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 Model EMB-120 series airplanes was published in the Federal Register on March 27, 1998 (63 FR 14855). That action proposed to require a one-time inspection for delamination, erosion, and condition of fillet sealant and conductive edge sealer of the wing and empennage leading edge area behind the de-ice boots, and follow-on corrective actions.
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.
Two commenters support issuance of the rule as proposed.
Request to Cite Original Service Bulletin
One commenter requests that the proposed AD add the original issue of EMBRAER Alert Service Bulletin 120-51-A004, dated September 13, 1997, as an approved method to comply with the required inspection specified in paragraph (a) of the proposed AD. The commenter indicates that it has completed the inspection; however, the inspection was accomplished in accordance with the original issue of the alert service bulletin, rather than Change 01, which is referenced in the proposed AD as the appropriate source of service information. The commenter states that the differences between the two versions of the alert service bulletin are not sufficient to warrant accomplishment of the inspection a second time on its fleet of Model EMB-120 series airplanes.
The FAA does not concur with the commenter s request. The manufacturer advises that operators that have accomplished the inspections in accordance with the original issue of EMBRAER Alert Service Bulletin 120-51-A004, dated September 13, 1997, will need to accomplish additional work, as described in Change 01 of the alert service bulletin. While the FAA concurs that the inspection procedures did not change significantlybetween the original issue and Change 01 of the alert service bulletin, the FAA has determined that Change 01 should be accomplished as it better addresses inspection requirements and repair procedures; therefore, no change to the final rule is necessary. (Part II of the alert service bulletin adds procedures for application of conductive edge sealer over the anti-static paint.) However, under the provisions of paragraph (c) of the final rule, the FAA may approve requests for an alternative method of compliance if sufficient data are submitted to substantiate that such a method would provide an acceptable level of safety.
Issuance of Change 2 of the Alert Service Bulletin
Another commenter, the manufacturer, advises that it soon will publish Change 2 of EMBRAER Alert Service Bulletin 120-51-A004. The FAA notes this, and advises that it may consider further rulemaking once it has reviewed the revision to the alert service bulletin. However, the FAA does not consider it appropriate to delay issuance of this final rule, which requires accomplishment of actions in accordance with Change 01 of the alert service bulletin.
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 the adoption of the rule as proposed.
Cost Impact
The FAA estimates that 240 airplanes of U.S. registry will be affected by this AD, that it will take approximately 2 work hours per airplane to accomplish the required inspection, and that the average labor rate is $60 per work hour. Based on these figures, the cost impact of the inspection required by this AD on U.S. operators is estimated to be $28,800, or $120 per airplane.
The cost impact figure discussed above is 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.
RegulatoryImpact
The regulations adopted herein will not have substantial direct effects 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, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
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
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.
39.13 [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: