[Federal Register: May 3, 2004 (Volume 69, Number 85)]
[Proposed Rules]
[Page 24105-24107]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my04-25]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-81-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 supersedure of an existing
airworthiness directive (AD), applicable to certain Empresa Brasileira
de Aeronautica S.A. (EMBRAER) Model EMB-120 series airplanes, that
currently requires measuring the gap between the bellcrank and the body
of the rotary variable inductive transducers (RVITs) of the aileron and
elevator, performing corrective action if necessary, and torquing the
bolt that attaches the bellcrank to the RVIT shaft. This action would
require replacing the aileron and elevator RVIT bellcranks with new,
improved bellcranks. The actions specified by the proposed AD are
intended to prevent restricted movement of the aileron or elevator,
which could result in reduced controllability of the airplane. This
action is intended to address the identified unsafe condition.
DATES: Comments must be received by June 2, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2003-NM-81-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. 2003-NM-81-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: 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:
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
[[Page 24106]]
statement is made: ``Comments to Docket Number 2003-NM-81-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. 2003-NM-81-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On August 10, 2001, the FAA issued AD 2001-17-01, amendment 39-
12392 (66 FR 43076, August 17, 2001), applicable to certain Empresa
Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120 series
airplanes, to require measuring the gap between the bellcrank and the
body of the rotary variable inductive transducer (RVITs) of the aileron
and elevator, performing corrective action if necessary, and torquing
the bolt that attaches the bellcrank to the RVIT shaft. That action was
prompted by a report of interference between the bell crank of the
aileron RVIT and the head of the hinge pin that attaches the RVIT
suppport. The design of the elevator and aileron RVIT bellcranks are
similar in their potential for interference with flight control.
Therefore, both the elevator and aileron RVITS were addressed in that
AD. The requirements of that AD are intended to prevent restricted
movement of the aileron or elevator, which could result in reduced
controllability of the airplane.
Actions Since Issuance of Previous Rule
The preamble to AD 2001-17-01 explains that we considered the
requirements ``interim action'' and were considering further
rulemaking. We now have determined that further rulemaking is indeed
necessary, and this proposed AD follows from that determination.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin (SB) 120-31-0046, Revision 01,
dated December 27, 2002, which describes procedures for measuring the
gap between the bellcrank and the body of the elevator/aileron RVITs;
torquing the bolt that attaches the bellcrank to the RVIT shaft; and
replacing the bellcranks with new, improved bellcranks. The measurement
and torquing action procedures described in Revision 01 of the service
bulletin are identical to those described in EMBRAER Alert Service
Bulletin (ASB) 120-31-A046, dated July 13, 2001 (which was referenced
in AD 2001-17-01 as the appropriate source of service information for
the required actions). However, Revision 01 of Service Bulletin 120-31-
0046 adds procedures for replacing the bellcrank. Accomplishment of the
actions specified in the service bulletin is intended to adequately
address the identified unsafe condition. The DAC classified this
service bulletin as mandatory and issued 2001-07-01R1, dated February
10, 2003, 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 supersede AD 2001-17-01 to
continue to require measuring the gap between the bellcrank and the
body of the elevator/aileron RVITs, and torquing the bolt that attaches
the bellcrank to the RVIT shaft. The proposed AD also would require
replacing the aileron and elevator RVIT bellcranks with new, improved
bellcranks. The actions would be required to be accomplished in
accordance with Revision 01 of the service bulletin described
previously.
Cost Impact
There are approximately 201 Model EMB-120 series airplanes of U.S.
registry that would be affected by this proposed AD.
The actions that are currently required by AD 2001-17-01 take
approximately 1 or 2 work hours per airplane to accomplish, at an
average labor rate of $65 per work hour. Based on these figures, the
cost impact of the currently required actions on U.S. operators is
estimated to be $13,065 or $26,130; or $65 or $130 per airplane.
The new actions that are proposed in this AD action would take
approximately 1 or 2 work hours per airplane to accomplish, at an
average labor rate of $65 per work hour. Required parts would cost
approximately $810 per airplane. Based on these figures, the cost
impact of the new proposed requirements of this AD on U.S. operators is
estimated to be $175,875 or $188,940; or $875 or $940 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 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
[[Page 24107]]
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 removing amendment 39-12392 (66 FR
43076, August 17, 2001), and by adding a new airworthiness directive
(AD), to read as follows:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 2003-NM-81-
AD. Supersedes AD 2001-17-01, Amendment 39-12392.
Applicability: Model EMB-120 series airplanes, certificated in
any category; with serial numbers 120004 and 120006 through 120355
inclusive; that have been modified in accordance with EMBRAER
Service Bulletin 120-31-0039, 120-31-0040, 120-31-0041, or 120-31-
0042.
Compliance: Required as indicated, unless accomplished
previously.
To prevent restricted movement of the aileron or elevator, which
could result in reduced controllability of the airplane, accomplish
the following:
Restatement of the Requirements of AD 2001-17-01
Inspection and Corrective Action, if Necessary
(a) Within 50 flight hours after August 27, 2001 (the effective
date of AD 2001-17-01, amendment 39-12392), measure the gap between
the bellcrank and the body of the rotary variable inductive
transducers (RVITs) of the elevator and aileron, in accordance with
EMBRAER Alert Service Bulletin 120-31-A046, dated July 13, 2001.
(1) If the gap is within the limits specified by the alert
service bulletin: Prior to further flight, tighten the bolt that
attaches the bellcrank to the RVIT shaft to a torque of 40-45 inch
pounds, in accordance with the alert service bulletin.
(2) If the gap is not within the limits specified by the alert
service bulletin: Prior to further flight, accomplish all applicable
corrective actions (including inspecting to detect damage of the
connecting rod, replacing any damaged rod with a new rod having the
same part number, and adjusting the gap between the bellcrank and
the RVIT body), and tighten the bolt that attaches the bellcrank to
the RVIT shaft to a torque of 40-45 inch pounds; in accordance with
the alert service bulletin.
New Actions Required by This AD
Corrective Action
(b) Within 4,000 flight hours after the effective date of this
AD: Replace the aileron and elevator RVIT bellcranks having part
number (P/N) 123-82549-007 or P/N 123-82549-009, as applicable, with
new, improved bellcranks having P/N 145-51146-001 or P/N 145-51147-
001, respectively, in accordance with Paragraph 2.8 of the
Accomplishment Instructions of EMBRAER Service Bulletin 120-31-0046,
Revision 01, dated December 27, 2002.
(c) Replacement of the bellcranks accomplished before the
effective date of this AD per EMBRAER Service Bulletin 120-31-0046,
dated February 20, 2002, are considered acceptable for compliance
with the corresponding action specified in this AD.
Alternative Methods of Compliance
(d) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, FAA, is authorized to approve alternative methods
of compliance (AMOCs) for this AD.
Note 1: The subject of this AD is addressed in Brazilian
airworthiness directive 2001-07-01R1, dated February 10, 2003.
Issued in Renton, Washington, on April 22, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-9900 Filed 4-30-04; 8:45 am]
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