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5070 Federal Register / Vol. 70, No.

20 / Tuesday, February 1, 2005 / Proposed Rules

FR 34094, June 27, 2001), are approved as DATES: Comments must be received by • Include justification (e.g., reasons or
AMOCs for the inspection requirements of February 28, 2005. data) for each request.
this AD only at fastener locations where the
ADDRESSES: Submit comments in Comments are specifically invited on
AMOC provided for installing either
BACB30NX or BACB30US fasteners. triplicate to the Federal Aviation the overall regulatory, economic,
Administration (FAA), Transport environmental, and energy aspects of
Issued in Renton, Washington, on January Airplane Directorate, ANM–114,
21, 2005. the proposed rule. All comments
Attention: Rules Docket No. 2000–NM– submitted will be available, both before
Ali Bahrami, 120–AD, 1601 Lind Avenue, SW.,
Manager, Transport Airplane Directorate, and after the closing date for comments,
Renton, Washington 98055–4056. in the Rules Docket for examination by
Aircraft Certification Service. Comments may be inspected at this
[FR Doc. 05–1794 Filed 1–31–05; 8:45 am] interested persons. A report
location between 9 a.m. and 3 p.m.,
summarizing each FAA-public contact
BILLING CODE 4910–13–P Monday through Friday, except Federal
holidays. Comments may be submitted concerned with the substance of this
via fax to (425) 227–1232. Comments proposal will be filed in the Rules
DEPARTMENT OF TRANSPORTATION may also be sent via the Internet using Docket.
the following address: 9-anm- Commenters wishing the FAA to
Federal Aviation Administration
nprmcomment@faa.gov. Comments sent acknowledge receipt of their comments
via fax or the Internet must contain submitted in response to this action
14 CFR Part 39
‘‘Docket No. 2000–NM–120–AD’’ in the must submit a self-addressed, stamped
[Docket No. 2000–NM–120–AD] subject line and need not be submitted postcard on which the following
in triplicate. Comments sent via the statement is made: ‘‘Comments to
RIN 2120–AA64 Internet as attached electronic files must Docket Number 2000–NM–120–AD.’’
be formatted in Microsoft Word 97 or The postcard will be date stamped and
Airworthiness Directives; Empresa
2000 or ASCII text. returned to the commenter.
Brasileira de Aeronautica S.A. The service information referenced in
(EMBRAER) Model EMB–120 Series the proposed rule may be obtained from Availability of NPRMs
Airplanes Empresa Brasileira de Aeronautica S.A.
(EMBRAER), P.O. Box 343–CEP 12.225, Any person may obtain a copy of this
AGENCY: Federal Aviation
Sao Jose dos Campos–SP, Brazil. This NPRM by submitting a request to the
Administration (FAA), Department of
information may be examined at the FAA, Transport Airplane Directorate,
Transportation (DOT).
Federal Aviation Administration (FAA), ANM–114, Attention: Rules Docket No.
ACTION: Supplemental notice of
Transport Airplane Directorate, Rules 2000–NM–120–AD, 1601 Lind Avenue,
proposed rulemaking; reopening of
Docket, 1601 Lind Avenue, SW., SW., Renton, Washington 98055–4056.
comment period.
Renton, Washington. Discussion
SUMMARY: This document revises an FOR FURTHER INFORMATION CONTACT:
earlier proposed airworthiness directive Todd Thompson, Aerospace Engineer, A proposal to amend part 39 of the
(AD), applicable to certain EMBRAER International Branch, ANM–116, Federal Aviation Regulations (14 CFR
Model EMB–120 series airplanes that Transport Airplane Directorate, 1601 part 39) to add an airworthiness
would have required initial and Lind Avenue, S.W., Renton, directive (AD), applicable to certain
repetitive calibration testing of Washington, 98055–4056; telephone EMBRAER Model EMB–120 series
potentiometers to detect noisy signals (425) 227–1175; fax (425) 227–1149. airplanes, was published as a
and replacement of only those with SUPPLEMENTARY INFORMATION: supplemental notice of proposed
noisy signals. This new action revises rulemaking (NPRM) in the Federal
the proposed AD by reducing the Comments Invited
Register on March 19, 2003 (68 FR
compliance time for the repetitive Interested persons are invited to 13239), hereafter referred to as the ‘‘first
calibration testing of the potentiometers participate in the making of the supplemental NPRM.’’ That
and adding the requirement for proposed rule by submitting such supplemental NPRM would have
reporting results of the calibration tests written data, views, or arguments, as required initial and repetitive
of the potentiometers and the readouts they may desire. Communications shall
of the flight data recorder (FDR) to the calibration testing of the potentiometers
identify the Rules Docket number and
airplane manufacturer. The actions to detect noisy signals and replacement
be submitted in triplicate to the address
specified by this new proposed AD are of only those with noisy signals.
specified above. All communications
intended to prevent the potentiometers received on or before the closing date Potentiometers that provide information
that provide information on the for comments, specified above, will be on the positions of the primary flight
positions of the primary flight controls considered before taking action on the controls to the flight data recorder (FDR)
to the FDR from transmitting noisy proposed rule. The proposals contained transmitting noisy signals or becoming
signals or becoming improperly in this action may be changed in light improperly calibrated, if not corrected,
calibrated, resulting in the transmission of the comments received. could result in the transmission of
of incomplete or inaccurate data to the Submit comments using the following incomplete or inaccurate data to the
FDR. This lack of reliable data could format: FDR. This lack of reliable data could
hamper discovery of the unsafe • Organize comments issue-by-issue. hamper discovery of the unsafe
condition that caused an accident or For example, discuss a request to condition that caused an accident or
incident and prevent the FAA from change the compliance time and a incident and prevent the FAA from
developing and mandating actions to request to change the service bulletin developing and mandating actions to
prevent additional accidents or reference as two separate issues. prevent additional accidents or
incidents caused by that same unsafe • For each issue, state what specific incidents caused by that same unsafe
condition. This action is intended to change to the proposed AD is being condition.
address the identified unsafe condition. requested.

