[Federal Register Volume 65, Number 183 (Wednesday, September 20, 2000)]
[Proposed Rules]
[Pages 56811-56814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24117]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-125-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 revising the Airplane Flight 
Manual (AFM) to include requirements for activation of the ice 
protection systems and to add information regarding operation in icing 
conditions; installing an ice detector system; and revising the AFM to 
include procedures for testing system integrity. This action would 
require installing the ice detector system in accordance with revised 
procedures. 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 
ensure that the flightcrew is able to recognize the formation of 
significant ice accretion and take appropriate action; such formation 
of ice could result in reduced controllability of the airplane in 
normal icing conditions.

DATES: Comments must be received by October 20, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-125-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. Comments may also be sent via the Internet using the 
following address: [email protected]. Comments sent via the 
Internet must contain ``Docket No. 2000-NM-125-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, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia.

FOR FURTHER INFORMATION CONTACT: Carla Worthey, Program Manager, 
Program Management & Services Branch, ACE-118A, FAA, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia 30349; telephone (770) 703-6062; 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-125-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-125-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On December 11, 1997, the FAA issued AD 97-26-06, amendment 39-
10249 (62 FR 66512, December 19, 1997), applicable to all EMBRAER Model 
EMB-120 series airplanes, to require revising the Airplane Flight 
Manual (AFM) to include requirements for activation of the ice 
protection systems and to add information regarding operation in icing 
conditions;

[[Page 56812]]

installing an ice detector system; and revising the AFM to include 
procedures for testing system integrity. That action was prompted by 
reports indicating that flightcrews experienced difficulties 
controlling the airplane during (or following) flight in normal icing 
conditions, when the ice protection system either was not activated 
when ice began to accumulate on the airplane, or the ice protection 
system was never activated. These difficulties may have occurred 
because the flightcrews did not recognize that a significant enough 
amount of ice had formed on the airplane to require activation of the 
deicing equipment. The requirements of that AD are intended to ensure 
that the flightcrew is able to recognize the formation of significant 
ice accretion and take appropriate action; such formation of ice could 
result in reduced controllability of the airplane in normal icing 
conditions.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the Departmento de Aviacao Civil 
(DAC), which is the airworthiness authority for Brazil, has advised the 
FAA that certain procedures (required by AD 97-26-06) for installing 
the ice detector system improperly affect the logic of the deicing 
system warning messages. The manufacturer has issued revised 
procedures.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 120-30-0027, Change 02, dated 
December 3, 1997; Change 03, dated June 26, 1998; and Change 04, dated 
July 13, 1999. The service bulletin describes procedures for installing 
an ice detector system. The procedures described in Changes 02-04 
differ in several ways from those described in the original version of 
the service bulletin (which was cited in AD 97-26-06 as the appropriate 
source of service information for the installation) and its first 
revision. Changes 02-04 provide:
     Additional actions for airplanes modified in accordance 
with the original or first revised service bulletin.
     Additional installation instructions for airplanes that 
were originally equipped with provisions only for the system 
installation.
     Information to correct the system accomplishment.
     Correction of certain editorial errors.
     Correction of certain effectivity listings.
     Correction of information in certain steps related to 
follow-up testing.
    The DAC classified Change 02 and subsequent revisions of the 
service bulletin as mandatory and issued Brazilian airworthiness 
directive 97-06-03R1, dated December 15, 1997, 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 supersede AD 97-26-06 to 
continue to require revising the Airplane Flight Manual (AFM) to 
include requirements for activation of the ice protection systems and 
to add information regarding operation in icing conditions; installing 
an ice detector system; and revising the AFM to include procedures for 
testing system integrity. The proposed AD would require that the ice 
detector system be installed in accordance with revised procedures. The 
actions would be required to be accomplished in accordance with the AFM 
revisions, and in accordance with Change 02, 03, or 04 of the service 
bulletin, all described previously.

Difference Between Proposed AD and Foreign Airworthiness Directive

    This proposed AD and the Brazilian airworthiness directive differ 
in the compliance times to install the ice detector system. The 
Brazilian airworthiness directive mandated the installation by June 1, 
1998 (6 months after the effective date). However, the FAA has 
determined that an interval of six months would not address the 
identified unsafe condition in a timely manner. In developing an 
appropriate compliance time for this AD, the FAA considered not only 
the manufacturer's recommendation, but the degree of urgency associated 
with addressing the subject unsafe condition, the average utilization 
of the affected fleet, and the time necessary to install the ice 
detector system. In light of these factors, the FAA finds a 30-day 
compliance time for initiating the required actions to be warranted, in 
that it represents an appropriate interval of time allowable for 
affected airplanes to continue to operate without compromising safety.

