[Federal Register: July 31, 2003 (Volume 68, Number 147)]
[Rules and Regulations]
[Page 44871-44874]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy03-4]
[[Page 44871]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2000-NM-66-AD; Amendment 39-13248; AD 2003-15-05]
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 supersedes an existing airworthiness directive
(AD), applicable to certain EMBRAER Model EMB-120 series airplanes,
that currently requires repetitive visual checks or inspections to
verify that the flight idle stop system circuit breakers are closed,
and functional tests to determine if the backup flight idle stop system
is operative. This amendment requires modification of the secondary
flight idle stop system (SFISS), which terminates the repetitive
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 inadvertent or
intentional operation with the power levers below the flight idle stop
during flight for airplanes that are not certificated for in-flight
operation, which could result in engine overspeed and consequent loss
of controllability of the airplane.
DATES: Effective September 4, 2003.
The incorporation by reference of certain publications, as listed
in the regulations, is approved by the Director of the Federal Register
as of September 4, 2003.
The incorporation by reference of certain other publications, as
listed in the regulations, was approved previously by the Director of
the Federal Register as of September 23, 1992 (57 FR 40838, September
8, 1992).
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 Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by superseding AD 92-16-51,
amendment 39-8355 (57 FR 40838, September 8, 1992), which is applicable
to certain EMBRAER Model EMB-120 series airplanes, was published as a
second supplemental notice of proposed rulemaking (NPRM) in the Federal
Register on May 15, 2002 (67 FR 34641). That action proposed to
continue to require repetitive visual checks or inspections to verify
that the flight idle stop system circuit breakers are closed, and
functional tests to determine if the backup flight idle stop system is
operative. That action proposed to remove one airplane from the
applicability, and add new inspections and corrective actions if
necessary. Additionally, that action proposed to require modification
of the secondary flight idle stop system (SFISS), which would terminate
the repetitive 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 to the second supplemental NPRM.
Request To Withdraw Proposed AD
One commenter states that an AD addressing the in-flight reversing
issue is unjustified and inappropriate, and suggests that the proposed
AD be withdrawn. The commenter asserts that an AD is unjustified
because the subject unsafe condition is a pilot training issue and
that, by adding further complexity to the propeller reversing controls,
the proposed AD would only increase the opportunities for mechanical
malfunction instead of improving safety. The commenter suggests that,
instead of issuing an AD to address the unsafe condition, the FAA
require operators to provide proper pilot training and oral testing
specifically addressing the in-flight reversing issue.
The FAA does not agree that the AD be withdrawn or that the
proposed actions would increase the opportunities for mechanical
malfunction of the SFISS. We do not consider this unsafe condition to
be simply a result of inadequate pilot training. Operational experience
has shown that the existing SFISS is vulnerable to certain maintenance-
originated failure modes, which could affect the operational
reliability of the system. In addition, such failure modes do not
result in a visual indication to the flightcrew of an inoperable
condition. We find that these reliability concerns necessitate
mandating installation of a more reliable SFISS design, one that also
provides flightcrews with a real-time indication of the system's
operability. We have determined that this design change adds more
reliability and does not add significant complexity to the SFISS.
Therefore, we find it necessary to issue the AD as proposed.
Request To Add Service Information for Certain Repair Procedures
The other commenter, the manufacturer, states that EMBRAER Service
Bulletins 120-76-0018 and 120-76-0022 will be revised to include
procedures for the bellcrank bolt hole repair provided in paragraph (e)
of the second supplemental NPRM. The commenter also states that the
revised service bulletins would eliminate the need for operators to
contact the FAA or the Departmento de Aviacao Civil (DAC) (or its
delegated agent) for approved methods of accomplishing the repair.
We agree. Since the issuance of the second supplemental NPRM, the
manufacturer has issued EMBRAER Service Bulletins 120-76-0018, Change
06, dated August 9, 2002; and 120-76-0022, Change 03, dated August 9,
2002. The second supplemental NPRM specified that the FAA or DAC (or
its delegated agent) be contacted for an approved method of compliance
for the proposed repair. We have reviewed and approved these revised
service bulletins and find that they do contain the appropriate repair
instructions. Accordingly, we have revised paragraph (e) of this final
rule to add those revised service bulletins as additional options for
accomplishing the repair. However, we have not removed the provision
for contacting the FAA or DAC (or its delegated agent) from that
paragraph. Changing the requirements in such a manner would require us
to issue a third supplemental NPRM, and we find that further delay in
issuing this AD would be inappropriate in light of the identified
unsafe condition.
Request To Remove Reference to Certain Service Information
The same commenter suggests that reference to EMBRAER Service
Bulletin 120-76-0015 be removed from the proposed requirements because
it is applicable to only one airplane (serial number (S/N) 120068),
currently
[[Page 44872]]
operated under Brazilian registry, and therefore, does not affect the
U.S. fleet.
We do not agree. We consider that those requirements with reference
to Service Bulletin 120-76-0015 are necessary to be included in this AD
to ensure that the unsafe condition is addressed in the event that the
subject airplane is imported and placed on the U.S. Register in the
future. No change to the final rule is necessary in this regard.
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.
Changes to 14 CFR Part 39/Effect on the AD
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance. However, for clarity and consistency in this final rule, we
have retained the language of the second supplemental NPRM regarding
that material.
Labor Rate Increase
After the second supplemental NPRM was issued, we reviewed the
figures we use to calculate the labor rate to do the required actions.
To account for various inflationary costs in the airline industry, we
find it appropriate to increase the labor rate used in these
calculations from $60 per work hour to $65 per work hour. The economic
impact information, below, has been revised to reflect this increase in
the specified hourly labor rate.
Cost Impact
The FAA estimates that 230 EMBRAER Model EMB-120 series airplanes
of U.S. registry will be affected by this AD.
The actions that are currently required by AD 92-16-51 take
approximately 5 work hours per airplane to accomplish, at an average
labor rate of $60 per work hour. Based on these figures, the cost
impact of that AD on U.S. operators is estimated to be $69,000, or $300
per airplane, per inspection cycle.
The approximate cost, at an average labor rate of $65 per work
hour, for the modifications required by this AD, are listed in the
following table:
Estimated Costs
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Work Parts Cost per
Service bulletin hours cost airplane
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120-76-0015:
Part I................................ 5 $4,376 $4,701
Part II............................... 3 14,331 14,526
Part III.............................. 1 53 118
120-76-0018:
Part I................................ 130 22,218 30,668
Part II............................... 1 (\1\) (\1\)
120-76-0022:
Part I................................ 3 14,456 14,651
Part II............................... 3 2,465 2,660
Part III.............................. 3 14,525 14,720
Part IV............................... 1 53 118
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\1\ Cost varies with configuration.
Therefore, based on the figures included in the table above, the
cost impact of the modification required by this AD on U.S. operators
is estimated to range from $118 to $30,668 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the current or proposed
requirements of this AD action, and that no operator would accomplish
those actions in the future if this AD were not adopted. The cost
impact figures discussed in AD rulemaking actions represent only the
time necessary to perform the specific actions actually required by the
AD. These figures typically do not include incidental costs, such as
the time required to gain access and close up, planning time, or time
necessitated by other administrative actions.
Regulatory Impact
The regulations adopted herein will not have a substantial direct
effect 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, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
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
0
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
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
[[Page 44873]]
Sec. 39.13 [Amended]
0
2. Section 39.13 is amended by removing amendment 39-8355 (57 FR 40838,
September 8, 1992), and by adding a new airworthiness directive (AD),
amendment 39-13248, to read as follows:
2003-15-05 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-13248. Docket 2000-NM-66-AD. Supersedes AD 92-16-51,
Amendment 39-8355.
Applicability: Model EMB-120 series airplanes, certificated in
any category; serial number 120004, and serial numbers 120006
through 120354 inclusive.
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 (f)(1)
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 inadvertent or intentional operation with the power
levers below the flight idle stop during flight for airplanes that
are not certificated for in-flight operation, which could result in
engine overspeed and consequent loss of controllability of the
airplane, accomplish the following:
Restatement of Certain Requirements of AD 92-16-51
Checks/Inspections
(a) For all airplanes: Within 5 days after September 23, 1992
(the effective date of AD 92-16-51, amendment 39-8355), and
thereafter prior to the first flight of each day until the
requirements of paragraph (d) of this AD have been accomplished,
accomplish paragraph (a)(1) or (a)(2) of this AD, as applicable:
(1) For airplanes on which an inspection window has been
installed on the left lateral console panel that permits visibility
of the flight idle stop solenoid circuit breakers: Using an
appropriate light source, perform a visual check to verify that both
``FLT IDLE STOP SOL'' circuit breakers CB0582 and CB0583 for engine
1 and engine 2 are closed.
Note 2: This check may be performed by a flightcrewmember.
Note 3: Instructions for installation of an inspection window
can be found in EMBRAER Information Bulletin 120-076-0003, dated
November 19, 1991; or EMBRAER Service Bulletin 120-076-0014, dated
July 29, 1992.