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Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 5071

Comments Received to the First opportunity for a fleet wide evaluation suggests that the most direct way to
Supplemental NPRM of the continuing problem. detect a sensor failure or out-of-
From these statements, we infer that calibration condition would be for a
Due consideration has been given to the commenter is requesting that we qualified analyst to periodically
the comments received in response to revise the first supplemental NPRM to evaluate the FDR data, conduct a
the first supplemental NPRM. again require operators to report results calibration check, and make any
Request To Reduce Compliance Time of their calibration tests of the necessary sensor replacements during
potentiometers and the readouts of the scheduled maintenance. The commenter
The commenter, the National FDR to us every 6 months for 2 years. asserts that the fact that one or more
Transportation Safety Board (NTSB), We partially agree with the commenter’s flight control parameters failed in 16 of
requests that the compliance time request. As we explained previously, we 17 Model EMB–120 FDR readouts since
interval for the repetitive calibration have reduced the compliance time for 1990 suggests that the problem may be
tests of the potentiometers and the the repetitive interval for the calibration systemic and may require a more robust
readouts of the FDR in the first tests of the potentiometers and the sensor and/or installation. Further, the
supplemental NPRM be changed from readouts of the FDR from 12 months to commenter expresses doubt that all of
12 months back to the 6 months 6 months. We also agree that the the failures were caused by storing the
proposed in the original NPRM. The calibration testing and readout results sensors for more than 12 months, which
commenter states that it closed Safety will be valuable for determining the airplane and sensor manufacturers
Recommendation A–96–34 in 1998 with whether the proposed corrective actions claim caused an oxide film to form on
an acceptable status, because the adequately address the noisy signals, the sensor, resulting in the noisy
original NPRM and the FAA Flight loose couplers, and incorrect signals. The commenter supplied no
Standards Handbook Bulletin for calibrations that are found, and for data to support this request.
Airworthiness 97–14 (EMBRAER EMB– determining the extent of these in the We do not agree with the commenter’s
120 Flight Data Recorder Test), directed affected fleet. Based on the results of request to revise the compliance
potentiometer calibration testing every 6 these reports, we may determine that method. However, as we explained
months. Since the original NPRM was further corrective action is warranted. previously, we have reduced the
issued, the commenter points out that Therefore, we have revised this second compliance time for the repetitive
the FAA reversed its position on these supplemental NPRM to add new a interval for calibration testing of the
inspections by proposing to require paragraph (f) that would require potentiometers and readout of the FDR.
annual inspections in the first operators to report results of the initial We find that installation problems with
supplemental NPRM. The commenter and repetitive calibration tests of the the sensor’s compatibility with the
states it has found sensor failures to be potentiometers and the readouts of the installation environment would more
intermittent and believes that, because FDR at intervals not to exceed 6 months likely appear as (hard) sensor failures,
annual inspections are the typical for 24 months, and reidentified not signal quality problems. The
inspection cycle for FDR systems, they subsequent paragraphs accordingly. commenter itself points out that noisy
may not reveal a problem and will not However, we do not agree that these signals are rare and most service
provide timely feedback on the results should be submitted to the FAA. problems are related to poor
effectiveness of the corrective action, The airplane manufacturer, EMBRAER, maintenance or an improperly executed
possibly resulting in a failed sensor continually monitors the effectiveness FD replacement. Therefore, because the
remaining in place for a full year. of corrective actions and reviews both potentiometers are sealed and require
the corrective actions and their no maintenance, we still consider oxide
The FAA agrees. Sensor failures can effectiveness with the Centro Technico coating inside the potentiometers a
be intermittent; therefore, we have Aeroespacial (CTA), which is a division contributing factor to the source of the
determined that annual inspections— of the airworthiness authority for Brazil, noisy signals—most likely a result of
the typical inspection cycle for FDR during quarterly service difficulty prolonged disuse of the sensors.
systems—may not reveal a problem in a reviews. Therefore, we have determined Therefore, we find that these proposed
timely manner and could possibly result that the calibration testing and readouts corrective actions will purge any faulty
in a failed sensor remaining in place for of the FDR should be reported directly sensors and that no change to the
up to a year. We have revised paragraph to EMBRAER. We will work closely second supplemental NPRM is
(b) of this second supplemental NPRM with EMBRAER and the CTA to monitor necessary in this regard.
to reduce the compliance time interval the effectiveness of the corrective
for the repetitive calibration tests of the actions specified in this second Clarification of Certain Terms
potentiometers and the readouts of the supplemental NPRM and will determine We have added a new Note 1 to this
FDR from 12 months back to 6 months. if further corrective action is warranted second supplemental NPRM (and re-
Request To Include Reporting based on the results of these reports. No numbered subsequent notes
Requirement additional change to the second accordingly) to clarify our use of the
supplemental NPRM is necessary in this word ‘‘calibration.’’ For the purposes of
The same commenter states that, if the regard. this second supplemental NPRM, we
AD is revised as proposed in the first define calibration as the adjustment of
supplemental NPRM, the only way to Request To Revise the Method of the potentiometers, including
properly evaluate the effectiveness of Compliance operational and functional tests of the
the proposed corrective action is to The same commenter requests that the FDR system, as specified in Section 31–
require an FDR readout and evaluation first supplemental NPRM be revised to 30–00 of the EMBRAER EMB120
every 6 months for 2 years, and to include requirements to conduct the Airplane Maintenance Manual (AMM).
submit the results to the FAA for FDR readout and evaluation just before Paragraph (a) of this second
evaluation (as prescribed in the original the airplane’s scheduled maintenance, supplemental NPRM provides
NPRM). The commenter further asserts with emphasis on observing parameter procedures for a noise ‘‘check’’ to detect
that removal of the reporting performance during in-flight and ground potentiometers with noisy signals. We
requirement will eliminate the operations. The commenter further have determined that certified

