Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes, 40962-40965 [E8-15969]
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40962
Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations
respectively, in accordance with the
Compliance Instructions, Part II, of BT A109E
or BT 119–22, whichever is applicable to
your model helicopter.
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
2008–14–05 Agusta. S.p.A.: Amendment
39–15600. Docket No. FAA–2008–0327;
Directorate Identifier 2007–SW–21–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective on August 21, 2008.
Other Affected ADs
(b) None.
Applicability
(c) This AD applies to Agusta S.p.A. Model
A109E and A119 helicopters, with hydraulic
lines, part number (P/N) 109–0761–64–103 or
P/N 109–0761–65–103, installed, certificated
in any category.
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Reason
(d) The mandatory continuing
airworthiness information (MCAI) states:
‘‘Some cases of interference between the
hydraulic pipe, P/N 109–0761–65–103, and
the tail rotor control rod assembly have been
detected on Model A109E helicopters * * *
The interference, if not corrected, could
damage the hydraulic pipes and lead to the
loss of the hydraulic system No. 1 in flight.
This AD * * * is issued to extend the same
mandatory corrective actions to A119 model
due to its design similarity with A109E.’’
This AD requires actions that are intended
to address this unsafe condition.
Actions and Compliance
(e) Within the next 50 hours time-inservice (TIS), unless accomplished
previously, and thereafter at intervals not to
exceed 100 hours TIS:
(1) Inspect for interference between the
hydraulic lines, P/N 109–0761–64–103 and
P/N 109–0761–65–103, and the tail rotor
control rod assembly, P/N 109–0032–01–41,
in accordance with the Compliance
Instructions, Part I, paragraph 3, of Agusta
Bollettino Tecnico (BT) No. 109EP–73, dated
December 4, 2006 (BT A109E), which is
applicable to Model A109E helicopters, or BT
119–22, dated July 11, 2007 (BT 119–22),
which is applicable to Model A119
helicopters.
(2) If you find interference between the
hydraulic lines and the tail rotor control rod
assembly, replace the hydraulic lines, P/N
109–0761–64–103 and P/N 109–0761–65–
103, with hydraulic lines, P/N 109–0763–96–
101 and P/N 109–0763–97–101, respectively,
in accordance with the Compliance
Instructions, Part II of BT A109E or BT 119–
22, whichever is applicable to your model
helicopter.
(f) Within 180 days, replace hydraulic
lines, P/N 109–0761–64–103 and P/N 109–
0761–65–103, with hydraulic lines, P/N 109–
0763–96–101 and P/N 109–0763–97–101,
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18:28 Jul 16, 2008
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DEPARTMENT OF TRANSPORTATION
Differences Between This AD and the MCAI
14 CFR Part 39
(g) This AD requires replacement of
hydraulic lines, P/N 109–0761–64–103 and
P/N 109–0761–65–103, within 180 days,
unless previously accomplished, instead of
replacing the hydraulic lines on the dates
specified in the MCAI.
[Docket No. 2003–NM–33–AD; Amendment
39–15613; AD 2008–15–01]
Other Information
(h) Alternative Methods of Compliance
(AMOCs): The Manager, Safety Management
Group, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send
information to ATTN: Uday Garadi, Aviation
Safety Engineer, FAA, Rotorcraft Directorate,
Regulations and Guidance Group, Fort
Worth, Texas 76193–0110, telephone (817)
222–5123, fax (817) 222–5961.
Related Information
(i) MCAI EASA AD No 2007–0231, dated
August 23, 2007, contains related
information.
Air Transport Association of America (ATA)
Tracking Code
(j) ATA Code 2910—Main Hydraulic
System.
Material Incorporated by Reference
(k) You must use the specified portions of
Agusta Bollettino Tecnico No. 109EP–73,
dated December 4, 2006, or No. 119–22,
dated July 11, 2007, as applicable, to do the
actions required.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Agusta, 21017 Cascina Costa
di Samarate (VA) Italy, Via Giovanni Agusta
520, telephone 39 (0331) 229111, fax 39
(0331) 229605–222595.
(3) You may review copies at the FAA,
Office of the Regional Counsel, Southwest
Region, 2601 Meacham Blvd., Fort Worth,
Texas 76193; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call (202) 741–6030, or go
to: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
Issued in Fort Worth, Texas, on June 19,
2008.
