[Federal Register Volume 63, Number 141 (Thursday, July 23, 1998)]
[Rules and Regulations]
[Pages 39485-39487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19457]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-33-AD; Amendment 39-10673; AD 98-15-22]
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.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all EMBRAER Model EMB-120 series airplanes, that requires 
a one-time inspection for delamination, erosion, and condition of 
fillet sealant and conductive edge sealer of the wing and empennage 
leading edge area behind the de-ice boots, and follow-on corrective 
actions. 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 delamination 
of the wing and empennage leading edge due to improper installation of 
the wing de-ice boot, which could result in reduced controllability of 
the airplane.

DATES: Effective August 27, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 27, 1998.

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, 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 30337-2748; 
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 all EMBRAER Model EMB-120 series 
airplanes was published in the Federal Register on March 27, 1998 (63 
FR 14855). That action proposed to require a one-time inspection for 
delamination, erosion, and condition of fillet sealant and conductive 
edge sealer of the wing and empennage leading edge area behind the de-
ice boots, and follow-on corrective actions.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    Two commenters support issuance of the rule as proposed.

Request To Cite Original Service Bulletin

    One commenter requests that the proposed AD add the original issue 
of EMBRAER Alert Service Bulletin 120-51-A004, dated September 13, 
1997, as an approved method to comply with the required inspection 
specified in paragraph (a) of the proposed AD. The commenter indicates 
that it has completed the inspection; however, the inspection was 
accomplished in accordance with the original issue of the alert service 
bulletin, rather than Change 01, which is referenced in the proposed AD 
as the appropriate source of service information. The commenter states 
that the differences between the two versions of the alert service 
bulletin are not sufficient to warrant accomplishment of the inspection 
a second time on its fleet of Model EMB-120 series airplanes.
    The FAA does not concur with the commenter's request. The 
manufacturer advises that operators that have accomplished the 
inspections in accordance with the original issue of EMBRAER Alert 
Service Bulletin 120-51-A004, dated September 13, 1997, will need to 
accomplish additional work, as described in Change 01 of the alert 
service bulletin. While the FAA concurs that the inspection procedures 
did not change significantly between the

[[Page 39486]]

original issue and Change 01 of the alert service bulletin, the FAA has 
determined that Change 01 should be accomplished as it better addresses 
inspection requirements and repair procedures; therefore, no change to 
the final rule is necessary. (Part II of the alert service bulletin 
adds procedudres for application of conductive edge sealer over the 
anti-static paint.) However, under the provisions of paragraph (c) of 
the final rule, the FAA may approve requests for an alternative method 
of compliance if sufficient data are submitted to substantiate that 
such a method would provide an acceptable level of safety.

Issuance of Change 2 of the Alert Service Bulletin

    Another commenter, the manufacturer, advises that it soon will 
publish Change 2 of EMBRAER Alert Service Bulletin 120-51-A004. The FAA 
notes this, and advises that it may consider further rulemaking once it 
has reviewed the revision to the alert service bulletin. However, the 
FAA does not consider it appropriate to delay issuance of this final 
rule, which requires accomplishment of actions in accordance with 
Change 01 of the alert service bulletin.

Conclusion

    After careful review of the available data, including the comments 
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 240 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 2 work hours per 
airplane to accomplish the required inspection, 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 $28,800, or $120 per airplane.
    The cost impact figure discussed above is 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.

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.
    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:

98-15-22  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-10673. Docket 98-NM-33-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 delamination of the wing and empennage leading edge 
due to improper installation of the wing de-ice boot, which could 
result in reduced controllability of the airplane, accomplish the 
following:
    (a) Within 75 flight hours or 120 days after the effective date 
of this AD, whichever occurs later: Perform a one-time visual 
inspection for delamination, erosion, and condition of fillet 
sealant and conductive edge sealer of the wing and empennage leading 
edge area behind the de-ice boots, in accordance with EMBRAER Alert 
Service Bulletin 120-51-A004, Change 01, dated November 10, 1997. 
Except as provided by paragraph (b) of this AD, prior to further 
flight, accomplish follow-on corrective actions in accordance with 
the alert service bulletin.
    (b) If any discrepancy is found during accomplishment of 
paragraph (a) of this AD, and the alert service bulletin specifies 
to contact EMBRAER: Prior to further flight, repair the affected 
structure in accordance with a method approved by the Manager, 
Atlanta Aircraft Certification Office (ACO), FAA, Small Airplane 
Directorate.
    (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 ACO. 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) Except as provided by paragraph (b) of this AD, the actions 
shall be done in accordance with EMBRAER Alert Service Bulletin 120-
51-A004, Change 01, dated November 10, 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 
airworthiness directive 97-09-07.

    (f) This amendment becomes effective on August 27, 1998.


[[Page 39487]]


    Issued in Renton, Washington, on July 15, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-19457 Filed 7-22-98; 8:45 am]
BILLING CODE 4910-13-P