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5072 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules

maintenance personnel must perform • Paragraph (c): Section 31–30–05, of compliance (AMOC). Because we
the noise check. dated July 17, 1998. have now included this material in part
Additionally, we have added a new 39, only the office authorized to approve
Explanation of Additional Changes to Note 2 to this second supplemental AMOCs is identified in each individual
the Second Supplemental NPRM
NPRM (and re-numbered subsequent AD. Therefore, paragraph (g) has been
We have added a new paragraph (e) notes accordingly) to clarify that Section revised and paragraph (h) and Notes 1
to this second supplemental NPRM (and 31–30–05 of the EMBRAER EMB120 and 4 of the first supplemental NPRM
reidentified subsequent paragraphs AMM includes instructions for have been removed from this
accordingly) to state that modification of calibrating the potentiometers (adjusting supplemental NPRM.
the flexible couplings done before the the potentiometers, including
effective date of this AD in accordance operational and functional tests of the Increase in Labor Rate
with Change 01 of EMBRAER Service FDR system). The procedures for that
Bulletin 120–31–0038, dated October 3, After the first supplemental NPRM
calibration are specified in Section 31– was issued, we reviewed the figures we
1997, is considered acceptable for 30–00 of the EMBRAER EMB120 AMM.
compliance with the corresponding use to calculate the labor rate to do the
action required by paragraph (d) of this Conclusion required actions. To account for various
second supplemental NPRM. inflationary costs in the airline industry,
Since some of these changes expand
We have also changed paragraphs (a) we find it appropriate to increase the
the scope of the first supplemental
and (c) of this second supplemental labor rate used in these calculations
NPRM, the FAA has determined that it
NPRM to specify that the proposed from $60 per work hour to $65 per work
is necessary to reopen the comment
actions shall be done in accordance hour. The economic impact information,
period to provide additional
with a method approved by the below, has been revised to reflect this
opportunity for public comment.
Manager, International Branch, ANM– increase in the specified hourly labor
116, Transport Airplane Directorate, Changes to 14 CFR part 39/Effect on the rate.
FAA. In addition, the following sections Proposed AD
Cost Impact
of the EMBRAER EMB–120 AMM are On July 10, 2002, the FAA issued a
identified as approved methods of new version of 14 CFR part 39 (67 FR The FAA estimates that 587 airplanes
compliance for accomplishing the 47997, July 22, 2002), which governs the of U.S. registry would be affected by this
proposed actions specified in the FAA’s airworthiness directives system. proposed AD. The following table
applicable paragraphs: The regulation now includes material provides the estimated costs for U.S.
• Paragraph (a): Section 31–30–00, that relates to altered products, special operators to comply with this proposed
dated April 10, 2002. flight permits, and alternative methods AD.

ESTIMATED COSTS
Average
Action Work hours labor rate Cost of parts per airplane Cost per airplane
per hour

Calibration and FDR readout, 1 per potentiometer (for digital- $65 Negligible ................................. $65, potentiometer (for digital-
per calibration cycle (3 poten- type FDRs), per calibration calibration type FDRs), per
tiometers per airplane). cycle; or 25 per potentiom- calibration cycle; or $1,625,
eter (for tape-type FDRs), per potentiometer (for tape-
per calibration cycle. type FDRs), per calibration
cycle.
Application of adhesive ............. 1 ............................................... 65 Negligible ................................. $65.

