[Federal Register Volume 71, Number 16 (Wednesday, January 25, 2006)]
[Proposed Rules]
[Pages 4075-4077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-902]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23674; Directorate Identifier 2005-NM-234-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-
120, -120ER, -120FC, -120QC, and -120RT airplanes. This proposed AD 
would require a one-time inspection of the interior of the internal 
elevator torque tube of each elevator control surface for oxidation and 
corrosion, and corrective actions. This proposed AD results from 
corrosion in torque tubes of the elevators found during scheduled 
maintenance. We are proposing this AD to detect and correct corrosion 
in the torque tubes of the elevators, which could lead to an unbalanced 
elevator and result in reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by February 24, 
2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service 
information identified in this proposed AD.

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

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``FAA-2006-
23674; Directorate Identifier 2005-NM-234-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register

[[Page 4076]]

published on April 11, 2000 (65 FR 19477-78), or you may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    The Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified us that an unsafe condition may exist on 
all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120, -
120ER, -120FC, -120QC, and -120RT airplanes. The DAC advises that, 
during scheduled maintenance, corrosion was found inside the torque 
tubes of the elevators. Corrosion in the torque tubes can lead to an 
unbalanced elevator. This condition, if not corrected, could result in 
reduced controllability of the airplane.

Relevant Service Information

    EMBRAER has issued Service Bulletin 120-55-0015, dated January 14, 
2005. The service bulletin describes procedures for doing a visual 
inspection of the interior of the internal elevator torque tube of each 
elevator control surface for oxidation and corrosion, and corrective 
actions. If no oxidation or corrosion is found and the internal 
diameter of the torque tube is protected (painted), the corrective 
action includes cleaning the internal diameter and applying a corrosion 
inhibiting compound. If no oxidation or corrosion is found but the 
internal diameter of the torque tube is unprotected, the corrective 
action includes cleaning the internal diameter and applying a chemical 
conversion coating, finishing coat, and corrosion inhibiting compound. 
If only oxidation is found, the corrective action includes removing the 
oxidation and applying a chemical conversion coating, finishing coat, 
and corrosion inhibiting compound. If oxidation is found but cannot be 
completely removed or if any corrosion points are found, the corrective 
action includes removing the affected elevator; removing any oxidation 
or corrosion from the interior part of the torque tubes with sandpaper; 
and applying a chemical conversion coating, finishing coat, and 
corrosion inhibiting compound. If the thickness of the removed 
corrosion is greater than 0.005 inch, the corrective action is to 
replace the corroded torque tube with a new torque tube.
    The DAC mandated the service information and issued Brazilian 
airworthiness directive 2005-10-03, dated November 3, 2005, to ensure 
the continued airworthiness of these airplanes in Brazil.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined the DAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for airplanes of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Difference Between 
the Proposed AD and Service Bulletin.''

Difference Between the Proposed AD and Service Bulletin

    Brazilian airworthiness directive 2005-10-03 is applicable to ``all 
EMB-120( ) aircraft models in operation.'' However, this does not agree 
with EMBRAER Service Bulletin 120-55-0015, which states that only 
certain EMB-120 airplanes are affected and identifies them by serial 
number. This proposed AD would be applicable only to the airplanes 
listed in the service bulletin. This difference has been coordinated 
with the DAC.

Clarification of Inspection Terminology

    The ``visual inspection'' specified in the EMBRAER service bulletin 
is referred to as a ``detailed inspection'' in this proposed AD. We 
have included the definition for a detailed inspection in a note in 
this proposed AD.

Costs of Compliance

    This proposed AD would affect about 108 airplanes of U.S. registry. 
The proposed actions would take about 3 work hours per airplane, at an 
average labor rate of $65 per work hour. Based on these figures, the 
estimated cost of the proposed AD for U.S. operators is $21,060, or 
$195 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

[[Page 4077]]

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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2006-23674; Directorate Identifier 2005-NM-234-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by February 
24, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-120, -120ER, -120FC, -
120QC, and -120RT airplanes, certificated in any category; as 
identified in EMBRAER Service Bulletin 120-55-0015, dated January 
14, 2005.

Unsafe Condition

    (d) This AD results from corrosion in torque tubes of the 
elevators found during scheduled maintenance. We are issuing this AD 
to detect and correct corrosion in the torque tubes of the 
elevators, which could lead to an unbalanced elevator and result in 
reduced controllability of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Detailed Inspection and Corrective Actions

    (f) Within 4,000 flight hours or 730 days after the effective 
date of this AD, whichever is first: Do a detailed inspection of the 
interior of the internal elevator torque tube of each elevator 
control surface for oxidation and corrosion, and the applicable 
corrective actions, by accomplishing all of the applicable actions 
specified in the Accomplishment Instructions of EMBRAER Service 
Bulletin 120-55-0015, dated January 14, 2005. The corrective actions 
must be done before further flight after accomplishing the 
inspection.

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

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (h) Brazilian airworthiness directive 2005-10-03, dated November 
3, 2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on January 17, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-902 Filed 1-24-06; 8:45 am]
BILLING CODE 4910-13-P