98-30537. Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120 Series Airplanes  

  • [Federal Register Volume 63, Number 220 (Monday, November 16, 1998)]
    [Proposed Rules]
    [Pages 63620-63621]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-30537]
    
    
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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.
    
    ========================================================================
    
    
    Federal Register / Vol. 63, No. 220 / Monday, November 16, 1998 / 
    Proposed Rules
    
    [[Page 63620]]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Federal Aviation Administration
    
    14 CFR Part 39
    
    [Docket No. 98-NM-265-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 removing the thermal 
    insulating blankets from the upper rear nacelle structure; re-
    positioning the engine exhaust duct; and replacing the engine exhaust 
    bracket with a new engine exhaust bracket, if necessary. For certain 
    airplanes, this proposal also would require installing new stainless 
    steel plates onto the upper rear nacelle structure. This proposal is 
    prompted by issuance of mandatory continuing airworthiness information 
    by a foreign civil airworthiness authority. The actions specified by 
    the proposed AD are intended to prevent fretting of the titanium 
    thermal insulating blankets, which could result in an increased risk of 
    fire in the engine exhaust duct of the tail pipe.
    
    DATES: Comments must be received by December 16, 1998.
    
    ADDRESSES: Submit comments in triplicate to the Federal Aviation 
    Administration (FAA), Transport Airplane Directorate, ANM-114, 
    Attention: Rules Docket No. 98-NM-265-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.
        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: Linda M. Haynes, 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) 703-6091; 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.
        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 98-NM-265-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. 98-NM-265-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 it has received reports of fire in the engine exhaust duct 
    of the tail pipe. Investigation revealed that the aft section of the 
    engine exhaust duct is subject to vibration that causes relative motion 
    between the layers of insulation blankets and the engine exhaust duct. 
    As a result, the titanium thermal insulating blankets are subject to 
    fretting. Such fretting produces titanium dust, which under intense 
    heat, could spontaneously ignite. This condition, if not corrected, 
    could result in an increased risk of fire in the engine exhaust duct of 
    the tail pipe.
    
    Explanation of Relevant Service Information
    
        EMBRAER has issued Service Bulletin 120-54-0035, Change 02, dated 
    May 29, 1998, which describes procedures for removing the thermal 
    insulating blankets from the upper rear nacelle structure; re-
    positioning the engine exhaust duct with the use of shims; and 
    replacing the engine exhaust bracket with a new engine exhaust bracket, 
    if necessary. For certain airplanes, the service bulletin also 
    describes procedures for installing new stainless steel plates onto the 
    upper rear nacelle structure. 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 directives 97-11-03, 
    dated December 3, 1997, and 97-11-03R1, dated July 6, 1998, 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
    
    [[Page 63621]]
    
    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.
    
    Cost Impact
    
        The FAA estimates that 171 airplanes of U.S. registry would be 
    affected by this proposed AD.
        It would take approximately 9 work hours per airplane to accomplish 
    the actions on airplanes listed in ``Part I'' of EMBRAER Service 
    Bulletin 120-54-0035, Change 02, at an average labor rate of $60 per 
    work hour. Required parts would cost approximately $337 per airplane. 
    Based on these figures, the cost impact of the proposed requirements of 
    this AD on U.S. operators of airplanes listed in ``Part I'' of the 
    service bulletin is estimated to be $877 per airplane.
        It would take approximately 2 work hours per airplane to accomplish 
    the actions on airplanes listed in ``Part II'' of EMBRAER Service 
    Bulletin 120-54-0035, Change 02, at an average labor rate of $60 per 
    work hour. Based on these figures, the cost impact of the proposed 
    requirements of this AD on U.S. operators of airplanes listed in ``Part 
    II'' of the service bulletin is estimated to be $120 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.
    
    Regulatory Impact
    
        The regulations proposed herein would not have substantial direct 
    effects 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, in 
    accordance with Executive Order 12612, it is determined that this 
    proposal would not have sufficient federalism implications to warrant 
    the preparation of a Federalism Assessment.
        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 98-NM-265-
    AD.
    
        Applicability: Model EMB-120 series airplanes, serial numbers 
    (S/N) 120003, 120004, and 120006 through 120336 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 (e) 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 prevent fretting of the titanium thermal insulating blankets, 
    which could result in an increased risk of fire in the engine 
    exhaust duct of the tail pipe, accomplish the following:
        (a) For airplanes identified in ``Part I'' of the effectivity 
    listing of EMBRAER Service Bulletin 120-54-0035, Change 02, dated 
    May 29, 1998: Within 2,400 flight hours after the effective date of 
    this AD, accomplish paragraphs (a)(1) and (a)(2) in accordance with 
    the service bulletin.
        (1) Remove the thermal insulating blankets from the upper rear 
    nacelle structure.
        (2) Install new stainless steel plates onto the upper rear 
    nacelle structure.
        (b) For airplanes identified in ``Part II'' of the effectivity 
    listing of EMBRAER Service Bulletin 120-54-0035, Change 02, dated 
    May 29, 1998: Within 2,400 flight hours after the effective date of 
    this AD, remove the thermal insulating blankets from the upper rear 
    nacelle structure in accordance with the service bulletin.
        (c) For all airplanes: Prior to further flight following 
    accomplishment of either paragraph (a) or (b) of this AD, as 
    applicable, re-position the engine exhaust duct with the use of 
    shims in accordance with EMBRAER Service Bulletin 120-54-0035, 
    Change 02, dated May 29, 1998. If it is not possible to re-position 
    the engine exhaust duct with the use of shims as specified in the 
    service bulletin, prior to further flight, replace the rear exhaust 
    duct bracket with a new rear exhaust duct bracket, in accordance 
    with the ``NOTE'' in paragraph 1.3.1.1 of the Planning section of 
    the service bulletin.
        (d) As of the effective date of this AD, no person shall install 
    on any airplane a thermal insulating blanket having part number (P/
    N) 120-35411-025, -035, -036, 120035413-001, or 12035411-002.
        (e) 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.
    
        (f) 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 directives 97-11-03, dated December 3, 1997, and 97-
    11-03R1, dated July 6, 1998.
    
        Issued in Renton, Washington, on November 9, 1998.
    Darrell M. Pederson,
    Acting Manager, Transport Airplane Directorate, Aircraft Certification 
    Service.
    [FR Doc. 98-30537 Filed 11-13-98; 8:45 am]
    BILLING CODE 4910-13-U
    
    
    

Document Information

Published:
11/16/1998
Department:
Federal Aviation Administration
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking (NPRM).
Document Number:
98-30537
Dates:
Comments must be received by December 16, 1998.
Pages:
63620-63621 (2 pages)
Docket Numbers:
Docket No. 98-NM-265-AD
RINs:
2120-AA64: Airworthiness Directives
RIN Links:
https://www.federalregister.gov/regulations/2120-AA64/airworthiness-directives
PDF File:
98-30537.pdf
CFR: (1)
14 CFR 39.13