[Federal Register Volume 66, Number 10 (Tuesday, January 16, 2001)]
[Proposed Rules]
[Pages 3511-3515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1239]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-66-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to all EMBRAER Model EMB-120 series 
airplanes, that would have superseded an existing AD that currently 
requires repetitive visual checks or inspections to verify that the 
flight idle stop system circuit breakers are closed, and repetitive 
functional tests to determine if the backup flight idle stop system is 
operative. That notice of proposed rulemaking (NPRM) would also have 
required modification of the secondary flight idle stop system (SFISS), 
which would terminate the repetitive actions. That NPRM also would have 
removed certain airplanes from the applicability. That NPRM was 
prompted by issuance of mandatory continuing airworthiness information 
by a foreign civil airworthiness authority. This new action revises the 
proposed rule by changing the compliance time and certain procedures 
for modifying the SFISS. The actions specified by this new supplemental 
NPRM are intended to prevent an inoperative backup flight idle stop 
system.

DATES: Comments must be received by February 12, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-66-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.

[[Page 3512]]

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-66-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: Linda Haynes, Aerospace Engineer, 
Propulsion Branch, ACE-117A, FAA, Atlanta Aircraft Certification 
Office, One Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, 
Georgia 30349; telephone (770) 703-6091; 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 action 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 
supplemental NPRM 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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-66-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this notice of proposed rulemaking 
(NPRM) by submitting a request to the FAA, Transport Airplane 
Directorate, ANM-114, Attention: Rules Docket No. 2000-NM-66-AD, 1601 
Lind Avenue, SW., Renton, Washington 98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain EMBRAER Model EMB-120 series airplanes, was published as an 
NPRM in the Federal Register on April 11, 2000 (65 FR 19345). That NPRM 
proposed to supersede AD 92-16-51, amendment 39-8355 (57 FR 40838, 
September 8, 1992), which is applicable to all EMBRAER Model EMB-120 
series airplanes. That NPRM would have continued to require repetitive 
visual checks or inspections to verify that the flight idle stop system 
circuit breakers are closed, and repetitive functional tests to 
determine if the backup flight idle stop system is operative. That NPRM 
would have added a modification of the secondary flight idle stop 
system (SFISS), which would terminate the repetitive actions. That NPRM 
also would have removed certain airplanes from the applicability.

Actions Since Issuance of Previous Proposal

    Since the issuance of that NPRM, EMBRAER has issued two new service 
bulletins that revise certain procedures that were included in earlier 
revisions of the service bulletins to further improve the reliability 
of the SFISS.
    EMBRAER Service Bulletin 120-76-0018, Change No. 03, dated May 26, 
2000, includes new and revised procedures for replacing the SFISS with 
a new system. The actions specified in this service bulletin are 
intended to reduce maintenance efforts by eliminating certain 
repetitive inspections and tests, and to provide warning lights if 
either of the two secondary flight idle locks become inoperable during 
flight. This new revision divides the text into Part I and Part II, as 
follows:
     Part I revises modification procedures for replacing the 
flight idle lock assembly with a new assembly within 4,000 flight 
hours.
     Part II includes modification procedures for an inspection 
to determine the type of bolt used to attach the power control Teleflex 
cable end to the nacelle secondary flight idle locking mechanism, and 
replacement of any hex-head bolt with a countersunk-head bolt within 
400 flight hours.
    EMBRAER Service Bulletin 120-76-0022, Change No. 01, dated October 
9, 2000, revises the procedures in Parts I, II, and III, and adds Part 
IV procedures.
     Part I revises the procedure for installing the new power 
control bellcrank.
     Part II adds an inspection procedure and corrective action 
if a protruding hex-head bolt is found during the inspection.
     Part III revises the procedures for replacing the existing 
solenoid assembly by adding procedures for releasing the control cable 
end from the power control bellcrank and installing the new power 
control bellcrank.
     Part IV adds procedures for inspecting and replacing the 
bolt used to attach the power control cable end to the power control 
bellcrank.

