[Federal Register Volume 66, Number 124 (Wednesday, June 27, 2001)]
[Rules and Regulations]
[Pages 34083-34085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16047]



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  Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / 
Rules and Regulations  

[[Page 34083]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-190-AD; Amendment 39-12295; AD 2001-13-14]
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.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to all EMBRAER Model EMB-120 series airplanes. This 
action requires revising the Airplane Flight Manual, installing a 
placard on the main instrument panel, and removing the ``LIGHT-HEAVY'' 
inflation switch of the leading edge deicing boots. This amendment is 
prompted by issuance of mandatory continuing airworthiness information 
by a foreign civil airworthiness authority. This action is intended to 
ensure that the flight crew is provided with accurate indications of 
the severity of ice accretion and appropriate procedures and actions to 
prevent reduced controllability of the aircraft due to accretion of ice 
on the airplane.

DATES: Effective July 12, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 12, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before July 27, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-190-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 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. 2001-NM-190-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 Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Paul Pellicano, 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) 703-6064; fax (770) 703-
6097.

SUPPLEMENTARY INFORMATION: The Departmento de Aviacao Civil (DAC), 
which is the airworthiness authority for Brazil, recently notified the 
FAA that an unsafe condition may exist on all EMBRAER Model EMB-120 
series airplanes. The DAC advises that it has received reports of loss 
of control events occurring on EMBRAER Model EMB-120 series airplanes 
that were flying during icing conditions. The DAC advises that such 
events indicate that the flight crews may not have correctly determined 
both the severity of the ice accretion and the need to take immediate 
action to prevent excessive loss of airspeed, especially when using the 
autopilot. This condition, if not corrected, could result in reduced 
controllability of the airplane due to accretion of ice on the 
airplane.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 120-25-0258, dated May 14, 
2001, which describes procedures for installation of a placard in the 
cockpit panel that instructs the flight crew to activate the deicing 
boots and disengage the autopilot whenever ice is detected by visual 
cues or ice detector illumination.
    EMBRAER also has issued Service Bulletin 120-30-0032, Change No. 
01, dated June 13, 2001, which describes procedures to remove the 
inflation cycle switch labeled ``LIGHT-HEAVY'' of the leading edge 
boots, and contains instructions for functional and monitoring tests 
for the leading edge deicers.
    The DAC has issued Brazilian airworthiness directive 2001-05-02, 
dated June 6, 2001, requiring accomplishment of the two service 
bulletins described previously. The Brazilian airworthiness directive 
also requires revision of the Airplane Flight Manual (AFM) that 
provides the following instructions to the flight crew during flight in 
icing conditions:
    1. Do not use the autopilot;
    2. Only use the leading edge boots inflation cycle switches in the 
position labeled ``heavy;'' and
    3. Do not allow the airspeed to fall below 160 knots indicated 
airspeed (KIAS) (with flaps and gear up) or below 140 KIAS (with flaps 
15 and gear up).
    The DAC has issued airworthiness directive 2001-05-02 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 
Sec. 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 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.

[[Page 34084]]

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 is being issued to prevent reduced 
controllability of the airplane due to accretion of ice. This AD 
requires accomplishment of the actions specified in the service 
bulletins described previously, except as discussed below.

Interim Action

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

Differences Between This AD and the Brazilian AD

    This AD differs from the Brazilian AD in the following areas:
    1. The AFM limitations are more specific as to when to disconnect 
the autopilot.
    2. This AD does not incorporate the minimum airspeeds in icing 
conditions in the Limitations section, since these airspeeds are 
already contained in the Normal Procedures section of the FAA-approved 
AFM under the ``Operation in Icing Conditions'' section. Additionally, 
the Limitations section under ``Operation in Icing Conditions'' 
currently includes the statement that: ``When operating in known or 
forecast icing conditions, the specific procedures for operation in 
icing conditions presented in the Normal Procedures Section of this 
manual must be followed.'' Therefore, the limitations on minimum 
airspeeds in icing conditions specified in the Brazilian AD are already 
included in the FAA-approved AFM.
    3. This AD includes instructions to remove the current information 
contained in the Normal Procedures section advising the pilot to select 
either Heavy or Light mode.
    4. This AD also adds a ``Warning'' to the Normal Procedures section 
to exit icing conditions if the flight crew detects large or frequent 
changes in trim or excessive performance degradation.

