[Federal Register Volume 66, Number 124 (Wednesday, June 27, 2001)]
[Rules and Regulations]
[Pages 34083-34085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16047]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 /
Rules and Regulations
[[Page 34083]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-190-AD; Amendment 39-12295; AD 2001-13-14]
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; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to all EMBRAER Model EMB-120 series airplanes. This
action requires revising the Airplane Flight Manual, installing a
placard on the main instrument panel, and removing the ``LIGHT-HEAVY''
inflation switch of the leading edge deicing boots. This amendment is
prompted by issuance of mandatory continuing airworthiness information
by a foreign civil airworthiness authority. This action is intended to
ensure that the flight crew is provided with accurate indications of
the severity of ice accretion and appropriate procedures and actions to
prevent reduced controllability of the aircraft due to accretion of ice
on the airplane.
DATES: Effective July 12, 2001.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 12, 2001.
Comments for inclusion in the Rules Docket must be received on or
before July 27, 2001.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2001-NM-190-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9:00 a.m. and 3:00 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. 2001-NM-190-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 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 FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Paul Pellicano, Aerospace Engineer,
Systems and Flight Test Branch, ACE-116A, FAA, Atlanta Aircraft
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite
450, Atlanta, Georgia 30349; telephone (770) 703-6064; fax (770) 703-
6097.
SUPPLEMENTARY INFORMATION: The Departmento de Aviacao Civil (DAC),
which is the airworthiness authority for Brazil, recently notified the
FAA that an unsafe condition may exist on all EMBRAER Model EMB-120
series airplanes. The DAC advises that it has received reports of loss
of control events occurring on EMBRAER Model EMB-120 series airplanes
that were flying during icing conditions. The DAC advises that such
events indicate that the flight crews may not have correctly determined
both the severity of the ice accretion and the need to take immediate
action to prevent excessive loss of airspeed, especially when using the
autopilot. This condition, if not corrected, could result in reduced
controllability of the airplane due to accretion of ice on the
airplane.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin 120-25-0258, dated May 14,
2001, which describes procedures for installation of a placard in the
cockpit panel that instructs the flight crew to activate the deicing
boots and disengage the autopilot whenever ice is detected by visual
cues or ice detector illumination.
EMBRAER also has issued Service Bulletin 120-30-0032, Change No.
01, dated June 13, 2001, which describes procedures to remove the
inflation cycle switch labeled ``LIGHT-HEAVY'' of the leading edge
boots, and contains instructions for functional and monitoring tests
for the leading edge deicers.
The DAC has issued Brazilian airworthiness directive 2001-05-02,
dated June 6, 2001, requiring accomplishment of the two service
bulletins described previously. The Brazilian airworthiness directive
also requires revision of the Airplane Flight Manual (AFM) that
provides the following instructions to the flight crew during flight in
icing conditions:
1. Do not use the autopilot;
2. Only use the leading edge boots inflation cycle switches in the
position labeled ``heavy;'' and
3. Do not allow the airspeed to fall below 160 knots indicated
airspeed (KIAS) (with flaps and gear up) or below 140 KIAS (with flaps
15 and gear up).
The DAC has issued airworthiness directive 2001-05-02 in order to
assure 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
Sec. 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.
[[Page 34084]]
Explanation of Requirements of 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, this AD is being issued to prevent reduced
controllability of the airplane due to accretion of ice. This AD
requires accomplishment of the actions specified in the service
bulletins described previously, except as discussed below.
Interim Action
This is considered to be interim action until final action is
identified, at which time the FAA may consider further rulemaking.
Differences Between This AD and the Brazilian AD
This AD differs from the Brazilian AD in the following areas:
1. The AFM limitations are more specific as to when to disconnect
the autopilot.
2. This AD does not incorporate the minimum airspeeds in icing
conditions in the Limitations section, since these airspeeds are
already contained in the Normal Procedures section of the FAA-approved
AFM under the ``Operation in Icing Conditions'' section. Additionally,
the Limitations section under ``Operation in Icing Conditions''
currently includes the statement that: ``When operating in known or
forecast icing conditions, the specific procedures for operation in
icing conditions presented in the Normal Procedures Section of this
manual must be followed.'' Therefore, the limitations on minimum
airspeeds in icing conditions specified in the Brazilian AD are already
included in the FAA-approved AFM.