Comments Received

    Due consideration has been given to the comments received in 
response to the original NPRM:

Request To Use Later Service Information

    One commenter requests changing the revision number of Embraer 
Service Bulletin 120-76-0018, from Revision 01 to Revision 03 to 
reflect the latest improvements in the new design for the SFISS. This 
new design provides a significant reduction in maintenance requirements 
and a positive warning of an inoperative condition.
    The FAA concurs that the later revision of this service bulletin, 
which is Change No. 03, dated May 26, 2000 (rather than Revision 03), 
is the correct reference. Paragraph (d)(2) of the supplemental NPRM has 
been revised accordingly.

Request To Revise Compliance Time for Modifying the SFISS

    One commenter strongly recommends incorporating the new SFISS in 
all

[[Page 3513]]

EMB-120 series airplanes that are in operation at the earliest 
scheduled heavy maintenance opportunity (within the next 4,000 flight 
hours). The commenter proposes this change because the improved SFISS 
specified in Service Bulletin 120-76-0018, Change No. 03, significantly 
reduces maintenance efforts and provides a positive warning of an 
inoperative condition.
    The FAA partially concurs with the commenter's request to change 
the compliance time for modifying the SFISS in accordance with the new 
revision of Service Bulletin 120-76-0018. However, we have determined 
that the modification specified in Part I of that service bulletin must 
be accomplished ``within 18 months or within 4,000 flight hours after 
the effective date of this AD, whichever occurs earlier.'' We have also 
determined that the modification specified in Part II of that service 
bulletin must be accomplished ``within 18 months or within 400 flight 
hours after the effective date of this AD, whichever occurs earlier.'' 
In developing the appropriate compliance times, the FAA considered the 
safety implications, parts availability, and normal maintenance 
schedules for timely modification of the SFISS. In consideration of 
these factors, we have determined that the compliance times, as 
proposed in this supplemental NPRM, represent appropriate intervals in 
which the modifications can be accomplished in a timely manner within 
the fleet and still maintain an adequate level of safety. We have 
specified the new proposed compliance times in paragraphs (d)(2) and 
(d)(3) and have added paragraph (d)(4) of the supplemental NPRM 
accordingly.

Conclusion

    The FAA has revised this supplemental NPRM to specify new 
requirements based on revisions to the previously referenced service 
bulletins and on certain comments previously described. Since these 
changes expand the scope of the originally proposed rule, we have 
determined that it is necessary to reopen the comment period to provide 
additional opportunity for public comment.

Cost Impact

    The FAA estimates that 230 EMBRAER Model EMB-120 series airplanes 
of U.S. registry would be affected by this supplemental NPRM.
    The actions that are currently required by AD 92-16-51 take 
approximately 5 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour.
    Based on these figures, the cost impact of the currently required 
actions on U.S. operators is estimated to be $69,000, or $300 per 
airplane, per inspection cycle.
    The approximate cost, at an average labor rate of $60 per work 
hour, for the modifications proposed by this AD are listed in Table 1, 
as follows:

                                            Table 1.--Estimated Costs
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                                                                                                     Cost per
               Service bulletin                   Work hours               Parts cost                airplane
----------------------------------------------------------------------------------------------------------------
120-76-0015:
    Part I....................................               4  $4,376..........................          $4,616
    Part II...................................               2  14,331..........................          14,451
120-76-0018:
    Part I....................................              50  20,000 (varies with                       23,000
                                                                 configuration).
    Part II...................................
120-76-0022:
    Part I....................................               2  14,150..........................          14,270
    Part II...................................               2  2,429...........................           2,549
    Part III..................................               2  14,229..........................          14,349
    Part IV...................................               1  53..............................             113
----------------------------------------------------------------------------------------------------------------

    Therefore, based on the figures included in Table 1, the cost 
impact of the modification proposed by this AD on U.S. operators is 
estimated to range from $113 to $23,000 per airplane.
    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. 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 proposed herein would 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 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.

