[Federal Register Volume 65, Number 137 (Monday, July 17, 2000)]
[Proposed Rules]
[Pages 44013-44015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18042]


 ========================================================================
 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.
 
 ========================================================================
 

  Federal Register / Vol. 65, No. 137 / Monday, July 17, 2000 / 
Proposed Rules  

[[Page 44013]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-130-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 inspections of certain 
components, and corrective action, if necessary. This action is 
necessary to prevent deterioration and deformation of the mass-balance 
weights of the aileron, which could affect the surface balance of the 
aileron and result in loss of aileron control and consequent reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by August 16, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-130-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-130-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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: Satish Lall, 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) 703-6082; 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.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    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-130-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-130-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 the mass-balance weights of the aileron may deteriorate or 
become deformed. Such deterioration or deformation could affect the 
surface balance and lead to chafing between the exposed end of the 
mass-balance weight and the adjoining aileron hinge attachment. This 
condition, if not corrected, could result in loss of aileron control 
and consequent reduced controllability of the airplane.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 120-27-0077, Change No. 01, 
dated October 24, 1997, which, for certain airplanes, describes 
procedures for repetitive visual inspections to measure the gap between 
the mass-balance weights and aileron hinge attachment, and corrective 
action, if necessary. For all airplanes, the service bulletin describes 
procedures for performing a one-time detailed visual inspection of the 
mass-balance weights to detect any cavity, hole, or delamination, and 
follow-on actions. For affected airplanes, accomplishment of the one-
time detailed visual inspection eliminates the need for the repetitive 
inspections described previously. If no cavity, hole, or delamination 
is found,

[[Page 44014]]

follow-on actions involve visual inspection of the surface of the mass-
balance weights to detect white powder, and removal of any detected 
white powder. If any cavity, hole, or delamination is found, corrective 
action involves replacement of the mass-balance weights with new, 
improved parts. 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 directive 98-01-02, dated January 15, 
1998, in order to ensure 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 require accomplishment of 
the actions specified in the service bulletin described previously.

Differences Between DAC's Airworthiness Directive and This Proposed 
AD

    Operators should note that the DAC's airworthiness directive 
recommends that repetitive measurements of the gap between the mass-
balance weights and aileron hinge attachment, and corrective action, if 
necessary, be accomplished on all airplanes manufactured since March 1, 
1995. The FAA finds that it is clearer to refer to the airplanes 
affected by this AD by serial number rather than by date of 
manufacture. Therefore, this proposed AD would require these repetitive 
measurements for airplanes with serial numbers 120-0291, 120-0294, and 
120-0296 through 120-0333 inclusive.
    In addition, operators should note that, for the one-time detailed 
visual inspection of the mass-balance weights to detect any cavity, 
hole, or delamination, the DAC's airworthiness directive specifies 
separate compliance times depending on whether the airplane was 
manufactured before or after March 1, 1995. However, this proposed AD 
would require that this action be accomplished on all airplanes subject 
to this AD within 2,000 flight hours after the effective date of this 
AD. In developing an appropriate compliance time for this proposed AD, 
the FAA considered not only the DAC's recommendation, but the degree of 
urgency associated with addressing the subject unsafe condition, and 
the date the DAC's recommendation was issued. In light of these 
factors, the FAA finds that 2,000 flight hours represents an 
appropriate interval of time allowable for all affected airplanes to 
continue to operate without compromising safety.

Cost Impact

    The FAA estimates that approximately 28 U.S.-registered airplanes 
would be affected by the proposed requirement to measure the gap 
between the mass-balance weights and aileron hinge attachment. It would 
take approximately 2 work hours per airplane to accomplish the proposed 
measurement, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of this proposed requirement on U.S. 
operators is estimated to be $3,360, or $120 per airplane, per 
inspection cycle.
    The FAA estimates that approximately 230 U.S.-registered airplanes 
would be affected by the proposed detailed visual inspection of the 
mass-balance weights to detect any cavity, hole, or delamination. It 
would take approximately 8 work hours per airplane to accomplish this 
proposed inspection, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of these proposed requirements 
on U.S. operators is estimated to be $110,400, or $480 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. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

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 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 2000-NM-
130-AD.

    Applicability: Model EMB-120 series airplanes, serial numbers 
120-0001 through 120-0333 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 (c) of 
this AD.

[[Page 44015]]

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 deterioration and deformation of the mass-balance 
weights of the aileron, which could affect the surface balance of 
the aileron and result in loss of aileron control and consequent 
reduced controllability of the airplane, accomplish the following:

Measurement of Clearance and Corrective Actions

    (a) For airplanes having serial numbers 120-0291, 120-0294, and 
120-0296 through 120-0333 inclusive: Within 150 flight hours after 
the effective date of this AD, measure the clearance between the 
aileron mass-balance weights and attach fittings on the left and 
right sides of the airplane, in accordance with PART I of the 
Accomplishment Instructions of EMBRAER Service Bulletin 120-27-0077, 
Change No. 01, dated October 24, 1997.
    (1) If the clearance is within the acceptable limits described 
in the service bulletin, thereafter, repeat the measurement at 
intervals not to exceed 1,000 flight hours until the actions 
required by paragraph (b) of this AD have been accomplished.
    (2) If the clearance is outside the acceptable limits described 
in the service bulletin, prior to further flight, replace the 
affected mass-balance weight with a new, improved mass-balance 
weight, in accordance with PART III of the Accomplishment 
Instructions of the service bulletin. Such replacement terminates 
the requirement to accomplish paragraph (b) of this AD.

Detailed Visual Inspection and Follow-On Actions

    (b) For all airplanes: Within 2,000 flight hours after the 
effective date of this AD, perform a one-time detailed visual 
inspection of the aileron mass-balance weights to detect any cavity, 
hole, or delamination, in accordance with PART II of the 
Accomplishment Instructions of EMBRAER Service Bulletin 120-27-0077, 
Change No. 01, dated October 24, 1997. Such inspection constitutes 
terminating action for the repetitive inspections required by 
paragraph (a)(1) of this AD for airplanes subject to paragraph (a) 
of this AD.
    (1) If no cavity, hole, or delamination is detected: Prior to 
further flight, perform a one-time detailed visual inspection to 
detect white powder on the surface of the mass-balance weights, in 
accordance with PART II of the Accomplishment Instructions of the 
service bulletin. If any white powder is found, remove the white 
powder in accordance with the service bulletin.
    (2) If any cavity, hole, or delamination is found, prior to 
further flight, replace the affected mass-balance weight with a new, 
improved mass-balance weight, in accordance with PART III of the 
Accomplishment Instructions of the service bulletin.

Alternative Methods of Compliance

    (c) 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.

Special Flight Permits

    (d) 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 directive 98-01-02, dated January 15, 1998.


    Issued in Renton, Washington, on July 11, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-18042 Filed 7-14-00; 8:45 am]
BILLING CODE 4910-13-U