[Federal Register Volume 73, Number 138 (Thursday, July 17, 2008)]
[Rules and Regulations]
[Pages 40962-40965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15969]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-33-AD; Amendment 39-15613; AD 2008-15-01]
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, 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 include operational limitations 
for use of the autopilot, installing two placards that advise the 
flight crew to check the pitch trim before descent, and modifying the 
elevator trim system, which would terminate the requirements of the AD. 
The actions specified by this AD are intended to prevent pitch trim 
upsets if the pitch trim actuators jam or freeze, which could result in 
reduced controllability of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Effective August 21, 2008.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 21, 2008.

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.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; 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

[[Page 40963]]

Model EMB-120 series airplanes was published as a supplemental notice 
of proposed rulemaking (NPRM) in the Federal Register on February 8, 
2008 (73 FR 7494). That action proposed to require revising the 
airplane flight manual to include operational limitations for use of 
the autopilot, installing two placards (with revised language) that 
advise the flight crew to check the pitch trim before descent, and 
modifying the elevator trim system, which would terminate the 
requirements of the AD.

New Relevant Service Information

    The supplemental NPRM referred to EMBRAER Service Bulletins 120-27-
0095 and 120-27-0096, both dated February 16, 2007, as the appropriate 
sources of service information for the elevator trim system 
modification. EMBRAER has since revised these service bulletins. 
Service Bulletins 120-27-0095, Revision 01, dated October 30, 2007; and 
120-27-0096, Revision 01, dated October 1, 2007; include minor changes 
but provide no additional work. In this final rule, we have changed 
paragraph (d) to refer to Revision 01 of the service bulletins, added 
new paragraph (e) to provide credit for the prior accomplishment of the 
original service bulletins, and re-identified subsequent paragraphs 
accordingly.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request to Conditionally Allow Autopilot Re-Engagement

    SkyWest Airlines, Inc., requests that we revise the NPRM to allow 
autopilot re-engagement once pitch trim is recovered. According to the 
commenter, the inability to re-engage the autopilot for the remainder 
of the flight can place an unreasonable workload on a flightcrew during 
some of the most critical and demanding phases of flight.
    We do not agree. We recognize that the inability to re-engage the 
autopilot could add to the flightcrew's workload during certain phases 
of flight, but we do not agree that continued flight would be safe with 
the autopilot re-engaged. When free pitch trim is restored after 
jamming, the appropriate approach is to continue the flight manually 
without the autopilot and report the issue to maintenance, rather than 
re-engaging the autopilot, so the cause of the jam can be evaluated and 
corrected before further use of the autopilot. We have not changed the 
AD regarding this issue.

Request to Limit Conditions That Require Pitch Trim Check

    SkyWest requests that we require a pitch trim check only when a 
pitch trim jam is suspected. The commenter states that the existing 
criteria are too broad, as they would include extremes of descents in 
conditions of no ice, no moisture, and outside air temperature in 
excess of 25 degrees Celsius.
    We disagree. Jamming of the trim system is not dependent on the 
environmental conditions. Internal friction of the trim actuators may 
gradually increase in normal use regardless whether the actuator is 
internally contaminated. We have not changed the AD regarding this 
issue.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require adopting the AD with the changes described previously. 
We also determined that these changes will not increase the economic 
burden on any operator or increase the scope of the AD.

Cost Impact

    The following table provides the estimated costs for U.S. operators 
to comply with this AD.

                                                                     Estimated Costs
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                                                                                                                          Number of U.S.-
                         Action                             Work hours     Average labor       Parts         Cost per       registered      Fleet cost
                                                                           rate per hour                      product        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
AFM revisions...........................................               1             $80              $0             $80             103          $8,240
Placard installation....................................               2              80             182             342             103          35,226
Actuator replacement....................................               7              80          16,670          17,230             103       1,774,690
Cable replacement.......................................              14              80           1,050           2,170             103         223,510
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    The cost impact figures discussed above are 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.

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 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 ``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

[[Page 40964]]

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:

2008-15-01 Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-15613. Docket 2003-NM-33-AD.

    Applicability: All Model EMB-120, -120ER, -120FC, -120QC, and -
120RT airplanes, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent pitch trim upsets if the pitch trim actuators jam or 
freeze, which could result in reduced controllability of the 
airplane, accomplish the following:

Revision of Airplane Flight Manual (AFM): AFM-120/794

    (a) Within 100 flight hours after the effective date of this AD, 
revise the FAA-approved AFM, EMBRAER AFM-120/794, as specified in 
paragraphs (a)(1) and (a)(2) of this AD. These actions may be 
accomplished by inserting a copy of this AD into the AFM.
    (1) Revise the FLIGHT CONTROLS FAILURES paragraph of the 
Abnormal Procedures section by replacing the existing ELEVATOR TRIM 
JAMMING procedure with the following:

``ELEVATOR TRIM JAMMING

Control Wheel.............................  Hold Firmly
Autopilot.................................  Disengage
Airspeed..................................  Reduce
 


    Note: Minimum airspeed with flap 0[deg]--160 KIAS


Pitch trim command........................  Check all switches and
                                             elevator trim wheel
 

    If pitch trim is recovered:
    Re-trim the airplane and continue the flight with the autopilot 
disengaged, not exceeding the airspeed when the trim was recovered.
    If pitch trim is not recovered:
    Land at the nearest suitable airport.
    Approach and landing configuration:

