[Federal Register Volume 63, Number 141 (Thursday, July 23, 1998)]
[Rules and Regulations]
[Pages 39485-39487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19457]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-33-AD; Amendment 39-10673; AD 98-15-22]
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 all EMBRAER Model EMB-120 series airplanes, that requires
a one-time inspection for delamination, erosion, and condition of
fillet sealant and conductive edge sealer of the wing and empennage
leading edge area behind the de-ice boots, and follow-on corrective
actions. This amendment is prompted by issuance of mandatory continuing
airworthiness information by a foreign civil airworthiness authority.
The actions specified by this AD are intended to prevent delamination
of the wing and empennage leading edge due to improper installation of
the wing de-ice boot, which could result in reduced controllability of
the airplane.
DATES: Effective August 27, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 27, 1998.
ADDRESSES: 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 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, 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.
FOR FURTHER INFORMATION CONTACT: Rob Capezzuto, Aerospace Engineer,
Systems and Flight Test Branch, ACE-116A, FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30337-2748;
telephone (770) 703-6071; fax (770) 703-6097.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to all EMBRAER Model EMB-120 series
airplanes was published in the Federal Register on March 27, 1998 (63
FR 14855). That action proposed to require a one-time inspection for
delamination, erosion, and condition of fillet sealant and conductive
edge sealer of the wing and empennage leading edge area behind the de-
ice boots, and follow-on corrective actions.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Two commenters support issuance of the rule as proposed.
Request To Cite Original Service Bulletin
One commenter requests that the proposed AD add the original issue
of EMBRAER Alert Service Bulletin 120-51-A004, dated September 13,
1997, as an approved method to comply with the required inspection
specified in paragraph (a) of the proposed AD. The commenter indicates
that it has completed the inspection; however, the inspection was
accomplished in accordance with the original issue of the alert service
bulletin, rather than Change 01, which is referenced in the proposed AD
as the appropriate source of service information. The commenter states
that the differences between the two versions of the alert service
bulletin are not sufficient to warrant accomplishment of the inspection
a second time on its fleet of Model EMB-120 series airplanes.
The FAA does not concur with the commenter's request. The
manufacturer advises that operators that have accomplished the
inspections in accordance with the original issue of EMBRAER Alert
Service Bulletin 120-51-A004, dated September 13, 1997, will need to
accomplish additional work, as described in Change 01 of the alert
service bulletin. While the FAA concurs that the inspection procedures
did not change significantly between the
[[Page 39486]]
original issue and Change 01 of the alert service bulletin, the FAA has
determined that Change 01 should be accomplished as it better addresses
inspection requirements and repair procedures; therefore, no change to
the final rule is necessary. (Part II of the alert service bulletin
adds procedudres for application of conductive edge sealer over the
anti-static paint.) However, under the provisions of paragraph (c) of
the final rule, the FAA may approve requests for an alternative method
of compliance if sufficient data are submitted to substantiate that
such a method would provide an acceptable level of safety.
Issuance of Change 2 of the Alert Service Bulletin
Another commenter, the manufacturer, advises that it soon will
publish Change 2 of EMBRAER Alert Service Bulletin 120-51-A004. The FAA
notes this, and advises that it may consider further rulemaking once it
has reviewed the revision to the alert service bulletin. However, the
FAA does not consider it appropriate to delay issuance of this final
rule, which requires accomplishment of actions in accordance with
Change 01 of the alert service bulletin.
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 as proposed.
Cost Impact
The FAA estimates that 240 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 2 work hours per
airplane to accomplish the required inspection, and that the average
labor rate is $60 per work hour. Based on these figures, the cost
impact of the inspection required by this AD on U.S. operators is
estimated to be $28,800, or $120 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:
98-15-22 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-10673. Docket 98-NM-33-AD.
Applicability: All Model EMB-120 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 (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 delamination of the wing and empennage leading edge
due to improper installation of the wing de-ice boot, which could
result in reduced controllability of the airplane, accomplish the
following:
(a) Within 75 flight hours or 120 days after the effective date
of this AD, whichever occurs later: Perform a one-time visual
inspection for delamination, erosion, and condition of fillet
sealant and conductive edge sealer of the wing and empennage leading
edge area behind the de-ice boots, in accordance with EMBRAER Alert
Service Bulletin 120-51-A004, Change 01, dated November 10, 1997.
Except as provided by paragraph (b) of this AD, prior to further
flight, accomplish follow-on corrective actions in accordance with
the alert service bulletin.
(b) If any discrepancy is found during accomplishment of
paragraph (a) of this AD, and the alert service bulletin specifies
to contact EMBRAER: Prior to further flight, repair the affected
structure in accordance with a method approved by the Manager,
Atlanta Aircraft Certification Office (ACO), FAA, Small Airplane
Directorate.
(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 ACO. 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) Except as provided by paragraph (b) of this AD, the actions
shall be done in accordance with EMBRAER Alert Service Bulletin 120-
51-A004, Change 01, dated November 10, 1997. 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, Small Airplane
Directorate, 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 97-09-07.
(f) This amendment becomes effective on August 27, 1998.
[[Page 39487]]
Issued in Renton, Washington, on July 15, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-19457 Filed 7-22-98; 8:45 am]
BILLING CODE 4910-13-P
