AD 2003-12-12

[Federal Register Volume 68, Number 120 (Monday, June 23, 2003)]
[Rules and Regulations]
[Pages 37073-37075]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 03-15323]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-02-AD; Amendment 39-13197; AD 2003-12-12]
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.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-120 series airplanes, that 
requires either revising the Airplane Flight Manual (AFM) to require a 
maximum operating altitude of 25,000 feet; or modifying the flight 
attendant's seat or reworking the oxygen bottle kit, as applicable, and 
revising the AFM to require a maximum operating altitude of 30,000 
feet. This action is necessary to prevent the unavailability of 
supplemental oxygen to the flight attendant in the event of cabin 
decompression, which could result in loss of consciousness of the 
flight attendant. This action is intended to address the identified 
unsafe condition.

DATES: Effective July 28, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 28, 2003.

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

[[Page 37074]]

Administration (FAA), Transport Airplane Directorate, Rules Docket, 
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: 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 March 5, 2003 
(68 FR 10415). That action proposed to require either revising the 
Airplane Flight Manual (AFM) to require a maximum operating altitude of 
25,000 feet; or modifying the flight attendant's seat or reworking the 
oxygen bottle kit, as applicable, and revising the AFM to require a 
maximum operating altitude of 30,000 feet.

Comments

    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 To Revise Maximum Operating Altitude

    The commenter requests that the proposed AD be revised to allow for 
flight above 30,000 feet if a first-row, right-hand aisle seat is 
reserved for the flight attendant. By way of justification, the 
commenter explains that this altitude is the cruise phase of the 
flight, when the flight attendant is usually serving passengers in the 
cabin. In the event of rapid depressurization of the airplane, the 
attendant could use one of the extra masks in the cabin. The flight 
attendant, although unable to reach the interphone from the first-row, 
right-hand aisle seat to communicate with the flight crew or 
passengers, could unlatch the seatbelt and move to the flight attendant 
station to operate the interphone.
    The FAA does not concur with the request. During a rapid 
depressurization of the airplane, the flightcrew would conduct an 
emergency descent to lower altitudes. The appropriate procedures for 
the flight attendant during an emergency descent include returning to 
the flight attendant station, buckling the seatbelt, and establishing 
communication with the flightcrew or passengers. Therefore, during an 
emergency descent, seatbelt removal by a flight attendant seated in the 
first-row, right-hand aisle seat would be inappropriate, and the 
interphone would not be readily accessible. No change to the final rule 
is necessary.

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.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Cost Impact

    The FAA estimates that 150 airplanes of U.S. registry will be 
affected by this AD.
    If required, the AFM revision (maximum operating altitude of 25,000 
feet) would take approximately 1 work hour per airplane, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of this AFM revision is estimated to be $60 per airplane.
    If required, the modification or rework would take approximately 8 
work hours per airplane, at an average labor rate of $60 per work hour. 
Required parts would cost approximately $3,960 per airplane. Based on 
these figures, the cost impact of the modification/rework is estimated 
to be $4,440 per airplane.
    If required, the AFM revision (maximum operating altitude of 30,000 
feet) would take approximately 1 work hour per airplane to accomplish, 
at an average labor rate of $60 per work hour. Based on these figures, 
the cost impact of this AFM revision is estimated to be $60 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 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

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-12-12 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-13197. Docket 2003-NM-02-AD.

    Applicability: Model EMB-120 series airplanes as listed in 
EMBRAER Service Bulletin 120-25-0264, Change 01, dated July 22, 
2002; 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

[[Page 37075]]

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 the unavailability of supplemental oxygen to the 
flight attendant in the event of cabin decompression, which could 
result in loss of consciousness of the flight attendant, accomplish 
the following:
    (a) Within 100 flight hours after the effective date of this AD, 
accomplish either paragraph (a)(1) or (a)(2) of this AD.

Airplane Flight Manual (AFM) Revision

    (1) Revise the Limitations Section of EMBRAER EMB120 Brasilia 
Airplane Flight Manual AFM-120/794 to include the following 
information, and operate the airplane per those limitations (this 
may be accomplished by inserting a copy of this AD into the AFM):
    ``Maximum operating altitude is limited to 25,000 feet.''
    (2) Accomplish either paragraph (a)(2)(i) or (a)(2)(ii) of this 
AD, as applicable.

Modification

    (i) For airplanes listed in paragraph 1.1.1., Part I, of the 
effectivity of EMBRAER Service Bulletin 120-25-0264, Change 01, 
dated July 22, 2002: Replace the shock absorber of the flight 
attendant's seat with a new part, and install an oxygen bottle kit 
under the seat (including installing placards); per paragraph 2.1 of 
the Accomplishment Instructions of that service bulletin.

Rework

    (ii) For airplanes listed in paragraph 1.1.2., Part II, of the 
effectivity of EMBRAER Service Bulletin 120-25-0264, Change 01, 
dated July 22, 2002: Rework the oxygen bottle kit (including 
installing placards and attaching the oxygen mask hose to the oxygen 
bottle), per paragraph 2.2 of the Accomplishment Instructions of 
that service bulletin.

AFM Revision

    (b) Before further flight following the accomplishment of 
paragraph (a)(2) of this AD: Revise the Limitations Section of 
EMBRAER EMB120 Brasilia Airplane Flight Manual AFM-120/794 to 
include the following information, and operate the airplane per 
those limitations (this may be accomplished by inserting a copy of 
this AD into the AFM):
    ``Maximum operating altitude is limited to 30,000 feet.''

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, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

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) Unless otherwise specified in this AD, the actions shall be 
done in accordance with EMBRAER Service Bulletin 120-25-0264, Change 
01, dated July 22, 2002. 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 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 2001-11-03 R1, dated September 13, 2002.

Effective Date

    (f) This amendment becomes effective on July 28, 2003.

    Issued in Renton, Washington, on June 11, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-15323 Filed 6-20-03; 8:45 am]
BILLING CODE 4910-13-P