[Federal Register: December 11, 2003 (Volume 68, Number 238)]
[Proposed Rules]               
[Page 69055-69057]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de03-32]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2003-16645]
RIN 2120-AA64

 
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-120 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-120 
series airplanes. This proposal would require a one-time inspection for 
signs of overheating of wiring splices of the pitot/static 1, 2, and 
auxiliary sensors; the angle-of-attack sensors; the side slip sensors; 
and the current sensors. This proposal also would require follow-on 
actions. This action is necessary to prevent overheating of cockpit 
wiring, which could result in loss of operation of the affected 
systems, or smoke or fire in the cockpit. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by January 12, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. FAA-2003-16645, 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-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must 
contain ``Docket No. FAA-2003-16645'' 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 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule 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.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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 proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number FAA-2003-16645.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. FAA-2003-16645, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified the FAA that an unsafe condition may 
exist on certain EMBRAER Model EMB-120 series airplanes. The DAC 
advises that there have been several reports of an electrical burning 
odor in the cockpit. These occurrences have been attributed to 
overheating of wiring splices of the pitot/static 1, 2, and auxiliary 
sensors; left- and right-hand angle-of-attack sensors; side slip 
sensors; and current sensors. This overheating is caused by 
concentration of heat from components located next to each other. This 
condition, if not corrected, could result in overheating of cockpit 
wiring, which could result in loss of operation of the affected 
systems, or smoke or fire in the cockpit.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 120-30-0030, Change 01, dated 
November 28, 2000. Part I of the Accomplishment Instructions of that 
service bulletin describes procedures for a one-time visual inspection 
for signs of overheating of wiring splices of the pitot/static 1, 2, 
and auxiliary sensors; the angle-of-attack sensors; the side slip 
sensors; and the current sensors. Signs of overheating include 
discoloration on the electrical wires, terminations, or splices. Part 
II of the Accomplishment Instructions of the service bulletin describes 
procedures for follow-on actions, including replacing certain wires and 
relays and eliminating or relocating splices in the wiring of the 
pitot/static 1, 2, and auxiliary sensors; the angle-of-attack sensors; 
the side slip

[[Page 69056]]

sensors; and the current sensors. Part III of the Accomplishment 
Instructions of the service bulletin contains instructions specifically 
intended for airplanes that have been inspected and modified per the 
original issue of the service bulletin, dated January 31, 2000. For 
airplanes on which Part I of the Accomplishment Instructions of the 
original issue of the service bulletin has been accomplished, but Part 
II of the Accomplishment Instructions of the original issue of the 
service bulletin has not been accomplished, Part III of the 
Accomplishment Instructions of Change 01 of the service bulletin 
describes procedures for a one-time detailed inspection for signs of 
overheating of wiring splices of the pitot/static 1, 2, and auxiliary 
sensors; the angle-of-attack sensors; and the side slip sensor located 
at the circuit breaker panel. For airplanes on which Part II of the 
Accomplishment Instructions of the original issue of the service 
bulletin has been accomplished, Part III of the Accomplishment 
Instructions of Change 01 of the service bulletin describes procedures 
for installing new identifications.
    Accomplishment of the applicable actions specified in Change 01 of 
the service bulletin is intended to adequately address the identified 
unsafe condition. The DAC classified this service bulletin as mandatory 
and issued Brazilian airworthiness directive 2001-06-02, dated June 26, 
2001, to ensure 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 
Sec.  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.

Explanation of Requirements of Proposed AD

    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, the proposed AD would require accomplishment of 
the actions specified in the service bulletin described previously, 
except as discussed below.

Difference Between Proposed AD and Referenced Service Bulletin

    The service bulletin refers only to a ``visual inspection'' to 
detect signs of overheating of the subject wiring splices. We have 
determined that the procedures in the service bulletin should be 
described as a ``detailed inspection.'' Note 1 has been included in 
this proposed AD to define this type of inspection.

