[Federal Register: December 5, 2005 (Volume 70, Number 232)]
[Rules and Regulations]
[Page 72363-72366]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de05-8]
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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;
Amendment 39-14391; AD 2005-24-11]
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: Final rule.
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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) that applies to certain EMBRAER Model EMB-135 and Model EMB-145
series 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 optional terminating action for the repetitive
inspections for certain airplanes. This AD retains the requirements of
the existing AD and adds a requirement for final terminating action for
all affected airplanes. This AD results from 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
issuing this AD to prevent the unscrewing of the spring cartridge
clevis from jamming the elevator, which could lead to reduced
controllability of the airplane.
DATES: This AD becomes effective January 9, 2006.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of January 9,
2006.
On May 14, 2003 (68 FR 22585, April 29, 2003), the Director of the
Federal Register approved the incorporation by reference of EMBRAER
Service Bulletin 145-27-0098, dated December 9, 2002; and EMBRAER
Service Bulletin 145LEG-27-0006, dated December 9, 2002.
ADDRESSES: You may examine the 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
[[Page 72364]]
SW., Nassif Building, room PL-401, Washington, DC.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service
information identified in this 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:
Examining the Docket
You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.
Discussion
The FAA proposed to amend part 39 of the Federal Aviation
Regulations (14 CFR part 39) with an AD to supersede AD 2003-09-03,
amendment 39-13132 (68 FR 22585, dated April 29, 2003). The existing AD
applies to certain EMBRAER Model EMB-135 and -145 series airplanes. The
proposed AD was published in the Federal Register on August 8, 2005 (70
FR 45590), to retain the requirements of AD 2003-09-03 and provide for
final terminating action for all affected airplanes.
Comments
We provided the public the opportunity to participate in the
development of this AD. We received no comments on the NPRM or on the
determination of the cost to the public.
Credit for Using Revised Service Information
Since the NPRM was published, we have reviewed later revisions of
EMBRAER Service Bulletins 145-27-0098 and 145LEG-27-0006, both dated
December 9, 2002, which are referenced as the appropriate sources of
service information for accomplishing the repetitive inspections
specified in paragraphs (f) and (g) of the AD. The later revisions are
EMBRAER Service Bulletin 145-27-0098, Change 01, dated June 3, 2003,
and Revision 02, dated April 12, 2004; and EMBRAER Service Bulletin
145LEG-27-0006, Revision 01, dated June 3, 2003, and Revision 02, dated
April 12, 2004. We have included the later revisions of those service
bulletins in paragraphs (f) and (g) of this AD.
Explanation of Change to Affected ADs
Since the NPRM was published, a supplemental NPRM was issued for
FAA rulemaking 2002-NM-89-AD. Therefore, we have revised paragraph
(b)(2) of this AD to update the reference to FAA rulemaking 2002-NM-89-
AD (70 FR 55310, September 21, 2005).
Explanation of Changes to Applicability
We have revised the applicability of the existing AD to identify
model designations as published in the most recent type certificate
data sheet for the affected models.
In the NPRM, we inadvertently excluded Model EMB-145XR, -145MP, and
-145EP airplanes from paragraph (c), Applicability, of the proposed AD.
However, since those airplanes were included with all other airplanes
listed in the Preamble, Discussion and Requirements sections of the
proposed AD, it was clear that we intended to include those airplanes
in the proposed AD. Therefore, we have revised paragraph (c) of the AD
to include Model EMB-145XR, -145MP, and -145EP airplanes.
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD with the
changes described previously. We have determined that these changes
will neither increase the economic burden on any operator nor increase
the scope of the AD.
Costs of Compliance
This AD affects 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
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 required actions take about 3 work hours per airplane.
Required parts cost about $79 per cartridge (2 per airplane). Based on
these figures, the estimated cost of the new actions specified in this
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 AD will not have federalism
implications under Executive Order 13132. This AD 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.
For the reasons discussed above, I certify that this AD:
(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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. 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, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
[[Page 72365]]
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. 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):
2005-24-11 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14391. Docket No. FAA-2005-22033; Directorate
Identifier 2004-NM-218-AD.
Effective Date
(a) This AD becomes effective January 9, 2006.
Affected ADs
(b)(1) This AD supersedes AD 2003-09-03.
(2) Certain actions required by this AD are affected by FAA
rulemaking 2002-NM-89-AD.
Applicability
(c) This AD applies to EMBRAER Model EMB-135BJ, -135ER, -135KE,
-135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes; certificated in any category; having spring
cartridges part number KPD2611 installed in the elevator gust lock
system.
Unsafe Condition
(d) This AD results from reports of an improperly fitting lock
washer causing the clevis of the spring cartridge in the
electromechanical gust lock system to become unscrewed. We are
issuing this AD to prevent the 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; Revision 01, dated June 3,
2003; or Revision 02, dated April 12, 2004. 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; Change 01, dated June 3, 2003; or Revision 02, dated April
12, 2004. 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 EMBRAER 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 EMBRAER 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) Before using any AMOC approved in accordance with 14 CFR
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
(3) 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.
Material Incorporated by Reference
(m) You must use the service bulletins specified in Table 1 of
this AD to perform the actions that are required by this AD, unless
the AD specifies otherwise.
[[Page 72366]]
Table 1.--All Material Incorporated by Reference
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EMBRAER service bulletin Issue level Date
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145-27-0098..................... Original.......... December 9, 2002.
145-27-0098..................... Change 01......... June 3, 2003.
145-27-0098..................... Revision 02....... April 12, 2004.
145-27-0102..................... Revision 02....... January 20, 2005.
145LEG-27-0006.................. Original.......... December 9, 2002.
145LEG-27-0006.................. Revision 01....... June 3, 2003.
145LEG-27-0006.................. Revision 02....... April 12, 2004.
145LEG-27-0012.................. Revision 01....... April 12, 2004.
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(1) The Director of the Federal Register approved the
incorporation by reference of the service documents listed in Table
2 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
EMBRAER Service Bulletin 145LEG-27-0012, Revision 01, dated April
12, 2004, contains the following effective pages:
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Revision level
Page No. shown on page Date shown on page
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1, 2............................ 01................ April 12, 2004.
3-7............................. Original.......... March 2, 2004.
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Table 2.--New Material Incorporated by Reference
------------------------------------------------------------------------
EMBRAER service bulletin Issue level Date
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145-27-0098..................... Change 01......... June 3, 2003.
145-27-0098..................... Revision 02....... April 12, 2004.
145-27-0102..................... Revision 02....... January 20, 2005.
145LEG-27-0006.................. Revision 01....... June 3, 2003.
145LEG-27-0006.................. Revision 02....... April 12, 2004.
145LEG-27-0012.................. Revision 01....... April 12, 2004.
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(2) On May 14, 2003 (68 FR 22585, April 29, 2003), the Director
of the Federal Register approved the incorporation by reference of
EMBRAER Service Bulletin 145-27-0098, dated December 9, 2002; and
EMBRAER Service Bulletin 145LEG-27-0006, dated December 9, 2002.
(3) Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER),
P.O. Box 343-CEP 12.225, Sao Jose dos Campos-SP, Brazil, for a copy
of this service information. You may review copies at the Docket
Management Facility, U.S. Department of Transportation, 400 Seventh
Street SW., room PL-401, Nassif Building, Washington, DC; on the
Internet at http://dms.dot.gov; or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Issued in Renton, Washington, on November 18, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-23512 Filed 12-2-05; 8:45 am]
BILLING CODE 4910-13-P