3. This AD includes instructions to remove the current information
contained in the Normal Procedures section advising the pilot to select
either Heavy or Light mode.
4. This AD also adds a ``Warning'' to the Normal Procedures section
to exit icing conditions if the flight crew detects large or frequent
changes in trim or excessive performance degradation.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
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 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 rule that might
suggest a need to modify the 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 that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2001-NM-190-AD.'' The postcard will be date stamped
and returned to the commenter.
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.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, 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
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
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:
2001-13-14 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-12295. Docket 2001-NM-190-AD.
Applicability: All Model EMB-120, -120RT, -120ER, and -120FC
series airplanes, 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 (d) of
this AD. 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 ensure that the flight crew is provided with accurate
indications of the severity of ice accretion and appropriate
procedures and actions to prevent reduced controllability of
[[Page 34085]]
the aircraft due to accretion of ice on the airplane, accomplish the
following:
Airplane Flight Manual
(a) Within 20 flight hours after the effective date of this AD:
Revise the Limitations and Normal Procedures Sections of the FAA-
approved Airplane Flight Manual (AFM) to include the following
procedures, as specified in paragraphs (a)(1), (a)(2), (a)(3), and
(a)(4) of this AD. This may be accomplished by inserting a copy of
this AD in the AFM.
(1) In the Limitations section under the existing title
``Operation in Icing Conditions,'' insert the following:
``Autopilot use is prohibited when atmospheric icing conditions
exist, at the first sign of icing accretion anywhere on the
airplane, or after the illumination of the Ice Condition light,
whichever occurs first.
Leading edge deicers switch must be operated in the Heavy mode
only.''
(2) In the Normal Procedures section under the existing title,
``Operation in Icing Conditions,'' delete the following:
``Leading edge deicers switch.......ON Select `Heavy' or `Light'
mode (1 or 3 minutes cycle), based on the flight crew's judgement
and evaluation of the severity of the ice encounter and rate of
accretion.''
(3) In the Normal Procedures section under the existing title,
``Operation in Icing Conditions,'' insert the following:
``Leading edge deicers switch.......On (TIMER 1 or TIMER 2)
Select `Heavy' mode if Light/Heavy switch is still installed.''
(4) In the Normal Procedures section insert the following
warning:
``WARNING: If large or frequent changes in longitudinal trim,
and/or excessive performance degradation occur (identified by large
increases in power required to maintain airspeed and altitude),
immediately request priority handling from air traffic control to
exit icing conditions.''
Placard Installation
(b) Within 400 flight hours after the effective date of this AD,
install a placard to activate the deicing boots and disengage the
autopilot, whenever ice is detected by visual cues or ice detector
illumination, to the left of the pilot's airspeed indicator and one
placard to the right of the co-pilot's altimeter, per EMBRAER
Service Bulletin 120-25-0258, dated May 14, 2001.
(c) Within 400 flight hours after the effective date of this AD,
remove the ``Light-Heavy'' inflation switch of the leading edge
deicing boots, per EMBRAER Service Bulletin 120-30-0032, Change No.
01, dated June 13, 2001.
Alternative Methods of Compliance
(d) 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. 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
(e) Special flight permits may be issued in accordance with
Secs. 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.
Incorporation by Reference
(f) Except for the actions specified in paragraph (a) of this
AD, the actions shall be done in accordance with EMBRAER Service
Bulletin 120-25-0258, dated May 14, 2001; and EMBRAER Service
Bulletin 120-30-0032, Change No. 01, dated June 13, 2001. 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
FAA, Atlanta Aircraft Certification Office, One Crown Center, 1895
Phoenix Boulevard, suite 450, Atlanta, Georgia; or at the Office of
the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
Note 3: The subject of this AD is addressed in Brazilian
airworthiness directive 2001-05-02, dated June 6, 2001.
Effective Date
(g) This amendment becomes effective on July 12, 2001.
Issued in Renton, Washington, on June 20, 2001.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 01-16047 Filed 6-22-01; 10:10 am]
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