[Federal Register Volume 68, Number 147 (Thursday, July 31, 2003)]
[Rules and Regulations]
[Pages 44871-44874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19055]



[[Page 44871]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-66-AD; Amendment 39-13248; AD 2003-15-05]
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 certain EMBRAER Model EMB-120 series airplanes, 
that currently requires repetitive visual checks or inspections to 
verify that the flight idle stop system circuit breakers are closed, 
and functional tests to determine if the backup flight idle stop system 
is operative. This amendment requires modification of the secondary 
flight idle stop system (SFISS), which terminates the repetitive 
actions. 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 prevent inadvertent or 
intentional operation with the power levers below the flight idle stop 
during flight for airplanes that are not certificated for in-flight 
operation, which could result in engine overspeed and consequent loss 
of controllability of the airplane.

DATES: Effective September 4, 2003.
    The incorporation by reference of certain publications, as listed 
in the regulations, is approved by the Director of the Federal Register 
as of September 4, 2003.
    The incorporation by reference of certain other publications, as 
listed in the regulations, was approved previously by the Director of 
the Federal Register as of September 23, 1992 (57 FR 40838, September 
8, 1992).

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 Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 92-16-51, 
amendment 39-8355 (57 FR 40838, September 8, 1992), which is applicable 
to certain EMBRAER Model EMB-120 series airplanes, was published as a 
second supplemental notice of proposed rulemaking (NPRM) in the Federal 
Register on May 15, 2002 (67 FR 34641). That action proposed to 
continue to require repetitive visual checks or inspections to verify 
that the flight idle stop system circuit breakers are closed, and 
functional tests to determine if the backup flight idle stop system is 
operative. That action proposed to remove one airplane from the 
applicability, and add new inspections and corrective actions if 
necessary. Additionally, that action proposed to require modification 
of the secondary flight idle stop system (SFISS), which would terminate 
the repetitive actions.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received to the second supplemental NPRM.

Request To Withdraw Proposed AD

    One commenter states that an AD addressing the in-flight reversing 
issue is unjustified and inappropriate, and suggests that the proposed 
AD be withdrawn. The commenter asserts that an AD is unjustified 
because the subject unsafe condition is a pilot training issue and 
that, by adding further complexity to the propeller reversing controls, 
the proposed AD would only increase the opportunities for mechanical 
malfunction instead of improving safety. The commenter suggests that, 
instead of issuing an AD to address the unsafe condition, the FAA 
require operators to provide proper pilot training and oral testing 
specifically addressing the in-flight reversing issue.
    The FAA does not agree that the AD be withdrawn or that the 
proposed actions would increase the opportunities for mechanical 
malfunction of the SFISS. We do not consider this unsafe condition to 
be simply a result of inadequate pilot training. Operational experience 
has shown that the existing SFISS is vulnerable to certain maintenance-
originated failure modes, which could affect the operational 
reliability of the system. In addition, such failure modes do not 
result in a visual indication to the flightcrew of an inoperable 
condition. We find that these reliability concerns necessitate 
mandating installation of a more reliable SFISS design, one that also 
provides flightcrews with a real-time indication of the system's 
operability. We have determined that this design change adds more 
reliability and does not add significant complexity to the SFISS. 
Therefore, we find it necessary to issue the AD as proposed.

Request To Add Service Information for Certain Repair Procedures

    The other commenter, the manufacturer, states that EMBRAER Service 
Bulletins 120-76-0018 and 120-76-0022 will be revised to include 
procedures for the bellcrank bolt hole repair provided in paragraph (e) 
of the second supplemental NPRM. The commenter also states that the 
revised service bulletins would eliminate the need for operators to 
contact the FAA or the Departmento de Aviacao Civil (DAC) (or its 
delegated agent) for approved methods of accomplishing the repair.
    We agree. Since the issuance of the second supplemental NPRM, the 
manufacturer has issued EMBRAER Service Bulletins 120-76-0018, Change 
06, dated August 9, 2002; and 120-76-0022, Change 03, dated August 9, 
2002. The second supplemental NPRM specified that the FAA or DAC (or 
its delegated agent) be contacted for an approved method of compliance 
for the proposed repair. We have reviewed and approved these revised 
service bulletins and find that they do contain the appropriate repair 
instructions. Accordingly, we have revised paragraph (e) of this final 
rule to add those revised service bulletins as additional options for 
accomplishing the repair. However, we have not removed the provision 
for contacting the FAA or DAC (or its delegated agent) from that 
paragraph. Changing the requirements in such a manner would require us 
to issue a third supplemental NPRM, and we find that further delay in 
issuing this AD would be inappropriate in light of the identified 
unsafe condition.

