[Federal Register: August 8, 2005 (Volume 70, Number 151)]
[Proposed Rules]
[Page 45590-45592]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au05-25]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22033; Directorate Identifier 2004-NM-218-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 Airplanes and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain EMBRAER Model EMB-135 airplanes
and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP
airplanes. The existing AD currently 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. The existing AD also
provides for interim optional terminating action for the repetitive
inspections for certain airplanes. This proposed AD would retain the
requirements of the existing AD, and provide for final terminating
action for all affected airplanes. This proposed AD is prompted by
reports of an improperly fitting lock washer causing the clevis of the
spring cartridge in the electromechanical elevator gust lock system to
become unscrewed. We are proposing this AD to prevent unscrewing of the
spring cartridge clevis from jamming the elevator, which could lead to
reduced controllability of the airplane.
DATES: We must receive comments on this proposed AD by September 7,
2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web Site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide Rulemaking Web Site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP
12.225, Sao Jose dos Campos--SP, Brazil.
You can examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or in person at the Docket Management Facility,
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401,
on the plaza level of the Nassif Building, Washington, DC. This docket
number is FAA-2005-22033; the directorate identifier for this docket is
2004-NM-218-AD.
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
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-22033;
Directorate Identifier 2004-NM-218-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of our
docket Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You can review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit http://dms.dot.gov.
Examining the Docket
You can examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the DMS receives them.
Discussion
On April 21, 2003, we issued AD 2003-09-03, amendment 39-13132 (68
FR 22585, dated April 29, 2003), for certain EMBRAER Model EMB-135
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes. That AD 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. That AD also provides for
interim optional terminating action for the repetitive inspections for
certain airplanes. That AD was prompted by reports of spring cartridges
unscrewing in the electromechanical gust lock system. We issued that 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.
Action Since Existing AD Was Issued
Since we issued AD 2003-09-03, the Departmento de Aviacao Civil
(DAC), which is the airworthiness authority for Brazil, issued
Brazilian airworthiness directive 2003-01-03R1, dated July 26, 2004, to
mandate replacing the existing spring cartridges with improved spring
cartridges having a new part number.
Relevant Service Information
EMBRAER has issued Service Bulletin 145LEG-27-0012, Revision 01,
dated April 12, 2004 (for Model EMB-135BJ airplanes); and Service
Bulletin 145-27-0102, Revision 02, dated January 20, 2005 (for Model
EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes). The service bulletins describe
procedures for replacing the
[[Page 45591]]
existing spring cartridges of the electromechanical elevator gust lock
system with improved spring cartridges having a new part number, which
would end the repetitive inspections of the spring cartridges.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The DAC mandated
the service information and issued Brazilian airworthiness directive
2003-01-03R1, dated July 26, 2004, to ensure the continued
airworthiness of these airplanes in Brazil.
Other Relevant Rulemaking
Accomplishing EMBRAER Service Bulletin 145-27-0102 eliminates the
need to accomplish certain actions specified in EMBRAER Service
Bulletins 145-27-0086, Revision 04, dated March 21, 2005; and 145-27-
0075, Revision 08, dated March 3, 2005. Those service bulletins are
specified in notice of proposed rulemaking 2002-NM-89-AD (69 FR 56735;
September 22, 2004) as applicable to certain airplanes.
FAA's Determination and Requirements of the Proposed AD
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. We have examined the DAC's findings,
evaluated all pertinent information, and determined that AD action is
necessary for airplanes of this type design that are certificated for
operation in the United States.
This proposed AD would supersede AD 2003-09-03. This proposed AD
would retain certain requirements of the existing AD and would also add
a procedure for replacing the existing spring cartridges with improved
spring cartridges having a new part number, which would provide for
final terminating action for the repetitive inspections.
Therefore, we are proposing this AD, which would require
accomplishing the actions specified in the service information
described previously.
Change to Existing AD
This proposed AD would retain certain requirements of AD 2003-09-
03. Since AD 2003-09-03 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:
Revised Paragraph Identifiers
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Corresponding requirement in
Requirement in AD 2003-09-03 this proposed AD
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Paragraph (a)............................. paragraph (f).
Paragraph (b)............................. paragraph (g).
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Costs of Compliance
This proposed AD would affect about 380 airplanes of U.S. registry.
The average labor rate is estimated to be $65 per work hour.
The inspections required by AD 2003-09-03 that are retained in this
proposed AD take about 1 work hour per airplane. Based on these
figures, the estimated cost of the required inspections is $24,700, or
$65 per airplane, per inspection cycle.
