67552 Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–299–AD; Amendment

39–10265; AD 97–26–22]

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; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to all EMBRAER Model

EMB–120 series airplanes. This action

requires a one-time inspection of the

movable backstop of the elevator pitch

trim command system to ensure that it

is installed correctly, and corrective

action, if necessary. This action also

requires installation of a guide to

maintain the movable backstop in its

correct position. This amendment is

prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified in this AD are

intended to prevent a sudden change in

pitch attitude caused by autopilot

disconnect, which could result in

reduced controllability of the airplane.

DATES: Effective January 13, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 13,

1998.

Comments for inclusion in the Rules

Docket must be received on or before

January 28, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 97–NM–

299–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

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

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; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Rob

Capezzuto, Aerospace Engineer,

Systems and Flight Test Branch, ACE–

116A, FAA, Small Airplane Directorate,

Atlanta Aircraft Certification Office,

One Crown Center, 1895 Phoenix

Boulevard, Suite 450, Atlanta, Georgia

30349; telephone (770) 703–6071; fax

(770) 703–6097.

SUPPLEMENTARY INFORMATION: The

Departmento de Aviac ̧a ̃o Civil (DAC),

which is the airworthiness authority for

Brazil, recently notified the FAA that an

unsafe condition may exist on all

EMBRAER Model EMB–120 series

airplanes. The DAC advises that it has

received reports of uncommanded

reversion of the elevator trim tab during

the descent phase with the autopilot

descent mode engaged. In one case, the

movable backstop of the elevator pitch

trim command system was found to be

out of its proper position, which caused

the autopilot to disengage when it

reached the pitch down stop position. In

another instance, the movable backstop

was found to be completely out of the

cursor gearing. This condition, if not

corrected, could result in a sudden

change in pitch attitude and reduced

controllability of the airplane.

Explanation of Relevant Service

Information

EMBRAER has issued Alert Service

Bulletin 120–27-A081, Change 01, dated

October 9, 1997, which describes

procedures for a one-time inspection of

the movable backstop of the elevator

pitch trim command system to ensure

that it is installed correctly, and

corrective action, if necessary. The alert

service bulletin also describes

procedures for installation of a guide to

maintain the movable backstop in

position in the spiral groove on the

pitch trim right control wheel. The DAC

classified this alert service bulletin as

mandatory and issued Brazilian

emergency airworthiness directive 97–

09–08R1, dated October 23, 1997, in

order to assure 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 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, this AD will require

accomplishment of the actions specified

in the alert service bulletin described

previously.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this 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

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the 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 that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to
Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Rules and Regulations 67553

Docket Number 97–NM–299–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, 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

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

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

97–26–22 Empresa Brasileira de

Aeronautica S.A. (EMBRAER):

Amendment 39–10265. Docket 97–NM–

299–AD.

Applicability: All Model EMB–120 series

airplanes, 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

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 a sudden change in pitch

attitude caused by autopilot disconnect,

which could result in reduced controllability

of the airplane, accomplish the following:

(a) Within 20 flight hours after the effective

date of this AD, perform a one-time

inspection of the movable backstop of the

elevator pitch trim command system to

ensure that it is installed correctly, in

accordance with Part I of the

Accomplishment Instructions of EMBRAER

Alert Service Bulletin 120–27–A081, Change

01, dated October 9, 1997. If any discrepancy

is found, prior to further flight, accomplish

follow-on corrective actions, in accordance

with the alert service bulletin.

(b) Within 75 flight hours after the effective

date of this AD, install a guide for the

movable backstop of the elevator pitch trim

command system, in accordance with Part II

of the Accomplishment Instructions of

EMBRAER Alert Service Bulletin 120–27–

A081, Change 01, dated October 9, 1997.

(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, 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.

(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.

(e) The actions shall be done in accordance

with EMBRAER Alert Service Bulletin 120–

27–A081, Change 01, dated October 9, 1997.

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 FAA, Small Airplane

Directorate, Atlanta Aircraft Certification

Office, One Crown Center, 1895 Phoenix

Boulevard, Suite 450, Atlanta, Georgia; 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 emergency airworthiness

directive 97–09–08R1, dated October 23,

1997.

(f) This amendment becomes effective on

January 13, 1998.

Issued in Renton, Washington, on

December 19, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–33667 Filed 12–24–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–ASW–13]

RIN 2120–AA66

Realignment of VOR Federal Airway;

Dallas/Fort Worth, TX

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This rule realigns Federal

Airway 369 (V–369) located in the

Dallas/Fort Worth, TX, area.

Specifically, V–369 will be realigned to

include the newly activated Groesbeck,

TX, Very High Frequency

Omnidirectional Range/Distance

Measuring Equipment (VOR/DME)

Navigational Aid (NAVAID) as part of

its route structure. As a result, the

minimum en route altitude (MEA) on

V–369 between the Dallas/Fort Worth

(DFW) Very High Frequency

Omnidirectional Range/Tactical Air

Navigation (VORTAC), TX, and the

Navasota, TX, VORTAC will be lowered.

Lowering the MEA increases the

capacity of the airway because it

increases the number of altitudes that

are available for air traffic control

assignment to airway users. Overall, this

action increases the efficiency of

operations in the Dallas/Fort Worth

area.

DATES: Effective 0901 UTC, February 26,

1998.

Comment date: Comments for

inclusion in the Rules Docket must be

received on or before January 28, 1998.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager, Air

Traffic Division, ASW–500, Docket No.

97–ASW–13, Federal Aviation