Cost Impact

    There are approximately 250 airplanes of U.S. registry that would 
be affected by this proposed AD.
    The AFM revisions currently required by AD 97-26-06 and retained in 
this proposed AD take approximately 1 work hour per airplane to 
accomplish, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of the AFM revision on U.S. operators is 
estimated to be $60 per airplane.
    The complete installation currently required by AD 97-26-06 and 
retained in this proposed AD takes approximately 53 work hours per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Required parts would cost approximately $13,054 per airplane. Based on 
these figures, the cost impact of the installation on U.S. operators is 
estimated to be $16,234 per airplane.
    The additional installations described in Parts III and IV of 
EMBRAER Service Bulletin 120-30-0027 (Change 02, 03, or 04) would each 
take approximately 5 work hours per airplane. The additional tests 
described in Part VI would take approximately 2 work hours per airplane 
to accomplish. The average labor rate is $60 per work hour. Information 
regarding the cost of parts required to accomplish the modifications 
described in Parts III and IV is unavailable at this time; there would 
be no cost for parts required to complete Part VI. Based on these 
figures, the cost impact of the additional modifications and tests 
proposed by this AD on U.S. operators required for those airplanes that 
have previously complied with the original issue or Change 01 of the 
service bulletin is estimated to be as high as $420 per airplane 
(excluding parts).
    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

[[Page 56813]]

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 removing amendment 39-10249 (62 FR 
66512, December 19, 1997), and by adding a new airworthiness directive 
(AD), to read as follows:

Empresa Brasileira de Aeronautica, S.A. (EMBRAER): Docket 2000-NM-
125-AD. Supersedes AD 97-26-06, Amendment 39-10249.

    Applicability: All Model EMB-120 series airplanes, 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)(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 ensure that the flightcrew is able to recognize the formation 
of significant ice accretion, which could result in reduced 
controllability of the airplane in normal icing conditions, 
accomplish the following:

Restatement of Certain Requirements of AD 97-26-06

    (a) Within 30 days after January 23, 1998 (the effective date of 
AD 97-26-06, amendment 39-10249), accomplish paragraphs (a)(1) and 
(a)(2) of this AD.

AFM Revisions--Limitations Section

    (1) Revise the Limitations Section of the FAA-approved Airplane 
Flight Manual (AFM) to include the following requirements for 
activation of the ice protection systems. This may be accomplished 
by inserting a copy of this AD in the AFM.
    TURN ON ICE PROTECTION SYSTEM and IGNITION SWITCHES AS FOLLOWS:
     AOA, TAT, SLIP, ENGINE AIR INLET, and IGNITION 
SWITCHES:

    --When atmospheric or ground icing conditions exist.
     PROPELLER:
    --When atmospheric or ground icing conditions exist, OR
    --At the first sign of ice formation anywhere on the aircraft.
     WING and TAIL LEADING EDGES, and WINDSHIELD:
    --At the first sign of ice formation anywhere on the aircraft.

    Note: On takeoff, delay activation of the wing and tail leading 
edge de-ice systems until reaching the final segment speed.


    Note: Atmospheric icing conditions exist when:
    --Indicated Outside Air Temperature (OAT) during ground 
operations or Total Air Temperature (TAT) in flight is 10 degrees C 
or below; and
    --Visible moisture in any form is present (such as clouds, fog 
with visibility of one mile or less, rain, snow, sleet, or ice 
crystals).


    Note: Ground icing conditions exist when:
    --Indicated OAT during ground operations is 10 degrees C or 
below; and
    --Surface snow, standing water, or slush is present on the 
ramps, taxiways, or runways.


    Note: For Operation in Atmospheric Icing Conditions:

    --Follow the procedures in the Normal Procedures Section under 
``Operation in Icing Conditions.''

AFM Revisions--Normal Procedures Section

    (2) Revise the Normal Procedures Section of the FAA-approved AFM 
to include the following additional and revised information 
regarding operation in icing conditions. This may be accomplished by 
inserting a copy of this AD in the AFM.
    ``Under DAILY CHECKS of the Ice Protection System, add the 
following:
    The following tests must be performed prior to the first flight 
of the day for which known or forecast icing conditions are 
anticipated.
    Ice Detector System TEST Button (if installed)--PRESS
    Check normal test sequence.
    Under APPROACH Checklist, add the following:
    Minimum Airspeed--APPROPRIATE TO FLAP POSITION (See Table Below)