The cost impact figures discussed the FAA Administrator. Subtitle VII, Regulatory Findings
above are based on assumptions that no Aviation Programs, describes in more
We have determined that this
operator has yet accomplished any of detail the scope of the Agency’s proposed AD would not have federalism
the proposed requirements of this AD authority. implications under Executive Order
action, and that no operator would We are issuing this rulemaking under 13132. This proposed AD would not
accomplish those actions in the future if
the authority described in Subtitle VII, have a substantial direct effect on the
this AD were not adopted. The cost
Part A, Subpart III, Section 44701, States, on the relationship between the
impact figures discussed in AD
‘‘General requirements.’’ Under that national Government and the States, or
rulemaking actions represent only the
section, Congress charges the FAA with on the distribution of power and
time necessary to perform the specific
promoting safe flight of civil aircraft in responsibilities among the various
actions actually required by the AD.
air commerce by prescribing regulations levels of government.
These figures typically do not include
incidental costs, such as the time for practices, methods, and procedures For the reasons discussed above, I
required to gain access and close up, the Administrator finds necessary for certify that the proposed regulation:
planning time, or time necessitated by safety in air commerce. This regulation 1. Is not a ‘‘significant regulatory
other administrative actions. is within the scope of that authority action’’ under Executive Order 12866;
because it addresses an unsafe condition 2. Is not a ‘‘significant rule’’ under the
Authority for This Rulemaking that is likely to exist or develop on DOT Regulatory Policies and Procedures
Title 49 of the United States Code products identified in this rulemaking (44 FR 11034, February 26, 1979); and
specifies the FAA’s authority to issue action. 3. Will not have a significant
rules on aviation safety. Subtitle I, economic impact, positive or negative,
Section 106, describes the authority of on a substantial number of small entities

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Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 5073

