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[Federal Register Volume 65, Number 215 (Monday, November 6, 2000)]
[Rules and Regulations]
[Pages 66495-66497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27789]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-130-AD; Amendment 39-11954; AD 2000-22-08]
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.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-120 series airplanes, that 
requires inspections of certain components, and corrective action, if 
necessary. The actions specified by this AD are intended to prevent 
deterioration and deformation of the mass-balance weights of the 
aileron, which could affect the surface balance of the aileron and 
result in loss of aileron control and consequent reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Effective December 11, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 11, 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,

[[Page 66496]]

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: Satish Lall, Aerospace Engineer, 
Airframe and Propulsion Branch, ACE-117A, FAA, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia 30337-2748; telephone (770) 703-6082; 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 Model EMB-120 series 
airplanes, was published in the Federal Register on July 17, 2000 (65 
FR 44013). That action proposed to require inspections of certain 
components, 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.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that approximately 28 U.S.-registered airplanes 
will be required to measure the gap between the mass-balance weights 
and aileron hinge attachment. It will take approximately 2 work hours 
per airplane to accomplish the required measurement, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the required measurement on U.S. operators is estimated to be 
$3,360, or $120 per airplane, per inspection cycle.
    The FAA estimates that approximately 230 U.S.-registered airplanes 
will be required to inspect the mass-balance weights to detect any 
cavity, hole, or delamination. It will take approximately 8 work hours 
per airplane to accomplish the required inspection, at an average labor 
rate of $60 per work hour. Based on these figures, the cost impact of 
the required inspection on U.S. operators is estimated to be $110,400, 
or $480 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 will 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.

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2000-22-08  Empresa Brasileira de Aeronautica S.A. (Embraer): 
Amendment 39-11954. Docket 2000-NM-130-AD.

    Applicability: Model EMB-120 series airplanes, serial numbers 
120-0001 through 120-0333 inclusive; 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 deterioration and deformation of the mass-balance 
weights of the aileron, which could affect the surface balance of 
the aileron and result in loss of aileron control and consequent 
reduced controllability of the airplane, accomplish the following:

Measurement of Clearance and Corrective Actions

    (a) For airplanes having serial numbers 120-0291, 120-0294, and 
120-0296 through 120-0333 inclusive: Within 150 flight hours after 
the effective date of this AD, measure the clearance between the 
aileron mass-balance weights and attach fittings on the left and 
right sides of the airplane, in accordance with PART I of the 
Accomplishment Instructions of EMBRAER Service Bulletin 120-27-0077, 
Change No. 01, dated October 24, 1997.
    (1) If the clearance is within the acceptable limits described 
in the service bulletin, thereafter, repeat the measurement at 
intervals not to exceed 1,000 flight hours until the actions 
required by paragraph (b) of this AD have been accomplished.
    (2) If the clearance is outside the acceptable limits described 
in the service bulletin, prior to further flight, replace the 
affected mass-balance weight with a new, improved mass-balance 
weight, in accordance with PART III of the Accomplishment 
Instructions of the service bulletin. Such replacement terminates 
the requirement to accomplish paragraph (b) of this AD.

Detailed Visual Inspection and Follow-On Actions

    (b) For all airplanes: Within 2,000 flight hours after the 
effective date of this AD, perform a one-time detailed visual 
inspection of the aileron mass-balance weights to detect any cavity, 
hole, or delamination, in accordance with PART II of the 
Accomplishment Instructions of EMBRAER Service Bulletin 120-27-0077, 
Change No. 01, dated October 24, 1997. Such inspection constitutes 
terminating action for the

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repetitive inspections required by paragraph (a)(1) of this AD for 
airplanes subject to paragraph (a) of this AD.
    (1) If no cavity, hole, or delamination is detected: Prior to 
further flight, perform a one-time detailed visual inspection to 
detect white powder on the surface of the mass-balance weights, in 
accordance with PART II of the Accomplishment Instructions of the 
service bulletin. If any white powder is found, remove the white 
powder in accordance with the service bulletin.
    (2) If any cavity, hole, or delamination is found, prior to 
further flight, replace the affected mass-balance weight with a new, 
improved mass-balance weight, in accordance with PART III of the 
Accomplishment Instructions of the service bulletin.

Alternative Methods of Compliance

    (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. 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

    (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.

Incorporation by Reference

    (e) The actions shall be done in accordance with EMBRAER Service 
Bulletin 120-27-0077, Change No. 01, dated October 24, 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 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 98-01-02, dated January 15, 1998.

Effective Date

    (f) This amendment becomes effective on December 11, 2000.

    Issued in Renton, Washington, on October 24, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-27789 Filed 11-3-00; 8:45 am]
BILLING CODE 4910-13-P
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