The new proposed actions would take about 3 work hours per
airplane. Required parts would cost about $79 per cartridge (2 per
airplane). Based on these figures, the estimated cost of the new
actions specified in this proposed AD for U.S. operators is $134,140,
or $353 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD 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.
For the reasons discussed above, I certify that the 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. 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD. See the ADDRESSES section for a location
to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by removing amendment 39-13132 (68 FR
22585, April 29, 2003), and adding the following new airworthiness
directive (AD):
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-22033; Directorate Identifier 2004-NM-218-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by September 7, 2005.
Affected ADs
(b)(1) This AD supersedes AD 2003-09-03, amendment 39-13132.
(2) Certain actions required by this AD are affected by FAA
rulemaking docket number 2002-NM-89-AD (69 FR 56735, September 22,
2004).
Applicability: (c) This AD applies to EMBRAER Model EMB-135BJ, -
135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, and -145LR
airplanes; certificated in any category; having spring cartridges
part number KPD2611 installed in the elevator gust lock system.
Unsafe Condition
(d) This AD was prompted by reports of an improperly fitting
lock washer causing the clevis of the spring cartridge in the
[[Page 45592]]
electromechanical gust lock system to become unscrewed. We are
proposing this AD to prevent unscrewing of the spring cartridge
clevis from jamming the elevator, which could lead to reduced
controllability of the airplane.
Compliance: (e) You are responsible for having the actions
required by this AD performed within the compliance times specified,
unless the actions have already been done.
Restatement of Requirements of AD 2003-09-03
Inspection
(f) For Model EMB-135BJ airplanes: Within 30 days after May 14,
2003 (the effective date of AD 2003-09-03), 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; or
replace the spring cartridge, part number (P/N) KDP2611, with a new,
improved spring cartridge, P/N KDP4235, as specified in paragraph
(h) of this AD. After the effective date of this AD, only the
replacement specified in paragraph (h) may be accomplished. Repeat
the inspection at intervals not to exceed 800 flight hours until the
replacement of the spring cartridge is accomplished as required by
paragraph (h). Although the service bulletin recommends that
operators report inspection results to EMBRAER, this AD does not
require such a report.
Note 1: For the purposes of this AD, a general visual inspection
is: ``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
ensure visual access to all 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.''
(g) For airplanes not identified in paragraph (f) of this AD: At
the applicable time specified in paragraph (g)(1) or (g)(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 intervals not to exceed 800 flight
hours after the initial inspection until the replacement of the
spring cartridge, P/N KDP2611, with a new, improved spring
cartridge, P/N KDP4235, is done as specified in paragraph (h) of
this AD. 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 May
14, 2003, 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; or do the replacement specified in paragraph (h)
of this AD. After the effective date of this AD, only the
replacement specified in paragraph (h) may be accomplished.
(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 May 14, 2003, 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; or do the replacement
specified in paragraph (h) of this AD. After the effective date of
this AD, only the replacement specified in paragraph (h) may be
accomplished. Alternatively, removal of the spring cartridges
terminates the repetitive inspection requirement of this AD during
the time the cartridges are removed.
New Requirements of This AD
Replacement of Spring Cartridge
(h) Within 5,500 flight hours or 36 months after the effective
date of this AD, whichever comes first, replace the spring
cartridge, P/N KPD2611, with a new, improved spring cartridge, P/N
KDP4235, in accordance with the Accomplishment Instructions of
EMBRAER Service Bulletin 145LEG-27-0012, Revision 01, dated April
12, 2004 (for Model EMB-135BJ airplanes); or Service Bulletin 145-
27-0102, Revision 02, dated January 20, 2005 (for Model EMB-135ER, -
135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes); as applicable. Accomplishing this replacement
terminates the repetitive inspections required by paragraphs (f) and
(g) of this AD.
Parts Installation
(i) As of the effective date of this AD, no person may install a
spring cartridge, P/N KPD2611, on any airplane.
Cartridge Replacement According to Previous Issue of Service Bulletin
(j) Spring cartridge replacements accomplished before the
effective date of this AD in accordance with EMBRAER Service
Bulletin 145LEG-27-0012, dated March 2, 2004; or Service Bulletin
145-27-0102, dated December 23, 2003, or Revision 01, dated April
12, 2004; are considered acceptable for compliance with the
corresponding action required by this AD.
Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) AMOCs approved previously according to AD 2003-09-03,
amendment 39-13132, are approved as AMOCs for the corresponding
provisions of this AD.
Related Information
(l) Brazilian airworthiness directive 2003-01-03R1, dated July
26, 2004, also addresses the subject of this AD.
Issued in Renton, Washington, on August 2, 2005.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-15592 Filed 8-5-05; 8:45 am]
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