Judy I. Carl,
Acting Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. E8–14727 Filed 7–16–08; 8:45 am]
BILLING CODE 4910–13–P
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Federal Aviation Administration
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–120, –120ER,
–120FC, –120QC, and –120RT
Airplanes
Federal Aviation
Administration, DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This amendment adopts a
new airworthiness directive (AD),
applicable to all EMBRAER Model
EMB–120 series airplanes, that requires
revising the airplane flight manual to
include operational limitations for use
of the autopilot, installing two placards
that advise the flight crew to check the
pitch trim before descent, and
modifying the elevator trim system,
which would terminate the
requirements of the AD. The actions
specified by this AD are intended to
prevent pitch trim upsets if the pitch
trim actuators jam or freeze, which
could result in reduced controllability
of the airplane. This action is intended
to address the identified unsafe
condition.
Effective August 21, 2008.
The incorporation by reference of
certain publications listed in the
regulations is approved by the Director
of the Federal Register as of August 21,
2008.
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
Administration (FAA), Transport
Airplane Directorate, Rules Docket,
1601 Lind Avenue, SW., Renton,
Washington.
DATES:
Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington
98057–3356; 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 all EMBRAER
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations
Model EMB–120 series airplanes was
published as a supplemental notice of
proposed rulemaking (NPRM) in the
Federal Register on February 8, 2008
(73 FR 7494). That action proposed to
require revising the airplane flight
manual to include operational
limitations for use of the autopilot,
installing two placards (with revised
language) that advise the flight crew to
check the pitch trim before descent, and
modifying the elevator trim system,
which would terminate the
requirements of the AD.
New Relevant Service Information
The supplemental NPRM referred to
EMBRAER Service Bulletins 120–27–
0095 and 120–27–0096, both dated
February 16, 2007, as the appropriate
sources of service information for the
elevator trim system modification.
EMBRAER has since revised these
service bulletins. Service Bulletins 120–
27–0095, Revision 01, dated October 30,
2007; and 120–27–0096, Revision 01,
dated October 1, 2007; include minor
changes but provide no additional work.
In this final rule, we have changed
paragraph (d) to refer to Revision 01 of
the service bulletins, added new
paragraph (e) to provide credit for the
prior accomplishment of the original
service bulletins, and re-identified
subsequent paragraphs accordingly.
Comments
Interested persons have been afforded
an opportunity to participate in the
making of this amendment. Due
consideration has been given to the
comments received.
Request to Conditionally Allow
Autopilot Re-Engagement
SkyWest Airlines, Inc., requests that
we revise the NPRM to allow autopilot
re-engagement once pitch trim is
recovered. According to the commenter,
the inability to re-engage the autopilot
for the remainder of the flight can place
an unreasonable workload on a
flightcrew during some of the most
critical and demanding phases of flight.
We do not agree. We recognize that
the inability to re-engage the autopilot
could add to the flightcrew’s workload
during certain phases of flight, but we
do not agree that continued flight would
be safe with the autopilot re-engaged.
When free pitch trim is restored after
jamming, the appropriate approach is to
continue the flight manually without
the autopilot and report the issue to
maintenance, rather than re-engaging
the autopilot, so the cause of the jam
can be evaluated and corrected before
further use of the autopilot. We have not
changed the AD regarding this issue.
40963
Request to Limit Conditions That
Require Pitch Trim Check
SkyWest requests that we require a
pitch trim check only when a pitch trim
jam is suspected. The commenter states
that the existing criteria are too broad,
as they would include extremes of
descents in conditions of no ice, no
moisture, and outside air temperature in
excess of 25 degrees Celsius.
We disagree. Jamming of the trim
system is not dependent on the
environmental conditions. Internal
friction of the trim actuators may
gradually increase in normal use
regardless whether the actuator is
internally contaminated. We have not
changed the AD regarding this issue.
Conclusion
After careful review of the available
data, including the comments noted
above, the FAA has determined that air
safety and the public interest require
adopting the AD with the changes
described previously. We also
determined that these changes will not
increase the economic burden on any
operator or increase the scope of the AD.
Cost Impact
The following table provides the
estimated costs for U.S. operators to
comply with this AD.
ESTIMATED COSTS
Action
Work hours
AFM revisions ..........................................
Placard installation ...................................
Actuator replacement ...............................
Cable replacement ...................................
