This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

34083

Vol. 66, No. 124

Wednesday, June 27, 2001

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–NM–190–AD; Amendment

39–12295; AD 2001–13–14]

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 revising the Airplane Flight

Manual, installing a placard on the main

instrument panel, and removing the

‘‘LIGHT-HEAVY’’ inflation switch of the

leading edge deicing boots. This

amendment is prompted by issuance of

mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. This action is

intended to ensure that the flight crew

is provided with accurate indications of

the severity of ice accretion and

appropriate procedures and actions to

prevent reduced controllability of the

aircraft due to accretion of ice on the

airplane.

DATES: Effective July 12, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 12,

2001.

Comments for inclusion in the Rules

Docket must be received on or before

July 27, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2001–NM–

190–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays. Comments may be

submitted via fax to (425) 227–1232.

Comments may also be sent via the

Internet using the following address: 9-

anm-iarcomment@faa.gov. Comments

sent via fax or the Internet must contain

‘‘Docket No. 2001–NM–190–AD’’ in the

subject line and need not be submitted

in triplicate. Comments sent via the

Internet as attached electronic files must

be formatted in Microsoft Word 97 for

Windows or ASCII text.

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 Office of the

Federal Register, 800 North Capitol

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

FOR FURTHER INFORMATION CONTACT: Paul

Pellicano, 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) 703–6064; fax

(770) 703–6097.

SUPPLEMENTARY INFORMATION: The

Departmento de Aviacao 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 loss of control events

occurring on EMBRAER Model EMB–

120 series airplanes that were flying

during icing conditions. The DAC

advises that such events indicate that

the flight crews may not have correctly

determined both the severity of the ice

accretion and the need to take

immediate action to prevent excessive

loss of airspeed, especially when using

the autopilot. This condition, if not

corrected, could result in reduced

controllability of the airplane due to

accretion of ice on the airplane.

Explanation of Relevant Service

Information

EMBRAER has issued Service Bulletin

120–25–0258, dated May 14, 2001,

which describes procedures for

installation of a placard in the cockpit

panel that instructs the flight crew to

activate the deicing boots and disengage

the autopilot whenever ice is detected

by visual cues or ice detector

illumination.

EMBRAER also has issued Service

Bulletin 120–30–0032, Change No. 01,

dated June 13, 2001, which describes

procedures to remove the inflation cycle

switch labeled ‘‘LIGHT-HEAVY’’ of the

leading edge boots, and contains

instructions for functional and

monitoring tests for the leading edge

deicers.

The DAC has issued Brazilian

airworthiness directive 2001–05–02,

dated June 6, 2001, requiring

accomplishment of the two service

bulletins described previously. The

Brazilian airworthiness directive also

requires revision of the Airplane Flight

Manual (AFM) that provides the

following instructions to the flight crew

during flight in icing conditions:

1. Do not use the autopilot;

2. Only use the leading edge boots

inflation cycle switches in the position

labeled ‘‘heavy;’’ and

3. Do not allow the airspeed to fall

below 160 knots indicated airspeed

(KIAS) (with flaps and gear up) or below

140 KIAS (with flaps 15 and gear up).

The DAC has issued airworthiness

directive 2001–05–02 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 § 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.

34084 Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Rules and Regulations

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 is being issued to

prevent reduced controllability of the

airplane due to accretion of ice. This AD

requires accomplishment of the actions

specified in the service bulletins

described previously, except as

discussed below.

Interim Action

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

further rulemaking.

Differences Between This AD and the

Brazilian AD

This AD differs from the Brazilian AD

in the following areas:

1. The AFM limitations are more

specific as to when to disconnect the

autopilot.

2. This AD does not incorporate the

minimum airspeeds in icing conditions

in the Limitations section, since these

airspeeds are already contained in the

Normal Procedures section of the FAAapproved AFM under the ‘‘Operation in

Icing Conditions’’ section. Additionally,

the Limitations section under

‘‘Operation in Icing Conditions’’

currently includes the statement that:

‘‘When operating in known or forecast

icing conditions, the specific procedures

for operation in icing conditions

presented in the Normal Procedures

Section of this manual must be

followed.’’ Therefore, the limitations on

minimum airspeeds in icing conditions

specified in the Brazilian AD are already

included in the FAA-approved AFM.

3. This AD includes instructions to

remove the current information

contained in the Normal Procedures

section advising the pilot to select either

Heavy or Light mode.

4. This AD also adds a ‘‘Warning’’ to

the Normal Procedures section to exit

icing conditions if the flight crew

detects large or frequent changes in trim

or excessive performance degradation.

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.

Submit comments using the following

format:

• Organize comments issue-by-issue.

For example, discuss a request to

change the compliance time and a

request to change the service bulletin

reference as two separate issues.

• For each issue, state what specific

change to the AD is being requested.

• Include justification (e.g., reasons or

data) for each request.

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

Docket Number 2001–NM–190–AD.’’

The postcard will be date stamped and

returned to the commenter.

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.

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:

2001–13–14 Empresa Brasileira de

Aeronautica S.A. (EMBRAER):

Amendment 39–12295. Docket 2001–

NM–190–AD.

