[Federal Register Volume 68, Number 62 (Tuesday, April 1, 2003)]
[Proposed Rules]
[Pages 15684-15686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7750]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-33-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 all Empresa Brasileira de 
Aeronautica S.A. (EMBRAER) Model EMB-120 series airplanes. This 
proposal would require revising the airplane flight manual to include 
operational limitations for use of the autopilot, and installing two 
placards that advise the flight crew to check the pitch trim before 
descent. This action is necessary to prevent pitch trim upsets if the 
pitch trim actuators jam or freeze, which could result in reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by May 1, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-33-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-33-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), PO 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.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; 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-33-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-33-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 all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model 
EMB-120 series airplanes. The DAC advises that several events involving 
pitch trim upsets have occurred on these airplanes during the autopilot 
coupled descent phase of flight. The pitch trim upsets have been 
attributed to jammed or frozen pitch trim actuators. As the airplane 
ascends through visible moisture, the pitch trim actuators can freeze 
in a position trimmed for cruise flight. During a coupled descent, the 
autopilot will attempt to retrim the airplane, and, if the actuators 
are frozen, the control cables in the pitch trim system can become 
stretched. If the autopilot is subsequently disengaged for any reason, 
the spring-back effect caused by the sudden release of the tension in 
the stretched cables could result in a pitch upset. This condition, if 
not corrected, could result in reduced controllability of the airplane.

Airplane Flight Manual (AFM) Revisions

    The DAC advises that the flight crew must check the pitch trim 
before any descent. The check will alert the crew to a possible frozen 
or jammed actuator and enable the crew to take appropriate action to 
prevent a pitch upset. The check procedures are described in certain 
AFM revisions, which the DAC has mandated.

Explanation of Relevant Service Information

    The manufacturer has issued EMBRAER Service Bulletin 120-25-0262, 
dated October 15, 2001; and Change 01, dated September 3, 2002. The 
service bulletins describe procedures for installing two placards that 
advise the flight crew to check the pitch trim before descent. The DAC 
classified these service bulletins as mandatory and issued Brazilian

[[Page 15685]]

airworthiness directive 2001-06-01R1, dated November 28, 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 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 revising the AFM to 
include operational limitations for use of the autopilot, and 
installing two placards that advise the flight crew to check the pitch 
trim before any descent.

Differences Between Proposed AD and Brazilian Airworthiness Directive

    The Brazilian airworthiness directive mandates a 20-flight-hour 
compliance time to ``add a copy of [the] AD to the AFM'' to enforce 
certain procedures, and a 400-flight-hour compliance time to 
``incorporate the applicable AFM revision'' for revised procedures. 
This proposed AD would require that the AFM be revised within 100 
flight hours. An AD that requires an AFM revision sets forth a single 
compliance time that applies to the incorporation of the revised 
language into the AFM as well as adherence to the revised procedures. 
The FAA has determined that a 100-flight-hour compliance time is an 
appropriate interval that will maintain an adequate level of safety.

Interim Action

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

Cost Impact

    The FAA estimates that 233 airplanes of U.S. registry would be 
affected by this proposed AD. It would take approximately 1 work hour 
per airplane to accomplish the proposed actions, at an average labor 
rate of $60 per work hour. Based on these figures, the cost impact of 
the proposed AD on U.S. operators is estimated to be $13,980, or $60 
per airplane.
    The cost impact figure discussed above is 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 proposed 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.


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-33-
AD.

    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 (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 prevent pitch trim upsets if the pitch trim actuators jam or 
freeze, which could result in reduced controllability of the 
airplane, accomplish the following:

Revision of Airplane Flight Manual (AFM): AFM-120/794

    (a) Within 100 flight hours after the effective date of this AD, 
revise the FAA-approved AFM, EMBRAER AFM-120/794, as specified in 
paragraphs (a)(1) and (a)(2) of this AD. These actions may be 
accomplished by inserting a copy of this AD into the AFM.
    (1) Revise the Flight Controls Failures paragraph of the 
Abnormal Procedures section by replacing the existing Elevator Trim 
Jamming procedure with the following:

``Elevator Trim Jamming:
    Control Wheel.......................  Hold Firmly
    Autopilot...........................  Disengage
    Airspeed............................  Reduce
 
Note: Minimum airspeed with flap 0[deg]--
 160 KIAS
 

[[Page 15686]]

 
    Pitch trim command..................  Check all switches and
                                           elevator trim wheel
If pitch trim is recovered: Re-trim the
 airplane and continue the flight with
 the autopilot disengaged, not exceeding
 the airspeed when the trim was
 recovered.
If pitch trim is not recovered: Land at
 the nearest suitable airport.
Approach and landing configuration:
    Landing gear........................  Down
    Flaps...............................  25
    Airspeed............................  Vref25
 
Caution: Do Not Try to Re-Engage the
 Autopilot.''
 

    (2) Revise the Normal Procedures section of the AFM, after the 
current checklist item for activating the FASTEN BELTS switch, by 
inserting the following:

``Pitch Trim System Check:
    Control Wheel.......................  Hold firmly
    Autopilot...........................  Disengage
    Power Levers........................  As required
    Elevator Trim Wheels................  As required
 
Caution: Manually Set the Elevator Trim
 Wheels To the Required Descent
 Attitude.
 
If any trim system binding (if trim
 wheel rotates more than one trim wheel
 index mark after being released), or
 abnormal trim operation is observed:
    Elevator Trim Jamming Procedure.....  Perform
 
Caution: Do Not Try To Re-Engage the
 Autopilot.
 
If no abnormal trim operation is
 observed:
    Flight Director Vertical Mode.......  As required
    Autopilot...........................  Reengage''
 

AFM Revision: Collins APS-65B Autopilot AFM Supplement

    (b) Concurrently with the AFM revisions required by paragraph 
(a) of this AD, revise the Limitations section of the Collins APS-
65B Autopilot System Supplement to include the following (this may 
be accomplished by inserting a copy of this AD into the AFM 
Supplement):

``(1) The autopilot must not be used during descent unless a trim check
 has been performed successfully prior to descent, as follows:
 
Pitch Trim System Check:
    Control Wheel.......................  Hold firmly
    Autopilot...........................  Disengage
    Power Levers........................  As required
    Elevator Trim Wheels................  As required
 
Caution: Manually Set the Elevator Trim
 Wheels to the Required Descent
 Attitude.
 
If any trim system binding (if trim
 wheel rotates more than one trim wheel
 index mark after being released), or
 abnormal trim operation is observed:
    Elevator Trim Jamming Procedure.....  Perform
 
Caution: Do Not Try To Re-Engage the
 Autopilot.
 
If no abnormal trim operation is
 observed:
    Flight Director Vertical Mode.......  As required
    Autopilot...........................  Reengage
 
 (2) If an elevator trim jamming is detected during flight and the pitch
 trim system resumes normal operation on ground, only a ferry flight
 using a special permit may be performed to return the aircraft to a
 maintenance base for replacement of the actuators. In this case, the
 use of autopilot is prohibited.''
 

Placard Installation

    (c) Within 300 flight hours after the effective date of this AD, 
install two placards on the glareshield, advising the flight crew to 
check the pitch trim before any descent, in accordance with EMBRAER 
Service Bulletin 120-25-0262, dated October 15, 2001; or Change 01, 
dated September 3, 2002.

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, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance and/or 
Operations 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

    (e) 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 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 2001-06-01R1, dated November 28, 2001.


    Issued in Renton, Washington, on March 26, 2003.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-7750 Filed 3-31-03; 8:45 am]
BILLING CODE 4910-13-P