[[Page 3514]]

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-8355 (57 FR 
40838, September 8, 1992), and by adding a new airworthiness directive 
(AD), to read as follows:

Empresa Brasileira de Aeronautica, S.A. (EMBRAER): Docket 2000-NM-
66-AD. Supersedes AD 92-16-51, Amendment 39-8355.

    Applicability: Model EMB-120 series airplanes, certificated in 
any category; serial numbers 120004 through 120354 inclusive.

    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 (e)(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 prevent an inoperative backup flight idle stop system, 
accomplish the following:

Restatement of Certain Requirements of AD 92-16-51:

    (a) For all airplanes: Within 5 days after September 23, 1992 
(the effective date of AD 92-16-51, amendment 39-8355), and 
thereafter prior to the first flight of each day until the 
requirements of paragraph (d) of this AD have been accomplished, 
accomplish paragraph (a)(1) or (a)(2) of this AD, as applicable:
    (1) For airplanes on which an inspection window has been 
installed on the left lateral console panel that permits visibility 
of the flight idle stop solenoid circuit breakers:
    Using an appropriate light source, perform a visual check to 
verify that both ``FLT IDLE STOP SOL'' circuit breakers CB0582 and 
CB0583 for engine 1 and engine 2 are closed.

    Note 2: This check may be performed by a flight crew member.


    Note 3: Instructions for installation of an inspection window 
can be found in EMBRAER Information Bulletin 120-076-0003, dated 
November 19, 1991; or EMBRAER Service Bulletin 120-076-0014, dated 
July 29, 1992.

    (2) For airplanes on which an inspection window has not been 
installed on the left lateral console panel: Perform a visual 
inspection to verify that both ``FLT IDLE STOP SOL'' circuit 
breakers CB0582 and CB0583 for engine 1 and engine 2 are closed.
    (b) As a result of the check or inspection performed in 
accordance with paragraph (a) of this AD: If circuit breakers CB0582 
and CB0583 are not closed, prior to further flight, reset them and 
perform the functional test specified in paragraph (c) of this AD.
    (c) Within 5 days after September 23, 1992, and thereafter at 
intervals not to exceed 75 hours time-in-service, or immediately 
following any maintenance action where the power levers are moved 
with the airplane on jacks, until the requirements of paragraph (d) 
of this AD have been accomplished, conduct a functional test of the 
backup flight idle stop system for engine 1 and engine 2 by 
performing the following steps:
    (1) Move both power levers to the ``MAX'' position.
    (2) Turn the aircraft power select switch on.
    (3) Open both ``AIR/GROUND SYSTEM'' circuit breakers CB0283 and 
CB0286 to simulate in-flight conditions with weight-off-wheels. Wait 
for at least 15 seconds, then move both power levers back toward the 
propeller reverse position with the flight idle gate triggers 
raised. Verify that the power lever for each engine cannot be moved 
below the flight idle position, even though the flight idle gate 
trigger on each power lever is raised.
    (4) If the power lever can be moved below the flight idle 
position, prior to further flight, restore the backup flight idle 
stop system to the configuration specified in EMBRAER Service 
Bulletin 120-076-0009, Change No. 4, dated November 1, 1990, and 
perform a functional test.

    Note 4: If the power lever can be moved below flight idle, this 
indicates that the backup flight idle stop system is inoperative.

    (5) Move both power levers to the ``MAX'' position.
    (6) Close both ``AIR/GROUND SYSTEM'' circuit breakers CB0283 and 
CB0286. Wait for at least 15 seconds, then move both power levers 
back toward the propeller reverse position with the flight idle gate 
triggers raised. Verify that the power lever for each engine can be 
moved below the flight idle position.
    (7) If either or both power levers cannot be moved below the 
flight idle position, prior to further flight, inspect the backup 
flight idle stop system and the flight idle gate system, and 
accomplish either paragraph (c)(7)(i) or (c)(7)(ii) of this AD, as 
applicable:
    (i) If the backup flight idle stop system is failing to 
disengage with weight-on-wheels, prior to further flight, restore 
the system to the configuration specified in EMBRAER Service 
Bulletin 120-076-0009, Change No. 4, dated November 1, 1990.
    (ii) If the flight idle gate system is failing to open even 
though the trigger is raised, prior to further flight, repair in 
accordance with the EMBRAER Model EMB-120 maintenance manual.
    (8) Turn the power select switch off. The functional test is 
completed.

