[Federal Register Volume 65, Number 221 (Wednesday, November 15, 2000)]
[Rules and Regulations]
[Pages 68881-68882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28964]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-133-AD; Amendment 39-11979; AD 2000-23-09]
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 a one-time inspection to detect wear of the hydraulic pump 
hoses, and corrective action, if necessary. This AD also requires 
relocation of the clip that secures the left forward hold-open rod of 
both nacelles. The actions specified by this AD are intended to prevent 
chafing and consequent rupture of the hydraulic line and loss of 
hydraulic pressure, which could result in reduced controllability of 
the airplane. This action is intended to address the identified unsafe 
condition.

DATES: Effective December 20, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 20, 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 July 26, 2000 
(65 FR 45934). That action proposed to require a one-time inspection to 
detect wear of the hydraulic pump hoses, and corrective action, if 
necessary. That action also proposed to require relocation of the clip 
that secures the left forward hold-open rod of both nacelles.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.

Request for Inclusion of Alternative Methods of Compliance

    The commenter requests that the proposed rule be revised to include 
alternative methods of accomplishing the actions other than those 
specified in the service bulletin referenced in the proposed rule. The 
commenter explains that it has accomplished both actions required by 
the proposed rule using other methods of accomplishment.
    The FAA does not concur with the commenter's request to include 
alternative methods of compliance in the final rule. However, the FAA 
would consider a request for an approval of an alternative method of 
compliance in accordance with the provision of paragraph (c) of this 
AD, provided that appropriate justification accompanies the request.

Conclusion

    After careful review of the available data, including the comment 
noted above, 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 200 airplanes of U.S. registry will be 
affected by this AD.
    It will take approximately 1 work hour per airplane to inspect the 
hydraulic hoses, at an average labor rate of $60 per work hour. Based 
on these figures, the cost impact of the inspection on U.S. operators 
is estimated to be $12,000, or $60 per airplane.
    It will take approximately 1 work hour per airplane to relocate the 
clip, at an average labor rate of $60 per work hour. Required parts 
will cost approximately $15 per airplane. Based on these figures, the 
cost impact of the clip relocation on U.S. operators is estimated to be 
$15,000, or $75 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

[[Page 68882]]

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:

2000-23-09  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-11979. Docket 2000-NM-133-AD.

    Applicability: Model EMB-120 series airplanes, certificated in 
any category, having serial numbers listed in EMBRAER Service 
Bulletin 120-29-0047, Change 01, dated October 22, 1996.

    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 rupture of the hydraulic line and loss of hydraulic 
pressure due to chafing, which could result in reduced 
controllability of the airplane, accomplish the following:

Inspection and Corrective Actions

    (a) Within 75 flight hours after the effective date of this AD, 
perform a general visual inspection to detect discrepancies (wear, 
chafing, or scores) of all hydraulic pump hoses installed in both 
nacelles, in accordance with Part I of EMBRAER Service Bulletin 120-
29-0047, Change 01, dated October 22, 1996. Prior to further flight, 
perform all applicable corrective actions in accordance with the 
service bulletin.

    Note 2: Accomplishment, prior to the effective date of this AD, 
of the inspection in accordance with Part I of EMBRAER Service 
Bulletin 120-29-0047, dated August 22, 1996, is acceptable for 
compliance with the requirements of paragraph (a) of this AD.


    Note 3: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop-light, and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Clip Relocation

    (b) Within 75 flight hours after the effective date of this AD, 
relocate the clip that secures the left forward hold-open rod of 
both nacelles in accordance with Part II of EMBRAER Service Bulletin 
120-29-0047, Change 01, dated October 22, 1996.

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 4: 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 120-29-0047, Change 01, dated October 22, 1996. 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 5: The subject of this AD is addressed in Brazilian 
airworthiness directive 96-12-01, dated December 13, 1996.

    (f) This amendment becomes effective on December 20, 2000.

    Issued in Renton, Washington, on November 6, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-28964 Filed 11-14-00; 8:45 am]
BILLING CODE 4910-13-P