[Federal Register Volume 69, Number 6 (Friday, January 9, 2004)]
[Rules and Regulations]
[Pages 1505-1507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-125]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-87-AD; Amendment 39-13418; AD 2004-01-04]
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 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 adds airplanes 
to the applicability of the existing AD. The actions specified by this 
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: Effective February 13, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 13, 2004.
    The incorporation by reference of certain publications listed in 
the regulations was approved previously by the Director of the Federal 
Register as of November 13, 2000 (65 FR 59708, October 6, 2000).

ADDRESSES: The service information referenced in this AD 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 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

[[Page 1506]]

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 2000-20-05, 
amendment 39-11916 (65 FR 59708, October 6, 2000), which is applicable 
to certain EMBRAER Model EMB-120 series airplanes, was published in the 
Federal Register on October 2, 2003 (68 FR 56801). That action proposed 
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 action also proposed to add 
airplanes to the applicability of the existing AD.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    We have determined that air safety and the public interest require 
the adoption of the rule as proposed.

Cost Impact

    We estimate that 219 airplanes of U.S. registry will be affected by 
this AD. This AD adds no new requirements, but only adds airplanes to 
the applicability of the existing AD. This 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 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 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 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 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 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 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.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the 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.


Sec.  39.13  [Amended]

0
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), amendment 39-13418, to read as follows:

2004-01-04 Empresa Brasileira de Aeronautica S.A. (Embraer): 
Amendment 39-13418. 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

[[Page 1507]]

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; Change 01, 
dated September 25, 1997; Change 02, dated December 23, 1997; or 
Change 03, dated August 3, 2001: Within 2,000 flight hours after 
November 13, 2000, install hydraulic tube assemblies incorporating a 
check valve in accordance with EMBRAER 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, Transport Airplane Directorate, FAA, is authorized 
to approve alternative methods of compliance for this AD.

Incorporation by Reference

    (i) Unless otherwise specified in this AD, the actions shall be 
done in accordance with EMBRAER Service Bulletin 120-32-0077, Change 
01, dated September 25, 1997; EMBRAER Service Bulletin 120-32-0077, 
Change 02, dated December 23, 1997; and EMBRAER Service Bulletin 
120-32-0077, Change 03, dated August 3, 2001; as applicable.
    (1) The incorporation by reference of EMBRAER Service Bulletin 
120-32-0077, Change 01, dated September 25, 1997; and EMBRAER 
Service Bulletin 120-32-0077, Change 03, dated August 3, 2001; 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 
120-32-0077, Change 02, dated December 23, 1997, was approved 
previously by the Director of the Federal Register as of November 
13, 2000 (65 FR 59708, October 6, 2000).
    (3) Copies may be obtained from Empresa Brasileira de 
Aeronautica S.A. (EMBRAER), PO 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 4: The subject of this AD is addressed in Brazilian 
airworthiness directive 97-05-03R3, dated October 2, 2001.

Effective Date

    (j) This amendment becomes effective on February 13, 2004.

    Issued in Renton, Washington, on December 29, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-125 Filed 1-8-04; 8:45 am]
BILLING CODE 4910-13-P