[Federal Register Volume 65, Number 229 (Tuesday, November 28, 2000)]
[Rules and Regulations]
[Pages 70785-70787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29801]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-131-AD; Amendment 39-12003; AD 2000-23-30]
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.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-120 series airplanes, that 
requires installation of an additional drain at the fuselage aft 
section. This action is necessary to prevent mechanical blockage of the 
elevator control cables due to the freezing of water collected inside 
the fuselage between the rear pressure bulkhead and the fire wall of 
the auxiliary power unit. Such cable blockage could result in reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Effective January 2, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 2, 2001.

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)

[[Page 70786]]

that is applicable to certain EMBRAER Model EMB-120 series airplanes 
was published in the Federal Register on August 29, 2000 (65 FR 52367). 
That action proposed to require installation of an additional drain at 
the fuselage aft section.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Revise Compliance Time

    One commenter requests that the compliance time be relaxed beyond 
the 400 flight hours specified in the proposed AD. The commenter 
indicates that a 400-flight-hour compliance time would impose a burden 
on operators. In addition, the commenter points out that the referenced 
service bulletin was issued five years ago. The commenter states that 
if the actions described in the service bulletin are urgent enough to 
drive a compliance time of 400 flight hours, then it should not take 
five years to determine that the operator has that amount of time to 
take corrective action. The commenter suggests that the compliance time 
be revised to align with the time recommended in the referenced service 
bulletin, which states ``at operator's discretion.''
    The FAA concurs partially. The FAA does not agree that definition 
of the compliance time should be left to the discretion of operators. 
However, the FAA agrees that a 400-flight-hour compliance time is too 
restrictive. The FAA finds that extending the compliance time to 1,200 
flight hours should coincide with an operator's ``3A'' check and will 
not adversely affect safety. Paragraph (a) of the final rule has been 
revised accordingly.

Request To Add Requirement

    The same commenter expresses concern that because the original 
drain line has a bend, and since the new drain line is located in an 
unlit area, it is difficult to visually inspect for blockage. The 
commenter suggests passing an object through the drain line to check 
for obstructions.
    The FAA does not concur. Accomplishment of the inspection should be 
able to be accomplished by shining a flashlight through the new drain, 
which has a straight port. The inspection should not require passing an 
object through the drain line, which could damage the drain line. No 
change to the final rule is necessary.

Conclusion

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

Cost Impact

    The FAA estimates that 200 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 10 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Required parts will cost approximately $34 
per airplane. Based on these figures, the cost impact of the AD on U.S. 
operators is estimated to be $126,800, or $634 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:

2000-23-30  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-12003. Docket 2000-NM-131-AD.

    Applicability: Model EMB-120 series airplanes, certificated in 
any category, as listed in EMBRAER Service Bulletin 120-53-0064, 
dated October 31, 1995.


    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 (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 mechanical blockage of the elevator control cable due 
to the freezing of water collected inside the fuselage between the 
rear pressure bulkhead and the fire wall of the auxiliary power 
unit, which could result in reduced controllability of the airplane, 
accomplish the following:

Drain Installation

    (a) Within 1,200 flight hours after the effective date of this 
AD, install an additional drain at the fuselage aft section, in 
accordance with EMBRAER Service Bulletin 120-53-0064, dated October 
31, 1995.

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.

[[Page 70787]]

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 installation shall be done in accordance with EMBRAER 
Service Bulletin 120-53-0064, dated October 31, 1995. 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 95-11-01, dated November 22, 1995.

Effective Date

    (e) This amendment becomes effective on January 2, 2001.

    Issued in Renton, Washington, on November 15, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-29801 Filed 11-27-00; 8:45 am]
BILLING CODE 4910-13-U