(2) For airplanes on which an inspection window has not been
installed on the left lateral console panel: Perform a visual
inspection to verify that both ``FLT IDLE STOP SOL'' circuit
breakers CB0582 and CB0583 for engine 1 and engine 2 are closed.
(b) As a result of the check or inspection performed in
accordance with paragraph (a) of this AD: If circuit breakers CB0582
and CB0583 are not closed, prior to further flight, reset them and
perform the functional test specified in paragraph (c) of this AD.
Functional Test
(c) Within 5 days after September 23, 1992, and thereafter at
intervals not to exceed 75 hours time-in-service, or immediately
following any maintenance action where the power levers are moved
with the airplane on jacks, until the requirements of paragraph (d)
of this AD have been accomplished, conduct a functional test of the
backup flight idle stop system for engine 1 and engine 2 by
performing the following steps:
(1) Move both power levers to the ``MAX'' position.
(2) Turn the aircraft power select switch on.
(3) Open both ``AIR/GROUND SYSTEM'' circuit breakers CB0283 and
CB0286 to simulate in-flight conditions with weight-off-wheels. Wait
for at least 15 seconds, then move both power levers back toward the
propeller reverse position with the flight idle gate triggers
raised. Verify that the power lever for each engine cannot be moved
below the flight idle position, even though the flight idle gate
trigger on each power lever is raised.
(4) If the power lever can be moved below the flight idle
position, prior to further flight, restore the backup flight idle
stop system to the configuration specified in EMBRAER 120-076-0009,
Change No. 4, dated November 1, 1990; and perform a functional test.
Note 4: If the power lever can be moved below flight idle, this
indicates that the backup flight idle stop system is inoperative.
(5) Move both power levers to the ``MAX'' position.
(6) Close both ``AIR/GROUND SYSTEM'' circuit breakers CB0283 and
CB0286. Wait for at least 15 seconds, then move both power levers
back toward the propeller reverse position with the flight idle gate
triggers raised. Verify that the power lever for each engine can be
moved below the flight idle position.
(7) If either or both power levers cannot be moved below the
flight idle position, prior to further flight, inspect the backup
flight idle stop system and the flight idle gate system, and
accomplish either paragraph (c)(7)(i) or (c)(7)(ii) of this AD, as
applicable:
(i) If the backup flight idle stop system is failing to
disengage with weight-on-wheels, prior to further flight, restore
the system to the configuration specified in EMBRAER Service
Bulletin 120-076-0009, Change No. 4, dated November 1, 1990.
(ii) If the flight idle gate system is failing to open even
though the trigger is raised, prior to further flight, repair in
accordance with the EMBRAER Model EMB-120 maintenance manual.
(8) Turn the power select switch off. The functional test is
completed.
New Requirements of This AD
Terminating Action
(d) Within 18 months or 4,000 flight hours after the effective
date of this AD, whichever occurs earlier, modify the secondary
flight idle stop system (SFISS), as required by paragraph (d)(1),
(d)(2), or (d)(3) of this AD; as applicable. Accomplishment of the
modification constitutes terminating action for the requirements of
this AD.
(1) For airplanes having serial number 120004, and serial
numbers 120006 through 120067 inclusive, and 120069 through 120344
inclusive; as listed in EMBRAER Service Bulletin 120-76-0018, Change
04, dated March 30, 2001: Accomplish the actions required by either
paragraph (d)(1)(i) or (d)(1)(ii) of this AD, as applicable.
(i) If the actions specified by EMBRAER Service Bulletin 120-76-
0018, Change 01, dated September 9, 1999; or Change 02, dated
November 22, 1999; have not been accomplished: Modify the SFISS per
the Accomplishment Instructions of EMBRAER Service Bulletin 120-76-
0018, Change 03, dated May 26, 2000; or Change 04, dated March 30,
2001; or
(ii) If the actions specified by EMBRAER Service Bulletin 120-
76-0018, Change 01 or Change 02 have been accomplished: Perform
additional inspections per Part II of the Accomplishment
Instructions of EMBRAER Service Bulletin 120-76-0018, Change 04.
(2) For the airplane having serial number 120068: Modify the
SFISS per the Accomplishment Instructions of EMBRAER Service
Bulletin 120-76-0015, Change 06, dated October 3, 2000.
(3) For airplanes having serial numbers 120345 through 120354
inclusive: Modify the SFISS per the Accomplishment Instructions of
EMBRAER Service Bulletin 120-76-0022, Change 01, dated October 9,
2000; or Change 02, dated February 8, 2001.