Difference Between Proposed AD and Brazilian Airworthiness Directive

    This proposed AD would differ from the parallel Brazilian 
airworthiness directive in that this proposed AD provides for 
accomplishment of Part III of the Accomplishment Instructions of Change 
01 of the service bulletin on airplanes inspected or modified 
previously per the original issue of the service bulletin. The 
Brazilian airworthiness directive does not refer to Part III of the 
Accomplishment Instructions of Change 01 of the service bulletin.

Cost Impact

    The FAA estimates that 250 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 4 work 
hours per airplane to accomplish the proposed inspection, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$65,000, or $260 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed 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 proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket FAA-2003-
16645.

    Applicability: Model EMB-120 series airplanes, certificated in 
any category; serial numbers 120004, and 120006 through 120352 
inclusive.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent overheating of cockpit wiring, which could result in 
loss of operation of the affected systems, or smoke or fire in the 
cockpit, accomplish the following:

Airplanes Not Inspected/Modified Previously: One-Time Detailed 
Inspection

    (a) For airplanes on which neither Part I nor Part II of the 
Accomplishment Instructions of EMBRAER Service Bulletin 120-30-0030, 
dated January 31, 2000, was accomplished prior to the effective date 
of this AD: Within 400 flight hours after the effective date of this 
AD, do a one-time detailed inspection for signs of overheating of 
wiring splices of the pitot/static 1, 2, and auxiliary sensors; the 
angle-of-attack sensors; the side slip sensors; and the current 
sensors, per Part I of the Accomplishment Instructions of EMBRAER 
Service Bulletin 120-30-0030, Change 01, dated November 28, 2000. 
Signs of overheating include

[[Page 69057]]

discoloration on the electrical wires, terminations, or splices.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Airplanes Inspected or Modified Previously: Follow-on Actions

    (b) For airplanes on which Part I of the Accomplishment 
Instructions of EMBRAER Service Bulletin 120-30-0030, dated January 
31, 2000, but not Part II of the Accomplishment Instructions of that 
service bulletin, was accomplished prior to the effective date of 
this AD: Within 400 flight hours after the effective date of this 
AD, do a one-time detailed inspection for signs of overheating of 
wiring splices of the pitot/static 1, 2, and auxiliary sensors; the 
angle-of-attack sensors; and the side slip sensor located at the 
circuit breaker panel; per Part III of the Accomplishment 
Instructions of Embraer Service Bulletin 120-30-0030, Change 01, 
dated November 28, 2000.
    (c) For airplanes on which Part II of the Accomplishment 
Instructions of EMBRAER Service Bulletin 120-30-0030, dated January 
31, 2000, was accomplished prior to the effective date of this AD: 
Within 400 flight hours after the effective date of this AD, install 
new identifications by doing all actions in paragraphs 2.4.2. of 
Part III of the Accomplishment Instructions of Embraer Service 
Bulletin 120-30-0030, Change 01, dated November 28, 2000.

Follow-On Actions

    (d) For all airplanes subject to paragraph (a) or (b) of this 
AD: At the applicable compliance time specified in paragraph (d)(1) 
or (d)(2) of this AD, replace wires and relays with new wires and 
relays; and eliminate or relocate splices in the wiring of the 
pitot/static 1, 2, and auxiliary sensors; the angle-of-attack 
sensors; the side slip sensors; and the current sensors; as 
applicable; by doing all actions in paragraphs 2.3.1 through 2.3.23 
of Part II of the Accomplishment Instructions of EMBRAER Service 
Bulletin 120-30-0030, Change 01, dated November 28, 2000.
    (1) If no sign of overheating is found during any inspection per 
paragraph (a) or (b) of this AD: Do the actions in paragraph (d) of 
this AD within 2,000 flight hours after the inspection.
    (2) If any sign of overheating is found during any inspection 
per paragraph (a) or (b) of this AD: Do the actions in paragraph (d) 
of this AD before further flight after the inspection.

Alternative Methods of Compliance

    (e) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized 
to approve alternative methods of compliance for this AD.

    Note 2: The subject of this AD is addressed in Brazilian 
airworthiness directive 2001-06-02, dated June 26, 2001.


    Issued in Renton, Washington, on December 4, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-30676 Filed 12-10-03; 8:45 am]

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