[Federal Register Volume 69, Number 85 (Monday, May 3, 2004)]
[Proposed Rules]
[Pages 24105-24107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9900]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-81-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 Empresa Brasileira 
de Aeronautica S.A. (EMBRAER) Model EMB-120 series airplanes, that 
currently requires measuring the gap between the bellcrank and the body 
of the rotary variable inductive transducers (RVITs) of the aileron and 
elevator, performing corrective action if necessary, and torquing the 
bolt that attaches the bellcrank to the RVIT shaft. This action would 
require replacing the aileron and elevator RVIT bellcranks with new, 
improved bellcranks. The actions specified by the proposed AD are 
intended to prevent restricted movement of the aileron or elevator, 
which could result in reduced controllability of the airplane. This 
action is intended to address the identified unsafe condition.

DATES: Comments must be received by June 2, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-81-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-81-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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; 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 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

[[Page 24106]]

statement is made: ``Comments to Docket Number 2003-NM-81-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-81-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On August 10, 2001, the FAA issued AD 2001-17-01, amendment 39-
12392 (66 FR 43076, August 17, 2001), applicable to certain Empresa 
Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120 series 
airplanes, to require measuring the gap between the bellcrank and the 
body of the rotary variable inductive transducer (RVITs) of the aileron 
and elevator, performing corrective action if necessary, and torquing 
the bolt that attaches the bellcrank to the RVIT shaft. That action was 
prompted by a report of interference between the bell crank of the 
aileron RVIT and the head of the hinge pin that attaches the RVIT 
suppport. The design of the elevator and aileron RVIT bellcranks are 
similar in their potential for interference with flight control. 
Therefore, both the elevator and aileron RVITS were addressed in that 
AD. The requirements of that AD are intended to prevent restricted 
movement of the aileron or elevator, which could result in reduced 
controllability of the airplane.

Actions Since Issuance of Previous Rule

    The preamble to AD 2001-17-01 explains that we considered the 
requirements ``interim action'' and were considering further 
rulemaking. We now have determined that further rulemaking is indeed 
necessary, and this proposed AD follows from that determination.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin (SB) 120-31-0046, Revision 01, 
dated December 27, 2002, which describes procedures for measuring the 
gap between the bellcrank and the body of the elevator/aileron RVITs; 
torquing the bolt that attaches the bellcrank to the RVIT shaft; and 
replacing the bellcranks with new, improved bellcranks. The measurement 
and torquing action procedures described in Revision 01 of the service 
bulletin are identical to those described in EMBRAER Alert Service 
Bulletin (ASB) 120-31-A046, dated July 13, 2001 (which was referenced 
in AD 2001-17-01 as the appropriate source of service information for 
the required actions). However, Revision 01 of Service Bulletin 120-31-
0046 adds procedures for replacing the bellcrank. 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 2001-07-01R1, dated February 
10, 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 supersede AD 2001-17-01 to 
continue to require measuring the gap between the bellcrank and the 
body of the elevator/aileron RVITs, and torquing the bolt that attaches 
the bellcrank to the RVIT shaft. The proposed AD also would require 
replacing the aileron and elevator RVIT bellcranks with new, improved 
bellcranks. The actions would be required to be accomplished in 
accordance with Revision 01 of the service bulletin described 
previously.

Cost Impact

    There are approximately 201 Model EMB-120 series airplanes of U.S. 
registry that would be affected by this proposed AD.
    The actions that are currently required by AD 2001-17-01 take 
approximately 1 or 2 work hours 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 actions on U.S. operators is 
estimated to be $13,065 or $26,130; or $65 or $130 per airplane.
    The new actions that are proposed in this AD action would take 
approximately 1 or 2 work hours per airplane to accomplish, at an 
average labor rate of $65 per work hour. Required parts would cost 
approximately $810 per airplane. Based on these figures, the cost 
impact of the new proposed requirements of this AD on U.S. operators is 
estimated to be $175,875 or $188,940; or $875 or $940 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

[[Page 24107]]

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 39-12392 (66 FR 
43076, August 17, 2001), and by adding a new airworthiness directive 
(AD), to read as follows:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 2003-NM-81-
AD. Supersedes AD 2001-17-01, Amendment 39-12392.

    Applicability: Model EMB-120 series airplanes, certificated in 
any category; with serial numbers 120004 and 120006 through 120355 
inclusive; that have been modified in accordance with EMBRAER 
Service Bulletin 120-31-0039, 120-31-0040, 120-31-0041, or 120-31-
0042.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent restricted movement of the aileron or elevator, which 
could result in reduced controllability of the airplane, accomplish 
the following:

Restatement of the Requirements of AD 2001-17-01

Inspection and Corrective Action, if Necessary

    (a) Within 50 flight hours after August 27, 2001 (the effective 
date of AD 2001-17-01, amendment 39-12392), measure the gap between 
the bellcrank and the body of the rotary variable inductive 
transducers (RVITs) of the elevator and aileron, in accordance with 
EMBRAER Alert Service Bulletin 120-31-A046, dated July 13, 2001.
    (1) If the gap is within the limits specified by the alert 
service bulletin: Prior to further flight, tighten the bolt that 
attaches the bellcrank to the RVIT shaft to a torque of 40-45 inch 
pounds, in accordance with the alert service bulletin.
    (2) If the gap is not within the limits specified by the alert 
service bulletin: Prior to further flight, accomplish all applicable 
corrective actions (including inspecting to detect damage of the 
connecting rod, replacing any damaged rod with a new rod having the 
same part number, and adjusting the gap between the bellcrank and 
the RVIT body), and tighten the bolt that attaches the bellcrank to 
the RVIT shaft to a torque of 40-45 inch pounds; in accordance with 
the alert service bulletin.

New Actions Required by This AD

Corrective Action

    (b) Within 4,000 flight hours after the effective date of this 
AD: Replace the aileron and elevator RVIT bellcranks having part 
number (P/N) 123-82549-007 or P/N 123-82549-009, as applicable, with 
new, improved bellcranks having P/N 145-51146-001 or P/N 145-51147-
001, respectively, in accordance with Paragraph 2.8 of the 
Accomplishment Instructions of EMBRAER Service Bulletin 120-31-0046, 
Revision 01, dated December 27, 2002.
    (c) Replacement of the bellcranks accomplished before the 
effective date of this AD per EMBRAER Service Bulletin 120-31-0046, 
dated February 20, 2002, are considered acceptable for compliance 
with the corresponding action specified in this AD.

Alternative Methods of Compliance

    (d) 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 1: The subject of this AD is addressed in Brazilian 
airworthiness directive 2001-07-01R1, dated February 10, 2003.


    Issued in Renton, Washington, on April 22, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-9900 Filed 4-30-04; 8:45 am]
BILLING CODE 4910-13-P