[Federal Register: January 5, 2004 (Volume 69, Number 2)]
[Proposed Rules]
[Page 284-287]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja04-17]
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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: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain EMBRAER Model EMB-135 and
-145 series airplanes. This proposal would require repetitive
inspections for cracks, ruptures, or bends in certain components of the
elevator control system, and replacement of discrepant components. This
proposal also would require eventual modification of the elevator gust
lock system to replace the mechanical system with an electromechanical
system, which would terminate the repetitive inspections. 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 February 4, 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), 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.
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:
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:
[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 proposed
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 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.
[[Page 285]]
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
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 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. These cracks
have been attributed to damage from strong wind gusts on the ground.
Such cracking, 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 Relevant Service Information
EMBRAER has issued Service Bulletin 145-27-0087, Change 03, dated
September 27, 2002, which describes procedures for repetitive detailed
inspections for cracks, ruptures, or bends in components of the
elevator control system. Components subject to inspection include the
limiter tubes, bellcrank assemblies, elevator control rod assemblies,
quadrant bellcrank assemblies, quadrant support, stop plates, elevator
primary backstops, spring tab backstops, elevator surface near the
hinge points and spring tab fairings, servo tab fail-safe actuation
link, spring tab attachment link, and various components of the gust
lock mechanism. If any discrepancy is found, the service bulletin
specifies to replace the discrepant part with a new part.
EMBRAER has also issued Service Bulletin 145-27-0075, Change 06,
dated July 16, 2002. Parts I and II of that service bulletin apply to
airplanes in various configurations and describe procedures for
replacing the mechanical gust lock system with an electromechanical
gust lock system. Specific procedures include replacing the control
stand with a reworked control stand; installing a support for the
reworked control stand that has a return spring system; adjusting the
thrust lever resolver and microswitch contact point; reworking the
forward elevator torque tube by installing a cam, support, and
microswitch, as applicable; installing the spring pin position
indicating mechanism and the spring cartridge assembly (including
performing a detailed inspection of the area of the spring cartridge
assembly to ensure that certain parts have been removed previously), as
applicable; installing a gust lock alerting indication system; and
accomplishing electrical connections. Part III of that service bulletin
applies to airplanes modified per a previous revision of service
bulletin 145-27-0075, and describes procedures for replacing the return
spring and spring terminal of the gust lock control lever with improved
parts.
EMBRAER has also issued Service Bulletin 145-27-0086, Change 01,
dated July 3, 2002, which describes procedures for replacing the
mechanical gust lock system with an electromechanical gust lock system.
Part I of that service bulletin describes procedures for reworking the
tail carbon box, installing the gust lock cartridge pin supports,
performing an ultrasonic inspection to detect delaminations of the tail
carbon box, making certain measurements using a feeler gauge and making
consequent necessary adjustments, installing certain bushings,
reworking horizontal stabilizer channels, installing wire supports, and
reidentifying the horizontal stabilizer. Part II of that service
bulletin describes procedures for installing wiring for the
electromechanical gust lock system. Part IV of that service bulletin
describes procedures for installing and activating the
electromechanical gust lock system, including replacing the existing
control stand with a control stand reworked per instructions in Part
III of the service bulletin, installing a control stand support that
has a return spring system, reworking the forward elevator torque tube,
installing cartridge spring pins and a position-indicating mechanism at
the horizontal stabilizer, and installing a gust lock alerting
indication system. (The rework instructions in Part III of the service
bulletin refer to EMBRAER Service Bulletin 145-22-0007 as an additional
source of service information for accomplishment of the rework.)
Accomplishment of the actions specified in the applicable service
bulletins is intended to adequately address the identified unsafe
condition. The DAC classified this service bulletin as mandatory and
issued Brazilian airworthiness directive 2002-01-01R3, dated November
8, 2002, 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
section 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 Proposed 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, the proposed AD would require accomplishment of
the actions specified in the applicable service bulletins described
previously, except as discussed below.
Differences Between Proposed AD and Service Information
EMBRAER Service Bulletin 145-27-0087, Change 03, specifies to
return discrepant parts and report inspection results to the
manufacturer. The proposed AD would not require these actions.
Figure 14 of the Accomplishment Instructions of EMBRAER Service
Bulletin 145-27-0075, Change 06, which is referenced in the
Accomplishment Instructions of that service bulletin, refers to a
detailed inspection in the area of the spring cartridge assembly to
ensure that certain parts have been removed previously per EMBRAER
Service Bulletin 145-27-0076. The service bulletin does not specify the
corrective actions that are necessary if any of these parts are
installed. Thus, this proposed AD specifies that, if any parts are
found in the area of the spring cartridge assembly that should have
been removed per EMBRAER Service Bulletin 145-27-0076, those parts must
be removed before further flight.
Similarly, Part I of the Accomplishment Instructions of EMBRAER
Service Bulletin 145-27-0086, Change 01, refers to an ultrasonic
inspection to detect delaminations of the tail carbon box. However,
that service bulletin contains no instructions for corrective action if
any delamination is found that is outside the limits specified in the
service bulletin. Thus, this proposed AD specifies that any
delamination outside the limits specified in the service bulletin must
be
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repaired per a method approved by either the FAA or the DAC (or its
delegated agent).
Clarification of Requirements of Proposed AD
Where Parts I and II of the Accomplishment Instructions of EMBRAER
Service Bulletin 145-27-0075, Change 06, and Part IV of the
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0086,
Change 01, specify to remove and ``send the control stand to be
reworked in a workshop,'' this proposed AD specifies to replace the
control stand with a control stand reworked as specified in the
applicable service bulletin.
Cost Impact
The FAA estimates 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 is $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 01, it would take approximately 120 work hours to accomplish the
proposed modification in that service bulletin, at an average labor
rate is $65 per work hour. Required parts would cost up to $22,708 per
airplane. Based on these figures, the cost impact of this proposed
action is estimated to be $30,508 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.
(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
[[Page 287]]
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 01, dated July 3, 2002: Do paragraphs (c)(2)(i),
(c)(2)(ii), and (c)(2)(iii) of this AD.
(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) of the Accomplishment Instructions of
the service bulletin. 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) of the Accomplishment
Instructions of the service bulletin.
(iii) Install and activate the electromechanical gust lock
system by doing all actions in section 3.D. (Part IV) of the
Accomplishment Instructions of the service bulletin. Where Part IV
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 of the service bulletin.
Note 2: Part III of the Accomplishment Instructions of EMBRAER
Service Bulletin 145-27-0086, Change 01, refers to EMBRAER Service
Bulletin 145-22-0007 as an additional source of instructions for
accomplishing the rework of the control stand.
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 3: The subject of this AD is addressed in Brazilian
airworthiness directive 2002-01-01R3, dated November 8, 2002.
Issued in Renton, Washington, on December 29, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-48 Filed 1-2-04; 8:45 am]
BILLING CODE 4910-13-P