Request To Remove Reference to Certain Service Information

    The same commenter suggests that reference to EMBRAER Service 
Bulletin 120-76-0015 be removed from the proposed requirements because 
it is applicable to only one airplane (serial number (S/N) 120068), 
currently

[[Page 44872]]

operated under Brazilian registry, and therefore, does not affect the 
U.S. fleet.
    We do not agree. We consider that those requirements with reference 
to Service Bulletin 120-76-0015 are necessary to be included in this AD 
to ensure that the unsafe condition is addressed in the event that the 
subject airplane is imported and placed on the U.S. Register in the 
future. No change to the final rule is necessary in this regard.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the second supplemental NPRM regarding 
that material.

Labor Rate Increase

    After the second supplemental NPRM was issued, we reviewed the 
figures we use to calculate the labor rate to do the required actions. 
To account for various inflationary costs in the airline industry, we 
find it appropriate to increase the labor rate used in these 
calculations from $60 per work hour to $65 per work hour. The economic 
impact information, below, has been revised to reflect this increase in 
the specified hourly labor rate.

Cost Impact

    The FAA estimates that 230 EMBRAER Model EMB-120 series airplanes 
of U.S. registry will be affected by this AD.
    The actions that are currently required by AD 92-16-51 take 
approximately 5 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of that AD on U.S. operators is estimated to be $69,000, or $300 
per airplane, per inspection cycle.
    The approximate cost, at an average labor rate of $65 per work 
hour, for the modifications required by this AD, are listed in the 
following table:

                             Estimated Costs
------------------------------------------------------------------------
                                              Work      Parts   Cost per
             Service bulletin                 hours     cost    airplane
------------------------------------------------------------------------
120-76-0015:
    Part I................................         5    $4,376    $4,701
    Part II...............................         3    14,331    14,526
    Part III..............................         1        53       118
120-76-0018:
    Part I................................       130    22,218    30,668
    Part II...............................         1     (\1\)     (\1\)
120-76-0022:
    Part I................................         3    14,456    14,651
    Part II...............................         3     2,465     2,660
    Part III..............................         3    14,525    14,720
    Part IV...............................         1        53      118
------------------------------------------------------------------------
\1\ Cost varies with configuration.

    Therefore, based on the figures included in the table above, the 
cost impact of the modification required by this AD on U.S. operators 
is estimated to range from $118 to $30,668 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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 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

0
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

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


[[Page 44873]]




Sec.  39.13  [Amended]

0
2. Section 39.13 is amended by removing amendment 39-8355 (57 FR 40838, 
September 8, 1992), and by adding a new airworthiness directive (AD), 
amendment 39-13248, to read as follows:

2003-15-05 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-13248. Docket 2000-NM-66-AD. Supersedes AD 92-16-51, 
Amendment 39-8355.

    Applicability: Model EMB-120 series airplanes, certificated in 
any category; serial number 120004, and serial numbers 120006 
through 120354 inclusive.


    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 (f)(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.
    To prevent inadvertent or intentional operation with the power 
levers below the flight idle stop during flight for airplanes that 
are not certificated for in-flight operation, which could result in 
engine overspeed and consequent loss of controllability of the 
airplane, accomplish the following:

Restatement of Certain Requirements of AD 92-16-51

Checks/Inspections

    (a) For all airplanes: Within 5 days after September 23, 1992 
(the effective date of AD 92-16-51, amendment 39-8355), and 
thereafter prior to the first flight of each day until the 
requirements of paragraph (d) of this AD have been accomplished, 
accomplish paragraph (a)(1) or (a)(2) of this AD, as applicable:
    (1) For airplanes on which an inspection window has been 
installed on the left lateral console panel that permits visibility 
of the flight idle stop solenoid circuit breakers: Using an 
appropriate light source, perform a visual check to verify that both 
``FLT IDLE STOP SOL'' circuit breakers CB0582 and CB0583 for engine 
1 and engine 2 are closed.


    Note 2: This check may be performed by a flightcrewmember.


    Note 3: Instructions for installation of an inspection window 
can be found in EMBRAER Information Bulletin 120-076-0003, dated 
November 19, 1991; or EMBRAER Service Bulletin 120-076-0014, dated 
July 29, 1992.

    (2) For airplanes on which an inspection window has not been 
installed on the left lateral console panel: Perform a visual 
inspection to verify that both ``FLT IDLE STOP SOL'' circuit 
breakers CB0582 and CB0583 for engine 1 and engine 2 are closed.
    (b) As a result of the check or inspection performed in 
accordance with paragraph (a) of this AD: If circuit breakers CB0582 
and CB0583 are not closed, prior to further flight, reset them and 
perform the functional test specified in paragraph (c) of this AD.

