[Federal Register Volume 65, Number 189 (Thursday, September 28, 2000)]
[Rules and Regulations]
[Pages 58219-58221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24745]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / 
Rules and Regulations  

[[Page 58219]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-305-AD; Amendment 39-11911; AD 2000-19-10]
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; request for comments.

-----------------------------------------------------------------------

SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to all EMBRAER Model EMB-120 series airplanes, that 
currently requires a one-time inspection of the movable backstop of the 
elevator pitch trim command system to ensure that it is installed 
correctly, and corrective action, if necessary. That AD also requires 
installation of a guide to maintain the movable backstop in its correct 
position. This amendment adds a requirement for an additional one-time 
inspection. This amendment is prompted by issuance of mandatory 
continuing airworthiness information by a foreign civil airworthiness 
authority. The actions specified in this AD are intended to prevent a 
sudden change in pitch attitude caused by autopilot disconnect, which 
could result in reduced controllability of the airplane.

DATES: Effective October 13, 2000.
    The incorporation by reference of EMBRAER Service Bulletin S.B. 
120-27-0081, dated September 1, 2000, is approved by the Director of 
the Federal Register as of October 13, 2000.
    The incorporation by reference of EMBRAER Alert Service Bulletin 
120-27-A081, Change 01, dated October 9, 1997, was approved previously 
by the Director of the Federal Register as of January 13, 1998 (62 FR 
67552, December 29, 1997).
    Comments for inclusion in the Rules Docket must be received on or 
before October 30, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-305-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-305-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 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 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.

FOR FURTHER INFORMATION CONTACT: Rob Capezzuto, Aerospace Engineer, 
Systems and Flight Test Branch, ACE-116A, FAA, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, Suite 
450, Atlanta, Georgia 30349; telephone (770) 703-6071; fax (770) 703-
6097.

SUPPLEMENTARY INFORMATION: On December 19, 1997, the FAA issued AD 97-
26-22, amendment 39-10265 (62 FR 67552, December 29, 1997), applicable 
to all EMBRAER Model EMB-120 series airplanes, to require a one-time 
inspection of the movable backstop of the elevator pitch trim command 
system to ensure that it is installed correctly, and corrective action, 
if necessary. That AD also requires installation of a guide to maintain 
the movable backstop in its correct position. That action was prompted 
by issuance of mandatory continuing airworthiness information by a 
foreign civil airworthiness authority. The actions required by that AD 
are intended to prevent a sudden change in pitch attitude caused by 
autopilot disconnect, which could result in reduced controllability of 
the airplane.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 97-26-22, the Departmento de Aviacao Civil 
(DAC), which is the airworthiness authority for Brazil, advises that a 
recent incident occurred that was similar to the event specified in the 
preamble of AD 97-26-22, which revealed that the unsafe condition may 
still exist.
    The manufacturer has issued EMBRAER Service Bulletin S.B. 120-27-
0081, dated September 1, 2000. This new service information adds a one-
time inspection of the movable backstop of the elevator pitch trim 
command system and the rigging of the elevator trim to verify proper 
adjustment of the system and correct rigging of the elevator trim tab, 
and corrective actions, if necessary. The corrective actions consist of 
adjusting the system and/or the rigging in accordance with the 
instructions specified in Chapter 27-32-00 (Flight Controls) of the 
EMBRAER Maintenance Manual. The new service bulletin also describes 
procedures for installation of a guide to maintain the movable backstop 
in position in the spiral groove on the pitch trim right control wheel. 
That installation was specified in EMBRAER Alert Service Bulletin S.B. 
120-27-A081, Change 01, dated October 9, 1997 (referenced as the 
appropriate source of service information for accomplishment of the 
actions specified in AD 97-26-22).
    The DAC classified this service bulletin as mandatory 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

[[Page 58220]]

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 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, this AD supersedes AD 97-26-22 to continue to 
require a one-time inspection of the movable backstop of the elevator 
pitch trim command system to ensure that it is installed correctly, and 
corrective action, if necessary. This AD also continues to require 
installation of a guide to maintain the movable backstop in its correct 
position. This amendment adds an additional one-time inspection. The 
actions are required to be accomplished in accordance with the service 
bulletin described previously, except as discussed below.

