[Federal Register: September 22, 2004 (Volume 69, Number 183)]
[Proposed Rules]
[Page 56735-56738]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se04-22]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-89-AD]
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: Supplemental notice of proposed rulemaking; reopening of
comment period.
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SUMMARY: This document revises an earlier proposed airworthiness
directive
[[Page 56736]]
(AD), applicable to certain EMBRAER Model EMB-135 and -145 series
airplanes. That AD would have required repetitive inspections for
cracks, ruptures, or bends in certain components of the elevator
control system, and replacement of discrepant components. This proposal
also would have required eventual modification of the elevator gust
lock system to replace the mechanical system with an electromechanical
system, which would terminate the repetitive inspections. This new
action revises the proposed rule by adding requirements for installing
a new spring cartridge and implementing new logic for the
electromechanical gust lock system. This action is necessary to prevent
discrepancies in the elevator control system, which could result in
reduced control of the elevator and consequent reduced controllability
of the airplane. This action is intended to address the identified
unsafe condition.
DATES: Comments must be received by October 18, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-89-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-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-89-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 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), PO 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.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed 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 above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
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.
For each issue, state what specific change to the proposed
AD is being requested.
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 proposed 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 summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-89-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2002-NM-89-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an airworthiness directive (AD), applicable to
certain EMBRAER Model EMB-135 and -145 series airplanes, was published
as a notice of proposed rulemaking (NPRM) in the Federal Register on
January 5, 2004 (69 FR 284). That NPRM would have required repetitive
inspections for cracks, ruptures, or bends in certain components of the
elevator control system, and replacement of discrepant components. That
NPRM also would have required eventual modification of the elevator
gust lock system to replace the mechanical system with an
electromechanical system, which would terminate the repetitive
inspections. That NPRM was prompted by a report that cracks have been
found in certain components of the elevator control system in the
horizontal stabilizer area of several airplanes equipped with a
mechanical gust lock system. That condition, if not corrected, could
result in discrepancies in the elevator control system, which could
result in reduced control of the elevator and consequent reduced
controllability of the airplane.
Explanation of New Relevant Service Information
Since the preparation of the original NPRM, EMBRAER has issued
Service Bulletin 145-27-0086, Change 02, dated December 23, 2003.
Paragraph (c)(2) of the original NPRM refers to Change 01 of that
service bulletin, dated July 3, 2002, as the appropriate source of
service information for several actions associated with replacing the
mechanical gust lock system with a new electromechanical gust lock
system. Part V of Change 02 of that service bulletin describes
additional procedures for installing a new spring cartridge and
implementing new logic for the electromechanical gust lock system.
Change 02 of the service bulletin refers to EMBRAER Service Bulletins
145-27-0101 and 145-27-0102, both dated December 23, 2003, as
additional sources of service information for the accomplishment of
those actions. The FAA finds that accomplishing these actions will
preclude the possibility of components of the spring cartridges
unscrewing and allowing the gust lock system to unlock when it is
supposed to be locked. Thus, we have added a new paragraph (c)(2)(iv)
to this supplemental NPRM.
In addition, EMBRAER has added Parts VI, VII, VIII, and IX to the
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0086,
Change 02. These sections apply to airplanes under Joint Airworthiness
Authority (JAA) certification and provide procedures similar to those
in Parts I, II, III, and IV of the service bulletin. We have revised
paragraphs (c)(2)(i), (c)(2)(ii), and (c)(2)(iii) of this supplemental
NPRM to include appropriate references to Parts VI, VII, VIII, and IX
of the service bulletin.
[[Page 56737]]
Conclusion
Since these changes expand the scope of the originally proposed
rule, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for public comment.
Explanation of the FAA's Determination
The Departmento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, approved EMBRAER Service Bulletin 145-27-0086,
Change 02, but, at this time, does not intend to revise Brazilian
airworthiness directive 2002-01-01R3, dated November 8, 2002 (which the
original NPRM references as the Brazilian airworthiness directive that
parallels the original NPRM). The DAC does not consider it necessary to
revise Brazilian airworthiness directive 2002-01-01R3 because that
airworthiness directive refers to EMBRAER Service Bulletin 145-27-0086,
Revision 1, or further approved revisions, as the acceptable source of
service information for certain actions in that airworthiness
directive. However, as stated above, we have determined that it is
necessary to issue a supplemental NPRM and reopen the comment period to
provide additional opportunity for public comment. We have coordinated
this issue with the DAC; the DAC does not object to our action.
Cost Impact
We estimate that 300 airplanes of U.S. registry would be affected
by this proposed AD.
It would take approximately 1 work hour per airplane, per
inspection cycle, to accomplish the proposed inspection, at an average
labor rate of $65 per work hour. Based on these figures, the cost
impact of the proposed AD on U.S. operators is estimated to be $19,500,
or $65 per airplane, per inspection cycle.
For airplanes subject to EMBRAER Service Bulletin 145-27-0075,
Change 06, it would take up to 55 work hours to accomplish the proposed
modification in that service bulletin, at an average labor rate of $65
per work hour. Required parts would cost up to $9,554 per airplane.
Based on these figures, the cost impact of this proposed action is
estimated to be up to $13,129 per airplane.
For airplanes subject to EMBRAER Service Bulletin 145-27-0086,
Change 02, it would take approximately 133 work hours to accomplish the
proposed modification in that service bulletin, at an average labor
rate of $65 per work hour. Required parts would cost up to $23,164 per
airplane. Based on these figures, the cost impact of this proposed
action is estimated to be $31,809 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the proposed 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.
