[Federal Register Volume 65, Number 187 (Tuesday, September 26, 2000)]
[Rules and Regulations]
[Pages 57724-57726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24113]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-122-AD; Amendment 39-11908; AD 2000-19-07]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-120, EMB-120ER, and EMB-120RT Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

[[Page 57725]]


ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-120, EMB-120ER, and EMB-120RT 
series airplanes, that requires removal of a certain fastener, if 
applicable, and sealing of the corresponding fastener hole. This action 
is necessary to prevent contact between one of the bolts that attaches 
the direct current (DC) relay box on the left-hand side of the airplane 
and one of the power terminals of electrical emergency contactor 2, 
which could result in a short circuit in the DC relay box, and 
consequent partial loss of the electrical system, and degraded 
operation of airplane systems. This action is intended to address the 
identified unsafe condition.

DATES: Effective October 31, 2000. The incorporation by reference of 
certain publications listed in the regulations is approved by the 
Director of the Federal Register as of October 31, 2000.

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, 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: Carla Worthey, Program Manager, 
Program Management and Systems 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: 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, 
EMB-120ER, and EMB-120RT series airplanes was published in the Federal 
Register on June 27, 2000 (65 FR 39576). That action proposed to 
require removal of a certain fastener, if applicable, and sealing of 
the corresponding fastener hole.

Comments

    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.

Conclusion

    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 240 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Based on these figures, the cost impact of 
the AD on U.S. operators is estimated to be $14,400, or $60 per 
airplane.
    The cost impact figure discussed above is 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. 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 adopted herein will 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 final rule does not have federalism 
implications under Executive Order 13132.
    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:

2000-19-07 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-11908. Docket 2000-NM-122-AD.

    Applicability: Model EMB-120, EMB-120ER, and EMB-120RT series 
airplanes; serial numbers 120004 and 120006 through 120321 
inclusive; certificated in any category; on which EMBRAER Service 
Bulletin 120-24-0051, dated March 1, 1994; Revision 1, dated May 5, 
1994; Revision 2, dated May 31, 1994; Revision 3, dated November 3, 
1994; Revision 4, dated March 8, 1995; or the production equivalent, 
has been accomplished.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (b) 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 contact between one of the bolts that attaches the 
direct current (DC) relay box on the left-hand (LH) side of the 
airplane (hereinafter referred to as the ``LH DC relay box'') and 
one of the power terminals of electrical emergency contactor 2 
(K0519), which could result in a short circuit in the LH DC relay 
box, and consequent partial loss of the electrical system, and 
degraded operation of airplane systems, accomplish the following:

Bolt/Washer Removal and Hole Sealing

    (a) Within 75 flight hours after the effective date of this AD, 
remove the bolt and washer on the LH DC relay box that is in the 
area of electrical emergency contactor 2 (K0519) and seal the 
corresponding fastener hole, in accordance with EMBRAER Alert 
Service Bulletin 120-24-A057, dated November 14,

[[Page 57726]]

1996. If no fastener is installed, seal the corresponding fastener 
hole only, in accordance with the alert service bulletin.

Alternative Methods of Compliance

    (b) 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. 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

    (c) 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.

Incorporation by Reference

    (d) The actions shall be done in accordance with EMBRAER Alert 
Service Bulletin 120-24-A057, dated November 14, 1996. 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 the 
FAA, 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 directive 96-12-02, dated December 13, 1996.

Effective Date

    (e) This amendment becomes effective on October 31, 2000.

    Issued in Renton, Washington, on September 14, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-24113 Filed 9-25-00; 8:45 am]
BILLING CODE 4910-13-P