[Federal Register Volume 65, Number 195 (Friday, October 6, 2000)]
[Rules and Regulations]
[Pages 59708-59710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25150]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-356-AD; Amendment 39-11916; AD 2000-20-05]
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.

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SUMMARY: This amendment adopts a new airworthiness directive (AD),

[[Page 59709]]

applicable to certain EMBRAER Model EMB-120 series airplanes, that 
requires revising the Airplane Flight Manual (AFM), and either 
installing hydraulic tube assemblies incorporating a check valve, or 
visually inspecting the check valve if already installed and corrective 
action, if necessary. This amendment is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified by this AD are intended 
to prevent the landing gear doors from becoming blocked from opening 
during application of emergency procedures in the event of a loss of 
hydraulics.

DATES: Effective November 13, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 13, 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: Robert 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: 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 
series airplanes was published in the Federal Register on April 17, 
2000 (65 FR 20388). That action proposed to require revising the 
Airplane Flight Manual (AFM), and either installing hydraulic tube 
assemblies incorporating a check valve, or visually inspecting the 
check valve if already installed and corrective action, if necessary.

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.

Change Made to the Final Rule

    Since the issuance of the proposed AD, the FAA has determined that 
the installation required by paragraph (c) must be accomplished only in 
accordance with EMBRAER Service Bulletin 120-32-0077, Change 02, dated 
December 23, 1997, after the effective date of this AD. (EMBRAER 
Service Bulletin 120-32-0077, Change 01, dated September 25, 1997; and 
EMBRAER Service Bulletin 120-32-0077, Change 02, dated December 23, 
1997, were cited as the appropriate sources of service information in 
the proposed AD.) The final rule has been changed accordingly, and a 
new Note 2 has been added to give credit for accomplishment of the 
installation in paragraph (c) prior to the effective date of this AD in 
accordance with EMBRAER Service Bulletin 120-32-0077, Change 01, dated 
September 25, 1997.

Conclusion

    After careful review of the available data, the FAA has determined 
that air safety and the public interest require the adoption of the 
rule with the changes described previously. The FAA has determined that 
these changes will neither increase the economic burden on any operator 
nor increase the scope of the AD.

Cost Impact

    The FAA estimates that 213 airplanes of U.S. registry will be 
affected by this AD.
    It will take approximately 1 work hour per airplane to incorporate 
the applicable AFM revision, and that the average labor rate is $60 per 
work hour. Based on these figures, the cost impact of the AFM revision 
required by this Ad on U.S. operators is estimated to be $12,780, or 
$60 per airplane.
    It will take approximately 1 work hour per airplane to perform the 
visual inspection of the check valve, and that the average labor rate 
is $60 per work hour. Based on these figures, the cost impact of the 
inspection required by this AD on U.S. operators is estimated to be $60 
per airplane.
    It will take approximately 2 work hours per airplane to install the 
hydraulic tube assemblies incorporating a check valve, and that the 
average labor rate is $60 per work hour. Required parts will cost 
approximately $2,021 per airplane. Based on these figures, the cost 
impact of the installation required by this AD on U.S. operators is 
estimated to be $2,141 per airplane.
    The cost impact figures discussed above are 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.

[[Page 59710]]

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2000-20-05  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-11916. Docket 99-NM-356-AD.

    Applicability: Model EMB-120 series airplanes as listed in 
EMBRAER Service Bulletin 120-32-0077, Change 02, dated December 23, 
1997; 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 (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 the landing gear doors from becoming blocked from 
opening during application of emergency procedures in the event of a 
loss of hydraulics, accomplish the following:

Airplane Flight Manual (AFM) Revision

    (a) Within 10 flight hours after the effective date of this AD, 
revise the ``Emergency Procedures'' and ``Abnormal Procedures'' 
sections of the FAA-approved AFM by inserting into the AFM a copy of 
EMB-120 AFM 120/794, Revision 45, dated October 14, 1996.
    (b) For airplanes on which the check valve has been installed in 
accordance with EMBRAER Service Bulletin 120-32-0077, dated February 
7, 1997: Within 100 hours after the effective date of this AD, 
conduct a visual inspection to detect the check valve flow direction 
in accordance with Service Bulletin 120-32-0077, Change 02, dated 
December 23, 1997. If the check valve is installed incorrectly, 
prior to further flight, reinstall the check valve in the proper 
position in accordance with Change 02 of the service bulletin.
    (c) For airplanes on which the check valve has not been 
installed in accordance with EMBRAER Service Bulletin 120-32-0077, 
dated February 7, 1997; or Change 01, dated September 25, 1997; or 
Change 02, dated December 23, 1997: Within 2,000 flight hours after 
the effective date of this AD, install hydraulic tube assemblies 
incorporating a check valve in accordance with Service Bulletin 120-
32-0077, Change 02, dated December 23, 1997.

    Note 2: Accomplishment of the installation in accordance with 
EMBRAER Service Bulletin 120-32-0077, Change 01, dated September 25, 
1997, prior to the effective date of this AD, is acceptable for 
compliance with this paragraph.

Alternative Methods of Compliance

    (d) 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 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) Except as provided by paragraph (a) of this AD, the actions 
shall be done in accordance with EMBRAER Service Bulletin 120-32-
0077, Change 02, dated December 23, 1997. EMBRAER Service Bulletin 
120-32-0077, Change 02, dated December 23, 1997 contains the 
following list of effective pages:

------------------------------------------------------------------------
                                  Revision
                                   level
            Page No.              shown on       Date shown on page
                                    page
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1, 2, 11, 12...................         02            December 23, 1997.
3-10...........................         01           September 25, 1997.
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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 4: The subject of this AD is addressed in Brazilian 
airworthiness directive 97-05-03R2, dated March 16, 1998.

Effective Date

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

    Issued in Renton, Washington, on September 26, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-25150 Filed 10-5-00; 8:45 am]
BILLING CODE 4910-13-P