[Federal Register Volume 66, Number 19 (Monday, January 29, 2001)]
[Rules and Regulations]
[Pages 8082-8085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2009]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-125-AD; Amendment 39-12090; AD 2001-02-06]
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 supersedes an existing airworthiness directive 
(AD), applicable to all EMBRAER Model EMB-120 series airplanes, that 
currently requires revising the Airplane Flight Manual (AFM) to include 
requirements for activation of the ice protection systems and to add 
information regarding operation in icing conditions; installing an ice 
detector system; and revising the AFM to include procedures for testing 
system integrity. This amendment requires installing the ice detector 
system in accordance with revised procedures. 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 ensure that the flightcrew is able to recognize 
the formation of significant ice accretion and take appropriate action; 
such formation of ice could result in reduced controllability of the 
airplane in normal icing conditions.

DATES: Effective March 5, 2001.

[[Page 8083]]

    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 5, 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: Thomas Peters, 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) 703-6063; fax (770) 703-
6097.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 97-26-06, 
amendment 39-10249 (62 FR 66512, December 19, 1997), which is 
applicable to all EMBRAER Model EMB-120 series airplanes, was published 
in the Federal Register on September 20, 2000 (65 FR 56811). The action 
proposed to continue to require revising the Airplane Flight Manual 
(AFM) to include requirements for activation of the ice protection 
systems and to add information regarding operation in icing conditions; 
installing an ice detector system; and revising the AFM to include 
procedures for testing system integrity. The action also proposed to 
require installing the ice detector system in accordance with revised 
procedures.

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

    There are approximately 250 airplanes of U.S. registry that will be 
affected by this AD.
    The AFM revisions currently required by AD 97-26-06 and retained in 
this AD take approximately 1 work hour per airplane to accomplish, at 
an average labor rate of $60 per work hour. Based on these figures, the 
cost impact of the AFM revision on U.S. operators is estimated to be 
$60 per airplane.
    The complete installation currently required by AD 97-26-06 and 
retained in this AD takes approximately 53 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Required 
parts cost approximately $13,054 per airplane. Based on these figures, 
the cost impact of the installation on U.S. operators is estimated to 
be $16,234 per airplane.
    The additional installations described in Parts III and IV of 
EMBRAER Service Bulletin 120-30-0027 (Change 02, 03, or 04) will each 
take approximately 5 work hours per airplane. The additional tests 
described in Part VI will take approximately 2 work hours per airplane 
to accomplish. The average labor rate is $60 per work hour. Information 
regarding the cost of parts required to accomplish the modifications 
described in Parts III and IV is unavailable at this time; there will 
be no cost for parts required to complete Part VI. Based on these 
figures, the cost impact of the additional modifications and tests 
required by this AD on U.S. operators required for those airplanes that 
have previously complied with the original issue or Change 01 of the 
service bulletin is estimated to be as high as $420 per airplane 
(excluding parts).
    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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-10249 (62 FR 
66512, December 19, 1997), and by adding a new airworthiness directive 
(AD), amendment 39-12090, to read as follows:

2001-02-06  Empresa Brasileira de Aeronautica, S.A. (Embraer): 
Amendment 39-12090. Docket 2000-NM-125-AD. Supersedes AD 97-26-06, 
Amendment 39-10249.

    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 
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 (c)(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.

[[Page 8084]]

    To ensure that the flightcrew is able to recognize the formation 
of significant ice accretion, which could result in reduced 
controllability of the airplane in normal icing conditions, 
accomplish the following:

Restatement of Certain Requirements of AD 97-26-06

    (a) Within 30 days after January 23, 1998 (the effective date of 
AD 97-26-06, amendment 39-10249), accomplish paragraphs (a)(1) and 
(a)(2) of this AD.

AFM Revisions--Limitations Section

    (1) Revise the Limitations Section of the FAA-approved Airplane 
Flight Manual (AFM) to include the following requirements for 
activation of the ice protection systems. This may be accomplished 
by inserting a copy of this AD in the AFM.