------------------------------------------------------------------------
               Gear/Flap                   Minimum recommended airspeed
------------------------------------------------------------------------
UP/0 deg...............................  150 KIAS
UP/15 deg..............................  130 KIAS
------------------------------------------------------------------------

    Under OPERATION IN ICING CONDITIONS for FLYING INTO ICING 
CONDITION, replace the current AFM section information for normal 
icing conditions with the following:
    --During flight, monitoring for icing conditions should start 
whenever the indicated outside air temperature is near or below 
freezing or when operating into icing conditions, as specified in 
the Limitations Section of this manual.
    --When operating in icing conditions, the front windshield 
corners (unheated areas), propeller spinners, and wing leading edges 
will provide good visual cues of ice accretion.
    --For airplanes equipped with an ice detection system, icing 
conditions will also be indicated by the illumination of the ICE 
CONDITION light on the multiple alarm panel.
    --When atmospheric or ground icing conditions exist, proceed as 
follows:
    AOA, TAT, SLIP, and ENGINE AIR INLET--ON
    IGNITION Switches--ON
    AIRSPEED (Flaps and Gear UP)--60 KIAS MINIMUM
    --When atmospheric or ground icing conditions exist, OR
    --At the first sign of ice formation anywhere on the aircraft, 
proceed as follows:
    PROPELLER Deicing Switch--ON
    Select NORM mode if indicated OAT is above -10 deg.C (14 deg.F) 
or COLD mode if indicated OAT is below -10 deg.C (14 deg.F).
    --At the first sign of ice formation anywhere on the aircraft, 
proceed as follows:
    WINDSHIELD--ON
    WING and TAIL LEADING EDGE--ON
    Visually evaluate the severity of the ice encounter and the rate 
of accretion and select light or heavy mode (1-minute or 3-minute 
cycle) based on this evaluation.

    Note: On takeoff, delay activation of the wing and tail leading 
edge de-ice systems until reaching the final segment speed.


    Note: The minimum NH required for proper operation of the 
pneumatic deicing system is 80%. At lower NH values, the pneumatic 
deicing system may not totally inflate, and the associated failure 
lights on the overhead panel may illuminate. If this occurs, 
increase NH.

    Holding configuration:
    Landing Gear Lever--UP
    Flap Selector Lever--UP
    NP--85% MINIMUM
    Increase NP as required to eliminate propeller 
vibrations.
    Approach and Landing procedure:

[[Page 56814]]

    Increase approach and landing speeds, according to the following 
flap settings, until landing is assured. Reduce airspeed to cross 
runway threshold (50 ft) at VREF.
Flaps 15--Increase Speed by 10 KIAS (130+10)
Flaps 25--Increase Speed by 10 KIAS (VREF25+10)
Flaps 45--Increase Speed by 5 KIAS (VREF45+5)
    Go-Around procedure:
    Reduce values from Maximum Landing Weight Approach Climb Limited 
charts by:
1500 lbs. for PW 118 Engines
1544 lbs. for PW 118A and 118B Engines
    Flaps 15--Increase approach climb speed by 10 KIAS 
(V2+10);
    Decrease approach climb gradient by:
3.0% for PW 118 Engines
2.9% for PW 118A and 118B Engines
    Flaps 25--Increase landing climb speed by 10 KIAS 
(VREF25+10)
    Flaps 45--Increase landing climb speed by 5 KIAS 
(VREF+5)
    Caution: The ice protection systems must be turned on 
immediately (except leading edge de-icers during takeoff) when the 
ICE CONDITION light illuminates on the multiple alarm panel or when 
any ice accretion is detected by visual observation or other cues.
    Caution: Do not interrupt the automatic sequence of operation of 
the leading edge de-ice boots once it is turned ON. The system 
should be turned OFF only after leaving the icing conditions and 
after the protected surfaces of the wing are free of ice.''

New Requirements of this AD--Ice Detector Installation

    (b) For airplanes identified in any of Parts I, II, III, IV, V, 
and VI of EMBRAER Service Bulletin 120-30-0027, Change 02, dated 
December 3, 1997; Change 03, dated June 26, 1998; or Change 04, 
dated July 13, 1999: Within 30 days after the effective date of this 
AD, install an ice detector system in accordance with the service 
bulletin.

Alternative Methods of Compliance

    (c)(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, FAA. 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.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 97-26-06, amendment 39-10249, are approved as 
alternative methods of compliance with this AD.

    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 97-06-03R1, dated December 15, 1997.


    Issued in Renton, Washington, on September 14, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-24117 Filed 9-19-00; 8:45 am]
BILLING CODE 4910-13-U