[Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
[Rules and Regulations]
[Pages 8615-8617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4553]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-51-AD; Amendment 39-9946; AD 97-05-02]
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.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain EMBRAER Model EMB-120 series airplanes, that
requires removal of the upper channel fairings and their shims; and
rework of the riveting holes, the aileron sealing canvas (aerodynamic
seals), and the protective covers of the trim tab hinge fittings of the
aileron and elevator. This amendment is prompted by reports of binding
of the aileron due to water freezing between the upper channel fairings
and the surface of the leading edge of the aileron. The actions
specified by this AD are intended to prevent water from freezing these
areas, which could result in binding of the aileron and subsequent
reduced controllability of the airplane.
DATES: Effective April 2, 1997.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 2, 1997.
ADDRESSES: The service information referenced in this AD may be
obtained from Embraer, Empresa Brasileira De Aeronautica S/A, Sao Jose
Dos Campos, Brazil. This information may be examined at the Federal
Aviation Administration (FAA), Transport Airplane Directorate, Rules
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Small
Airplane Directorate, Atlanta Aircraft Certification Office, Campus
Building, 1701 Columbia Avenue, Suite 2-160, College Park, Georgia; or
at the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Curtis Jackson, Aerospace Engineer,
Airframe Branch, ACE-117A, FAA, Small Airplane Directorate, Atlanta
Aircraft Certification Office, Campus Building, 1701 Columbia Avenue,
Suite 2-160, College Park, Georgia 30337-2748; telephone (404) 305-
7358; fax (404) 305-7348.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
[[Page 8616]]
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain EMBRAER Model EMB-120
series airplanes was published in the Federal Register on May 22, 1995
(60 FR 27056). That action proposed to require removal of the upper
channel fairings and their shims; and rework of the riveting holes, the
aileron sealing canvas (aerodynamic seals), and the protective covers
of the trim tab hinge fittings of the aileron and elevator.
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 Reference Additional Service Information
The only commenter, a U.S. operator, supports the proposal, but
requests that it be revised to reference EMBRAER Service Bulletin 120-
57-0021, Change 2, dated March 8, 1996, as an appropriate source of
service information. This change to the service bulletin revises Change
1, which was referenced in the proposal, by including additional rework
instructions and correcting a reference to the Structural Repair
Manual.
The FAA concurs. The FAA finds that accomplishment of the actions
in accordance with either Change 1 or Change 2 of the EMBRAER service
bulletin will provide an acceptable level of safety and meet the intent
of this AD action. The final rule has been revised to reference both
service documents. Operators who already have accomplished the actions
in accordance with Change 1 will not have to perform any additional
work.
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 the adoption of the rule with the change previously
described. The FAA has determined that this change will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
The FAA estimates that 263 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 10 work hours per
airplane to accomplish the required actions, and that the average labor
rate is $60 per work hour. The cost for required parts is expected to
be negligible. Based on these figures, the cost impact of the AD on
U.S. operators is estimated to be $157,800, or $600 per airplane.
The cost impact figure discussed above is 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.
Regulatory Impact
The regulations adopted herein will 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 final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
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 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
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:
97-05-02 Embraer: Amendment 39-9946. Docket 95-NM-51-AD.
Applicability: Model EMB-120 series airplanes; as listed in
EMBRAER Service Bulletin No. 120-57-0021, Change 2, dated March 8,
1996; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise 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. 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 binding of the aileron and subsequent reduced
controllability of the airplane, accomplish the following:
(a) Within 3,000 hours time-in-service after the effective date
of this AD, remove the upper channel fairings and their shims; and
rework the riveting holes, the aileron sealing canvas (aerodynamic
seals), and the protective covers of the trim tab hinge fittings of
the aileron and elevator; in accordance with EMBRAER Service
Bulletin No. 120-57-0021, Change 1, dated September 10, 1993; or
Change 2, dated March 8, 1996.
(b) As of the effective date of this AD, no person shall install
any aileron sealing canvas having part number (P/N) 120-08130-001,
120-08131-001, or 120-08132-001, on any airplane unless that canvas
has been reworked in accordance with EMBRAER Service Bulletin No.
120-57-0021, Change 1, dated September 10, 1993; or Change 2, dated
March 8,1996.
(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.
(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.
(e) The actions shall be done in accordance with EMBRAER Service
Bulletin No. 120-57-0021, Change 1, dated September 10, 1993; or
EMBRAER Service Bulletin No. 120-57-0021, Change 2, dated March 8,
1996. 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 Embraer, Empresa Brasileira De
Aeronautica S/A, Sao Jose Dos Campos, Brazil. Copies may be
inspected at the FAA,
[[Page 8617]]
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Atlanta Aircraft Certification Office,
Small Airplane Directorate, Campus Building, 1701 Columbia Avenue,
Suite 2-160, College Park, Georgia; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(f) This amendment becomes effective on April 2, 1997.
Issued in Renton, Washington, on February 19, 1997.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-4553 Filed 2-25-97; 8:45 am]
BILLING CODE 4910-13-U