under the criteria of the Regulatory the FDR, as required by paragraph (a) of this Note 3: The subject of this AD is addressed
Flexibility Act. AD, at intervals not to exceed 6 months. in Brazilian airworthiness directive 97–08–
We prepared a regulatory evaluation 01, dated August 29, 1997.
Replacement of Potentiometers
of the estimated costs to comply with Issued in Renton, Washington, on January
(c) If any readout of the FDR, conducted in
this proposed AD. See the ADDRESSES accordance with paragraph (a) or (b) of this 21, 2005.
section for a location to examine the AD, indicates a potentiometer with a noisy Ali Bahrami,
regulatory evaluation. signal: Within 20 days after obtaining the Manager, Transport Airplane Directorate,
readout, replace the potentiometer with one Aircraft Certification Service.
List of Subjects in 14 CFR Part 39 that has a date of manufacture no greater than
[FR Doc. 05–1795 Filed 1–31–05; 8:45 am]
Air transportation, Aircraft, Aviation 12 months from the date of installation, in
accordance with a method approved by the BILLING CODE 4910–13–P
safety, Safety.
Manager, International Branch, ANM–116,
The Proposed Amendment Transport Airplane Directorate, FAA. Section
Accordingly, pursuant to the 31–30–05, dated July 17, 1998, of the DEPARTMENT OF TRANSPORTATION
authority delegated to me by the EMBRAER EMB–120 AMM is one approved
method. Federal Aviation Administration
Administrator, the Federal Aviation
Administration proposes to amend part Note 2: Section 31–30–05 of the EMBRAER
EMB120 AMM includes instructions for 14 CFR Part 39
39 of the Federal Aviation Regulations
calibrating the potentiometers. The
(14 CFR part 39) as follows: procedures for the calibration are specified in
[Docket No. FAA–2005–20221; Directorate
Identifier 2004–NM–173–AD]
Section 31–30–00 of the EMB120 AMM.
PART 39—AIRWORTHINESS
RIN 2120–AA64
DIRECTIVES Modification of Flexible Couplers
1. The authority citation for part 39 (d) Prior to further flight, after Airworthiness Directives; Airbus Model
continues to read as follows: accomplishing paragraph (a) of this AD: A330, A340–200, and A340–300 Series
Apply locktite adhesive over the threads of Airplanes
Authority: 49 U.S.C. 106(g), 40113, 44701. the screws of the flexible couplers that attach
the shafts of the potentiometers to the shafts AGENCY: Federal Aviation
§ 39.13 [Amended] of the primary flight controls, in accordance Administration (FAA), Department of
2. Section 39.13 is amended by with EMBRAER Service Bulletin 120–31– Transportation (DOT).
adding the following new airworthiness 0038, dated February 22, 1997; or Change 02, ACTION: Notice of proposed rulemaking
directive: dated June 25, 1998.
(NPRM).
Empresa Brasileira de Aeronautica S.A. Modification Accomplished Per Previous
(EMBRAER): Docket 2000–NM–120–AD. Issue of Service Bulletin SUMMARY: The FAA proposes to adopt a
Applicability: Model EMB–120 series (e) Modification of the flexible couplers new airworthiness directive (AD) for all
airplanes), certificated in any category, that done before the effective date of this AD in Airbus Model A330, A340–200, and
are required by 14 CFR 135 to operate with accordance with EMBRAER Service Bulletin A340–300 series airplanes. This
a flight data recorder (FDR). 120–31–0038, Change 01, dated October 3, proposed AD would require inspecting
Compliance: Required as indicated, unless 1997, is considered acceptable for to determine the part number and serial
accomplished previously. compliance with the corresponding action number of the left- and right-hand