New Requirements of This AD

    (d) Modify the secondary flight idle stop system (SFISS), as 
specified by paragraph (d)(1), (d)(2), (d)(3), or (d)(4), as 
applicable, of this AD. Accomplishment of the modification 
constitutes terminating action for the requirements of this AD.
    (1) For airplane serial number 120068, within 18 months or 
within 4,000 flight hours after the effective date of this AD, 
whichever occurs earlier: Modify the SFISS in accordance with Parts 
I and II of EMBRAER Service Bulletin 120-76-0015, Change No. 05, 
dated September 9, 1999.
    (2) For certain airplanes listed in EMBRAER Service Bulletin 
120-76-0018, Change No. 03, dated May 26, 2000, that HAVE NOT 
accomplished the actions specified in earlier revisions of that 
service bulletin: Within 18 months or within 4,000 flight hours 
after the effective date of this AD, whichever occurs earlier, 
modify the SFISS (including replacing the bolts, washers, nuts, and 
cotter-pins of the engine power control cable for the left and right 
engines with new components; replacing the flight idle lock assembly 
with a new assembly; and replacing certain other components with new 
components), in accordance with Part I of that service bulletin.
    (3) For certain airplanes listed in EMBRAER Service Bulletin 
120-76-0018, Change No. 03, dated May 26, 2000, that HAVE 
accomplished the actions specified in that service bulletin: Within 
18 months or within 400 flight hours after the effective date of 
this AD, whichever occurs earlier, modify the SFISS (including an 
inspection to determine the type of bolt used to attach the power 
control cable end at the bellcrank in the left and right nacelles, 
and replacement of any protruding hex-head bolt with a new 
countersunk-head bolt), in accordance with Part II of that service 
bulletin.

    Note 5: This AD references Service Bulletin 120-76-0018, Change 
No. 03, dated May 26, 2000, and Brazilian airworthiness directive 
90-07-04R4, dated October 4, 1999, for applicability, inspection, 
and modification information. In addition, this AD specifies 
compliance-time requirements beyond those included in the Brazilian 
airworthiness directive or the service information. Where there are 
differences between the AD and previously referenced documents, the 
AD prevails.

    (4) For airplanes listed in EMBRAER Service Bulletin 120-76-
0022, Change No. 01, dated October 9, 2000: Within 18 months or 
within 4,000 flight hours after the effective date of this AD, 
whichever occurs earlier, modify the SFISS in accordance with Part 
I, II, III, or IV, as applicable, of that service bulletin.

    Note 6: Accomplishment of the requirements of paragraph (d) of 
this AD does not remove or otherwise alter the requirement to 
perform the repetitive (400-flight-hour) CAT 8 task checks specified 
by the Maintenance Review Board.

Alternative Methods of Compliance

    (e)(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 for 
paragraphs (a), (b), and (c) of AD 92-16-51, are considered to be 
approved as alternative methods of compliance with the inspection 
requirements

[[Page 3515]]

of paragraphs (a), (b), and (c) of this AD. No alternative methods 
of compliance have been approved in accordance with AD 92-16-51 as 
terminating action for this AD.

    Note 7: 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

    (f) 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 8: The subject of this AD is addressed in Brazilian 
airworthiness directive 90-07-04R4, dated October 4, 1999.


    Issued in Renton, Washington, on January 9, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-1239 Filed 1-12-01; 8:45 am]
BILLING CODE 4910-13-U