[Federal Register Volume 69, Number 63 (Thursday, April 1, 2004)]
[Proposed Rules]
[Pages 17095-17097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7355]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-105-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 EMBRAER Model EMB-120 series 
airplanes. This proposal would require revising the Airplane Flight 
Manual to ensure that the propeller synchronizer switch is ``OFF'' 
after engine start and before takeoff and landing. This action is 
necessary to prevent a possible loss of airplane control and subsequent 
injury to the flight crew and passengers. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by May 3, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-105-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-105-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.
    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:

[[Page 17096]]

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:
     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.
     For each issue, state what specific change to 
the proposed AD is being requested.
     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-105-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-105-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 EMBRAER Model EMB-120 series airplanes. The DAC advises 
that the airplane flight manual (AFM) allows takeoff and landings with 
the propeller synchronizer ``ON,'' which is not an approved 
configuration. If the propeller synchronizer is either left in the 
``ON'' position or switched to the ``ON'' position during takeoffs and 
landings, the pilot's control of engine power during critical phases of 
the flight could be impeded. Such an impediment could result in loss of 
control of the airplane and subsequent injury to the flight crew and 
passengers.

Explanation of Relevant Service Information

    EMBRAER has issued EMB-120 Airplane Flight Manual, 120/794, 
Revision 64, dated March 12, 2003. Pages 4-17, 4-23, and 4-27 of this 
revision have been revised to ensure that the propeller synchronizer 
switch is ``OFF'' after engine start and before takeoff and landing. 
Accomplishment of the actions specified in the AFM revision is intended 
to adequately address, in part, the identified unsafe condition. The 
DAC has issued Brazilian airworthiness directive 2003-02-01, dated 
March 3, 2003, in order to assure 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 
Limitations and Normal Procedures Sections of the AFM to ensure that 
the propeller synchronizer switch is ``OFF'' after engine start and 
before takeoff and landing. The revision to the Normal Procedures 
Section of the AFM would be required to be accomplished in accordance 
with the pages of the AFM described previously.

Clarification Between Brazilian Airworthiness Directive and This 
Proposed Rule

    The Brazilian airworthiness directive requires revising the Normal 
Procedures Section of the AFM by specifying which phrases to remove and 
add. Because AFM 120/794, Revision 64, dated March 12, 2003 (described 
above), includes the revisions to the Normal Procedures Section of the 
AFM specified in the Brazilian airworthiness directive, this proposed 
AD would require inserting those pages into the AFM. It is our 
intention to provide an exact representation of the desired end result 
in the AFM to make the revision process easier/less complex and to 
ensure that all steps related to the propeller synchronizer are 
corrected.

Cost Impact

    The FAA estimates that 217 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed actions, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$14,105, or $65 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.

[[Page 17097]]

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-
105-AD.

    Applicability: All Model EMB-120 series airplanes, certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent a possible loss of airplane control and subsequent 
injury to the flight crew and passengers, accomplish the following:

Revision of the Airplane Flight Manual (AFM)

    (a) Within 30 days from the effective date of this AD, do the 
actions specified in paragraphs (a)(1) and (a)(2) of this AD.
    (1) Revise the Limitations Section of the AFM to include the 
following text in ``Section II--Limitations'' under title 
``Powerplant,'' subtitle ``Propeller'' (this may be accomplished by 
inserting a copy of this AD into the AFM): ``For takeoff and landing 
PROP SYNC must be OFF''

    Note 1: When a statement identical to that in paragraph (a)(1) 
of this AD has been included in the general revisions of the AFM, 
the general revisions may be inserted into the AFM, and the copy of 
this AD may be removed from the AFM.

    (2) Revise the Normal Procedures section of the AFM by inserting 
pages 4-17, 4-23, and 4-27 of EMBRAER AFM 120/794, Revision 64, 
dated March 12, 2003, into the AFM.

Alternative Methods of Compliance

    (b) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, is authorized to approve alternative methods 
of compliance (AMOCs) for this AD.

    Note 2: The subject of this AD is addressed in Brazilian 
airworthiness directive 2003-02-01, dated March 3, 2003.


    Issued in Renton, Washington, on March 19, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-7355 Filed 3-31-04; 8:45 am]
BILLING CODE 4910-13-U