Functional Test

    (c) Within 5 days after September 23, 1992, and thereafter at 
intervals not to exceed 75 hours time-in-service, or immediately 
following any maintenance action where the power levers are moved 
with the airplane on jacks, until the requirements of paragraph (d) 
of this AD have been accomplished, conduct a functional test of the 
backup flight idle stop system for engine 1 and engine 2 by 
performing the following steps:
    (1) Move both power levers to the ``MAX'' position.
    (2) Turn the aircraft power select switch on.
    (3) Open both ``AIR/GROUND SYSTEM'' circuit breakers CB0283 and 
CB0286 to simulate in-flight conditions with weight-off-wheels. Wait 
for at least 15 seconds, then move both power levers back toward the 
propeller reverse position with the flight idle gate triggers 
raised. Verify that the power lever for each engine cannot be moved 
below the flight idle position, even though the flight idle gate 
trigger on each power lever is raised.
    (4) If the power lever can be moved below the flight idle 
position, prior to further flight, restore the backup flight idle 
stop system to the configuration specified in EMBRAER 120-076-0009, 
Change No. 4, dated November 1, 1990; and perform a functional test.

    Note 4: If the power lever can be moved below flight idle, this 
indicates that the backup flight idle stop system is inoperative.

    (5) Move both power levers to the ``MAX'' position.
    (6) Close both ``AIR/GROUND SYSTEM'' circuit breakers CB0283 and 
CB0286. Wait for at least 15 seconds, then move both power levers 
back toward the propeller reverse position with the flight idle gate 
triggers raised. Verify that the power lever for each engine can be 
moved below the flight idle position.
    (7) If either or both power levers cannot be moved below the 
flight idle position, prior to further flight, inspect the backup 
flight idle stop system and the flight idle gate system, and 
accomplish either paragraph (c)(7)(i) or (c)(7)(ii) of this AD, as 
applicable:
    (i) If the backup flight idle stop system is failing to 
disengage with weight-on-wheels, prior to further flight, restore 
the system to the configuration specified in EMBRAER Service 
Bulletin 120-076-0009, Change No. 4, dated November 1, 1990.
    (ii) If the flight idle gate system is failing to open even 
though the trigger is raised, prior to further flight, repair in 
accordance with the EMBRAER Model EMB-120 maintenance manual.
    (8) Turn the power select switch off. The functional test is 
completed.

New Requirements of This AD

Terminating Action

    (d) Within 18 months or 4,000 flight hours after the effective 
date of this AD, whichever occurs earlier, modify the secondary 
flight idle stop system (SFISS), as required by paragraph (d)(1), 
(d)(2), or (d)(3) of this AD; as applicable. Accomplishment of the 
modification constitutes terminating action for the requirements of 
this AD.
    (1) For airplanes having serial number 120004, and serial 
numbers 120006 through 120067 inclusive, and 120069 through 120344 
inclusive; as listed in EMBRAER Service Bulletin 120-76-0018, Change 
04, dated March 30, 2001: Accomplish the actions required by either 
paragraph (d)(1)(i) or (d)(1)(ii) of this AD, as applicable.
    (i) If the actions specified by EMBRAER Service Bulletin 120-76-
0018, Change 01, dated September 9, 1999; or Change 02, dated 
November 22, 1999; have not been accomplished: Modify the SFISS per 
the Accomplishment Instructions of EMBRAER Service Bulletin 120-76-
0018, Change 03, dated May 26, 2000; or Change 04, dated March 30, 
2001; or
    (ii) If the actions specified by EMBRAER Service Bulletin 120-
76-0018, Change 01 or Change 02 have been accomplished: Perform 
additional inspections per Part II of the Accomplishment 
Instructions of EMBRAER Service Bulletin 120-76-0018, Change 04.
    (2) For the airplane having serial number 120068: Modify the 
SFISS per the Accomplishment Instructions of EMBRAER Service 
Bulletin 120-76-0015, Change 06, dated October 3, 2000.
    (3) For airplanes having serial numbers 120345 through 120354 
inclusive: Modify the SFISS per the Accomplishment Instructions of 
EMBRAER Service Bulletin 120-76-0022, Change 01, dated October 9, 
2000; or Change 02, dated February 8, 2001.