1
2
7
14
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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.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
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18:28 Jul 16, 2008
Jkt 214001
Average labor
rate per hour
$80
80
80
80
Parts
$0
182
16,670
1,050
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
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Cost per
product
Number of
U.S.-registered
airplanes
$80
342
17,230
2,170
103
103
103
103
Fleet cost
$8,240
35,226
1,774,690
223,510
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
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17JYR1
40964
Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations
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
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:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
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:
I
2008–15–01 Empresa Brasileira De
Aeronautica S.A. (EMBRAER):
Amendment 39–15613. Docket 2003–
NM–33–AD.
Applicability: All Model EMB–120,
–120ER, –120FC, –120QC, and –120RT
airplanes, certificated in any category.
Compliance: Required as indicated, unless
accomplished previously.
To prevent pitch trim upsets if the pitch
trim actuators jam or freeze, which could
result in reduced controllability of the
airplane, accomplish the following:
Revision of Airplane Flight Manual (AFM):
AFM–120/794
(a) Within 100 flight hours after the
effective date of this AD, revise the FAAapproved AFM, EMBRAER AFM–120/794, as
specified in paragraphs (a)(1) and (a)(2) of
this AD. These actions may be accomplished
by inserting a copy of this AD into the AFM.
(1) Revise the FLIGHT CONTROLS
FAILURES paragraph of the Abnormal
Procedures section by replacing the existing
ELEVATOR TRIM JAMMING procedure with
the following:
‘‘ELEVATOR TRIM JAMMING
Control Wheel .......... Hold Firmly
Autopilot .................. Disengage
Airspeed ................... Reduce
Note: Minimum airspeed with flap 0°—160
KIAS
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Pitch trim command
Check all switches
and elevator trim
wheel
If pitch trim is recovered:
Re-trim the airplane and continue the flight
with the autopilot disengaged, not exceeding
the airspeed when the trim was recovered.
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Jkt 214001
If pitch trim is not recovered:
Land at the nearest suitable airport.
Approach and landing configuration:
Landing gear ............. Down
Flaps ......................... 25
Airspeed ................... Vref25
CAUTION: DO NOT TRY TO RE-ENGAGE
THE AUTOPILOT.’’
(2) Revise the Normal Procedures section
of the AFM, after the current checklist item
for activating the FASTEN BELTS switch, by
inserting the following:
‘‘PITCH TRIM SYSTEM CHECK
Control Wheel .......... Hold firmly
Autopilot .................. Disengage
Power Levers ............ As required
Elevator Trim
As required
Wheels.
CAUTION: MANUALLY SET THE
ELEVATOR TRIM WHEELS TO THE
REQUIRED DESCENT ATTITUDE.
If any trim system binding (if trim wheel
rotates more than one trim wheel index mark
after being released), or abnormal trim
operation is observed:
Elevator Trim JamPerform
ming Procedure.
CAUTION: DO NOT TRY TO RE-ENGAGE
THE AUTOPILOT.
If no abnormal trim operation is observed:
Flight Director
As required
Vertical Mode.
Autopilot .................. Reengage’’
AFM Revision: Collins APS–65B Autopilot
AFM Supplement
(b) Concurrently with the AFM revisions
required by paragraph (a) of this AD, revise
the Limitations section of the Collins APS–
65B Autopilot System Supplement to include
the following (this may be accomplished by
inserting a copy of this AD into the AFM
Supplement):
‘‘1) The autopilot must not be used during
descent unless a trim check has been
performed successfully prior to descent, as
follows:
PITCH TRIM SYSTEM CHECK
Control Wheel .......... Hold firmly
Autopilot .................. Disengage
Power Levers ............ As required
Elevator Trim
As required
Wheels.
CAUTION: MANUALLY SET THE
ELEVATOR TRIM WHEELS TO THE
REQUIRED DESCENT ATTITUDE.
If any trim system binding (if trim wheel
rotates more than one trim wheel index mark
after being released), or abnormal trim
operation is observed:
Elevator Trim JamPerform
ming Procedure.
ferry flight using a special permit may be
performed to return the aircraft to a
maintenance base for replacement of the
actuators. In this case, the use of autopilot is
prohibited.’’
Placard Installation
(c) Within 300 flight hours after the
effective date of this AD, install two placards
on the glareshield, advising the flight crew to
check the pitch trim before initial descent, in
accordance with Part II of the
Accomplishment Instructions of EMBRAER
Service Bulletin 120–25–0262, Change 02,
dated October 30, 2003.