Applicability: All Model EMB–120,

–120RT, –120ER, and –120FC 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 (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 ensure that the flight crew is provided

with accurate indications of the severity of

ice accretion and appropriate procedures and

actions to prevent reduced controllability of

Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Rules and Regulations 34085

the aircraft due to accretion of ice on the

airplane, accomplish the following:

Airplane Flight Manual

(a) Within 20 flight hours after the effective

date of this AD: Revise the Limitations and

Normal Procedures Sections of the FAAapproved Airplane Flight Manual (AFM) to

include the following procedures, as

specified in paragraphs (a)(1), (a)(2), (a)(3),

and (a)(4) of this AD. This may be

accomplished by inserting a copy of this AD

in the AFM.

(1) In the Limitations section under the

existing title ‘‘Operation in Icing

Conditions,’’ insert the following:

‘‘Autopilot use is prohibited when

atmospheric icing conditions exist, at the

first sign of icing accretion anywhere on the

airplane, or after the illumination of the Ice

Condition light, whichever occurs first.

Leading edge deicers switch must be

operated in the Heavy mode only.’’

(2) In the Normal Procedures section under

the existing title, ‘‘Operation in Icing

Conditions,’’ delete the following:

‘‘Leading edge deicers switch.......ON

Select ‘Heavy’ or ‘Light’ mode (1 or 3 minutes

cycle), based on the flight crew’s judgement

and evaluation of the severity of the ice

encounter and rate of accretion.’’

(3) In the Normal Procedures section under

the existing title, ‘‘Operation in Icing

Conditions,’’ insert the following:

‘‘Leading edge deicers switch.......On

(TIMER 1 or TIMER 2) Select ‘Heavy’ mode

if Light/Heavy switch is still installed.’’

(4) In the Normal Procedures section insert

the following warning:

‘‘WARNING: If large or frequent changes in

longitudinal trim, and/or excessive

performance degradation occur (identified by

large increases in power required to maintain

airspeed and altitude), immediately request

priority handling from air traffic control to

exit icing conditions.’’

Placard Installation

(b) Within 400 flight hours after the

effective date of this AD, install a placard to

activate the deicing boots and disengage the

autopilot, whenever ice is detected by visual

cues or ice detector illumination, to the left

of the pilot’s airspeed indicator and one

placard to the right of the co-pilot’s altimeter,

per EMBRAER Service Bulletin 120–25–

0258, dated May 14, 2001.

(c) Within 400 flight hours after the

effective date of this AD, remove the ‘‘LightHeavy’’ inflation switch of the leading edge

deicing boots, per EMBRAER Service

Bulletin 120–30–0032, Change No. 01, dated

June 13, 2001.

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 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

(e) Special flight permits may be issued in

accordance with §§ 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 for the actions specified in

paragraph (a) of this AD, the actions shall be

done in accordance with EMBRAER Service

Bulletin 120–25–0258, dated May 14, 2001;

and EMBRAER Service Bulletin 120–30–

0032, Change No. 01, dated June 13, 2001.

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 2001–05–

02, dated June 6, 2001.

Effective Date

(g) This amendment becomes effective on

July 12, 2001.

Issued in Renton, Washington, on June 20,

2001.

Kalene C. Yanamura,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–16047 Filed 6–22–01; 10:10 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–NM–191–AD; Amendment

39–12291; AD 2001–13–11]

RIN 2120–AA64

Airworthiness Directives; Dassault

Model Falcon 10 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 Dassault Model Falcon

10 series airplanes. This action requires

an inspection to verify proper

installation of the pins in the dual nonreturn valves of the fire extinguishing

system for the engines, and replacement

of any defective valve with a new valve.

This action is necessary to prevent

failure of a fire extinguisher bottle to

discharge, which could result in the

inability to extinguish a fire in an

engine. This action is intended to

address the identified unsafe condition.

DATES: Effective July 12, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 12,

2001.

Comments for inclusion in the Rules

Docket must be received on or before

July 27, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2001–NM–

191–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. Comments may be submitted

via fax to (425) 227–1232. Comments

may also be sent via the Internet using

the following address: 9-anmiarcomment@faa.gov. Comments sent

via the Internet must contain ‘‘Docket

No. 2001–NM–191–AD’’ in the subject

line and need not be submitted in

triplicate. Comments sent via fax or the

Internet as attached electronic files must

be formatted in Microsoft Word 97 for

Windows or ASCII text.

The service information referenced in

this AD may be obtained from Dassault

Falcon Jet, P.O. Box 2000, South

Hackensack, New Jersey 07606. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the

Federal Register, 800 North Capitol

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

FOR FURTHER INFORMATION CONTACT: Dan

Rodina, Aerospace Engineer,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2125;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: The

Direction Ge ́ne ́rale de l’Aviation Civile

(DGAC), which is the airworthiness

authority for France recently notified

the FAA that an unsafe condition may

exist on all Dassault Model Falcon 10

series airplanes. The DGAC advises that,

during routine maintenance, when

removing a fire extinguishing bottle that

had accidentally discharged, it was