[Federal Register Volume 68, Number 191 (Thursday, October 2, 2003)]
[Rules and Regulations]
[Pages 56801-56804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24978]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-87-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 supersedure of an existing 
airworthiness directive (AD), applicable to certain EMBRAER Model EMB-
120 series airplanes, that currently requires revising the airplane 
flight manual (AFM), and either installing hydraulic tube assemblies 
incorporating a check valve, or visually inspecting the check valve if 
already installed and performing corrective actions if necessary. This 
action would add airplanes to the applicability of the existing AD. The 
actions specified by the proposed AD are intended to prevent the 
landing gear doors from becoming blocked from opening during 
application of emergency procedures in the event of a loss of 
hydraulics. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by November 3, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-87-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. 2002-NM-87-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 or 2000 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.

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:

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

[[Page 56802]]

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 2002-NM-87-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. 2002-NM-87-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On September 26, 2000, the FAA issued AD 2000-20-05, amendment 39-
11916 (65 FR 59708, October 6, 2000), applicable to certain EMBRAER 
Model EMB-120 series airplanes. That AD requires revising the airplane 
flight manual (AFM), and either installing hydraulic tube assemblies 
incorporating a check valve, or visually inspecting the check valve if 
already installed and performing corrective actions if necessary. That 
action was prompted by a report indicating that, in the event of the 
loss of pressure in the green hydraulic system, if the present AFM 
``free-fall'' operational procedure was not followed, there was a 
possibility that the landing gear doors may not open. The requirements 
of that AD are intended to prevent the landing gear doors from becoming 
blocked from opening during application of emergency procedures in the 
event of a loss of hydraulics.

Actions Since Issuance of Previous AD

    Since the issuance of that AD, the Departmento de Aviacao Civil 
(DAC), which is the airworthiness authority for Brazil, advised the FAA 
that additional airplanes are subject to the same unsafe condition.

Explanation of Relevant Service Information

    Since the issuance of AD 2000-20-05, Empresa Brasileira de 
Aeronautica S.A. (EMBRAER) has issued Service Bulletin 120-32-0077, 
Change 03, dated August 3, 2001, which describes the same inspection 
and installation procedures as those specified in Service Bulletin 120-
32-0077, Change 02, dated December 23, 1997. Change 02 of the service 
bulletin was cited in AD 2000-20-05 as the appropriate source of 
service information. The relevant change in Change 03 of the service 
bulletin is that the effectivity listing has been changed to include 
new serial numbers. Accomplishment of the actions specified in the 
service bulletin is intended to adequately address the identified 
unsafe condition.
    The DAC classified this service bulletin as mandatory and issued 
Brazilian airworthiness directive 97-05-03R3, effective date October 2, 
2001, to ensure the continued airworthiness of these airplanes in 
Brazil. The Brazilian AD also mandates incorporation of an AFM revision 
of abnormal landing gear extension procedures.

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 AD

    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 supersede AD 2000-20-05 to 
continue to require revising the airplane flight manual (AFM), and 
either installing hydraulic tube assemblies incorporating a check 
valve, or visually inspecting the check valve if already installed and 
performing corrective actions if necessary. The actions would be 
required to be accomplished in accordance with the service bulletin 
described previously. This action would also add airplanes to the 
applicability of the existing AD.

Changes to the Applicability of the Existing AD

    This proposed AD would expand the applicability from affected 
airplanes as listed in EMBRAER Service Bulletin 120-32-0077, Change 02, 
dated December 23, 1997, to include affected airplanes as listed in 
EMBRAER Service Bulletin 120-32-0077, Change 03, dated August 3, 2003.

Explanation of Change Made to Existing Requirements

    The FAA has changed all references to a ``visual inspection'' in 
the existing AD to ``general visual inspection'' in this action. Also, 
the definition of a ``general visual inspection'' has been included in 
this action.

Cost Impact

    There are approximately 219 airplanes of U.S. registry that would 
be affected by this proposed AD. This proposed AD adds no new 
requirements, but only adds airplanes to the applicability of the 
existing AD. This proposed AD adds no new economic burden on affected 
operators, but since issuance of AD 2000-20-05, the estimated labor 
rate has increased from $60 to $65 per work hour, and the estimated 
cost for required parts has increased from $2,021 to $2,129. The 
current costs associated with this proposed AD are otherwise reiterated 
in their entirety as follows for the convenience of affected operators:
    The AFM revision that is currently required by AD 2000-20-05, and 
retained in this proposed AD, takes approximately 1 work hour per 
airplane to accomplish, at an average labor rate of $65 per work hour. 
Based on these figures, the cost impact of the currently required AFM 
revision on U.S. operators is estimated to be $14,235, or $65 per 
airplane.
    The general visual inspection that is currently required by AD 
2000-20-05, and retained in this proposed AD, takes approximately 1 
work hour per airplane to accomplish, at an average labor rate of $65 
per work hour. Based on these figures, the cost impact of the currently 
required general visual inspection on

[[Page 56803]]

U.S. operators is estimated to be $14,235, or $65 per airplane.
    The installation of hydraulic tube assemblies that include check 
valves that is currently required by AD 2000-20-05, and retained in 
this proposed AD, takes approximately 2 work hours per airplane to 
accomplish, at an average labor rate of $65 per work hour. Required 
parts cost approximately $2,129 per airplane. Based on these figures, 
the cost impact of the currently required actions on U.S. operators is 
estimated to be $494,921, or $2,259 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 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 removing amendment 39-11916 (65 FR 
59708, October 6, 2000), and by adding a new airworthiness directive 
(AD), to read as follows:

Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket 2002-NM-87-
AD. Supersedes AD 2000-20-05, Amendment 39-11916.

