[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Proposed Rules]
[Pages 46932-46934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23740]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-233-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 replacement of the
fairlead support assemblies of the aileron control cable located in the
nacelle outboard fittings with new, improved assemblies; and
replacement of certain attachment screws with new screws. This proposal
is prompted by reports of aileron cable wear due to chafing found
between the aileron control cables and nylon grommets. The actions
specified by the proposed AD are intended to prevent such chafing,
which could result in failure of the aileron cables, and consequent
reduced controllability of the airplane.
DATES: Comments must be received by October 5, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-233-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: Rob Capezutto, 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 30349; telephone
(770) 703-6071; 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
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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-233-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-233-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The FAA has received numerous reports indicating that, during
inspections conducted at the manufacturer's facility, aileron cable
wear was found on Model EMB-120 series airplanes. Investigation
revealed that the wear was caused by chafing between aileron control
cables and nylon grommets in the passage points of the nacelle outboard
fitting, due to the position of the cable while the airplane is in
flight. This condition, if not corrected, could result in failure of
the aileron cables and consequent reduced controllability of the
airplane.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin 120-27-0068, Change 02, dated
March 20, 1998, which describes procedures for either replacement of
the fairlead support assemblies of the aileron control cable with new,
improved assemblies, or replacement of the screws attaching the Teflon
fairlead of the aileron control fairlead support assemblies with new
screws, if applicable. Accomplishment of the actions specified in the
service bulletin is intended to adequately address the identified
unsafe condition. The Departmento de Aviacao Civil (DAC), which is the
airworthiness authority for Brazil, has approved this service bulletin
in order to assure the continued airworthiness of these airplanes in
Brazil.
U.S. Type Certification of Airplane
This airplane model is manufactured in Brazil and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement.
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,
except as discussed below.
Differences Between Proposed Rule and Service Bulletin
Operators should note that, although EMBRAER Service Bulletin 120-
27-0068, Change 02, dated March 20, 1998 (Parts I, II, and IV) allows a
compliance time which specifies that corrective actions may be
accomplished at the operator's discretion, and Part III of the service
bulletin allows a compliance time of 800 hours time-in-service, the FAA
has determined that these compliance times would not address the
identified unsafe condition in a timely manner. The FAA has considered
the safety implications associated with replacement of the fairlead
support assemblies of the aileron control cable or attachment screws,
and finds that a compliance time of 400 hours time-in-service for
performing the replacement is warranted for all affected airplanes, in
that it represents an appropriate interval of time allowable for
affected airplanes to continue to operate without compromising safety.
Cost Impact
The FAA estimates that 227 airplanes of U.S. registry would be
affected by this proposed AD.
For airplanes identified in Part I of EMBRAER Service Bulletin 120-
27-0068, Change 02, it would take approximately 4 work hours per
airplane to accomplish the proposed replacement of the fairlead support
assemblies of the aileron control cable, at an average labor rate of
$60 per work hour. Required parts would cost approximately $1,464 per
airplane. Based on these figures, the cost impact of this replacement
proposed by this AD on U.S. operators is estimated to be $386,808, or
$1,704 per airplane.
For airplanes identified in Part II of EMBRAER Service Bulletin
120-27-0068, Change 02, it would take approximately 1 work hour per
airplane to accomplish the proposed replacement of the fairlead support
assemblies of the aileron control cable, at an average labor rate of
$60 per work hour. Required parts would cost approximately $1,292 per
airplane. Based on these figures, the cost impact of this replacement
proposed by this AD on U.S. operators is estimated to be $306,904, or
$1,352 per airplane.
For airplanes identified in Part III of EMBRAER Service Bulletin
120-27-0068, Change 02, it would take approximately 1 work hour per
airplane to accomplish the proposed replacement of the fairlead support
assemblies of the aileron control cable, at an average labor rate of
$60 per work hour. Required parts would cost approximately $501 per
airplane. Based on these figures, the cost impact of this replacement
proposed by this AD on U.S. operators is estimated to be $127,347, or
$561 per airplane.
For airplanes identified in Part IV of EMBRAER Service Bulletin
120-27-0068, Change 02, it would take approximately 1 work hour per
airplane to accomplish the proposed replacement of the attachment
screws, at an average labor rate of $60 per work hour. Required parts
cost would be minimal. Based on these figures, the cost impact of this
replacement proposed by this AD on U.S. operators is estimated to be
$13,620, or $60 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
[[Page 46934]]
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-233-
AD.
Applicability: Model EMB-120 series airplanes, as listed in
EMBRAER Service Bulletin 120-27-0068, Change 02, dated March 20,
1998; 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 (b) 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 chafing between the aileron control cables and nylon
grommets, which could result in failure of the aileron cables, and
consequent reduced controllability of the airplane, accomplish the
following:
(a) Within 400 hours time-in-service after the effective date of
this AD, accomplish the requirements of paragraph (a)(1), (a)(2),
(a)(3), or (a)(4) of this AD, as applicable, in accordance with
EMBRAER Service Bulletin 120-27-0068, Change 02, dated March 20,
1998.
(1) For airplanes having serial numbers 120003, 120004, and
120006 through 120217 inclusive, on which the modification specified
in EMBRAER Service Bulletin 120-27-0068, dated February 28, 1991,
has not been accomplished: Replace the fairlead support assemblies
of the aileron control cable (provided with fairleads in both teflon
and nylon) located in the nacelle outboard fittings with new,
improved assemblies (Part I), in accordance with the service
bulletin.
(2) For airplanes having serial numbers 120003, 120004, and
120006 through 120217 inclusive, on which the modification specified
in EMBRAER Service Bulletin 120-27-0068, dated February 28, 1991,
has been accomplished; and airplanes having serial numbers 120218
through 120331 inclusive: Replace the fairlead support assemblies of
the aileron control cable (provided with fairleads in Teflon)
located in the nacelle outboard fittings with new, improved
assemblies (Part II), in accordance with the service bulletin.
(3) For airplanes having serial numbers 120003, 120004, and
120006 through 120331 inclusive, on which the modification specified
in EMBRAER Service Bulletin 120-27-0068, dated February 28, 1991, or
Change 01, dated August 1, 1997, has been accomplished; and
airplanes having serial numbers 120332 and 120333: Replace the
attachment screws and the fairlead support assemblies of the aileron
control cable with new, improved assemblies (Part III), in
accordance with the service bulletin.
(4) For airplanes having serial numbers 120334, 120335, and
120336: Replace the attachment screws of the fairlead support
assemblies of the aileron control cable (Part IV), in accordance
with the service bulletin.
(b) 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.
(c) 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.
Issued in Renton, Washington, on August 28, 1998.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-23740 Filed 9-2-98; 8:45 am]
BILLING CODE 4910-13-P
