[Federal Register Volume 65, Number 137 (Monday, July 17, 2000)]
[Proposed Rules]
[Pages 44013-44015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18042]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 65, No. 137 / Monday, July 17, 2000 /
Proposed Rules
[[Page 44013]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2000-NM-130-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 inspections of certain
components, and corrective action, if necessary. This action is
necessary to prevent deterioration and deformation of the mass-balance
weights of the aileron, which could affect the surface balance of the
aileron and result in loss of aileron control and consequent reduced
controllability of the airplane. This action is intended to address the
identified unsafe condition.
DATES: Comments must be received by August 16, 2000.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2000-NM-130-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. 2000-NM-130-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 for Windows 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; or at the FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia.
FOR FURTHER INFORMATION CONTACT: Satish Lall, Aerospace Engineer,
Airframe and Propulsion Branch, ACE-117A, FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30337-2748;
telephone (770) 703-6082; fax (770) 703-6097.
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 notice 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 notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2000-NM-130-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. 2000-NM-130-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. The DAC
advises that the mass-balance weights of the aileron may deteriorate or
become deformed. Such deterioration or deformation could affect the
surface balance and lead to chafing between the exposed end of the
mass-balance weight and the adjoining aileron hinge attachment. This
condition, if not corrected, could result in loss of aileron control
and consequent reduced controllability of the airplane.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin 120-27-0077, Change No. 01,
dated October 24, 1997, which, for certain airplanes, describes
procedures for repetitive visual inspections to measure the gap between
the mass-balance weights and aileron hinge attachment, and corrective
action, if necessary. For all airplanes, the service bulletin describes
procedures for performing a one-time detailed visual inspection of the
mass-balance weights to detect any cavity, hole, or delamination, and
follow-on actions. For affected airplanes, accomplishment of the one-
time detailed visual inspection eliminates the need for the repetitive
inspections described previously. If no cavity, hole, or delamination
is found,
[[Page 44014]]
follow-on actions involve visual inspection of the surface of the mass-
balance weights to detect white powder, and removal of any detected
white powder. If any cavity, hole, or delamination is found, corrective
action involves replacement of the mass-balance weights with new,
improved parts. 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 Brazilian airworthiness directive 98-01-02, dated January 15,
1998, in order 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 service bulletin described previously.
Differences Between DAC's Airworthiness Directive and This Proposed
AD
Operators should note that the DAC's airworthiness directive
recommends that repetitive measurements of the gap between the mass-
balance weights and aileron hinge attachment, and corrective action, if
necessary, be accomplished on all airplanes manufactured since March 1,
1995. The FAA finds that it is clearer to refer to the airplanes
affected by this AD by serial number rather than by date of
manufacture. Therefore, this proposed AD would require these repetitive
measurements for airplanes with serial numbers 120-0291, 120-0294, and
120-0296 through 120-0333 inclusive.
In addition, operators should note that, for the one-time detailed
visual inspection of the mass-balance weights to detect any cavity,
hole, or delamination, the DAC's airworthiness directive specifies
separate compliance times depending on whether the airplane was
manufactured before or after March 1, 1995. However, this proposed AD
would require that this action be accomplished on all airplanes subject
to this AD within 2,000 flight hours after the effective date of this
AD. In developing an appropriate compliance time for this proposed AD,
the FAA considered not only the DAC's recommendation, but the degree of
urgency associated with addressing the subject unsafe condition, and
the date the DAC's recommendation was issued. In light of these
factors, the FAA finds that 2,000 flight hours represents an
appropriate interval of time allowable for all affected airplanes to
continue to operate without compromising safety.
Cost Impact
The FAA estimates that approximately 28 U.S.-registered airplanes
would be affected by the proposed requirement to measure the gap
between the mass-balance weights and aileron hinge attachment. It would
take approximately 2 work hours per airplane to accomplish the proposed
measurement, at an average labor rate of $60 per work hour. Based on
these figures, the cost impact of this proposed requirement on U.S.
operators is estimated to be $3,360, or $120 per airplane, per
inspection cycle.
The FAA estimates that approximately 230 U.S.-registered airplanes
would be affected by the proposed detailed visual inspection of the
mass-balance weights to detect any cavity, hole, or delamination. It
would take approximately 8 work hours per airplane to accomplish this
proposed inspection, at an average labor rate of $60 per work hour.
Based on these figures, the cost impact of these proposed requirements
on U.S. operators is estimated to be $110,400, or $480 per airplane.
The cost impact figures discussed above are 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.
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 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 2000-NM-
130-AD.
Applicability: Model EMB-120 series airplanes, serial numbers
120-0001 through 120-0333 inclusive; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (c) of
this AD.
[[Page 44015]]
The request should include an assessment of the effect of the
modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent deterioration and deformation of the mass-balance
weights of the aileron, which could affect the surface balance of
the aileron and result in loss of aileron control and consequent
reduced controllability of the airplane, accomplish the following:
Measurement of Clearance and Corrective Actions
(a) For airplanes having serial numbers 120-0291, 120-0294, and
120-0296 through 120-0333 inclusive: Within 150 flight hours after
the effective date of this AD, measure the clearance between the
aileron mass-balance weights and attach fittings on the left and
right sides of the airplane, in accordance with PART I of the
Accomplishment Instructions of EMBRAER Service Bulletin 120-27-0077,
Change No. 01, dated October 24, 1997.
(1) If the clearance is within the acceptable limits described
in the service bulletin, thereafter, repeat the measurement at
intervals not to exceed 1,000 flight hours until the actions
required by paragraph (b) of this AD have been accomplished.
(2) If the clearance is outside the acceptable limits described
in the service bulletin, prior to further flight, replace the
affected mass-balance weight with a new, improved mass-balance
weight, in accordance with PART III of the Accomplishment
Instructions of the service bulletin. Such replacement terminates
the requirement to accomplish paragraph (b) of this AD.
Detailed Visual Inspection and Follow-On Actions
(b) For all airplanes: Within 2,000 flight hours after the
effective date of this AD, perform a one-time detailed visual
inspection of the aileron mass-balance weights to detect any cavity,
hole, or delamination, in accordance with PART II of the
Accomplishment Instructions of EMBRAER Service Bulletin 120-27-0077,
Change No. 01, dated October 24, 1997. Such inspection constitutes
terminating action for the repetitive inspections required by
paragraph (a)(1) of this AD for airplanes subject to paragraph (a)
of this AD.
(1) If no cavity, hole, or delamination is detected: Prior to
further flight, perform a one-time detailed visual inspection to
detect white powder on the surface of the mass-balance weights, in
accordance with PART II of the Accomplishment Instructions of the
service bulletin. If any white powder is found, remove the white
powder in accordance with the service bulletin.
(2) If any cavity, hole, or delamination is found, prior to
further flight, replace the affected mass-balance weight with a new,
improved mass-balance weight, in accordance with PART III of the
Accomplishment Instructions of the service bulletin.
Alternative Methods of Compliance
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Atlanta Aircraft Certification
Office (ACO), FAA, Small Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Atlanta ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
Special Flight Permits
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Note 3: The subject of this AD is addressed in Brazilian
airworthiness directive 98-01-02, dated January 15, 1998.
Issued in Renton, Washington, on July 11, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 00-18042 Filed 7-14-00; 8:45 am]
BILLING CODE 4910-13-U