    Applicability: Model EMB-120 series airplanes as listed in 
EMBRAER Service Bulletin 120-32-0077, Change 03, dated August 3, 
2001; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the landing gear doors from becoming blocked from 
opening during application of emergency procedures in the event of a 
loss of hydraulics, accomplish the following:

Restatement of Requirements of AD 2000-20-05

Airplane Flight Manual (AFM) Revision

    (a) For airplanes subject to AD 2000-20-05: Within 10 flight 
hours after November 13, 2000 (the effective date of AD 2000-20-05, 
amendment 39-11916), revise the ``Emergency Procedures'' and 
``Abnormal Procedures'' sections of the airplane flight manual (AFM) 
by inserting into the AFM a copy of EMB-120 AFM 120/794, Revision 
45, dated October 14, 1996.

    Note 1: Airplanes subject to AD 2000-20-05 are those listed in 
EMBRAER Service Bulletin 120-32-0077, Change 02, dated December 23, 
1997.

Inspection and Corrective Actions

    (b) For airplanes subject to AD 2000-20-05, on which the check 
valve has been installed in accordance with EMBRAER Service Bulletin 
120-32-0077, dated February 7, 1997: Within 100 flight hours after 
November 13, 2000, conduct a general visual inspection to detect the 
check valve flow direction in accordance with EMBRAER Service 
Bulletin 120-32-0077, Change 02, dated December 23, 1997; or Change 
03, dated August 3, 2001. If the check valve is installed 
incorrectly, prior to further flight, reinstall the check valve in 
the proper position in accordance with Change 02 or Change 03 of the 
service bulletin.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (c) For airplanes subject to AD 2000-20-05, that are not 
equipped with the check valve installed in accordance with EMBRAER 
Service Bulletin 120-32-0077, dated February 7, 1997; or Change 01, 
dated September 25, 1997; or Change 02, dated December 23, 1997; or 
Change 03, dated August 3, 2003: Within 2,000 flight hours after 
November 13, 2000, install hydraulic tube assemblies incorporating a 
check valve in accordance with Service Bulletin 120-32-0077, Change 
01, dated September 25, 1997; Change 02, dated December 23, 1997; or 
Change 03, dated August 3, 2001.

New Requirements of This AD

    Note 3: Airplanes not subject to AD 2000-20-05 are those 
airplanes added by Change 03 of EMBRAER Service Bulletin 120-32-
0077, dated August 3, 2001.

Airplane Flight Manual (AFM) Revision

    (d) For airplanes not subject to AD 2000-20-05: Within 10 flight 
hours after the effective date of this AD, revise the ``Emergency 
Procedures'' and ``Abnormal Procedures'' sections of the airplane 
flight manual (AFM) by inserting into the AFM a copy of EMB-120 AFM 
120/794, Revision 45, dated October 14, 1996.

Inspection and Corrective Actions

    (e) For airplanes that are not subject to AD 2000-20-05, and on 
which the check valve has been installed in accordance with EMBRAER 
Service Bulletin 120-32-0077, dated February 7, 1997: Within 100 
flight hours after the effective date of this AD, accomplish all of 
the applicable actions in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 120-32-0077, Change 03, 
dated August 3, 2001.
    (f) For airplanes not subject to AD 2000-20-05, on which the 
check valve has not been installed in accordance with EMBRAER 
Service Bulletin 120-32-0077, dated February 7, 1997; or Change 01, 
dated September 25, 1997; or Change 02, dated December 23, 1997: 
Within 2,000 flight hours after the effective date of this AD, 
accomplish all of the applicable actions in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 120-32-0077, 
Change 03, dated August 3, 2001.
    (g) Accomplishment of the specified actions before the effective 
date of this AD per EMBRAER Service Bulletin 120-32-0077, Change 01, 
dated September 25, 1997; or Change 02, dated December 23, 1997; is 
considered acceptable for compliance with the applicable 
requirements of paragraphs (e) and (f) of this AD.

Alternative Methods of Compliance

    (h) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116,

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Transport Airplane Directorate, FAA, is authorized to approve 
alternative methods of compliance for this AD.

    Note 4: The subject of this AD is addressed in Brazilian 
airworthiness directive 97-05-03R3, dated October 2, 2001.


    Issued in Renton, Washington, on September 26, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-24978] Filed 10-1-03; 8:45 am]
BILLING CODE 4910-13-P