Elevator Trim System Modification
(d) Within 36 months after the effective
date of this AD, modify the elevator trim
system, in accordance with the
Accomplishment Instructions of EMBRAER
Service Bulletin 120–27–0095, Revision 01,
dated October 30, 2007; and EMBRAER
Service Bulletin 120–27–0096, Revision 01,
dated October 1, 2007. Accomplishment of
the modification terminates the requirements
of paragraphs (a), (b), and (c) of this AD, and
the corresponding AFM revisions and
placards may be removed.
Credit for Prior Accomplishment
(e) A modification done before the effective
date of this AD in accordance with
EMBRAER Service Bulletins 120–27–0095
and 120–27–0096, both dated February 16,
2007, is acceptable for compliance with the
requirements of paragraph (d) of this AD.
Parts Installation
(f) As of 36 months after the effective date
of this AD, no person may install, on any
airplane, an elevator trim tab actuator or
control cable having a part number identified
in Table 1 of this AD.
TABLE 1.—PROHIBITED PARTS
Part
Part No.
Elevator trim tab
actuator.
120–19685–001; 120–
19685–003; 120–19685–
007; 120–38650–001;
120–39205–001; 5299;
5299–1.
120–27729–095; 120–
27729–097; 120–31370–
095; 120–31370–097.
Control cable ....
CAUTION: DO NOT TRY TO RE-ENGAGE
THE AUTOPILOT.
If no abnormal trim operation is observed:
Flight Director
As required
Vertical Mode.
Autopilot .................. Reengage
Alternative Methods of Compliance
(g)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
2) If an elevator trim jamming is detected
during flight and the pitch trim system
resumes normal operation on ground, only a
Incorporation by Reference
(h) You must use the service information
contained in Table 2 of this AD to do the
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Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations
actions required by this AD, unless the AD
specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box
343—CEP 12.225, Sao Jose dos Campos—SP,
Brazil.
(3) You may review copies of the service
information that is incorporated by reference
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and
40965
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
TABLE 2.—MATERIAL INCORPORATED BY REFERENCE
Service Bulletin
Revision level
Date
EMBRAER Service Bulletin 120–25–0262 ...............................................................................
EMBRAER Service Bulletin 120–27–0095 ...............................................................................
EMBRAER Service Bulletin 120–27–0096 ...............................................................................
Change 02 .............................
Revision 01 ............................
Revision 01 ............................
October 30, 2003.
October 30, 2007.
October 1, 2007.
Note 1: The subject of this AD is addressed
in Brazilian airworthiness directive 2001–06–
01R4, effective August 23, 2007.
Effective Date
(i) This amendment becomes effective on
August 21, 2008.
Issued in Renton, Washington, on July 3,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–15969 Filed 7–16–08; 8:45 am]
BILLING CODE 4910–13–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA–2006–0086]
RIN 0960–AG43
Technical Changes to the Title II
Regulations
Social Security Administration.
Direct Final Rule with request
for comments.
AGENCY:
ACTION:
We are issuing this direct
final rule to make technical corrections
to our title II regulations affecting the
Federal Old-Age, Survivors and
Disability Insurance programs. This rule
amends our regulations by correcting a
cross-reference affecting entitlement to
mother’s and father’s benefits, to
include alternatives to the 9-month
duration of marriage requirement. We
are deleting an out-of-date crossreference to the definition of
‘‘substantially all.’’ In its place, we are
restoring the regulatory definition for
‘‘substantially all’’ that had been
inadvertently deleted to show if a
grandchild or stepgrandchild is
dependent based on our support
requirements. Also, we are revising
headings in six of our regulations to
conform to plain language provisions of
Executive Order (E.O.) 12866, as
amended.
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SUMMARY:
VerDate Aug<31>2005
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We are also amending one of our
regulations for clarity and to correct a
typographical error.
DATES: Effective Date: This direct final
rule is effective September 15, 2008
unless adverse or critical comments are
received by August 18, 2008. If the
effective date is delayed, timely notice
will be published in the Federal
Register .
COMMENT DATE: To be sure your
comments are considered, we must
receive them by August 18, 2008.
ADDRESSES: You may submit comments
by one of four methods—Internet,
facsimile, regular mail, or handdelivery. Commenters should not
submit the same comments multiple
times or by more than one method.
Regardless of which of the following
methods you choose, please state that
your comments refer to Docket No.