``TURN ON ICE PROTECTION SYSTEM and IGNITION SWITCHES AS FOLLOWS:

 AOA, TAT, SLIP, ENGINE AIR INLET, and IGNITION SWITCHES:

    --When atmospheric or ground icing conditions exist.

 PROPELLER:

    --When atmospheric or ground icing conditions exist, OR
    --At the first sign of ice formation anywhere on the aircraft.

 WING and TAIL LEADING EDGES, and WINDSHIELD:

    --At the first sign of ice formation anywhere on the aircraft.

    NOTE: On takeoff, delay activation of the wing and tail leading 
edge de-ice systems until reaching the final segment speed.

    NOTE: Atmospheric icing conditions exist when:

--Indicated Outside Air Temperature (OAT) during ground operations 
or Total Air Temperature (TAT) in flight is 10 degrees C or below; 
and
--Visible moisture in any form is present (such as clouds, fog with 
visibility of one mile or less, rain, snow, sleet, or ice crystals).

    NOTE: Ground icing conditions exist when:

--Indicated OAT during ground operations is 10 degrees C or below; 
and
--Surface snow, standing water, or slush is present on the ramps, 
taxiways, or runways.

    NOTE: For Operation in Atmospheric Icing Conditions:

--Follow the procedures in the Normal Procedures Section under 
Operation in Icing Conditions.''

AFM Revisions--Normal Procedures Section

    (2) Revise the Normal Procedures Section of the FAA-approved AFM 
to include the following additional and revised information 
regarding operation in icing conditions. This may be accomplished by 
inserting a copy of this AD in the AFM.
    ``Under DAILY CHECKS of the Ice Protection System, add the 
following:
    The following tests must be performed prior to the first flight 
of the day for which known or forecast icing conditions are 
anticipated.


Ice Detector System TEST Button (if installed)...  PRESS
Check normal test sequence.
 


Under APPROACH Checklist, add the following:


Minimum Airspeed.......................  APPROPRIATE TO FLAP POSITION
                                          (See Table Below)
 


------------------------------------------------------------------------
                                                  Minimum recommended
                  Gear/Flap                            airspeed
------------------------------------------------------------------------
UP/0 deg....................................  150 KIAS
UP/15 deg...................................  130 KIAS
------------------------------------------------------------------------

    Under OPERATION IN ICING CONDITIONS for FLYING INTO ICING 
CONDITION, replace the current AFM section information for normal 
icing conditions with the following:

--During flight, monitoring for icing conditions should start 
whenever the indicated outside air temperature is near or below 
freezing or when operating into icing conditions, as specified in 
the Limitations Section of this manual.
--When operating in icing conditions, the front windshield corners 
(unheated areas), propeller spinners, and wing leading edges will 
provide good visual cues of ice accretion.
--For airplanes equipped with an ice detection system, icing 
conditions will also be indicated by the illumination of the ICE 
CONDITION light on the multiple alarm panel.
--When atmospheric or ground icing conditions exist, proceed as 
follows:

AOA, TAT, SLIP, and ENGINE AIR INLET..  ON
IGNITION Switches.....................  ON
AIRSPEED (Flaps and Gear UP)..........  60 KIAS MINIMUM
 


--When atmospheric or ground icing conditions exist, OR
--At the first sign of ice formation anywhere on the aircraft, 
proceed as follows:


PROPELLER Deicing Switch.......................  ON
   Select NORM mode if indicated OAT is above -10 deg.C (14 deg.F) or
    COLD mode if indicated OAT is below -10 deg.C (14 deg.F)..
 


--At the first sign of ice formation anywhere on the aircraft, 
proceed as follows:


WINDSHIELD.....................................  ON
WING and TAIL LEADING EDGE.....................  ON
   Visually evaluate the severity of the ice encounter and the rate of
    accretion and select light or heavy mode (1-minute or 3-minute
    cycle) based on this evaluation..
 


