[Federal Register Volume 68, Number 120 (Monday, June 23, 2003)]
[Rules and Regulations]
[Pages 37073-37075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15323]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-02-AD; Amendment 39-13197; AD 2003-12-12]
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 either revising the Airplane Flight Manual (AFM) to require a
maximum operating altitude of 25,000 feet; or modifying the flight
attendant's seat or reworking the oxygen bottle kit, as applicable, and
revising the AFM to require a maximum operating altitude of 30,000
feet. This action is necessary to prevent the unavailability of
supplemental oxygen to the flight attendant in the event of cabin
decompression, which could result in loss of consciousness of the
flight attendant. This action is intended to address the identified
unsafe condition.
DATES: Effective July 28, 2003.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 28, 2003.
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
[[Page 37074]]
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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2125; fax (425) 227-1149.
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 certain EMBRAER Model EMB-120
series airplanes was published in the Federal Register on March 5, 2003
(68 FR 10415). That action proposed to require either revising the
Airplane Flight Manual (AFM) to require a maximum operating altitude of
25,000 feet; or modifying the flight attendant's seat or reworking the
oxygen bottle kit, as applicable, and revising the AFM to require a
maximum operating altitude of 30,000 feet.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the single comment received.
Request To Revise Maximum Operating Altitude
The commenter requests that the proposed AD be revised to allow for
flight above 30,000 feet if a first-row, right-hand aisle seat is
reserved for the flight attendant. By way of justification, the
commenter explains that this altitude is the cruise phase of the
flight, when the flight attendant is usually serving passengers in the
cabin. In the event of rapid depressurization of the airplane, the
attendant could use one of the extra masks in the cabin. The flight
attendant, although unable to reach the interphone from the first-row,
right-hand aisle seat to communicate with the flight crew or
passengers, could unlatch the seatbelt and move to the flight attendant
station to operate the interphone.
The FAA does not concur with the request. During a rapid
depressurization of the airplane, the flightcrew would conduct an
emergency descent to lower altitudes. The appropriate procedures for
the flight attendant during an emergency descent include returning to
the flight attendant station, buckling the seatbelt, and establishing
communication with the flightcrew or passengers. Therefore, during an
emergency descent, seatbelt removal by a flight attendant seated in the
first-row, right-hand aisle seat would be inappropriate, and the
interphone would not be readily accessible. No change to the final rule
is necessary.
Conclusion
After careful review of the available data, including the comment
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
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 NPRM regarding that material.
Cost Impact
The FAA estimates that 150 airplanes of U.S. registry will be
affected by this AD.
If required, the AFM revision (maximum operating altitude of 25,000
feet) would take approximately 1 work hour per airplane, at an average
labor rate of $60 per work hour. Based on these figures, the cost
impact of this AFM revision is estimated to be $60 per airplane.
If required, the modification or rework would take approximately 8
work hours per airplane, at an average labor rate of $60 per work hour.
Required parts would cost approximately $3,960 per airplane. Based on
these figures, the cost impact of the modification/rework is estimated
to be $4,440 per airplane.
If required, the AFM revision (maximum operating altitude of 30,000
feet) would take approximately 1 work hour per airplane to accomplish,
at an average labor rate of $60 per work hour. Based on these figures,
the cost impact of this AFM revision is estimated to be $60 per
airplane.
The cost impact figures discussed above are 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. 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.
Sec. 39.13 [Amended]
0
2. Section 39.13 is amended by adding the following new airworthiness
directive:
2003-12-12 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-13197. Docket 2003-NM-02-AD.
Applicability: Model EMB-120 series airplanes as listed in
EMBRAER Service Bulletin 120-25-0264, Change 01, dated July 22,
2002; 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
[[Page 37075]]
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 the unavailability of supplemental oxygen to the
flight attendant in the event of cabin decompression, which could
result in loss of consciousness of the flight attendant, accomplish
the following:
(a) Within 100 flight hours after the effective date of this AD,
accomplish either paragraph (a)(1) or (a)(2) of this AD.
Airplane Flight Manual (AFM) Revision
(1) Revise the Limitations Section of EMBRAER EMB120 Brasilia
Airplane Flight Manual AFM-120/794 to include the following
information, and operate the airplane per those limitations (this
may be accomplished by inserting a copy of this AD into the AFM):
``Maximum operating altitude is limited to 25,000 feet.''
(2) Accomplish either paragraph (a)(2)(i) or (a)(2)(ii) of this
AD, as applicable.
Modification
(i) For airplanes listed in paragraph 1.1.1., Part I, of the
effectivity of EMBRAER Service Bulletin 120-25-0264, Change 01,
dated July 22, 2002: Replace the shock absorber of the flight
attendant's seat with a new part, and install an oxygen bottle kit
under the seat (including installing placards); per paragraph 2.1 of
the Accomplishment Instructions of that service bulletin.
Rework
(ii) For airplanes listed in paragraph 1.1.2., Part II, of the
effectivity of EMBRAER Service Bulletin 120-25-0264, Change 01,
dated July 22, 2002: Rework the oxygen bottle kit (including
installing placards and attaching the oxygen mask hose to the oxygen
bottle), per paragraph 2.2 of the Accomplishment Instructions of
that service bulletin.
AFM Revision
(b) Before further flight following the accomplishment of
paragraph (a)(2) of this AD: Revise the Limitations Section of
EMBRAER EMB120 Brasilia Airplane Flight Manual AFM-120/794 to
include the following information, and operate the airplane per
those limitations (this may be accomplished by inserting a copy of
this AD into the AFM):
``Maximum operating altitude is limited to 30,000 feet.''
Alternative Methods of Compliance
(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, International Branch, ANM-116,
Transport Airplane Directorate, FAA. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager, International
Branch, ANM-116.
Note 2: 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
(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.
Incorporation by Reference
(e) Unless otherwise specified in this AD, the actions shall be
done in accordance with EMBRAER Service Bulletin 120-25-0264, Change
01, dated July 22, 2002. 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 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 2001-11-03 R1, dated September 13, 2002.
Effective Date
(f) This amendment becomes effective on July 28, 2003.
Issued in Renton, Washington, on June 11, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-15323 Filed 6-20-03; 8:45 am]
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