[Federal Register: April 29, 2004 (Volume 69, Number 83)]
[Proposed Rules]
[Page 23456-23458]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap04-11]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2004-NM-48-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 Empresa Brasileira de
Aeronautica S.A. (EMBRAER) Model EMB-120 series airplanes. This
proposal would require installing a lightning bonding jumper from the
lower rotating beacon to the airframe. This action is necessary to
prevent possible multiple avionics failures caused by a lightning
strike, which could reduce the ability of the flightcrew to control the
airplane. This action is intended to address the identified unsafe
condition.
[[Page 23457]]
DATES: Comments must be received by June 1, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2004-NM-48-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2004-NM-48-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
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.
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:
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 action may be changed in
light of the comments received.
Submit comments using the following format:
Organize comments issue-by-issue. For example,
discuss a request to change the compliance time and a request to change
the service bulletin reference as two separate issues.
For each issue, state what specific change to
the proposed AD is being requested.
Include justification (e.g., reasons or data)
for each request.
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 action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2004-NM-48-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. 2004-NM-48-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Departmento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, notified the FAA that an unsafe condition may
exist on certain EMBRAER Model EMB-120 series airplanes. The DAC
advises that an operator reported damage to several components of the
electrical system due to a lightning strike on the fuselage.
Investigation revealed the root cause to be insufficient lightning
bonding at the lower rotating beacon. This condition, if not corrected,
could result in multiple avionics failures due to a lightning strike
and reduce the ability of the flightcrew to control the airplane.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin 120-33-0037, dated November 5,
2003, which describes procedures for installing a lightning bonding
jumper from the lower rotating beacon to the airframe. The DAC
classified this service bulletin as mandatory and issued Brazilian
airworthiness directive 2004-01-06, dated February 5, 2004, to ensure
the continued airworthiness of these airplanes in Brazil.
FAA's Conclusions
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. 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.
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.
Difference Between Proposed Rule and Foreign AD
The DAC states that Brazilian airworthiness directive 2004-01-06,
dated February 5, 2004, is applicable to ``all EMB-120 aircraft models
in operation.'' However, this does not agree with EMBRAER Service
Bulletin 120-33-0037, dated November 5, 2003, which states that only
certain EMB-120 airplanes are affected and identifies them by serial
number. This proposed AD would be applicable only to the airplanes
listed in the service bulletin, which is acceptable to the DAC.
Cost Impact
The FAA estimates that 217 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 3 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $65 per work hour. Required parts would cost
approximately $134 per airplane. Based on these figures, the cost
impact of the proposed AD on U.S. operators is estimated to be $71,393,
or $329 per airplane.
The 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 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.
[[Page 23458]]
Regulatory Impact
The regulations proposed herein would 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 proposal would not have federalism implications
under Executive Order 13132.
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. 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 2004-NM-48-
AD.
Applicability: Model EMB-120 series airplanes, serial numbers
120004, and 120006 through 120359 inclusive; certificated in any
category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent possible multiple avionics failures caused by a
lightning strike, which could reduce the ability of the flightcrew
to control the airplane, accomplish the following:
Installation
(a) Within 4,000 flight hours or 30 months after the effective
date of this AD, whichever comes first, install a lightning bonding
jumper from the lower rotating beacon to the airframe in accordance
with the Accomplishment Instructions of EMBRAER Service Bulletin
120-33-0037, dated November 5, 2003.
Alternative Methods of Compliance
(b) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized
to approve alternative methods of compliance for this AD.
Note 1: The subject of this AD is addressed in Brazilian
airworthiness directive 2004-01-06, dated February 5, 2004.
Issued in Renton, Washington, on April 19, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-9765 Filed 4-28-04; 8:45 am]
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