[Federal Register Volume 64, Number 60 (Tuesday, March 30, 1999)]
[Rules and Regulations]
[Pages 15126-15127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7689]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-265-AD; Amendment 39-11100; AD 99-02-18 R1]
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; correction.

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SUMMARY: This amendment corrects information in an existing 
airworthiness directive (AD), applicable to certain EMBRAER Model EMB-
120 series airplanes, that currently requires removing the thermal 
insulating blankets from the upper rear nacelle structure; re-
positioning the engine exhaust duct; and replacing the engine exhaust 
bracket with a new engine exhaust bracket, if necessary. For certain 
airplanes, that amendment also currently requires installing new 
stainless steel plates onto the upper rear nacelle structure. The 
actions specified in that AD are intended to prevent fretting of the 
titanium thermal insulating blankets, which could result in an 
increased risk of fire in the engine exhaust duct of the tail pipe. 
This amendment corrects the requirements of the existing AD by 
correcting affected spare part numbers of thermal insulating blankets. 
This amendment is prompted by review of the requirements of the 
existing AD.

DATES: Effective March 3, 1999.
    The incorporation by reference of certain publications listed in 
the regulations was approved previously by the Director of the Federal 
Register as of March 3, 1999 (64 FR 4029, January 27, 1999).

FOR FURTHER INFORMATION CONTACT: Linda M. Haynes, Aerospace Engineer, 
Airframe and Propulsion Branch, ACE-117A, FAA, Small Airplane 
Directorate, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30337-2748; 
telephone (770) 703-6091; fax (770) 703-6097.

SUPPLEMENTARY INFORMATION: On January 15, 1999, the FAA issued AD 99-
02-18, amendment 39-11012 (64 FR 4029, January 27, 1999), which is 
applicable to certain EMBRAER Model EMB-120 series airplanes. That AD 
requires removing the thermal insulating blankets from the upper rear 
nacelle structure; re-positioning the engine exhaust duct; and 
replacing the engine exhaust bracket with a new engine exhaust bracket, 
if necessary. For certain airplanes, that AD also requires installing 
new stainless steel plates onto the upper rear nacelle structure. 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 prevent fretting of the titanium 
thermal insulating blankets, which could result in an increased risk of 
fire in the engine exhaust duct of the tail pipe.
    As published, paragraph (d) of AD 99-02-18 contained two incorrect 
references to spare part numbers of thermal insulating blankets. The 
first incorrect reference was a typographical error that identified 
spare part number ``120035413-001'' as one of the blankets that, as of 
the effective date of the AD, shall not be installed on any airplane. 
That part number does not exist. The correct part number is identified 
in EMBRAER Service Bulletin S.B. 120-54-0035, Change 02, dated May 29, 
1998 (which was referenced as the appropriate source of service 
information for accomplishment of the required actions) as ``120-35413-
001.''
    The second incorrect reference identified a spare part number 
(i.e., ``120-35411-002'') that does exist, but corresponds to a thermal 
insulating blanket that is not subject the identified unsafe condition 
of the AD. The correct spare part number is identified in the 
referenced service bulletin as ``120-35413-002.'' Therefore, this 
action revises paragraph (d) of the AD to reference the correct spare 
part numbers identified above.
    Action is taken herein to correct these requirements of AD 99-02-18 
and to correctly add the AD as an amendment to section 39.13 of the 
Federal Aviation Regulations (14 CFR 39.13).
    The final rule is being reprinted in its entirety for the 
convenience of affected operators. The effective date remains March 3, 
1999.
    Since this action only corrects a current requirement, it has no 
adverse economic impact and imposes no additional burden on any person. 
Therefore, notice and public procedures hereon are unnecessary.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Correction

    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 39-11012 (64 FR 
4029, January 27, 1999), and by adding a new airworthiness directive 
(AD), amendment 39-11100, to read as follows:

99-02-18 R1  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-11100. Docket 98-NM-265-AD. Revises AD 99-02-18, 
Amendment 39-11012.

    Applicability: Model EMB-120 series airplanes, serial numbers 
(S/N) 120003, 120004, and 120006 through 120336 inclusive; 
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 (e) 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 fretting of the titanium thermal insulating blankets, 
which could result in an increased risk of fire in the engine 
exhaust duct of the tail pipe, accomplish the following:
    (a) For airplanes identified in ``Part I'' of the effectivity 
listing of EMBRAER Service Bulletin S.B. 120-54-0035, Change 02, 
dated May 29, 1998: Within 2,400 flight hours after the effective 
date of this AD, accomplish paragraphs (a)(1) and (a)(2) in 
accordance with the service bulletin.
    (1) Remove the thermal insulating blankets from the upper rear 
nacelle structure.
    (2) Install new stainless steel plates onto the upper rear 
nacelle structure.
    (b) For airplanes identified in ``Part II'' of the effectivity 
listing of EMBRAER Service Bulletin S.B. 120-54-0035, Change 02, 
dated May 29, 1998: Within 2,400 flight hours after the effective 
date of this AD, remove the thermal insulating blankets from the 
upper rear nacelle structure in accordance with the service 
bulletin.
    (c) For all airplanes: Prior to further flight following 
accomplishment of either paragraph (a) or (b) of this AD, as 
applicable,

[[Page 15127]]

re-position the engine exhaust duct with the use of shims in 
accordance with EMBRAER Service Bulletin S.B. 120-54-0035, Change 
02, dated May 29, 1998. If it is not possible to re-position the 
engine exhaust duct with the use of shims as specified in the 
service bulletin, prior to further flight, replace the rear exhaust 
duct bracket with a new rear exhaust duct bracket, in accordance 
with the ``Note'' in paragraph 1.3.1.1 of the Planning section of 
the service bulletin.
    (d) As of the effective date of this AD, no person shall install 
on any airplane a thermal insulating blanket having part number (P/
N) 120-35411-025, -035, -036, 120-35413-001, or 120-35413-002.
    (e) 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, FAA, Small Airplane Directorate, 
Atlanta Aircraft Certification Office, One Crown Center, 1895 
Phoenix Boulevard, Suite 450, Atlanta, Georgia. 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.

    (f) 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.
    (g) The actions shall be done in accordance with EMBRAER Service 
Bulletin S.B. 120-54-0035, Change 02, dated May 29, 1998. This 
incorporation by reference was approved previously by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51 as of March 3, 1999 (64 FR 4029, January 27, 1999). 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.
    (h) The effective date of this amendment remains March 3, 1999.

    Issued in Renton, Washington, on March 23, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-7689 Filed 3-29-99; 8:45 am]
BILLING CODE 4910-13-P