at least 15 seconds, then move both power levers 
back toward the propeller reverse position with the flight idle gate 
triggers raised. Verify that the power lever for each engine can be 
moved below the flight idle position.
    (7) If either or both power levers cannot be moved below the 
flight idle position, prior to further flight, inspect the backup 
flight idle stop system and the flight idle gate system, and 
accomplish either paragraph (c)(7)(i) or (c)(7)(ii) of this AD, as 
applicable:
    (i) If the backup flight idle stop system is failing to 
disengage with weight-on-wheels, prior to further flight, restore 
the system to the configuration specified in EMBRAER Service 
Bulletin 120-076-0009, Change No. 4, dated November 1, 1990.
    (ii) If the flight idle gate system is failing to open even 
though the trigger is raised, prior to further flight, repair in 
accordance with the EMBRAER Model EMB-120 maintenance manual.
    (8) Turn the power select switch off. The functional test is 
completed.

New Requirements of This AD:

    (d) Within 18 months after the effective date of this AD, modify 
the secondary flight idle stop system (SFISS), as specified by 
paragraph (d)(1), (d)(2), or (d)(3), as applicable, of this AD. 
Accomplishment of the modification constitutes terminating action 
for the requirements of this AD.
    (1) For airplane serial number 120068: Modify the SFISS in 
accordance with Parts I and II of EMBRAER Service Bulletin 120-76-
0015, Change No. 05, dated September 9, 1999.
    (2) For airplanes having serial numbers 120004 through 120067 
inclusive and 120069 through 120344 inclusive, on which the actions 
specified by the original issue of EMBRAER Service Bulletin 120-76-
0018, dated September 17, 1998, have not been accomplished: Modify 
the SFISS in accordance with EMBRAER Service Bulletin 120-76-0018, 
Change No. 01, dated September 9, 1999.
    (3) For airplanes having serial numbers 120345 through 120354 
inclusive; and for airplanes having serial numbers 120004 through 
120345 inclusive, on which the actions specified by the original 
issue of EMBRAER Service Bulletin 120-76-0018, dated September 17, 
1998, have been incorporated: Modify the SFISS in accordance with 
Part I, II, or III, as applicable, of EMBRAER Service Bulletin 120-
76-0022, dated September 9, 1999.

    Note 5:
    Accomplishment of the requirements of paragraph (d) of this AD 
does not remove or otherwise alter the requirement to perform the 
repetitive (400-flight-hour) CAT 8 task checks specified by the 
Maintenance Review Board (MRB).

Alternative Methods of Compliance

    (e)(1) 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.

[[Page 19348]]

    (2) Alternative methods of compliance, approved previously for 
paragraphs (a), (b), and (c) of AD 92-16-51, are considered to be 
approved as alternative methods of compliance with the inspection 
requirements of paragraphs (a), (b), and (c) of this AD. No 
alternative methods of compliance have been approved in accordance 
with AD 92-16-51 as terminating action for this AD.

    Note 6: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

Special Flight Permits

    (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 7: The subject of this AD is addressed in Brazilian 
airworthiness directive 90-07-04R4, dated October 4, 1999.


    Issued in Renton, Washington, on April 5, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-8993 Filed 4-10-00; 8:45 am]
BILLING CODE 4910-13-U