[Federal Register Volume 60, Number 98 (Monday, May 22, 1995)]
[Proposed Rules]
[Pages 27056-27058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12441]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-51-AD]
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 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
proposal 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 the proposed AD
are intended to prevent water from freezing between the upper channel
fairings and the surface of the leading edge on the aileron, which
could result in binding of the aileron and subsequent reduced
controllability of the airplane.
DATES: Comments must be received by July 3, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-51-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, Campus Building,
1701 Columbia Avenue, Suite 2-160, College Park, Georgia.
FOR FURTHER INFORMATION CONTACT: Linda Haynes, Aerospace Engineer,
Propulsion 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-
7377; fax (404) 305-7348.
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 95-NM-51-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-103, Attention: Rules
Docket No. 95-NM-51-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Departamento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, recently 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 binding of the aileron
on Model EMB-120 series airplanes. In these instances, movement of the
aileron was possible, but difficult. All of the airplanes involved were
equipped with upper channel fairings (Kevlar strips) on the aileron.
Investigation revealed that, when the upper channel fairings are wet
and come in contact with a surface of the leading edge of the aileron
that is also wet, water can freeze between the two parts. This
condition, if not corrected, could result in binding of the aileron and
subsequent reduced controllability of the airplane.
EMBRAER has issued Service Bulletin No. 120-57-0021, Change 1,
dated September 10, 1993, which describes procedures for removal of the
upper channel fairings and their shims; and rework of the riveting
holes, the aileron [[Page 27057]] sealing canvas (aerodynamic seals),
and the protective covers of the trim tab hinge fittings of the aileron
and elevator. Rework of the aileron sealing canvas involves increasing
the gaps between the aileron sealing canvas and the wing fittings, and
enlarging the drain hole on the protective covers of the trim tab hinge
fittings of the aileron and the elevator. Removal of the fairings and
their shims will allow more water to enter the region of the aileron
sealing canvas (aerodynamic seals). The DAC classified this service
bulletin as mandatory in order to assure the continued airworthiness of
these airplanes in Brazil.
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. -
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 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. The actions would be required to be accomplished in
accordance with the service bulletin described previously. -
As a result of recent communications with the Air Transport
Association (ATA) of America, the FAA has learned that, in general,
some operators may misunderstand the legal effect of AD's on airplanes
that are identified in the applicability provision of the AD, but that
have been altered or repaired in the area addressed by the AD. The FAA
points out that all airplanes identified in the applicability provision
of an AD are legally subject to the AD. If an airplane has been altered
or repaired in the affected area in such a way as to affect compliance
with the AD, the owner or operator is required to obtain FAA approval
for an alternative method of compliance with the AD, in accordance with
the paragraph of each AD that provides for such approvals. A note has
been included in this notice to clarify this long-standing requirement.
-
The FAA estimates that 263 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 10 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $60 per work hour. The cost for required parts
would be negligible. Based on these figures, the total cost impact of
the proposed AD on U.S. operators is estimated to be $157,800, or $600
per airplane. -
The total cost impact figure discussed above is 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 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. App. 1354(a), 1421 and 1423; 49 U.S.C.
106(g); and 14 CFR 11.89.
Sec. 39.13 [Amended] -
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Embraer: Docket 95-NM-51-AD.
-Applicability: Model EMB-120 series airplanes; as listed in
EMBRAER Service Bulletin No. 120-57-0021, Change 1, dated September
10, 1993; 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 use the authority
provided in paragraph (c) to request approval from the FAA. This
approval may address either no action, if the current configuration
eliminates the unsafe condition; or different actions necessary to
address the unsafe condition described in this AD. Such a request
should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
-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. -
(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. -
(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
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.
[[Page 27058]] Issued in Renton, Washington, on May 16, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-12441 Filed 5-19-95; 8:45 am]
BILLING CODE 4910-13-U