Regulatory Impact
The regulations proposed herein would 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 proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting 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.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket 2002-NM-89-
AD.
Applicability: Model EMB-135 and EMB-145 series airplanes,
certificated in any category; serial numbers 145001 through 145189
inclusive, 145191 through 145362 inclusive, 145364 through 145373
inclusive, 145375, 145377 through 145411 inclusive, 145413 through
145424 inclusive, 145426 through 145430 inclusive, 145434 through
145436 inclusive, 145440 through 145445 inclusive, 145448, 145450,
and 145801; equipped with a mechanical gust lock system.
Compliance: Required as indicated, unless accomplished
previously.
To prevent discrepancies in the elevator control system, which
could result in reduced control of the elevator and consequent
reduced controllability of the airplane, accomplish the following:
Repetitive Inspections
(a) Within 800 flight hours after the effective date of this AD,
do a detailed inspection of the elevator control system for any
crack, rupture, or bend in any component, per the Accomplishment
Instructions of EMBRAER Service Bulletin 145-27-0087, Change 03,
dated September 27, 2002. Where this service bulletin specifies to
return discrepant parts and report inspection results to the
manufacturer, this AD does not require these actions. Repeat the
inspection thereafter at intervals not to exceed 2,500 flight hours
or 15 months, whichever is first.
Note 1: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''
Replacement of Discrepant Parts
(b) If any discrepant part is found during any inspection
required by paragraph (a) of this AD, before further flight, replace
the discrepant part with a new part having the same part number, per
the Accomplishment Instructions of EMBRAER Service Bulletin 145-27-
0087, Change 03, dated September 27, 2002.
Modification
(c) Within 10,000 flight hours or 60 months after the effective
date of this AD, whichever is first, modify the elevator gust lock
by accomplishing paragraph (c)(1) or (c)(2) of this AD, as
applicable. This modification terminates the repetitive inspections
required by paragraph (a) of this AD.
(1) For airplanes listed in EMBRAER Service Bulletin 145-27-
0075, Change 06, dated July 16, 2002: Do paragraph (c)(1)(i) or
(c)(1)(ii) of this AD, as applicable.
[[Page 56738]]
(i) Replace the mechanical gust lock system with an
electromechanical gust lock system, and replace the control stand
with a reworked control stand, by doing all the actions (including a
detailed inspection to ensure that certain parts have been removed
previously per EMBRAER Service Bulletin 145-27-0076) in and per
section 3.A. (Part I) or 3.B. (Part II) of the Accomplishment
Instructions of the service bulletin, as applicable. If the
inspection reveals that certain subject parts have not been removed
previously, before further flight, remove the subject parts per the
service bulletin. Where Parts I and II of the Accomplishment
Instructions of the service bulletin specify to remove and ``send
the control stand to be reworked in a workshop,'' replace the
control stand with a control stand reworked as specified in the
service bulletin.
(ii) Replace the return spring and spring terminal of the gust
lock control lever with improved parts by doing all the actions in
and per section 3.C. (Part III) of the Accomplishment Instructions
of the service bulletin.
(2) For airplanes listed in EMBRAER Service Bulletin 145-27-
0086, Change 02, dated December 23, 2003: Do paragraphs (c)(2)(i),
(c)(2)(ii), (c)(2)(iii), and (c)(2)(iv) of this AD, as applicable.
(i) Rework the tail carbon box and the horizontal stabilizer by
doing all the actions (including the inspection for delamination) in
and per section 3.A. (Part I) or 3.F. (Part VI) of the
Accomplishment Instructions of the service bulletin, as applicable.
If any delamination is found that is outside the limits specified in
the service bulletin, before further flight, repair per a method
approved by either the FAA or the Departmento de Aviacao Civil (or
its delegated agent).
(ii) Install wiring and electrical components by doing all the
actions in and per section 3.B. (Part II) or 3.G. (Part VII) of the
Accomplishment Instructions of the service bulletin, as applicable.
(iii) Install and activate the electromechanical gust lock
system by doing all actions in section 3.D. (Part IV) or 3.I. (Part
IX) of the Accomplishment Instructions of the service bulletin, as
applicable. Where Part IV or IX of the Accomplishment Instructions
of the service bulletin specifies to remove and ``send the control
stand to be reworked in a workshop,'' replace the control stand with
a control stand reworked as specified in Part III or Part VIII of
the service bulletin, as applicable.
(iv) Install a new spring cartridge and implement new logic for
the electromechanical gust lock system by doing all actions in
section 3.E. (Part V) of the Accomplishment Instructions of the
service bulletin, as applicable.
Note 2: Part III and Part VIII of the Accomplishment
Instructions of EMBRAER Service Bulletin 145-27-0086, Change 02,
refer to EMBRAER Service Bulletin 145-22-0007 as an additional
source of instructions for accomplishing the rework of the control
stand.
Note 3: Part V of the Accomplishment Instructions of EMBRAER
Service Bulletin 145-27-0086, Change 02, refers to EMBRAER Service
Bulletins 145-27-0101 and 145-27-0102, both dated December 23, 2003,
as additional sources of instructions for accomplishing the
installation of a new spring cartridge and implementation of the new
logic for the electromechanical gust lock system.
Alternative Methods of Compliance
(d) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized
to approve alternative methods of compliance for this AD.
Note 4: The subject of this AD is addressed in Brazilian
airworthiness directive 2002-01-01R3, dated November 8, 2002.
Issued in Renton, Washington, on September 15, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-21273 Filed 9-21-04; 8:45 am]
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