[Federal Register Volume 69, Number 66 (Tuesday, April 6, 2004)]
[Proposed Rules]
[Pages 17991-17993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7710]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-96-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 certain EMBRAER Model EMB-120 
series airplanes. This proposal would require installing three new 
vertical cargo nets in cargo-configured cabins. This action is 
necessary to prevent significant movement of cargo during operation, 
which could result in loss of control of the airplane or injury to the 
flightcrew. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by May 6, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-96-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-96-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 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

[[Page 17992]]

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-96-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-96-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 certain EMBRAER Model EMB-120 series airplanes that have 
cargo-configured cabins. The DAC advises that load displacement is 
possible if the cargo is not properly distributed and retained along 
the cargo compartment. This condition, if not corrected, could result 
in significant movement of the cargo during operation, which could 
cause loss of control of the airplane or injury to the flightcrew.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 120-25-0255, dated March 5, 
2002, and Service Bulletin 120-25-0257, dated April 30, 2002. These 
service bulletins describe procedures for installing three new vertical 
cargo nets in the cargo-configured cabins. The installation includes 
installing new complemental tracks; reworking certain floor panels and 
carpeting; installing new placards that define the new cargo limits; 
testing the cargo nets to ensure that they can be installed when the 
airplane is carrying cargo; and installing track covers to be used when 
the airplane is carrying passengers. Accomplishment of the actions 
specified in the service bulletins is intended to adequately address 
the identified unsafe condition.
    The DAC classified these service bulletins as mandatory and issued 
Brazilian airworthiness directive 2001-02-02R1, dated April 22, 2003, 
to ensure 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 accomplishment of 
the actions specified in the applicable service bulletin described 
previously, except as discussed below.

Difference Between the Proposed AD and the Brazilian Airworthiness 
Directive

    The Brazilian airworthiness directive references EMBRAER Service 
Bulletin 120-25-0254, dated January 29, 2001 (applicable to certain 
Model EMB-120ER series airplanes). The airplanes listed in this service 
bulletin are not of U.S. registry, and the action in this service 
bulletin will be part of the pre-certification requirements should 
these airplanes be imported into the U.S. Therefore, the installation 
of a placard that is described in this service bulletin, and referenced 
in Part I of the Brazilian airworthiness directive, would not be 
required by this proposed AD. However, this proposed AD would require 
the actions in Part II of the Brazilian airworthiness directive, at the 
compliance time listed under Part I of the Brazilian airworthiness 
directive. The Brazilian airworthiness directive gives no specific 
compliance time for the actions in Part II, but we find that a 30-day 
compliance time represents an appropriate interval for the affected 
airplanes to continue to operate without compromising safety.

Cost Impact

    The FAA estimates that 153 airplanes of U.S. registry would be 
affected by this proposed AD.
    It would take approximately 5 work hours per airplane to accomplish 
the proposed installation. The average labor rate is $65 per work hour. 
Required parts would cost between $2,250 and $4,570, depending on the 
configuration of the airplane. Based on these figures, the cost impact 
of the proposed AD on U.S. operators is estimated to be between 
$393,975 and $748,935, or between $2,575 and $4,895 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 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.
    Currently, there are no affected ``CTA Version'' airplanes on the 
U.S. Register (as listed in the applicability of EMBRAER Service 
Bulletin 120-25-0257, dated April 30, 2002). However, if an affected 
airplane is imported and placed on the U.S. Register in the future, the 
required actions would take about 9 work hours, at an average labor 
rate of $65 per work hour. Required parts would cost about $6,663 per 
airplane. Based on these figures, we estimate the cost of this AD to be 
$7,248 per airplane.

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

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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 adding the following new 
airworthiness directive:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 2003-NM-96-
AD.

    Applicability: Model EMB-120 series airplanes, as listed in 
EMBRAER Service Bulletin 120-25-0255, dated March 5, 2002; and 
EMBRAER Service bulletin 120-25-0257, dated April 30, 2002; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent significant movement of cargo during operations, 
which could result in loss of control of the airplane or injury to 
the flightcrew, accomplish the following:

Installation

    (a) Within 30 days after the effective date of this AD: Install 
three new vertical cargo nets by doing all the actions in and per 
the Accomplishment Instructions of EMBRAER Service Bulletin 120-25-
0255, dated March 5, 2002; or EMBRAER Service Bulletin 120-25-0257, 
dated April 30, 2002; as applicable.

Alternative Methods of Compliance

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

    Note 1: The subject of this AD is addressed in Brazilian 
airworthiness directive 2001-02-02R1, dated April 22, 2003.


    Issued in Renton, Washington, on March 30, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-7710 Filed 4-5-04; 8:45 am]
BILLING CODE 4910-13-P