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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. 99-NM-356-AD; Amendment 39-11916; AD 2000-20-05]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration, DOT.
 ACTION: Final rule.
 SUMMARY: This amendment adopts a new airworthiness directive (AD), 
                        ( print page 59709)
                        applicable to certain EMBRAER Model EMB-120 series airplanes, that requires revising the Airplane Flight Manual (AFM), and either installing hydraulic tube assemblies incorporating a check valve, or visually inspecting the check valve if already installed and corrective action, if necessary. This amendment is prompted by issuance of mandatory continuing airworthiness information by a foreign civil airworthiness authority. The actions specified by this AD are intended to prevent the landing gear doors from becoming blocked from opening during application of emergency procedures in the event of a loss of hydraulics.
 DATES: Effective November 13, 2000. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of November 13, 2000.
 ADDRESSES: 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 Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, 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: Robert Capezzuto, Aerospace Engineer, Systems and Flight Test Branch, ACE-116A, FAA, 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: A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to certain EMBRAER Model EMB-120 series airplanes was published in the 
                    **Federal Register**
                     on April 17, 2000 (65 FR 20388). That action proposed to require revising the Airplane Flight Manual (AFM), and either installing hydraulic tube assemblies incorporating a check valve, or visually inspecting the check valve if already installed and corrective action, if necessary. Comments Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were submitted in response to the proposal or the FAA's determination of the cost to the public. Change Made to the Final Rule Since the issuance of the proposed AD, the FAA has determined that the installation required by paragraph (c) must be accomplished only in accordance with EMBRAER Service Bulletin 120-32-0077, Change 02, dated December 23, 1997, after the effective date of this AD. (EMBRAER Service Bulletin 120-32-0077, Change 01, dated September 25, 1997; and EMBRAER Service Bulletin 120-32-0077, Change 02, dated December 23, 1997, were cited as the appropriate sources of service information in the proposed AD.) The final rule has been changed accordingly, and a new Note 2 has been added to give credit for accomplishment of the installation in paragraph (c) prior to the effective date of this AD in accordance with EMBRAER Service Bulletin 120-32-0077, Change 01, dated September 25, 1997. Conclusion After careful review of the available data, the FAA has determined that air safety and the public interest require the adoption of the rule with the changes described previously. The FAA has determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Cost Impact The FAA estimates that 213 airplanes of U.S. registry will be affected by this AD. It will take approximately 1 work hour per airplane to incorporate the applicable AFM revision, and that the average labor rate is $60 per work hour. Based on these figures, the cost impact of the AFM revision required by this Ad on U.S. operators is estimated to be $12,780, or $60 per airplane. It will take approximately 1 work hour per airplane to perform the visual inspection of the check valve, and that the average labor rate is $60 per work hour. Based on these figures, the cost impact of the inspection required by this AD on U.S. operators is estimated to be $60 per airplane. It will take approximately 2 work hours per airplane to install the hydraulic tube assemblies incorporating a check valve, and that the average labor rate is $60 per work hour. Required parts will cost approximately $2,021 per airplane. Based on these figures, the cost impact of the installation required by this AD on U.S. operators is estimated to be $2,141 per airplane. The cost impact figures discussed above are based on assumptions that no operator has yet accomplished any of the 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 adopted herein will 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 final rule does not have federalism implications under Executive Order 13132. For the reasons discussed above, I certify that this action (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under 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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it 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
 2.Section 39.13 is amended by adding the following new airworthiness directive: **2000-20-05 Empresa Brasileira de Aeronautica S.A. (EMBRAER):**
                         Amendment 39-11916. Docket 99-NM-356-AD. *Applicability:*
                         Model EMB-120 series airplanes as listed in EMBRAER Service Bulletin 120-32-0077, Change 02, dated December 23, 1997; 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 (d) 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 the landing gear doors from becoming blocked from opening during application of emergency procedures in the event of a loss of hydraulics, accomplish the following: Airplane Flight Manual (AFM) Revision (a) Within 10 flight hours after the effective date of this AD, revise the “Emergency Procedures” and “Abnormal Procedures” sections of the FAA-approved AFM by inserting into the AFM a copy of EMB-120 AFM 120/794, Revision 45, dated October 14, 1996. (b) For airplanes on which the check valve has been installed in accordance with EMBRAER Service Bulletin 120-32-0077, dated February 7, 1997: Within 100 hours after the effective date of this AD, conduct a visual inspection to detect the check valve flow direction in accordance with Service Bulletin 120-32-0077, Change 02, dated December 23, 1997. If the check valve is installed incorrectly, prior to further flight, reinstall the check valve in the proper position in accordance with Change 02 of the service bulletin. (c) For airplanes on which the check valve has not been installed in accordance with EMBRAER Service Bulletin 120-32-0077, dated February 7, 1997; or Change 01, dated September 25, 1997; or Change 02, dated December 23, 1997: Within 2,000 flight hours after the effective date of this AD, install hydraulic tube assemblies incorporating a check valve in accordance with Service Bulletin 120-32-0077, Change 02, dated December 23, 1997. Note 2: Accomplishment of the installation in accordance with EMBRAER Service Bulletin 120-32-0077, Change 01, dated September 25, 1997, prior to the effective date of this AD, is acceptable for compliance with this paragraph. Alternative Methods of Compliance (d) 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. 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 3: 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 (e) 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. Incorporation by Reference (f) Except as provided by paragraph (a) of this AD, the actions shall be done in accordance with EMBRAER Service Bulletin 120-32-0077, Change 02, dated December 23, 1997. EMBRAER Service Bulletin 120-32-0077, Change 02, dated December 23, 1997 contains the following list of effective pages: Page No.
Revision level shown on page
Date shown on page1, 2, 11, 12
02
December 23, 1997.3-10
01
September 25, 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, 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 4: The subject of this AD is addressed in Brazilian airworthiness directive 97-05-03R2, dated March 16, 1998. Effective Date (g) This amendment becomes effective on November 13, 2000. Issued in Renton, Washington, on September 26, 2000. Donald L. Riggin, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.


[FR Doc. 00-25150 Filed 10-5-00; 8:45 am] BILLING CODE 4910-13-P