[Federal Register Volume 65, Number 124 (Tuesday, June 27, 2000)]
[Proposed Rules]
[Pages 39576-39578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16236]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-122-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-120, EMB-120ER, and EMB-120RT 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 EMBRAER Model EMB-120, 
EMB-120ER, and EMB-120RT series airplanes. This proposal would require 
removal of a certain fastener, if applicable, and sealing of the 
corresponding fastener hole. This action is necessary to prevent 
contact between one of the bolts that attaches the direct current (DC) 
relay box on the left-hand side of the airplane and one of the power 
terminals of electrical emergency contactor 2, which could result in a 
short circuit in the DC relay box, and consequent partial loss of the 
electrical system, and degraded operation of airplane systems. This 
action is intended to address the identified unsafe condition.

[[Page 39577]]


DATES: Comments must be received by July 27, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-122-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: 
<a href="/cdn-cgi/l/email-protection#350c18545b58185b454758565a5858505b41755354541b525a43"><span class="__cf_email__" data-cfemail="3f06125e515212514f4d525c5052525a514b7f595e5e11585049">[email protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-122-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 for Windows 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; or at the FAA, Small Airplane 
Directorate, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia.

FOR FURTHER INFORMATION CONTACT: Carla Worthey, Program Manager, 
Program Management and Systems Branch, ACE-118A, FAA, Small Airplane 
Directorate, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone 
(770) 703-6062; fax (770) 703-6097.

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 notice may be changed in 
light of the comments received.
    Submit comments using the following format:
    <bullet> 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.
    <bullet> For each issue, state what specific change to the proposed 
AD is being requested.
    <bullet> 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 notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-122-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. 2000-NM-122-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, EMB-120ER, and EMB-120RT series 
airplanes. The DAC advises that one of the bolts that attaches the 
direct current (DC) relay box on the left-hand side of the airplane 
(hereinafter referred to as the ``LH DC relay box'') is located close 
enough to one of the power terminals of electrical emergency contactor 
2 (K0519) that contact between the bolt and the contactor may occur. 
This condition, if not corrected, could result in a short circuit in 
the LH DC relay box, and consequent partial loss of the electrical 
system and degraded operation of airplane systems.

Explanation of Relevant Service Information

    EMBRAER has issued Alert Service Bulletin 120-24-A057, dated 
November 14, 1996, which describes procedures for removal of a certain 
bolt and washer on the LH DC relay box in the vicinity of electrical 
emergency contactor 2 (K0519), if applicable, and sealing of the 
corresponding fastener hole. If no bolt and washer is installed, the 
alert service bulletin describes procedures for sealing of the 
corresponding fastener hole only. Accomplishment of the actions 
specified in the alert service bulletin is intended to adequately 
address the identified unsafe condition. The DAC classified this alert 
service bulletin as mandatory and issued Brazilian airworthiness 
directive 96-12-02, dated December 13, 1996, in order to assure the 
continued airworthiness of these airplanes in Brazil.

FAA's Conclusions

    These airplane models are manufactured in Brazil and are 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 alert service bulletin described 
previously.

Cost Impact

    The FAA estimates that 240 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$14,400, or $60 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.

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

[[Page 39578]]

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 2000-NM-
122-AD.

    Applicability: Model EMB-120, EMB-120ER, and EMB-120RT series 
airplanes; serial numbers 120004 and 120006 through 120321 
inclusive; certificated in any category; on which EMBRAER Service 
Bulletin 120-24-0051, dated March 1, 1994, Revision 1, dated May 5, 
1994, Revision 2, dated May 31, 1994, Revision 3, dated November 3, 
1994, or Revision 4, dated March 8, 1995, or the production 
equivalent, has been accomplished.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (b) 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 contact between one of the bolts that 
attaches the direct current (DC) relay box on the left-hand (LH) 
side of the airplane (hereinafter referred to as the ``LH DC relay 
box'') and one of the power terminals of electrical emergency 
contactor 2 (K0519), which could result in a short circuit in the LH 
DC relay box, and consequent partial loss of the electrical system, 
and degraded operation of airplane systems, accomplish the 
following:

Bolt/Washer Removal and Hole Sealing

    (a) Within 75 flight hours after the effective date of this AD, 
remove the bolt and washer on the LH DC relay box that is in the 
area of electrical emergency contactor 2 (K0519) and seal the 
corresponding fastener hole, in accordance with EMBRAER Alert 
Service Bulletin 120-24-A057, dated November 14, 1996. If no 
fastener is installed, seal the corresponding fastener hole only, in 
accordance with the alert service bulletin.

Alternative Methods of Compliance

    (b) 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, Atlanta Aircraft Certification 
Office (ACO), FAA, Small Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Atlanta ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

Special Flight Permits

    (c) 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.

    Note 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 96-12-02, dated December 13, 1996.


    Issued in Renton, Washington, on June 21, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-16236 Filed 6-26-00; 8:45 am]
BILLING CODE 4910-13-P


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