    NOTE: On takeoff, delay activation of the wing and tail leading 
edge de-ice systems until reaching the final segment speed.

    NOTE: The minimum NH required for proper operation of the 
pneumatic deicing system is 80%. At lower NH values, the pneumatic 
deicing system may not totally inflate, and the associated failure 
lights on the overhead panel may illuminate. If this occurs, 
increase NH.

Holding configuration:
  Landing Gear Lever.....................  UP
  Flap Selector Lever....................  UP
  NP.....................................  85% MINIMUM
   Increase NP as required to eliminate propeller vibrations............
 


    Approach and Landing procedure:
    Increase approach and landing speeds, according to the following 
flap settings, until landing is assured. Reduce airspeed to cross 
runway threshold (50 ft) at VREF.

Flaps 15--Increase Speed by 10 KIAS (130+10)
Flaps 25--Increase Speed by 10 KIAS (VREF25+10)
Flaps 45--Increase Speed by 5 KIAS (VREF45+5)

    Go-Around procedure:
    Reduce values from Maximum Landing Weight Approach Climb Limited 
charts by:


[[Page 8085]]


1500 lbs. for PW 118 Engines
1544 lbs. for PW 118A and 118B Engines

Flaps 15--
    Increase approach climb speed by 10 KIAS (V2+10);
    Decrease approach climb gradient by:
    3.0% for PW 118 Engines
    2.9% for PW 118A and 118B Engines

Flaps 25--Increase landing climb speed by 10 KIAS 
(VREF25+10)

Flaps 45--Increase landing climb speed by 5 KIAS (VREF 
+5)

    CAUTION: The ice protection systems must be turned on 
immediately (except leading edge de-icers during takeoff) when the 
ICE CONDITION light illuminates on the multiple alarm panel or when 
any ice accretion is detected by visual observation or other cues.

    CAUTION: Do not interrupt the automatic sequence of operation of 
the leading edge de-ice boots once it is turned ON. The system 
should be turned OFF only after leaving the icing conditions and 
after the protected surfaces of the wing are free of ice.''

New Requirements of this AD

Ice Detector Installation

    (b) For airplanes identified in any of Parts I, II, III, IV, V, 
and VI of EMBRAER Service Bulletin 120-30-0027, Change 02, dated 
December 3, 1997; Change 03, dated June 26, 1998; or Change 04, 
dated July 13, 1999: Within 30 days after the effective date of this 
AD, install an ice detector system in accordance with the service 
bulletin.

Alternative Methods of Compliance

    (c)(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 97-26-06, amendment 39-10249, are approved as 
alternative methods of compliance with this AD.

    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

    (d) 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

    (e) The ice detector system installation shall be done in 
accordance with EMBRAER Service Bulletin 120-30-0027, Change 02, 
dated December 3, 1997; EMBRAER Service Bulletin 120-30-0027, Change 
03, dated June 26, 1998; or EMBRAER Service Bulletin 120-30-0027, 
Change 04, dated July 13, 1999. EMBRAER Service Bulletin 120-30-
0027, Change 04, dated July 13, 1999, contains the following list of 
effective pages:

------------------------------------------------------------------------
                                   Change level
            Page No.              shown on page     Date shown on page
------------------------------------------------------------------------
1-4, 27-40, 43, 44, 67, 68, 93,               04  July 13, 1999.
 94.
5-26, 41, 42, 45-66, 69-92, 95-               03  June 26, 1998.
 108.
------------------------------------------------------------------------

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 97-06-03R1, dated December 15, 1997.

Effective Date

    (f) This amendment becomes effective on March 5, 2001.

    Issued in Renton, Washington, on January 17, 2001.
Dorenda D. Baker,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-2009 Filed 1-26-01; 8:45 am]
BILLING CODE 4910-13-P