    Note 5: This AD references the following service information for 
applicability, inspection, and modification information: EMBRAER 
Service Bulletin 120-76-0015, Change 06, dated October 3, 2000; 
EMBRAER Service Bulletin 120-76-0018, Change 01, dated September 9, 
1999; EMBRAER Service Bulletin 120-76-0018, Change 02, dated 
November 22, 1999; EMBRAER Service Bulletin 120-76-0018, Change 04, 
dated March 30, 2001; EMBRAER Service Bulletin 120-76-0022, Change 
01, dated October 9, 2000; and EMBRAER Service Bulletin 120-76-0022, 
Change 02, dated February 8, 2001. In addition, this AD specifies 
compliance-time requirements beyond those included in Brazilian 
airworthiness directive 90-07-04R4, dated October 4, 1999; and the 
service information. Where there are differences between this AD and 
previously referenced documents, this AD prevails.



    Note 6: Accomplishment of the requirements of paragraph (d) of 
this AD does not remove or otherwise alter the requirement to 
perform the repetitive (400-flight-hour) CAT 8 task checks specified 
by the Maintenance Review Board.

Corrective Actions

    (e) During any visual check or inspection required by this AD, 
if any countersunk-head

[[Page 44874]]

bolt was not used to attach the power control cable to the 
bellcrank, or if any hex-head bolt was used to attach the cable to 
the bellcrank: Prior to further flight, repair per a method approved 
by the Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or the Departmento de Aviacao Civil (DAC) (or its 
delegated agent). Accomplishment of the repair per EMBRAER Service 
Bulletin 120-76-0018, Change 06, dated August 9, 2002; or EMBRAER 
Service Bulletin 120-76-0022, Change 03, dated August 9, 2002; as 
applicable; is acceptable for compliance with the requirements of 
this paragraph.

Alternative Methods of Compliance

    (f)(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, International Branch, ANM-116. 
Operators shall submit their requests through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the International Branch, ANM-116.
    (2) Alternative methods of compliance, approved previously for 
paragraphs (a), (b), and (c) of AD 92-16-51, are considered to be 
approved as alternative methods of compliance with the inspection 
requirements of paragraphs (a), (b), and (c) of this AD. No 
alternative methods of compliance have been approved per AD 92-16-51 
as terminating action for this AD.

    Note 7: 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

    (g) Special flight permits may be issued per 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

    (h) Unless otherwise specified by this AD, the actions shall be 
done in accordance with the applicable EMBRAER service bulletins 
listed in Table 1 of this AD as follows:

                                                         Table 1.--Applicable Service Bulletins
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Change number shown
                Service bulletin                     Page numbers             on page                             Date shown on page
--------------------------------------------------------------------------------------------------------------------------------------------------------
120-076-0009, Change No. 4, November 1, 1990...                  1-87                     4  November 1, 1990
120-76-0015, Change 06, October 3, 2000........                  1-44                    06  October 3, 2000
120-76-0018, Change 03, May 26, 2000...........                 1-117                    03  May 26, 2000
120-76-0018, Change 04, March 30, 2001.........                 1-117                    04  March 30, 2001
120-76-0018, Change 06, August 9, 2002.........    1, 2, 7-10, 13-26,                    06  August 9, 2002
                                                      31, 32, 115-119
                                                                 5, 6                    04  March 30, 2001
                                                 3, 4, 11, 12, 27-30,                    03  May 26, 2000
                                                               33-114
120-76-0022, Change 01, October 9, 2000........                  1-43                    01  October 9, 2000
120-76-0022, Change 02, February 8, 2001.......              1, 2, 43                    02  February 8, 2001
                                                                 3-42                    01  October 9, 2000
120-76-0022, Change 03, August 9, 2002.........                     1                    02  February 8, 2001
                                                 2, 8, 14, 15, 17-19,                    03  August 9, 2002
                                                 27, 28, 34-36, 42-45
                                                   3-7, 9-13, 16, 20-                    01  October 9, 2000
                                                     26, 29-33, 37-41
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (1) The incorporation by reference of EMBRAER service bulletins 
120-76-0015, Change 06; 120-76-0018, Change 03; 120-76-0018, Change 
04; 120-76-0018, Change 06; 120-76-0022, Change 01; 120-76-0022, 
Change 02; and 120-76-0022, Change 03; as stated in the table above; 
is approved by the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The incorporation by reference of EMBRAER Service Bulletin 
120-076-0009, Change No. 4, dated November 1, 1990, was approved 
previously by the Director of the Federal Register as of September 
23, 1992 (57 FR 40838, September 8, 1992).
    (3) 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 Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.

    Note 8: The subject of this AD is addressed in Brazilian 
airworthiness directive 90-07-04R4, dated October 4, 1999.

Effective Date

    (i) This amendment becomes effective on September 4, 2003.

    Issued in Renton, Washington, on July 22, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-19055 Filed 7-30-03; 8:45 am]
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