[Federal Register Volume 68, Number 43 (Wednesday, March 5, 2003)]
[Proposed Rules]
[Pages 10415-10417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5122]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-02-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-120 
series airplanes. This proposal would require either revising the 
Airplane Flight Manual (AFM) to require a maximum operating altitude of 
25,000 feet; or modifying the flight attendant's seat, or reworking the 
oxygen bottle kit, as applicable, and revising the AFM to require a 
maximum operating altitude of 30,000 feet. This action is necessary to 
prevent the unavailability of supplemental oxygen to the flight 
attendant in the event of cabin decompression, which could result in 
loss of consciousness of the flight attendant. This action is intended 
to address the identified unsafe condition.

DATES: Comments must be received by April 4, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-02-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. 2003-NM-02-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 Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC. 
This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Robert D. Breneman, Aerospace 
Engineer, International Branch, ANM-116, FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; 
telephone (425) 227-1263; fax (425) 227-1149.

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:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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 2003-NM-02-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2003-NM-02-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified the FAA that an unsafe condition may 
exist on certain EMBRAER Model EMB-120 series airplanes. The DAC 
advises that investigation has revealed that installation of the 
forward lavatory on these airplanes has resulted in the relocation of 
the oxygen dispensing units and masks to a location that cannot be 
reached by a flight attendant while seated in the attendant seat, when 
the oxygen masks are automatically deployed due to emergency cabin 
decompression. (The units and masks had previously been installed at 
the ceiling or at the wardrobe wall in front of the first double seat 
of the forward passenger cabin and had been dedicated to the right-hand 
front row passenger and flight attendant.) The unavailability of 
supplemental oxygen to the flight attendant in the event of cabin 
decompression, if not corrected, could result in loss of consciousness 
of the flight attendant.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 120-25-0264, Change 01, dated 
July 22, 2002, which describes the following procedures:
    [sbull] For certain airplanes: Modifying the flight attendant's 
seat (figure 1) by replacing the shock absorber and installing an 
oxygen bottle under the seat, including installing placards (figure 2).
    [sbull] For certain other airplanes: Reworking the oxygen bottle 
kit (figure

[[Page 10416]]

3), including installing placards and attaching the oxygen mask hose to 
the oxygen bottle.
    The DAC classified Change 01 of EMBRAER Service Bulletin 120-25-
0264 as mandatory and issued Brazilian airworthiness directive 2001-11-
03 R1, dated September 13, 2002, 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.

Explanation of Requirements of Proposed 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, the proposed AD would require either revising the 
Limitations Section of the Airplane Flight Manual (AFM) to require a 
maximum operating altitude of 25,000 feet; or modifying the flight 
attendant's seat, or reworking the oxygen bottle kit, as applicable, 
and revising the Limitations Section of the AFM to require a maximum 
operating altitude of 30,000 feet. Modification of the flight 
attendant's seat, or rework of the oxygen bottle kit, as applicable, 
are required to be accomplished per EMBRAER Service Bulletin 120-25-
0264, Change 01, except as described below.

Clarification of Applicability

    The applicability of Brazilian airworthiness directive 2001-11-03 
R1 specifies all Model EMB-120 series airplanes equipped with a 
lavatory installed in the forward part of the passenger cabin. However, 
paragraph 1.1.1, part I, of Change 01 of the service bulletin limits 
its effectivity to certain serial numbers of the affected airplane 
models equipped with a forward toilet and galley and on which the 
original issue of the service bulletin has not been accomplished. In 
addition, paragraph 1.1.2, part II, of Change 01 of the service 
bulletin limits its effectivity to certain serial numbers of the 
affected airplane models equipped with a forward toilet and galley and 
on which the original issue of the service bulletin has been 
accomplished.
    The FAA considers that the effectivity of Change 01 of the service 
bulletin provides a more accurate listing of the specific airplanes 
that are applicable to the actions required by this proposed AD. For 
this reason, the applicability of this proposed AD specifies those 
airplanes as listed in the service bulletin.