To prevent the potentiometers that provide specified in paragraph (d) of this AD.
information on the positions of the primary
elevator assemblies, performing related
flight controls to the FDR from transmitting Reporting Requirement investigative and corrective actions if
noisy signals or becoming improperly (f) At the applicable time specified in necessary, and re-protecting the elevator
calibrated, resulting in the transmission of paragraph (f)(1) or (f)(2) of this AD: Submit assembly. This proposed AD is
incomplete or inaccurate data to the FDR, a report of the calibration tests of the prompted by reports that areas on the
accomplish the following: potentiometers and the readouts of the FDR top skin panel of the right-hand elevator
Initial Potentiometer Calibration Testing and to Empresa Brasileira de Aeronautica S.A. have disbonded due to moisture
FDR Readout (EMBRAER), Certification—Continued penetration. We are proposing this AD
Airworthiness, Av. Brig. Faria Lima, 2170, to prevent disbonding of the elevator
(a) Within 6 months after the effective date P.C. 179, 12227–901, Sao Jose dos Campos—
of this AD: Calibrate the potentiometers to assembly, which could reduce the
SP, Brazil; fax (12) 3927–1184. Information
the ailerons, elevators, and rudder; perform structural integrity of the elevator and
collection requirements contained in this
a noise check of the potentiometers; and regulation have been approved by the Office result in reduced controllability of the
obtain a readout of the FDR; in accordance of Management and Budget (OMB) under the airplane.
with a method approved by the Manager, provisions of the Paperwork Reduction Act of
International Branch, ANM–116, Transport DATES: We must receive comments on
1980 (44 U.S.C. 3501 et seq.) and have been this proposed AD by March 3, 2005.
Airplane Directorate, FAA. Section 31–30– assigned OMB Control Number 2120–0056.
00, dated April 10, 2002, of the EMBRAER ADDRESSES: Use one of the following
(1) For calibration tests, noise checks, and
EMB–120 Airplane Maintenance Manual addresses to submit comments on this
FDR readouts done after the effective date of
(AMM) is one approved method. The noise proposed AD.
this AD: Submit the report within 30 days
check must be performed by certificated after performing each test, check, and readout • DOT Docket Web site: Go to
maintenance personnel. http://dms.dot.gov and follow the
required by paragraphs (a) and (b) of this AD.
Note 1: For the purposes of this AD, (2) For calibration tests, noise checks, and instructions for sending your comments
calibration is defined as the adjustment of the FDR readouts done before to the effective electronically.
potentiometers, including operational and date of this AD: Submit the report within 10 • Government-wide rulemaking Web
functional tests of the FDR system, as days after the effective date of this AD.
specified in Section 31–30–00 of the
site: Go to http://www.regulations.gov
EMBRAER EMB120 AMM. Alternative Methods of Compliance and follow the instructions for sending
(g) In accordance with 14 CFR 39.19, the your comments electronically.
Repetitive Potentiometer Calibration Testing Manager, International Branch, ANM–116, • Mail: Docket Management Facility,
and FDR Readout Transport Airplane Directorate, FAA, is U.S. Department of Transportation, 400
(b) Repeat the calibration and noise check authorized to approve alternative methods of Seventh Street SW, Nassif Building,
of the potentiometers and obtain a readout of compliance for this AD. room PL–401, Washington, DC 20590.

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