SSA–2006–0086 to ensure that we can
associate your comments with the
correct regulation:
1. Federal eRulemaking portal at
https://www.regulations.gov. (This is the
most expedient method for submitting
your comments, and we strongly urge
you to use it.) In the ‘‘Comment or
Submission’’ section of the webpage,
type ‘‘SSA–2006–0086’’, select ‘‘Go’’,
and then click ‘‘Send a Comment or
Submission.’’ The Federal eRulemaking
portal issues you a tracking number
when you submit a comment.
2. Telefax to (410) 966–2830.
3. Letter to the Commissioner of
Social Security, P.O. Box 17703,
Baltimore, Maryland 21235–7703.
4. Deliver your comments to the
Office of Regulations, Social Security
Administration, 922 Altmeyer Building,
6401 Security Boulevard, Baltimore,
Maryland 21235–6401, between 8 a.m.
and 4:30 p.m. on regular business days.
All comments are posted on the
Federal eRulemaking portal, although
they may not appear for several days
after receipt of the comment. You may
also inspect the comments on regular
business days by making arrangements
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with the contact person named in this
preamble.
Caution: All comments we receive
from members of the public are
available for public viewing on the
Federal eRulemaking portal at https://
www.regulations.gov. Therefore, you
should be careful to include in your
comments only information that you
wish to make publicly available on the
Internet. We strongly urge you not to
include any personal information, such
as your Social Security number or
medical information, in your comments.
FOR FURTHER INFORMATION CONTACT:
Mary Jayne Neubauer, Social Insurance
Specialist, Office of Income Security
Programs, Social Security
Administration, 6401 Security
Boulevard, Baltimore, MD 21235–6401,
(410) 966–7303. For information on
eligibility or filing for benefits, call our
national toll-free number, 1–800–772–
1213 or TTY 1–800–325–0778, or visit
our Internet site, Social Security Online,
at https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Electronic Version
The electronic file of this document is
available on the date of publication in
the Federal Register at https://
www.gpoaccess.gov/fr/.
Explanation of Changes
Correction of cross-reference in
section 404.339(a)—Who is entitled to
mother’s or father’s benefits.
Section 404.339 describes how a
person becomes entitled to mother’s or
father’s benefits. Section 404.339(a)
currently requires that the person be the
widow or widower of the insured ‘‘and
meet the conditions described in
§ 404.335(a)(1)’’, which refers to a 9month duration of marriage requirement
for a widow or widower. This crossreference is incorrect because it does not
include the alternatives to the 9-month
duration of marriage requirement,
which are contained in § 404.335(a)(2),
(a)(3) and (a)(4). Therefore, we are
E:\FR\FM\17JYR1.SGM
17JYR1
]]>Agencies
[Federal Register Volume 73, Number 138 (Thursday, July 17, 2008)]
[Rules and Regulations]
[Pages 40962-40965]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15969]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-33-AD; Amendment 39-15613; AD 2008-15-01]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to all EMBRAER Model EMB-120 series airplanes, that requires
revising the airplane flight manual to include operational limitations
for use of the autopilot, installing two placards that advise the
flight crew to check the pitch trim before descent, and modifying the
elevator trim system, which would terminate the requirements of the AD.
The actions specified by this AD are intended to prevent pitch trim
upsets if the pitch trim actuators jam or freeze, which could result in
reduced controllability of the airplane. This action is intended to
address the identified unsafe condition.
DATES: Effective August 21, 2008.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 21, 2008.
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 Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, Washington 98057-3356; 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 all EMBRAER
[[Page 40963]]
Model EMB-120 series airplanes was published as a supplemental notice
of proposed rulemaking (NPRM) in the Federal Register on February 8,
2008 (73 FR 7494). That action proposed to require revising the
airplane flight manual to include operational limitations for use of
the autopilot, installing two placards (with revised language) that
advise the flight crew to check the pitch trim before descent, and
modifying the elevator trim system, which would terminate the
requirements of the AD.
New Relevant Service Information
The supplemental NPRM referred to EMBRAER Service Bulletins 120-27-
0095 and 120-27-0096, both dated February 16, 2007, as the appropriate
sources of service information for the elevator trim system
modification. EMBRAER has since revised these service bulletins.
