[Federal Register Volume 69, Number 58 (Thursday, March 25, 2004)]
[Rules and Regulations]
[Pages 15236-15238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6499]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2003-16645; Directorate Docket No. 2003-NM-113-AD; 
Amendment 39-13533; AD 2004-06-07]
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 adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-120 series airplanes, that 
requires a one-time inspection for signs of overheating of wiring 
splices of the pitot/static 1, 2, and auxiliary sensors; the angle-of-
attack sensors; the side slip sensors; and the current sensors. This 
action also requires follow-on actions. This action is necessary to 
prevent overheating of cockpit wiring, which could result in loss of 
operation of the affected systems, or smoke or fire in the cockpit. 
This action is intended to address the identified unsafe condition.

DATES: Effective April 29, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 29, 2004.

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) to include an airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-120 
series airplanes was published in the Federal Register on December 11, 
2003 (68 FR 69055). That action proposed to require a one-time 
inspection for signs of overheating of wiring splices of the pitot/
static 1, 2, and auxiliary sensors; the angle-of-attack sensors; the 
side slip sensors; and the current sensors. That action also proposed 
to require follow-on actions.

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.

[[Page 15237]]

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 250 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 4 work hours per 
airplane to accomplish the required inspection, and that the average 
labor rate is $65 per work hour. Based on these figures, the cost 
impact of the AD on U.S. operators is estimated to be $65,000, or $260 
per airplane.
    The cost impact figure discussed above is 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 adding the following new airworthiness 
directive:

2004-06-07 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 
FAA-2003-16645. Amendment 39-13533. Directorate Docket No. 2003-NM-
113-AD.

    Applicability: Model EMB-120 series airplanes, certificated in 
any category; serial numbers 120004, and 120006 through 120352 
inclusive.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent overheating of cockpit wiring, which could result in 
loss of operation of the affected systems, or smoke or fire in the 
cockpit, accomplish the following:

Airplanes Not Inspected/Modified Previously: One-Time Detailed 
Inspection

    (a) For airplanes on which neither Part I nor Part II of the 
Accomplishment Instructions of EMBRAER Service Bulletin 120-30-0030, 
dated January 31, 2000, was accomplished prior to the effective date 
of this AD: Within 400 flight hours after the effective date of this 
AD, do a one-time detailed inspection for signs of overheating of 
wiring splices of the pitot/static 1, 2, and auxiliary sensors; the 
angle-of-attack sensors; the side slip sensors; and the current 
sensors, per Part I of the Accomplishment Instructions of EMBRAER 
Service Bulletin 120-30-0030, Change 01, dated November 28, 2000. 
Signs of overheating include discoloration on the electrical wires, 
terminations, or splices.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Airplanes Inspected or Modified Previously: Follow-On Actions

    (b) For airplanes on which Part I of the Accomplishment 
Instructions of EMBRAER Service Bulletin 120-30-0030, dated January 
31, 2000, but not Part II of the Accomplishment Instructions of that 
service bulletin, was accomplished prior to the effective date of 
this AD: Within 400 flight hours after the effective date of this 
AD, do a one-time detailed inspection for signs of overheating of 
wiring splices of the pitot/static 1, 2, and auxiliary sensors; the 
angle-of-attack sensors; and the side slip sensor located at the 
circuit breaker panel; per Part III of the Accomplishment 
Instructions of EMBRAER Service Bulletin 120-30-0030, Change 01, 
dated November 28, 2000.
    (c) For airplanes on which Part II of the Accomplishment 
Instructions of EMBRAER Service Bulletin 120-30-0030, dated January 
31, 2000, was accomplished prior to the effective date of this AD: 
Within 400 flight hours after the effective date of this AD, install 
new identifications by doing all actions in paragraphs 2.4.2. of 
Part III of the Accomplishment Instructions of EMBRAER Service 
Bulletin 120-30-0030, Change 01, dated November 28, 2000.

Follow-On Actions

    (d) For all airplanes subject to paragraph (a) or (b) of this 
AD: At the applicable compliance time specified in paragraph (d)(1) 
or (d)(2) of this AD, replace wires and relays with new wires and 
relays; and eliminate or relocate splices in the wiring of the 
pitot/static 1, 2, and auxiliary sensors; the angle-of-attack 
sensors; the side slip sensors; and the current sensors; as 
applicable; by doing all actions in paragraphs 2.3.1 through 2.3.23 
of Part II of the Accomplishment Instructions of EMBRAER Service 
Bulletin 120-30-0030, Change 01, dated November 28, 2000.
    (1) If no sign of overheating is found during any inspection per 
paragraph (a) or (b) of this AD: Do the actions in paragraph (d) of 
this AD within 2,000 flight hours after the inspection.
    (2) If any sign of overheating is found during any inspection 
per paragraph (a) or (b) of this AD: Do the actions in paragraph (d) 
of this AD before further flight after the inspection.

Alternative Methods of Compliance

    (e) 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

    (f) The actions shall be done in accordance with EMBRAER Service 
Bulletin 120-30-0030, Change 01, dated November 28, 2000. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. 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 2: The subject of this AD is addressed in Brazilian 
airworthiness directive 2001-06-02, dated June 26, 2001.

Effective Date

    (g) This amendment becomes effective on April 29, 2004.


[[Page 15238]]


    Issued in Renton, Washington, on March 12, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-6499 Filed 3-24-04; 8:45 am]
BILLING CODE 4910-13-P