[Federal Register: April 29, 2003 (Volume 68, Number 82)]
[Rules and Regulations]
[Page 22585-22587]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap03-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-64-AD; Amendment 39-13132; AD 2003-09-03]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 and-145 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to certain EMBRAER Model EMB-135 and -145 series
airplanes. This action requires repetitive inspections of the spring
cartridges of the elevator gust lock system to determine if the lock
washer projection correctly fits the slots in the cartridge flange, and
corrective action if necessary. This action also provides for optional
terminating action for certain airplanes. This action is necessary to
prevent the elevator from jamming due to the spring cartridges
unscrewing in the gust lock system, which could result in reduced
controllability of the airplane. This action is intended to address the
identified unsafe condition.
DATES: Effective May 14, 2003.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 14, 2003.
Comments for inclusion in the Rules Docket must be received on or
before May 29, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2003-NM-64-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-iarcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2003-NM-64-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 for Windows or
ASCII text.
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 FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: The Departmento de Aviacao Civil (DAC),
which is the airworthiness authority for Brazil, notified the FAA that
an unsafe condition may exist on certain EMBRAER Model EMB-135 and -145
series airplanes. The DAC advises that there have been several cases
involving the clevis unscrewing from the spring cartridge assembly of
the electromechanical gust lock system on the elevator. Investigation
revealed that the lock washer that prevents the clevis from becoming
unscrewed did not properly fit the slots in the cartridge flange. This
condition, if not corrected, could result in a jammed elevator and
consequent reduced controllability of the airplane.
Explanation of Relevant Service Information
The manufacturer has issued EMBRAER Service Bulletins 145LEG-27-
0006 (for Model EMB-135BJ series airplanes) and 145-27-0098 (for other
Model EMB-135 series airplanes and Model EMB-145 series airplanes). The
service bulletins are dated December 9, 2002, and describe procedures
for:
[sbull] Repetitive visual inspections of the spring cartridges of
the elevator gust lock system to determine if the lock washer
projection correctly fits the slots in the cartridge flange.
[sbull] Replacement of discrepant spring cartridges with new parts
having the same part number.
[sbull] Optional removal of the spring cartridges on airplanes
equipped with provisions for installing the gust lock system, which
would eliminate the need for the repetitive inspections.
Accomplishment of the actions specified in the service bulletins is
intended to adequately address the identified unsafe condition. The DAC
classified these service bulletins as mandatory and issued Brazilian
airworthiness directive 2003-01-03, dated February 10, 2003, to ensure
the continued airworthiness of these airplanes in Brazil.
FAA's Conclusions
These airplane models are manufactured in Brazil and are type
certificated for operation in the United States under the provisions of
Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DAC has kept the FAA informed of
the situation described above. The FAA has examined the findings of the
DAC, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Explanation of Requirements of Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, this AD is being issued to prevent the elevator
from jamming due to the spring cartridges unscrewing in the gust lock
system, which could result in reduced controllability of the airplane.
This AD requires accomplishment of the actions specified in the service
bulletins described previously, except that the inspection report
recommended in the service bulletins is not required by this AD.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that
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supports the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of the AD action and determining whether
additional rulemaking action would be needed.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the AD is
being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2003-NM-64-AD.'' The postcard will be date stamped and
returned to the commenter.
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.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, 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:
2003-09-03 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-13132. Docket 2003-NM-64-AD.
Applicability: Model EMB-135 and -145 series airplanes,
certificated in any category; having spring cartridges part number
KPD2611 installed in the elevator gust lock system.
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 (c) 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 within 30 days before the effective date of this AD.
To prevent the elevator from jamming due to the spring
cartridges unscrewing in the gust lock system, which could result in
reduced controllability of the airplane, accomplish the following:
Inspection
(a) For Model EMB-135BJ series airplanes: Within 30 days after
the effective date of this AD, perform a general visual inspection
of each spring cartridge of the elevator gust lock system to
determine if the lock washer projection correctly fits the slots in
the cartridge flange, in accordance with EMBRAER Service Bulletin
145LEG-27-0006, dated December 9, 2002. Before further flight,
replace any discrepant spring cartridge with a new part having the
same part number, in accordance with the service bulletin. Repeat
the inspection at least every 800 flight hours. Although the service
bulletin recommends that operators report inspection results to
EMBRAER, this AD does not require such a report.
Note 2: For the purposes of this AD, a general visual inspection
is defined as: ``A visual examination of an interior or exterior
area, installation, or assembly to detect obvious damage, failure,
or irregularity. This level of inspection is made from within
touching distance unless otherwise specified. A mirror may be
necessary to enhance visual access to all exposed surfaces in the
inspection area. This level of inspection is made under normally
available lighting conditions such as daylight, hangar lighting,
flashlight, or droplight and may require removal or opening of
access panels or doors. Stands, ladders, or platforms may be
required to gain proximity to the area being checked.''
(b) For airplanes not identified in paragraph (a) of this AD: At
the applicable time specified in paragraph (b)(1) or (b)(2) of this
AD, perform a general visual inspection of each spring cartridge of
the elevator gust lock system to determine if the lock washer
projection correctly fits the slots in the cartridge flange, in
accordance with EMBRAER Service Bulletin 145-27-0098, dated December
9, 2002. Repeat the inspection at least every 800 flight hours after
the initial inspection. Although the service bulletin recommends
that operators report inspection results to EMBRAER, this AD does
not require such a report.
(1) For airplanes equipped with an operational electromechanical
gust lock system on the elevator: Inspect within 30 days after the
effective date of this AD, in accordance with PART I of the service
bulletin. Before further flight, replace any discrepant spring
cartridge with a new part having the same part number, in accordance
with PART I of the service bulletin.
(2) For airplanes that are not equipped with an operational
electromechanical gust lock system on the elevator, but that are
equipped with provisions for the system: Inspect within 60 days
after the effective date of this AD, in accordance with PART II of
the service bulletin. Before further flight, replace any discrepant
spring cartridge with a new part having the same part number, in
accordance with PART II of the service bulletin. Alternatively,
removal of the spring cartridges terminates the repetitive
inspection requirement of this AD during the time the cartridges are
removed.
Alternative Methods of Compliance
(c) 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, International Branch, ANM-116,
Transport Airplane Directorate, FAA. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager, International
Branch, ANM-116.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
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obtained from the International Branch, ANM-116.
Special Flight Permits
(d) Special flight permits may be issued in accordance with
Sec. Sec. 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.
Incorporation by Reference
(e) The actions shall be done in accordance with EMBRAER Service
Bulletin 145-27-0098, dated December 9, 2002; or EMBRAER Service
Bulletin 145LEG-27-0006, dated December 9, 2002; as applicable. This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. 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
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
Note 4: The subject of this AD is addressed in Brazilian
airworthiness directive 2003-01-03, dated February 10, 2003.
Effective Date
(f) This amendment becomes effective on May 14, 2003.
Issued in Renton, Washington, on April 21, 2003.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-10236 Filed 4-28-03; 8:45 am]
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