AD 2001-20-17

[Federal Register Volume 66, Number 198 (Friday, October 12, 2001)]
[Rules and Regulations]
[Pages 52027-52031]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 01-25395]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-298-AD; Amendment 39-12465; AD 2001-20-17]
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.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to all EMBRAER Model EMB-120 series airplanes, that 
currently 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 
continues to require those actions and adds requirements to install a 
low speed alarm for icing conditions, to revise the AFM, and to replace 
an existing placard with a placard that directs the flightcrew to 
activate the deicing boots whenever ice is detected by visual cues or 
ice detector illumination. 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 
flightcrew is provided with accurate indications of the severity of ice 
accretion, clear indication of unintentional airplane speed reductions 
in icing conditions, and appropriate procedures to prevent reduced 
controllability of the aircraft due to accretion of ice on the 
airplane.

DATES: Effective October 22, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 22, 2001.
    The incorporation of certain other publications listed in the 
regulations was approved previously by the Director of the Federal 
Register as of July 12, 2001 (66 FR 34083, June 27, 2001).
    Comments for inclusion in the Rules Docket must be received on or 
before November 13, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-298-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: 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="60594d010e0d4d090112030f0d0d050e14200601014e070f16">[email&#160;protected]</a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-298-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 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: Carla J. Worthey, Program Manager, 
ACE-118A, FAA, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone 
(770) 703-6062; fax (770) 703-6097.

SUPPLEMENTARY INFORMATION: On June 20, 2001, the FAA issued AD 2001-13-
14, amendment 39-12295 (66 FR 34083, June 27, 2001), applicable to all 
EMBRAER Model EMB-120 series airplanes, to require revising the 
Airplane Flight Manual (AFM), installing a placard on the main 
instrument panel, and removing the ``LIGHT-HEAVY'' inflation switch of 
the leading edge deicing boots. That action was prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions required by that AD are intended 
to ensure that the flightcrew is provided with accurate indications of 
the severity of ice accretion and appropriate procedures and actions to 
prevent reduced controllability of the airplane due to accretion of ice 
on the airplane.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the Departmento de Aviacao Civil 
(DAC), which is the airworthiness authority for Brazil, has 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 flightcrews 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 situation, if not corrected, could result in reduced 
controllability of the airplane due to accretion of ice on the 
airplane.

Issuance of Service Information

    EMBRAER has issued Service Bulletin 120-30-0033, Change 01, dated 
September 6, 2001, that describes procedures for installing a low speed 
alarm on the glareshield panel, adding new electrical wires in the 
cockpit and in the electronic compartment, installing or replacing two 
placards, and reworking the pitot-static system between frames 3 and 4.
    EMBRAER also issued Service Bulletin 120-30-0033, Change 02, dated 
September 14, 2001, which includes two new electrical diagrams, 
corrects the hook-up charts, and describes a check for correct 
installation of diodes.
    EMBRAER has issued Service Bulletin 120-25-0258, Change 01, dated 
August 30, 2001, which describes procedures for installing a placard to 
instruct pilots to immediately activate the deicing boots and disengage 
the autopilot, whenever ice is detected by visual cues or ice detector 
illumination. The original issue of Service Bulletin 120-25-0258, dated 
May 14, 2001, was cited as a source of service information in AD 2001-
13-14. Change 01 is identical in technical content to the original 
service bulletin, and merely specifies that a new placard has been 
developed for airplanes that have been modified per EMBRAER Service 
Bulletin 120-30-0033, and contains procedures for installing the new 
placard.
    The DAC classified these service bulletins as mandatory and issued 
Brazilian airworthiness directive 2001-05-02R1, effective September 30, 
2001, in order to assure the continued airworthiness of these airplanes 
in Brazil.

[[Page 52028]]

FAA's Conclusions

    This airplane model is manufactured in Brazil and is type 
certificated for operation in the United States under the provisions of 
section 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 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 supersedes AD 2001-13-14 to continue to 
require revising the AFM, installing a placard on the main instrument 
panel, and removing the ``LIGHT-HEAVY'' inflation switch of the leading 
edge deicing boots. This AD will also require installing a low speed 
alarm for icing conditions, revising the AFM, and replacing an existing 
placard with a placard that directs the flightcrew to activate the 
deicing boots whenever ice is detected by visual cues or ice detector 
illumination.