Note 5: This AD references the following service information for
applicability, inspection, and modification information: EMBRAER
Service Bulletin 120-76-0015, Change 06, dated October 3, 2000;
EMBRAER Service Bulletin 120-76-0018, Change 01, dated September 9,
1999; EMBRAER Service Bulletin 120-76-0018, Change 02, dated
November 22, 1999; EMBRAER Service Bulletin 120-76-0018, Change 04,
dated March 30, 2001; EMBRAER Service Bulletin 120-76-0022, Change
01, dated October 9, 2000; and EMBRAER Service Bulletin 120-76-0022,
Change 02, dated February 8, 2001. In addition, this AD specifies
compliance-time requirements beyond those included in Brazilian
airworthiness directive 90-07-04R4, dated October 4, 1999; and the
service information. Where there are differences between this AD and
previously referenced documents, this AD prevails.
Note 6: Accomplishment of the requirements of paragraph (d) of
this AD does not remove or otherwise alter the requirement to
perform the repetitive (400-flight-hour) CAT 8 task checks specified
by the Maintenance Review Board.
Corrective Actions
(e) During any visual check or inspection required by this AD,
if any countersunk-head
[[Page 44874]]
bolt was not used to attach the power control cable to the
bellcrank, or if any hex-head bolt was used to attach the cable to
the bellcrank: Prior to further flight, repair per a method approved
by the Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the Departmento de Aviacao Civil (DAC) (or its
delegated agent). Accomplishment of the repair per EMBRAER Service
Bulletin 120-76-0018, Change 06, dated August 9, 2002; or EMBRAER
Service Bulletin 120-76-0022, Change 03, dated August 9, 2002; as
applicable; is acceptable for compliance with the requirements of
this paragraph.
Alternative Methods of Compliance
(f)(1) 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, International Branch, ANM-116.
Operators shall submit their requests through an appropriate FAA
Principal Maintenance Inspector, who may add comments and then send
it to the International Branch, ANM-116.
(2) Alternative methods of compliance, approved previously for
paragraphs (a), (b), and (c) of AD 92-16-51, are considered to be
approved as alternative methods of compliance with the inspection
requirements of paragraphs (a), (b), and (c) of this AD. No
alternative methods of compliance have been approved per AD 92-16-51
as terminating action for this AD.
Note 7: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
Special Flight Permits
(g) Special flight permits may be issued per 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.
Incorporation by Reference
(h) Unless otherwise specified by this AD, the actions shall be
done in accordance with the applicable EMBRAER service bulletins
listed in Table 1 of this AD as follows:
Table 1.--Applicable Service Bulletins
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Change number shown
Service bulletin Page numbers on page Date shown on page
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120-076-0009, Change No. 4, November 1, 1990... 1-87 4 November 1, 1990
120-76-0015, Change 06, October 3, 2000........ 1-44 06 October 3, 2000
120-76-0018, Change 03, May 26, 2000........... 1-117 03 May 26, 2000
120-76-0018, Change 04, March 30, 2001......... 1-117 04 March 30, 2001
120-76-0018, Change 06, August 9, 2002......... 1, 2, 7-10, 13-26, 06 August 9, 2002
31, 32, 115-119
5, 6 04 March 30, 2001
3, 4, 11, 12, 27-30, 03 May 26, 2000
33-114
120-76-0022, Change 01, October 9, 2000........ 1-43 01 October 9, 2000
120-76-0022, Change 02, February 8, 2001....... 1, 2, 43 02 February 8, 2001
3-42 01 October 9, 2000
120-76-0022, Change 03, August 9, 2002......... 1 02 February 8, 2001
2, 8, 14, 15, 17-19, 03 August 9, 2002
27, 28, 34-36, 42-45
3-7, 9-13, 16, 20- 01 October 9, 2000
26, 29-33, 37-41
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(1) The incorporation by reference of EMBRAER service bulletins
120-76-0015, Change 06; 120-76-0018, Change 03; 120-76-0018, Change
04; 120-76-0018, Change 06; 120-76-0022, Change 01; 120-76-0022,
Change 02; and 120-76-0022, Change 03; as stated in the table above;
is approved by the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
(2) The incorporation by reference of EMBRAER Service Bulletin
120-076-0009, Change No. 4, dated November 1, 1990, was approved
previously by the Director of the Federal Register as of September
23, 1992 (57 FR 40838, September 8, 1992).
(3) 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 Office of the Federal Register, 800 North Capitol Street,
NW., suite 700, Washington, DC.
Note 8: The subject of this AD is addressed in Brazilian
airworthiness directive 90-07-04R4, dated October 4, 1999.
Effective Date
(i) This amendment becomes effective on September 4, 2003.
Issued in Renton, Washington, on July 22, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-19055 Filed 7-30-03; 8:45 am]
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