[Federal Register Volume 69, Number 127 (Friday, July 2, 2004)]
[Rules and Regulations]
[Pages 40309-40310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14571]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-105-AD; Amendment 39-13694; AD 2004-13-12]
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 all EMBRAER Model EMB-120 series airplanes, that requires 
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: Effective August 6, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 6, 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 National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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 all EMBRAER Model EMB-120 series 
airplanes was published in the Federal Register on April 1, 2004 (69 FR 
17095). That action proposed to require revising the Airplane Flight 
Manual to ensure that the propeller synchronizer switch is ``OFF'' 
after engine start and before takeoff and landing.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.
    One commenter requests that the FAA modify the Discussion section 
in the proposed AD to read ``* * * the pilot's control of engine power 
during critical phases of the flight could be limited below the maximum 
power. Such limitation could result in a reduction of certified climb 
gradient and subsequent injury to the flight crew and passengers'' 
instead of ``* * * 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.''
    We agree with the commenter's request. However, the Discussion 
section of the proposed AD is not restated in the final rule, so no 
change to the final rule is needed.

Explanation of Change Made to Final Rule

    We have revised paragraph (a)(2) of this final rule to reference 
Revision 65 of EMBRAER EMB-120 Airplane Flight Manual AFM-120/794; the 
proposed AD referenced revision 64 as the appropriate service 
information for the AFM revision. The specific AFM pages referenced in 
that paragraph were not revised at Revision 65, so they remain marked 
as Revision 64. However, because the AFM is at Revision 65, this 
revision is necessary to correctly identify the AFM and to meet the 
Office of the Federal Register's guidelines for materials incorporated 
by reference. There is no change to the AFM revision requirement 
specified in that paragraph.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as revised.

Cost Impact

    The FAA estimates that 217 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required actions, 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 $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 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

[[Page 40310]]

``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:

2004-13-12 Empresa Brasileira De Aeronautica S.A. (Embraer): 
Amendment 39-13694. 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 65, 
dated June 10, 2003, into the AFM.

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.

Incorporation by Reference

    (c) Unless otherwise specified in this AD, the actions shall be 
done in accordance with EMBRAER EMB-120 Airplane Flight Manual AFM-
120/794, Revision 65, dated June 10, 2003, which contains the 
following list of effective pages:

------------------------------------------------------------------------
                                  Revision level
          Page number             shown on page      Date shown on page
------------------------------------------------------------------------
List of Effective Pages--Pages                65   June 10, 2003.
 A-F.
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    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 National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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

Effective Date

    (d) This amendment becomes effective on August 6, 2004.

    Issued in Renton, Washington, on June 16, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-14571 Filed 7-1-04; 8:45 am]
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