[Federal Register Volume 66, Number 160 (Friday, August 17, 2001)]
[Rules and Regulations]
[Pages 43076-43077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20701]



[[Page 43076]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-262-AD; Amendment 39-12392; AD 2001-17-01]
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 certain Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-120 series airplanes. This action requires 
measuring the gap between the bellcrank and the body of the rotary 
variable inductive transducers (RVITs) of the aileron and elevator, 
performing corrective action if necessary, and torquing the bolt that 
attaches the bellcrank to the RVIT shaft. This action is necessary to 
prevent restricted movement of the aileron or elevator, which could 
result in reduced controllability of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Effective August 27, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 27, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before September 17, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-262-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. 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. 2001-NM-262-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 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: Rob 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: The Departmento de Aviacao Civil (DAC), 
which is the airworthiness authority for Brazil, recently notified the 
FAA that an unsafe condition may exist on certain EMBRAER Model EMB-120 
series airplanes. The DAC advises that there has been a recent instance 
of interference between the bellcrank of the aileron rotary variable 
inductive transducer (RVIT) and the head of the hinge pin that attaches 
the RVIT support. Restricted movement of the aileron or elevator, if 
not corrected, could result in reduced controllability of the airplane.
    The design of the elevator and aileron RVIT bellcranks on these 
airplanes is similar in their potential for interference with flight 
control. Therefore, both the elevator and aileron RVITs are addressed 
in this AD.

Explanation of Relevant Service Information

    EMBRAER has issued Alert Service Bulletin 120-31-A046, dated July 
13, 2001, which describes procedures for measuring the gap between the 
bellcrank and the body of the elevator/aileron RVITs and torquing the 
bolt that attaches the bellcrank to the RVIT shaft. Corrective actions 
include inspecting to detect damage of the connecting rod; replacing 
any damaged rod with a new part having the same part number; and 
adjusting the gap between the bellcrank and the RVIT body. The DAC 
classified this alert service bulletin as mandatory and issued 
Brazilian emergency airworthiness directive 2001-07-01, dated July 26, 
2001, to ensure 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 
section 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.

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 restricted 
movement of the aileron or elevator, which could result in reduced 
controllability of the airplane. This AD requires accomplishment of the 
actions specified in the alert service bulletin described previously.

Interim Action

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

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

[[Page 43077]]

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 2001-NM-262-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:

2001-17-01  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-12392. Docket 2001-NM-262-AD.
    Applicability: Model EMB-120 series airplanes, certificated in 
any category; serial numbers 120004 and 120006 through 120355 
inclusive; that have been modified in accordance with EMBRAER 
Service Bulletin 120-31-0039, 120-31-0040, 120-31-0041, or 120-31-
0042.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 restricted movement of the aileron or elevator, which 
could result in reduced controllability of the airplane, accomplish 
the following:
    (a) Within 50 flight hours after the effective date of this AD, 
measure the gap between the bellcrank and the body of the rotary 
variable inductive transducers (RVITs) of the elevator and aileron, 
in accordance with EMBRAER Alert Service Bulletin 120-31-A046, dated 
July 13, 2001.
    (1) If the gap is within the limits specified by the alert 
service bulletin: Prior to further flight, tighten the bolt that 
attaches the bellcrank to the RVIT shaft to a torque of 40-45 inch 
pounds, in accordance with the alert service bulletin.
    (2) If the gap is not within the limits specified by the alert 
service bulletin: Prior to further flight, accomplish all applicable 
corrective actions (including inspecting to detect damage of the 
connecting rod; replacing any damaged rod with a new rod having the 
same part number; and adjusting the gap between the bellcrank and 
the RVIT body), and tighten the bolt that attaches the bellcrank to 
the RVIT shaft to a torque of 40-45 inch pounds; in accordance with 
the alert service bulletin.

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. 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 actions shall be done in accordance with EMBRAER Alert 
Service Bulletin 120-31-A046, dated July 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 
emergency airworthiness directive 2001-07-01, dated July 26, 2001.

Effective Date

    (e) This amendment becomes effective on August 27, 2001.

    Issued in Renton, Washington, on August 10, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-20701 Filed 8-16-01; 8:45 am]
BILLING CODE 4910-13-P