Differences Between This Proposed AD and the Brazilian Airworthiness 
Directive

    Operators should note the following differences:
    [sbull] Part I of the Compliance section of the Brazilian 
airworthiness directive limits flight operations to 25,000 feet unless 
the right-hand aisle passenger seat in the front row is reserved for 
the flight attendant's use during operation above 25,000 feet.
    [sbull] Part II of the Compliance section of the Brazilian 
airworthiness directive specifies that, for those airplanes that have 
accomplished Change 01 of EMBRAER Service Bulletin 120-25-0264, flight 
operations are limited to 30,000 feet unless the right-hand front row 
aisle passenger seat is reserved for flight attendant use during flight 
operations above 30,000 feet.
    We have determined that reserving a passenger seat for use by the 
flight attendant does not adequately address the identified unsafe 
condition. During an emergency event such as the rapid loss of cabin 
pressure, it is necessary for the flight attendant to communicate with 
both the flightcrew and passengers via the airplane communication 
system. The existing system is located at the flight attendant's seat 
and is not within reach of the flight attendant if seated in the front 
row passenger seat. Therefore, in an emergency, the flight attendant 
would not be able to provide the flightcrew with emergency information 
about the passengers and airplane condition or to provide the necessary 
emergency instructions to the passengers. For these reasons, the AFM 
revisions required by this proposed AD limit flight operations to 
25,000 feet, or to 30,000 feet if the actions required by this proposed 
AD (modification or rework, as applicable) have been accomplished.
    We have consulted with the DAC about this difference between the 
maximum operating altitudes specified in the Brazilian airworthiness 
directive and the operating altitudes required by this proposed AD. 
After considering this information, the DAC has agreed with the flight 
operation limitations required by this proposed AD.

Cost Impact

    The FAA estimates that 150 Model EMB-120 series airplanes of U.S. 
registry would be affected by this proposed AD.
    Should an operator be required to revise the AFM (maximum operating 
altitude of 25,000 feet), it would take approximately 1 work hour per 
airplane to accomplish the proposed AFM revision, at an average labor 
rate of $60 per work hour. Based on these figures, the cost impact of 
this proposed AFM revision on U.S. operators is estimated to be $60 per 
airplane.
    Should an operator be required to accomplish either the 
modification or rework action, it would take approximately 8 work hours 
per airplane to accomplish the proposed modification or rework action, 
at an average labor rate of $60 per work hour. Required parts would 
cost approximately $3,960 per airplane. Based on these figures, the 
cost impact of the proposed modification on U.S. operators is estimated 
to be $4,440 per airplane.
    Should an operator be required to revise the AFM (maximum operating 
altitude of 30,000 feet), it would take approximately 1 work hour per 
airplane to accomplish the proposed AFM revision, at an average labor 
rate of $60 per work hour. Based on these figures, the cost impact of 
this proposed AFM revision on U.S. operators is estimated to be $60 per 
airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the 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.

[[Page 10417]]

    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.


Sec.  39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket 2003-NM-02-
AD.
    Applicability: Model EMB-120 series airplanes as listed in 
EMBRAER Service Bulletin 120-25-0264, Change 01, dated July 22, 
2002; 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) 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 the unavailability of supplemental oxygen to the 
flight attendant in the event of cabin decompression, which could 
result in loss of consciousness of the flight attendant, accomplish 
the following:
    (a) Within 100 flight hours after the effective date of this AD, 
accomplish either paragraph (a)(1) or (a)(2) of this AD.

Airplane Flight Manual (AFM) Revision

    (1) Revise the Limitations Section of EMBRAER EMB120 Brasilia 
Airplane Flight Manual AFM-120/794 to include the following 
information, and operate the airplane per those limitations (this 
may be accomplished by inserting a copy of this AD into the AFM):

``Maximum operating altitude is limited to 25,000 feet.''

    (2) Accomplish either paragraph (a)(2)(i) or (a)(2)(ii) of this 
AD, as applicable.

Modification

    (i) For airplanes listed in paragraph 1.1.1., Part I, of the 
effectivity of EMBRAER Service Bulletin 120-25-0264, Change 01, 
dated July 22, 2002: Replace the shock absorber of the flight 
attendant's seat with a new part, and install an oxygen bottle kit 
under the seat (including installing placards); per paragraph 2.1 of 
the Accomplishment Instructions of that service bulletin.

Rework

    (ii) For airplanes listed in paragraph 1.1.2., Part II, of the 
effectivity of EMBRAER Service Bulletin 120-25-0264, Change 01, 
dated July 22, 2002: Rework the oxygen bottle kit (including 
installing placards and attaching the oxygen mask hose to the oxygen 
bottle), per paragraph 2.2 of the Accomplishment Instructions of 
that service bulletin.

AFM Revision

    (b) Before further flight following the accomplishment of 
paragraph (a)(2) of this AD: Revise the Limitations Section of 
EMBRAER EMB120 Brasilia Airplane Flight Manual AFM-120/794 to 
include the following information, and operate the airplane per 
those limitations (this may be accomplished by inserting a copy of 
this AD into the AFM):

``Maximum operating altitude is limited to 30,000 feet.''

Alternative Methods of Compliance

    (c) 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, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
Sec. Sec.  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 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 2001-11-03 R1, dated September 13, 2002.


    Issued in Renton, Washington, on February 27, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-5122 Filed 3-4-03; 8:45 am]
BILLING CODE 4910-13-P