Differences Between This AD and the Brazilian AD

    This AD differs from the Brazilian AD in the following ways:
    1. This AD is more specific as to when to disconnect the autopilot.
    2. This AD includes instructions to remove the current information 
contained in the Normal Procedures Section advising the flightcrew to 
select either HEAVY or LIGHT mode.
    3. This AD adds a WARNING to the Normal Procedures section to exit 
icing conditions if the flightcrew detects large or frequent changes in 
trim or excessive performance degradation.
    4. This AD includes additional AFM instructions regarding abnormal 
operations with the icing low speed alarm activated.
    5. This AD also includes dispatch relief regarding certain Master 
Minimum Equipment List items for the ice detection system and the new 
icing low speed alarm system.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

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:
    <bullet> 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.
    <bullet> For each issue, state what specific change to the AD is 
being requested.
    <bullet> 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-298-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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-12295 (66 FR 
34083, June 27, 2001), and by adding a new airworthiness directive 
(AD), amendment 39-12465, to read as follows:

2001-20-17  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-12465. Docket 2001-NM-298-AD. Supersedes AD 2001-13-14, 
Amendment 39-12295.

    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

[[Page 52029]]

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 (m) 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 flightcrew is provided with accurate 
indications of the severity of ice accretion, clear indication of 
unintentional airplane speed reductions in icing conditions, and 
appropriate procedures to prevent reduced controllability of the 
aircraft due to accretion of ice on the airplane; accomplish the 
following:

Restatement of the Requirements of AD 2001-13-14

Airplane Flight Manual

    (a) Within 20 flight hours after July 12, 2001 (the effective 
date of AD 2001-13-14, amendment 39-12295): Revise the Limitations 
and Normal Procedures Sections of the FAA-approved 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 flightcrew'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 July 12, 2001: 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, or Change 01, 
dated August 30, 2001.

Removal of Inflation Switch

    (c) Within 400 flight hours after July 12, 2001: Remove the 
``Light-Heavy'' inflation switch of the leading edge deicing boots, 
per EMBRAER Service Bulletin 120-30-0032, Change 01, dated June 13, 
2001.

New Requirements of This AD

Installation of a Low Speed Alarm

    (d) Within 40 days after the effective date of this AD: Install 
a low speed alarm for icing conditions per EMBRAER Service Bulletin 
120-30-0033, Change 01, dated September 6, 2001, or Change 02, dated 
September 14, 2001. Accomplish the installation together with or 
after the removal of the leading edge boots inflation cycle control 
``light-heavy'' switch, required by paragraph (c) of this AD.

Placards

    (e) Prior to further flight after accomplishment of the 
installation required by paragraph (d) of this AD: Remove the 
placard required by paragraph (b) of this AD, and prior to further 
flight, replace it with a new placard to specify activation of the 
deicing boots whenever ice is detected by visual cues or ice 
detector illumination, per EMBRAER Service Bulletin 120-30-0033, 
Change 01, dated September 6, 2001, or Change 02, dated September 
14, 2001.

Airplane Flight Manual

    (f) Prior to further flight after accomplishment of the 
installation required by paragraph (d) of this AD: Accomplish the 
actions specified in paragraphs (f)(1), (f)(2), and (f)(3) of this 
AD.
    (1) Remove the AFM Limitation required by paragraph (a)(1) of 
this AD, and revise the Limitations Section of the FAA-approved AFM 
under the existing title of ``Operation in Icing Conditions'' to 
include the following procedures (This may be accomplished by 
inserting a copy of this AD in the AFM.):
    For airplanes on which the HEAVY/LIGHT switch is installed: 
Leading edge deicers switch must be operated in the HEAVY mode only 
at the first sign of icing accretion anywhere on the airplane or 
after the illumination of the ICE CONDITION light, whichever occurs 
first.
    For airplanes on which the low speed alarm has NOT been 
installed: Autopilot use is prohibited at the first sign of icing 
accretion anywhere on the airplane or after illumination of the ICE 
CONDITION light, whichever occurs first.

Airspeeds:
    Flaps and Gear UP....................  160 KIAS MINIMUM (All engines
                                            operating)
    Flaps 15% Gear UP....................  160 KIAS MINIMUM (All engines
                                            operating)
 


    Note: In the event of an engine failure in icing conditions, 
maintain the engine failure airspeeds shown in Section V, 
Performance. The icing condition low speed alarm may activate if the 
airspeed is below 160 KIAS with the flaps up.''


