[Federal Register: January 25, 2006 (Volume 71, Number 16)]
[Proposed Rules]
[Page 4075-4077]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja06-25]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-23674; Directorate Identifier 2005-NM-234-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-
120, -120ER, -120FC, -120QC, and -120RT airplanes. This proposed AD
would require a one-time inspection of the interior of the internal
elevator torque tube of each elevator control surface for oxidation and
corrosion, and corrective actions. This proposed AD results from
corrosion in torque tubes of the elevators found during scheduled
maintenance. We are proposing this AD to detect and correct corrosion
in the torque tubes of the elevators, which could lead to an unbalanced
elevator and result in reduced controllability of the airplane.
DATES: We must receive comments on this proposed AD by February 24,
2006.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service
information identified in this proposed AD.
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
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed in the ADDRESSES section. Include the docket number ``FAA-2006-
23674; Directorate Identifier 2005-NM-234-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of
that web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review the DOT's complete Privacy Act Statement in the
Federal Register
[[Page 4076]]
published on April 11, 2000 (65 FR 19477-78), or you may visit http://dms.dot.gov
.
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the Docket Management System
receives them.
Discussion
The Departmento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, notified us that an unsafe condition may exist on
all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120, -
120ER, -120FC, -120QC, and -120RT airplanes. The DAC advises that,
during scheduled maintenance, corrosion was found inside the torque
tubes of the elevators. Corrosion in the torque tubes can lead to an
unbalanced elevator. This condition, if not corrected, could result in
reduced controllability of the airplane.
Relevant Service Information
EMBRAER has issued Service Bulletin 120-55-0015, dated January 14,
2005. The service bulletin describes procedures for doing a visual
inspection of the interior of the internal elevator torque tube of each
elevator control surface for oxidation and corrosion, and corrective
actions. If no oxidation or corrosion is found and the internal
diameter of the torque tube is protected (painted), the corrective
action includes cleaning the internal diameter and applying a corrosion
inhibiting compound. If no oxidation or corrosion is found but the
internal diameter of the torque tube is unprotected, the corrective
action includes cleaning the internal diameter and applying a chemical
conversion coating, finishing coat, and corrosion inhibiting compound.
If only oxidation is found, the corrective action includes removing the
oxidation and applying a chemical conversion coating, finishing coat,
and corrosion inhibiting compound. If oxidation is found but cannot be
completely removed or if any corrosion points are found, the corrective
action includes removing the affected elevator; removing any oxidation
or corrosion from the interior part of the torque tubes with sandpaper;
and applying a chemical conversion coating, finishing coat, and
corrosion inhibiting compound. If the thickness of the removed
corrosion is greater than 0.005 inch, the corrective action is to
replace the corroded torque tube with a new torque tube.
The DAC mandated the service information and issued Brazilian
airworthiness directive 2005-10-03, dated November 3, 2005, to ensure
the continued airworthiness of these airplanes in Brazil.
FAA's Determination and Requirements of the Proposed AD
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. We have examined the DAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for airplanes of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would require
accomplishing the actions specified in the service information
described previously, except as discussed under ``Difference Between
the Proposed AD and Service Bulletin.''
Difference Between the Proposed AD and Service Bulletin
Brazilian airworthiness directive 2005-10-03 is applicable to ``all
EMB-120( ) aircraft models in operation.'' However, this does not agree
with EMBRAER Service Bulletin 120-55-0015, 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. This difference has been coordinated
with the DAC.
Clarification of Inspection Terminology
The ``visual inspection'' specified in the EMBRAER service bulletin
is referred to as a ``detailed inspection'' in this proposed AD. We
have included the definition for a detailed inspection in a note in
this proposed AD.
Costs of Compliance
This proposed AD would affect about 108 airplanes of U.S. registry.
The proposed actions would take about 3 work hours per airplane, at an
average labor rate of $65 per work hour. Based on these figures, the
estimated cost of the proposed AD for U.S. operators is $21,060, or
$195 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD 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.
For the reasons discussed above, I certify that the 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. 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
[[Page 4077]]
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. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2006-23674; Directorate Identifier 2005-NM-234-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by February
24, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-120, -120ER, -120FC, -
120QC, and -120RT airplanes, certificated in any category; as
identified in EMBRAER Service Bulletin 120-55-0015, dated January
14, 2005.
Unsafe Condition
(d) This AD results from corrosion in torque tubes of the
elevators found during scheduled maintenance. We are issuing this AD
to detect and correct corrosion in the torque tubes of the
elevators, which could lead to an unbalanced elevator and result in
reduced controllability of the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Detailed Inspection and Corrective Actions
(f) Within 4,000 flight hours or 730 days after the effective
date of this AD, whichever is first: Do a detailed inspection of the
interior of the internal elevator torque tube of each elevator
control surface for oxidation and corrosion, and the applicable
corrective actions, by accomplishing all of the applicable actions
specified in the Accomplishment Instructions of EMBRAER Service
Bulletin 120-55-0015, dated January 14, 2005. The corrective actions
must be done before further flight after accomplishing the
inspection.
Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
Alternative Methods of Compliance (AMOCs)
(g)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(h) Brazilian airworthiness directive 2005-10-03, dated November
3, 2005, also addresses the subject of this AD.
Issued in Renton, Washington, on January 17, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-902 Filed 1-24-06; 8:45 am]
BILLING CODE 4910-13-P