Service Bulletins 120-27-0095, Revision 01, dated October 30, 2007; and
120-27-0096, Revision 01, dated October 1, 2007; include minor changes
but provide no additional work. In this final rule, we have changed
paragraph (d) to refer to Revision 01 of the service bulletins, added
new paragraph (e) to provide credit for the prior accomplishment of the
original service bulletins, and re-identified subsequent paragraphs
accordingly.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Request to Conditionally Allow Autopilot Re-Engagement
SkyWest Airlines, Inc., requests that we revise the NPRM to allow
autopilot re-engagement once pitch trim is recovered. According to the
commenter, the inability to re-engage the autopilot for the remainder
of the flight can place an unreasonable workload on a flightcrew during
some of the most critical and demanding phases of flight.
We do not agree. We recognize that the inability to re-engage the
autopilot could add to the flightcrew's workload during certain phases
of flight, but we do not agree that continued flight would be safe with
the autopilot re-engaged. When free pitch trim is restored after
jamming, the appropriate approach is to continue the flight manually
without the autopilot and report the issue to maintenance, rather than
re-engaging the autopilot, so the cause of the jam can be evaluated and
corrected before further use of the autopilot. We have not changed the
AD regarding this issue.
Request to Limit Conditions That Require Pitch Trim Check
SkyWest requests that we require a pitch trim check only when a
pitch trim jam is suspected. The commenter states that the existing
criteria are too broad, as they would include extremes of descents in
conditions of no ice, no moisture, and outside air temperature in
excess of 25 degrees Celsius.
We disagree. Jamming of the trim system is not dependent on the
environmental conditions. Internal friction of the trim actuators may
gradually increase in normal use regardless whether the actuator is
internally contaminated. We have not changed the AD regarding this
issue.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require adopting the AD with the changes described previously.
We also determined that these changes will not increase the economic
burden on any operator or increase the scope of the AD.
Cost Impact
The following table provides the estimated costs for U.S. operators
to comply with this AD.
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work hours Average labor Parts Cost per registered Fleet cost
rate per hour product airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
AFM revisions........................................... 1 $80 $0 $80 103 $8,240
Placard installation.................................... 2 80 182 342 103 35,226
Actuator replacement.................................... 7 80 16,670 17,230 103 1,774,690
Cable replacement....................................... 14 80 1,050 2,170 103 223,510
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
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
[[Page 40964]]
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:
2008-15-01 Empresa Brasileira De Aeronautica S.A. (EMBRAER):
Amendment 39-15613. Docket 2003-NM-33-AD.
Applicability: All Model EMB-120, -120ER, -120FC, -120QC, and -
120RT airplanes, certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent pitch trim upsets if the pitch trim actuators jam or
freeze, which could result in reduced controllability of the
airplane, accomplish the following:
Revision of Airplane Flight Manual (AFM): AFM-120/794
(a) Within 100 flight hours after the effective date of this AD,
revise the FAA-approved AFM, EMBRAER AFM-120/794, as specified in
paragraphs (a)(1) and (a)(2) of this AD. These actions may be
accomplished by inserting a copy of this AD into the AFM.
(1) Revise the FLIGHT CONTROLS FAILURES paragraph of the
Abnormal Procedures section by replacing the existing ELEVATOR TRIM
JAMMING procedure with the following:
``ELEVATOR TRIM JAMMING
Control Wheel............................. Hold Firmly
Autopilot................................. Disengage
Airspeed.................................. Reduce
Note: Minimum airspeed with flap 0[deg]--160 KIAS
Pitch trim command........................ Check all switches and
elevator trim wheel
If pitch trim is recovered:
Re-trim the airplane and continue the flight with the autopilot
disengaged, not exceeding the airspeed when the trim was recovered.
If pitch trim is not recovered:
Land at the nearest suitable airport.
Approach and landing configuration:
Landing gear.............................. Down
Flaps..................................... 25
Airspeed.................................. Vref25
CAUTION: DO NOT TRY TO RE-ENGAGE THE AUTOPILOT.''
(2) Revise the Normal Procedures section of the AFM, after the
current checklist item for activating the FASTEN BELTS switch, by
inserting the following:
``PITCH TRIM SYSTEM CHECK
Control Wheel............................. Hold firmly
Autopilot................................. Disengage
Power Levers.............................. As required
Elevator Trim Wheels...................... As required
CAUTION: MANUALLY SET THE ELEVATOR TRIM WHEELS TO THE REQUIRED
DESCENT ATTITUDE.