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 2001-NM-190-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 adding the following new 
airworthiness directive:
2001-13-14  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-12295. Docket 2001-NM-190-AD.

    Applicability: All Model EMB-120, -120RT, -120ER, and -120FC 
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 (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 ensure that the flight crew is provided with accurate 
indications of the severity of ice accretion and appropriate 
procedures and actions to prevent reduced controllability of

[[Page 34085]]

the aircraft due to accretion of ice on the airplane, accomplish the 
following:

Airplane Flight Manual

    (a) Within 20 flight hours after the effective date of this AD: 
Revise the Limitations and Normal Procedures Sections of the FAA-
approved Airplane Flight Manual (AFM) to include the following 
procedures, as specified in paragraphs (a)(1), (a)(2), (a)(3), and 
(a)(4) of this AD. This may be accomplished by inserting a copy of 
this AD in the AFM.
    (1) In the Limitations section under the existing title 
``Operation in Icing Conditions,'' insert the following:
    ``Autopilot use is prohibited when atmospheric icing conditions 
exist, at the first sign of icing accretion anywhere on the 
airplane, or after the illumination of the Ice Condition light, 
whichever occurs first.
    Leading edge deicers switch must be operated in the Heavy mode 
only.''
    (2) In the Normal Procedures section under the existing title, 
``Operation in Icing Conditions,'' delete the following:
    ``Leading edge deicers switch.......ON Select `Heavy' or `Light' 
mode (1 or 3 minutes cycle), based on the flight crew's judgement 
and evaluation of the severity of the ice encounter and rate of 
accretion.''
    (3) In the Normal Procedures section under the existing title, 
``Operation in Icing Conditions,'' insert the following:
    ``Leading edge deicers switch.......On (TIMER 1 or TIMER 2) 
Select `Heavy' mode if Light/Heavy switch is still installed.''
    (4) In the Normal Procedures section insert the following 
warning:
    ``WARNING: If large or frequent changes in longitudinal trim, 
and/or excessive performance degradation occur (identified by large 
increases in power required to maintain airspeed and altitude), 
immediately request priority handling from air traffic control to 
exit icing conditions.''

Placard Installation

    (b) Within 400 flight hours after the effective date of this AD, 
install a placard to activate the deicing boots and disengage the 
autopilot, whenever ice is detected by visual cues or ice detector 
illumination, to the left of the pilot's airspeed indicator and one 
placard to the right of the co-pilot's altimeter, per EMBRAER 
Service Bulletin 120-25-0258, dated May 14, 2001.
    (c) Within 400 flight hours after the effective date of this AD, 
remove the ``Light-Heavy'' inflation switch of the leading edge 
deicing boots, per EMBRAER Service Bulletin 120-30-0032, Change No. 
01, dated June 13, 2001.

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 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

    (e) Special flight permits may be issued in accordance with 
Secs. 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 for the actions specified in paragraph (a) of this 
AD, the actions shall be done in accordance with EMBRAER Service 
Bulletin 120-25-0258, dated May 14, 2001; and EMBRAER Service 
Bulletin 120-30-0032, Change No. 01, dated June 13, 2001. 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 2001-05-02, dated June 6, 2001.

Effective Date

    (g) This amendment becomes effective on July 12, 2001.


    Issued in Renton, Washington, on June 20, 2001.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-16047 Filed 6-22-01; 10:10 am]
BILLING CODE 4910-13-U