# AD 98-13-29: AFM - Limitation Section - Power Levers - Type: Airworthiness directive - Status: Current - Products: Embraer - Empresa Brasileira de Aeronautica EMB-120, EMB-120ER and EMB-120RT - Effective: July 29, 1998 - Published: June 24, 1998, 63 FR 34269–34271 - Issued as: Final rule - Superseded by: Nothing supersedes this AD - Product type: Aircraft, Large airplane - Amendment: 39-10620 - Docket: 97-NM-304-AD - Registered aircraft: 41 may be affected, by airframe or engine model (OpenAirDocs) - Official PDF: https://openairdocs.org/files/sha256/b2/56/b256ac6c5ea74bd3e8aa4037e911f25b1ff766574566d8742767801b62c3d308 (from https://www.govinfo.gov/content/pkg/FR-1998-06-24/pdf/98-16492.pdf) - Federal Register: https://www.federalregister.gov/documents/1998/06/24/98-16492/airworthiness-directives-empresa-brasileira-de-aeronautica-sa-embraer-model-emb-120-series-airplanes - FAA DRS: https://drs.faa.gov/browse/excelExternalWindow/EEED86AD44618B6F86256A240058124E.0001 - DRS record last changed: May 30, 2024 - Page: https://openairdocs.org/ad/98-13-29 ## 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 (AFM) to prohibit positioning the power levers below the flight idle stop. This amendment is prompted by incidents and accidents involving airplanes equipped with turboprop engines in which the ground propeller beta range was used improperly during flight. The actions specified by this AD are intended to prevent loss of airplane controllability or engine overspeed with consequent loss of engine power caused by the power levers being positioned below the flight idle stop while the airplane is in flight. ## The airworthiness directive 98-13-29 EMPRESA BRASILEIRA DE AERONAUTICA S.A. (EMBRAER): Amendment 39-10620. Docket 97-NM-304-AD. Applicability: All Model EMB-120 series airplanes, 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 (b) 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 loss of airplane controllability or engine overspeed with consequent loss of engine power caused by the power levers being positioned below the flight idle stop while the airplane is in flight, accomplish the following: (a) Within 30 days after the effective date of this AD, revise the Limitations Section of the FAA-approved Airplane Flight Manual (AFM) to include the following statements. This action may be accomplished by inserting a copy of this AD into the AFM. "Positioning of power levers below the flight idle stop in flight is prohibited. Such positioning may result in an engine overspeed condition with consequent loss of engine and potential excessive asymmetric propeller drag reducing aircraft controllability." (b) 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 (ACO). Operators shall submit their requests through an appropriate FAA Principal Operations 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. (c) 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. (d) This amendment becomes effective on July 29, 1998. ## Rule preamble ### 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 Model EMB-120 series airplanes was published in the Federal Register on April 27, 1998 (63 FR 20550). That action proposed to require revising the Limitations Section of the Airplane Flight Manual (AFM) to prohibit the positioning of the power levers below the flight idle stop while the airplane is in flight, and to add a statement of the consequences of positioning the power levers below the flight idle stop while the airplane is in flight. Comments Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were submitted in response to the proposal or the FAA's determination of the cost to the public. Conclusion The FAA has determined that air safety and the public interest require the adoption of the rule as proposed. Interim ActionThis is considered interim action until final action is identified, at which time the FAA may consider further rulemaking. Cost Impact The FAA estimates that 235 EMBRAER Model EMB-120 series airplanes of U.S. registry will be affected by this AD, that it will take approximately 1 work hour per airplane to accomplish the required actions, and that the average labor rate is $60 per work hour. Based on these figures, the cost impact of the AD on U.S. operators is estimated to be $14,100, or $60 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. Regulatory Impact 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 thevarious 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, 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: ## Affected data sheets (1) (OpenAirDocs) The type certificate data sheets whose models the AD names. - [TCDS A31SO](https://openairdocs.org/tcds/A31SO): Embraer S.A.; names 3 of 5 models: EMB-120ER, EMB-120, EMB-120RT ## Registered aircraft it may apply to (OpenAirDocs) Matched by airframe and engine model; the AD's applicability may narrow it by serial number, part number or equipment. - Aircraft: 41 (41 by airframe model, 0 by engine model) - Makers: Embraer 41 Models with the most aircraft: - [Embraer EMB-120ER](https://openairdocs.org/model/embraer-emb-120er): 38 aircraft (airframe model) - [Embraer EMB-120](https://openairdocs.org/model/embraer-emb-120): 3 aircraft (airframe model) All 2 models: https://openairdocs.org/ad/98-13-29/models.md Every aircraft: https://openairdocs.org/ad/98-13-29/aircraft.md ## Related documents - [Proposed rule 97-NM-304-AD](https://openairdocs.org/proposed/97-NM-304-AD): Notice of proposed rulemaking (NPRM), published Apr 27, 1998 Its text cites no advisory circulars or STCs. --- OpenAirDocs.org is an independent research project of [Contrail Labs](https://contraillabs.com/). It is not affiliated with the FAA or the NTSB. Source documents are U.S. government works in the public domain.