[[Page 52030]]


    (2) Remove the following paragraph from the Limitations Section 
of the AFM under the existing title of ``Operation in Icing 
Conditions,'' that currently reads as follows:
    ``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.''
    (3) Insert the following into the Limitations Section of the AFM 
under the existing title of ``Operation in Icing Conditions'':
    ``When operating in known or forecast icing conditions, the 
specific procedures for operation in icing conditions presented in 
the Abnormal Procedures and Normal Procedures Sections of the AFM 
must be followed.''
    (g) Prior to further flight after accomplishment of the 
installation required by paragraph (d) of this AD: Revise the 
Emergency and Abnormal Procedures Sections of the AFM under the 
existing titles of ``Flight With All Engines Inoperative,'' ``Forced 
Landing,'' ``Ditching,'' ``Takeoff with Engine Failure (Above 
V<INF>1</INF>),'' ``One Engine Inoperative Approach and Landing,'' 
``One Engine Inoperative Go-Around,'' and ``Engine Airstart'' to 
include the following Note (This may be accomplished by inserting a 
copy of this AD in the AFM.):
    ``Note: In the event of an engine failure in icing conditions, 
maintain the engine failure airspeeds shown in Section V, 
Performance. The icing condition low speed alarm may activate as 
airspeed decreases below 160 KIAS.''
    (h) Prior to further flight after accomplishment of the 
installation required by paragraph (d) of this AD: Accomplish the 
actions specified in paragraphs (h)(1) and (h)(2) of this AD.
    (1) Revise the Abnormal Procedures Section of the AFM under the 
existing titles of ``Flap Control Fault,'' ``Flap Disagreement,'' 
``Flap Asymmetry,'' ``Loss of the Green (Hydraulic) System,'' ``Loss 
of the Blue (Hydraulic) System,'' and ``Loss of Both Hydraulic 
Systems'' to include the following procedures (This may be 
accomplished by inserting a copy of this AD in the AFM.):
    ``Note: In the event of a 0 deg. flap landing in icing 
conditions, maintain 160 KIAS until landing is assured. Reduce 
airspeed to cross runway threshold (50 ft) at VREF 45 + 35 KIAS. The 
icing condition low speed alarm may activate as airspeed decreases 
below 160 KIAS.''
    (2) Revise the Abnormal Procedures Section of the AFM to include 
the following new section (This may be accomplished by inserting a 
copy of this AD in the AFM.):

``ICING CONDITION LOW SPEED ALARM (If installed):
    <bullet> LOW SPEED amber light illuminated on the Icing Cond Low 
speed Alarm Panel.
    <bullet> Buzzer sound.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
1. Airspeed..............................  ABOVE 160 KIAS
2. Leading Edge Deicer Switch............  VERIFY TIMER 1 OR TIMER 2
------------------------------------------------------------------------


Note: ICING CONDITION LOW SPEED ALARM may not be cancelable by the
 flightcrew, and may not extinguish until 170 KIAS. Applying power
 should promptly recover speed. If necessary, disengage the autopilot,
 push over to regain airspeed, and notify ATC of altitude deviation.
When ICING CONDITION LOW SPEED ALARM extinguishes:
    Autopilot............................  AS REQUIRED
    Note: Monitor the ice accretion and
     the airspeed.
    Severe Icing Conditions..............  CHECK
    If Severe Icing Conditions are
     confirmed:
        Flying in Severe Icing Conditions  APPLY
         Procedure.
  (i) Prior to further flight after accomplishment of the installation
 required by paragraph (d) of this AD: Add the following new procedure
 to the Normal Procedures Section of the AFM under the existing title of
 ``Daily Checks, Before Engine Start,'' as follows (This may be
 accomplished by inserting a copy of this AD in the AFM.):
    ``Icing Condition Low Speed Alarm
     System:
        TEST Button......................  PRESS
        Check the buzzer sounding
         continously and the LOW SPEED
         amber light illuminated. Release
         button. Check sound and light
         extinguished.''
  (j) Prior to further flight after accomplishment of the installation
 required by paragraph (d) of this AD: Revise the Normal Procedures
 Section of the AFM under the existing title of ``Turbulent Air
 Penetration,'' as specified in paragraphs (j)(1) and (j)(2) of this AD.
 This may be accomplished by inserting a copy of this AD in the AFM.
  (1) Remove the following from the existing paragraph under ``Turbulent
 Air Penetration'':
  ``1. Airspeed: 180 KIAS (from sea level to 15000 ft); 160 KIAS (above
 15000 ft)''
  (2) Replace the wording specified in paragraph (j)(1) with the
 following:
  ``1. Airspeed: 175 KIAS''
  (k) Prior to further flight after accomplishment of the installation
 required by paragraph (d) of this AD: Revise the Normal Procedures
 Section of the FAA-approved AFM under the existing title of ``Operation
 in Icing Conditions'' as specified in paragraphs (k)(1) and (k)(2) of
 this AD. This may be accomplished by inserting a copy of this AD in the
 AFM.
  (1) Remove the following from the wording under the existing title of
 ``Operation in Icing Conditions'':
    ``At the first sign of icing
     accretion anywhere on the airplane,
     proceed:
    Windshield Heat Switches.............  ON
    Leading Edge Deicers Switch..........  ON
        Select HEAVY or LIGHT mode (1 or
         3 minutes cycle), based on the
         pilot's judgement and evaluation
         of the severity of the ice
         encounter and rate of
         accretion.''
  (2) Insert the following wording under the existing title of
 ``Operation in Icing Conditions'':
``At the first sign of icing accretion anywhere on the airplane or ICE
 CONDITION light illumination, whichever occurs first, proceed as
 follows:
If the icing condition low speed alarm is NOT installed: ...............
Autopilot................................  DISENGAGE
Windshield Heat Switches.................  ON
Leading Edge Deicers Switch..............  ON (TIMER 1 or TIMER 2)
Inflation Cycle Switch (if installed)....  HEAVY
If the icing condition low speed alarm IS
 installed:
Windshield Heat Switches.................  ON
Leading Edge Deicers Switch..............  ON (TIMER 1 or TIMER 2)
``WARNING: If large or frequent changes in longitudinal trim, and/or
 excessive performance degradation (identified by large increases in
 power required to maintain airspeed and altitude), immediately request
 priority handling from air traffic control to exit icing conditions.''
  .......................................
 


[[Page 52031]]

Master Minimum Equipment List (MMEL)

    (l) The dispatch relief conditions specified in paragraphs 
(l)(1) and (l)(2) of this AD are considered to be acceptable for 
continued operations if either the ice detection system or the low 
speed alarm system is inoperative:
    (1) The airplane may be operated for a period of three days with 
the ice detection system inoperative, provided that, whenever 
operating in visible moisture at temperatures below 10 degrees C (50 
degrees F):
    (i) All ice protection systems are turned on (except leading 
edge deicing during takeoff), and
    (ii) AFM limitations and normal procedures for operating in 
icing conditions are complied with.
    (2) The airplane may be operated for a period of three days with 
the icing condition low speed alarm system inoperative, provided:
    (i) It is not operated in known or forecast icing conditions, 
and
    (ii) If icing conditions are inadvertently encountered, the 
autopilot must be disconnected and steps must be taken to exit icing 
conditions.

    Note 2: Refer to MMEL/MEL system for complete dispatch 
requirements. Where a difference exists between this AD and the 
MMEL, the provisions of this AD prevail.

Alternative Methods of Compliance

    (m) 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 3: 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

    (n) 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

    (o) Except for the actions specified in paragraphs (a), (f), 
(g), (h), (i), (j), and (k) of this AD the actions shall be done in 
accordance with EMBRAER Service Bulletin 120-25-0258, dated May 14, 
2001; EMBRAER Service Bulletin 120-30-0032, Change 01, dated June 
13, 2001; EMBRAER Service Bulletin 120-25-0258, Change 01, dated 
August 30, 2001; EMBRAER Service Bulletin 120-30-0033, Change 01, 
dated September 6, 2001; and EMBRAER Service Bulletin 120-30-0033, 
Change 02, dated September 14, 2001; as applicable.
    (1) The incorporation by reference of EMBRAER Service Bulletin 
120-25-0258, Change 01, dated August 30, 2001; EMBRAER Service 
Bulletin 120-30-0033, Change 01, dated September 6, 2001; and 
EMBRAER Service Bulletin 120-30-0033, Change 02, dated September 14, 
2001, is approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The incorporation by reference of EMBRAER Service Bulletin 
120-25-0258, dated May 14, 2001; and EMBRAER Service Bulletin 120-
30-0032, Change 01, dated June 13, 2001, was approved previously by 
the Director of the Federal Register as of July 12, 2001 (66 FR 
34083, June 27, 2001).
    (3) 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 4: The subject of this AD is addressed in Brazilian 
airworthiness directive 2001-05-02R1, effective date of September 
30, 2001.

Effective Date

    (p) This amendment becomes effective on October 22, 2001.

    Issued in Renton, Washington, on October 3, 2001.
Charles Huber,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
FR Doc. 01-25395 Filed 10-11-01; 8:45 am]
BILLING CODE 4910-13-P