If any trim system binding (if trim wheel rotates more than one
trim wheel index mark after being released), or abnormal trim
operation is observed:
Elevator Trim Jamming Procedure........... Perform
CAUTION: DO NOT TRY TO RE-ENGAGE THE AUTOPILOT.
If no abnormal trim operation is observed:
Flight Director Vertical Mode............. As required
Autopilot................................. Reengage''
AFM Revision: Collins APS-65B Autopilot AFM Supplement
(b) Concurrently with the AFM revisions required by paragraph
(a) of this AD, revise the Limitations section of the Collins APS-
65B Autopilot System Supplement to include the following (this may
be accomplished by inserting a copy of this AD into the AFM
Supplement):
``1) The autopilot must not be used during descent unless a trim
check has been performed successfully prior to descent, as follows:
PITCH TRIM SYSTEM CHECK
Control Wheel............................. Hold firmly
Autopilot................................. Disengage
Power Levers.............................. As required
Elevator Trim Wheels...................... As required
CAUTION: MANUALLY SET THE ELEVATOR TRIM WHEELS TO THE REQUIRED
DESCENT ATTITUDE.
If any trim system binding (if trim wheel rotates more than one
trim wheel index mark after being released), or abnormal trim
operation is observed:
Elevator Trim Jamming Procedure........... Perform
CAUTION: DO NOT TRY TO RE-ENGAGE THE AUTOPILOT.
If no abnormal trim operation is observed:
Flight Director Vertical Mode............. As required
Autopilot................................. Reengage
2) If an elevator trim jamming is detected during flight and the
pitch trim system resumes normal operation on ground, only a ferry
flight using a special permit may be performed to return the
aircraft to a maintenance base for replacement of the actuators. In
this case, the use of autopilot is prohibited.''
Placard Installation
(c) Within 300 flight hours after the effective date of this AD,
install two placards on the glareshield, advising the flight crew to
check the pitch trim before initial descent, in accordance with Part
II of the Accomplishment Instructions of EMBRAER Service Bulletin
120-25-0262, Change 02, dated October 30, 2003.
Elevator Trim System Modification
(d) Within 36 months after the effective date of this AD, modify
the elevator trim system, in accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin 120-27-0095, Revision 01,
dated October 30, 2007; and EMBRAER Service Bulletin 120-27-0096,
Revision 01, dated October 1, 2007. Accomplishment of the
modification terminates the requirements of paragraphs (a), (b), and
(c) of this AD, and the corresponding AFM revisions and placards may
be removed.
Credit for Prior Accomplishment
(e) A modification done before the effective date of this AD in
accordance with EMBRAER Service Bulletins 120-27-0095 and 120-27-
0096, both dated February 16, 2007, is acceptable for compliance
with the requirements of paragraph (d) of this AD.
Parts Installation
(f) As of 36 months after the effective date of this AD, no
person may install, on any airplane, an elevator trim tab actuator
or control cable having a part number identified in Table 1 of this
AD.
Table 1.--Prohibited Parts
------------------------------------------------------------------------
Part Part No.
------------------------------------------------------------------------
Elevator trim tab actuator............ 120-19685-001; 120-19685-003;
120-19685-007; 120-38650-001;
120-39205-001; 5299; 5299-1.
Control cable......................... 120-27729-095; 120-27729-097;
120-31370-095; 120-31370-097.
------------------------------------------------------------------------
Alternative Methods of Compliance
(g)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Incorporation by Reference
(h) You must use the service information contained in Table 2 of
this AD to do the
[[Page 40965]]
actions required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP
12.225, Sao Jose dos Campos--SP, Brazil.
(3) You may review copies of the service information that is
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030, or
go to https://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
Table 2.--Material Incorporated by Reference
------------------------------------------------------------------------
Service Bulletin Revision level Date
------------------------------------------------------------------------
EMBRAER Service Bulletin 120-25- Change 02...... October 30, 2003.
0262.
EMBRAER Service Bulletin 120-27- Revision 01.... October 30, 2007.
0095.
EMBRAER Service Bulletin 120-27- Revision 01.... October 1, 2007.
0096.
------------------------------------------------------------------------
Note 1: The subject of this AD is addressed in Brazilian
airworthiness directive 2001-06-01R4, effective August 23, 2007.
Effective Date
(i) This amendment becomes effective on August 21, 2008.
Issued in Renton, Washington, on July 3, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-15969 Filed 7-16-08; 8:45 am]
BILLING CODE 4910-13-P