Landing gear..............................  Down
Flaps.....................................  25
Airspeed..................................  Vref25
 

    CAUTION: DO NOT TRY TO RE-ENGAGE THE AUTOPILOT.''
    (2) Revise the Normal Procedures section of the AFM, after the 
current checklist item for activating the FASTEN BELTS switch, by 
inserting the following:

``PITCH TRIM SYSTEM CHECK

Control Wheel.............................  Hold firmly
Autopilot.................................  Disengage
Power Levers..............................  As required
Elevator Trim Wheels......................  As required
 

    CAUTION: MANUALLY SET THE ELEVATOR TRIM WHEELS TO THE REQUIRED 
DESCENT ATTITUDE.
    If any trim system binding (if trim wheel rotates more than one 
trim wheel index mark after being released), or abnormal trim 
operation is observed:

Elevator Trim Jamming Procedure...........  Perform
 

    CAUTION: DO NOT TRY TO RE-ENGAGE THE AUTOPILOT.
    If no abnormal trim operation is observed:

Flight Director Vertical Mode.............  As required
Autopilot.................................  Reengage''
 

AFM Revision: Collins APS-65B Autopilot AFM Supplement

    (b) Concurrently with the AFM revisions required by paragraph 
(a) of this AD, revise the Limitations section of the Collins APS-
65B Autopilot System Supplement to include the following (this may 
be accomplished by inserting a copy of this AD into the AFM 
Supplement):
    ``1) The autopilot must not be used during descent unless a trim 
check has been performed successfully prior to descent, as follows:

PITCH TRIM SYSTEM CHECK

Control Wheel.............................  Hold firmly
Autopilot.................................  Disengage
Power Levers..............................  As required
Elevator Trim Wheels......................  As required
 

    CAUTION: MANUALLY SET THE ELEVATOR TRIM WHEELS TO THE REQUIRED 
DESCENT ATTITUDE.
    If any trim system binding (if trim wheel rotates more than one 
trim wheel index mark after being released), or abnormal trim 
operation is observed:

Elevator Trim Jamming Procedure...........  Perform
 

    CAUTION: DO NOT TRY TO RE-ENGAGE THE AUTOPILOT.
    If no abnormal trim operation is observed:

Flight Director Vertical Mode.............  As required
Autopilot.................................  Reengage
 

    2) If an elevator trim jamming is detected during flight and the 
pitch trim system resumes normal operation on ground, only a ferry 
flight using a special permit may be performed to return the 
aircraft to a maintenance base for replacement of the actuators. In 
this case, the use of autopilot is prohibited.''

Placard Installation

    (c) Within 300 flight hours after the effective date of this AD, 
install two placards on the glareshield, advising the flight crew to 
check the pitch trim before initial descent, in accordance with Part 
II of the Accomplishment Instructions of EMBRAER Service Bulletin 
120-25-0262, Change 02, dated October 30, 2003.

Elevator Trim System Modification

    (d) Within 36 months after the effective date of this AD, modify 
the elevator trim system, in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 120-27-0095, Revision 01, 
dated October 30, 2007; and EMBRAER Service Bulletin 120-27-0096, 
Revision 01, dated October 1, 2007. Accomplishment of the 
modification terminates the requirements of paragraphs (a), (b), and 
(c) of this AD, and the corresponding AFM revisions and placards may 
be removed.

Credit for Prior Accomplishment

    (e) A modification done before the effective date of this AD in 
accordance with EMBRAER Service Bulletins 120-27-0095 and 120-27-
0096, both dated February 16, 2007, is acceptable for compliance 
with the requirements of paragraph (d) of this AD.
    Parts Installation
    (f) As of 36 months after the effective date of this AD, no 
person may install, on any airplane, an elevator trim tab actuator 
or control cable having a part number identified in Table 1 of this 
AD.

                       Table 1.--Prohibited Parts
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                 Part                               Part No.
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Elevator trim tab actuator............  120-19685-001; 120-19685-003;
                                         120-19685-007; 120-38650-001;
                                         120-39205-001; 5299; 5299-1.
Control cable.........................  120-27729-095; 120-27729-097;
                                         120-31370-095; 120-31370-097.
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Alternative Methods of Compliance

    (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) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Incorporation by Reference

    (h) You must use the service information contained in Table 2 of 
this AD to do the

[[Page 40965]]

actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 
12.225, Sao Jose dos Campos--SP, Brazil.
    (3) You may review copies of the service information that is 
incorporated by reference 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.

              Table 2.--Material Incorporated by Reference
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        Service Bulletin          Revision level           Date
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EMBRAER Service Bulletin 120-25- Change 02......  October 30, 2003.
 0262.
EMBRAER Service Bulletin 120-27- Revision 01....  October 30, 2007.
 0095.
EMBRAER Service Bulletin 120-27- Revision 01....  October 1, 2007.
 0096.
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    Note 1: The subject of this AD is addressed in Brazilian 
airworthiness directive 2001-06-01R4, effective August 23, 2007.

Effective Date

    (i) This amendment becomes effective on August 21, 2008.

    Issued in Renton, Washington, on July 3, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-15969 Filed 7-16-08; 8:45 am]
BILLING CODE 4910-13-P