Differences Between Rule and Related Service Information

    Operators should note that the service bulletin specifies 
accomplishment of a one-time inspection of the movable backstop of the 
elevator pitch trim command system and the rigging of the elevator trim 
tab within the next 400 flight hours; however, the FAA finds that such 
a compliance time will not ensure that the inspection is accomplished 
in a timely manner. In developing an appropriate compliance time for 
the inspection, the FAA considered not only the manufacturer's 
recommendation, but the degree of urgency associated with addressing 
the subject unsafe condition, as well as the compliance time for the 
actions required. The FAA finds accomplishment of the one-time 
inspection within 100 flight hours after the effective date of this AD 
to be warranted, in that this represents an appropriate amount of time 
allowable for affected airplanes to continue to operate without 
compromising safety.
    Operators also should note that, while the service bulletin does 
not specify the type of inspection of the movable backstop of the 
elevator pitch trim command system and the rigging of the elevator trim 
tab to detect discrepancies, this AD would require a general visual 
inspection to detect such discrepancies. A note has been included in 
this AD to define that inspection.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    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 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 rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-305-AD.'' The postcard will be date stamped 
and returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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 removing amendment 39-10265 (62 FR 
67552, December 29, 1997), and by adding a new airworthiness directive 
(AD), amendment 39-11911, to read as follows:

2000-19-10  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-11911. Docket 2000-NM-305-AD. Supersedes AD 97-26-22, 
Amendment 39-10265.

    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

[[Page 58221]]

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 (d) 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 a sudden change in pitch attitude caused by autopilot 
disconnect, which could result in reduced controllability of the 
airplane, accomplish the following:

Restatement of Requirements of 
AD 97-26-22

One-Time Inspection

    (a) Within 20 flight hours after January 13, 1998 (the effective 
date of AD 97-26-22, amendment 39-10265), perform a one-time general 
visual inspection of the movable backstop of the elevator pitch trim 
command system to ensure that it is installed correctly, in 
accordance with Part I of the Accomplishment Instructions of EMBRAER 
Alert Service Bulletin 120-27-A081, Change 01, dated October 9, 
1997. If any discrepancy is found, before further flight, accomplish 
follow-on corrective actions, in accordance with the alert service 
bulletin.

Modification

    (b) Within 75 flight hours after January 13, 1998, install a 
guide for the movable backstop of the elevator pitch trim command 
system, in accordance with Part II of the Accomplishment 
Instructions of EMBRAER Alert Service Bulletin 120-27-A081, Change 
01, dated October 9, 1997, or EMBRAER Service Bulletin S.B. 120-27-
0081, dated September 1, 2000. As of the effective date of this AD, 
only EMBRAER Service Bulletin S.B. 120-27-0081 may be used for 
accomplishment of this paragraph.

New Requirements of This AD

One-Time Inspection

    (c) Within 100 flight hours after the effective date of this AD: 
Perform a one-time general visual inspection of the movable backstop 
of the elevator pitch trim command system to verify proper 
adjustment of the system and correct rigging of the elevator trim 
tab in accordance with the Accomplishment Instructions of EMBRAER 
Service Bulletin S.B. 120-27-0081, dated September 1, 2000. If any 
discrepancy is detected, before further flight, accomplish follow-on 
corrective actions in accordance with the service bulletin.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop-light and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Alternative Methods of Compliance

    (d)(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. 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 97-26-22, amendment 39-10265, are approved as 
alternative methods of compliance with this AD.

    Note 3: 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

    (e) 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

    (f) The actions shall be done in accordance with EMBRAER Alert 
Service Bulletin 120-27-A081, Change 01, dated October 9, 1997; and 
EMBRAER Service Bulletin S.B. 120-27-0081, dated September 1, 2000.
    (1) The incorporation by reference of EMBRAER Service Bulletin 
S.B. 120-27-0081, dated September 1, 2000, is approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51.
    (2) The incorporation by reference of EMBRAER Alert Service 
Bulletin 120-27-A081, Change 01, dated October 9, 1997 was approved 
previously by the Director of the Federal Register as of January 13, 
1998 (62 FR 67552, December 29, 1997).
    (3) 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.

Effective Date

    (g) This amendment becomes effective on October 13, 2000.

    Issued in Renton, Washington, on September 21, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-24745 Filed 9-27-00; 8:45 am]
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