[Federal Register: December 8, 2005 (Volume 70, Number 235)]
[Rules and Regulations]
[Page 72902-72904]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de05-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-23187; Directorate Identifier 2005-NM-203-AD;
Amendment 39-14397; AD 2005-25-04]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
EMBRAER Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -145ER,
-145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This AD requires
reviewing the airplane maintenance records for recent reports of
vibration from the tail section or rudder pedals. This AD also requires
repetitively inspecting the skin, attachment fittings, and control rods
of rudder II to detect cracking, loose parts, wear, or damage; and
related investigative/corrective actions if necessary. This AD results
from reports of rudder vibration due to wear. We are issuing this AD to
prevent failure of multiple hinge fittings, which could result in
severe vibration, and to prevent failure of the rudder control rods,
which could result in jamming of the rudder II; and possible structural
failure and reduced controllability of the airplane.
DATES: This AD becomes effective December 23, 2005.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of December 23,
2005.
We must receive comments on this AD by February 6, 2006.
ADDRESSES: Use one of the following addresses to submit comments on
this 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.
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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
The Departmento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, notified us that an unsafe condition may exist on
all EMBRAER Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. The DAC
advises that it has received reports of rudder vibration. Investigation
revealed wear in the attachment flange bushings of rudder II that
progressed over the hinge fittings of rudder II. Investigation also
revealed excessive freeplay of the end-to-rod attachment of the lower
control rod on rudder II. Failure of multiple hinge fittings could
result in severe vibration, and failure of the rudder control rods
could result in jamming of the rudder II. These conditions, if not
corrected, could result in possible structural failure and reduced
controllability of the airplane.
Relevant Service Information
EMBRAER has issued Alert Service Bulletins 145LEG-55-A010, dated
August 26, 2005, and 145-55-A036, Revision 01, dated September 5, 2005.
The following table identifies the actions described in the service
bulletins, which are divided into six parts.
Service Bulletin Procedures
------------------------------------------------------------------------
Related
Part Action Condition investigative and
corrective actions
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I............... Visual Crack.......... Repair or
inspection of replacement of the
the rudder II affected area.
skin.
Inspection of Relative Replacement of the
the rudder II movement control rod.
control rods. between a
control rod
and its rod
end.
Detailed visual Wear or damage Part(s) II, III, IV,
inspection of at only one or V, as
the rudder II attachment. applicable, of the
attachment Wear or damage service bulletin.
fittings. at more than Parts II, III, IV,
one attachment. and V of the
service bulletin.
II-V............ Dimensional Adequate Part VI of the
inspection of measurements. service bulletin.
hinge Measurements Replacement of the
attachment within certain bolt and/or
points I, II, limits. bushing, and
III, and IV. Measurements accomplishment of
for the the remaining parts
bushing less of the service
than certain bulletin.
limits. Repair as approved
by EMBRAER.
VI.............. Install washers Group and Installation as
in hinge modification specified in Figure
fittings. status. 4 of the service
bulletin, or
restoration of
modified airplanes
as specified in the
airplane
maintenance manual
(AMM).
Install washers Modification Installation as
in control rod status. specified in Figure
assembly. 5 of the service
bulletin, or
restoration of
modified airplanes
as specified in the
AMM.
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[[Page 72903]]
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The DAC mandated
the service bulletins and issued Brazilian emergency airworthiness
directive 2005-09-02R1, dated November 3, 2005, to ensure the continued
airworthiness of these airplanes in Brazil.
The service bulletins refer to EMBRAER Service Bulletins 145LEG-55-
0008, Revision 01, dated January 14, 2005; 145LEG-55-0009, dated June
21, 2004; and 145-55-0034, Revision 01, dated January 14, 2005, as
additional sources of service information for installing washers in the
rudder II hinge fittings and control rod assembly.
FAA's Determination and Requirements of This 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 we need to
issue an AD for products of this type design that are certificated for
operation in the United States.
Therefore, we are issuing this AD to prevent failure of multiple
hinge fittings, which could result in severe vibration, and to prevent
failure of the rudder control rods, which could result in jamming of
the rudder II; and possible structural failure and reduced
controllability of the airplane. This AD requires reviewing the
airplane maintenance records for recent reports of vibration from the
tail section or rudder pedals. This AD also requires the actions
specified in the service information described previously, except as
discussed below.
Differences Between AD and Service Information/Brazilian Airworthiness
Directive
The Brazilian airworthiness directive allows operators up to 20
flight hours/cycles to inspect airplanes that experienced vibration
from the tail section or rudder pedals. However, for vibration reported
before the effective date of the AD, to avoid unnecessary burden on
operators, this AD requires compliance for the initial inspection
within 2 days after the records review. And, for vibration reported
after the effective date of the AD, the AD will require an inspection
before the next flight. We have not received data to substantiate the
continued safe operation of airplanes with reported vibration. However,
if EMBRAER provides inspection criteria or analyses that would
substantiate continued operational flight for the specified time
period, we may consider further rulemaking in the future.
The service bulletins specify to contact the manufacturer for
instructions on how to repair certain conditions, but this AD requires
repairing those conditions using a method that we or the DAC (or its
delegated agent) approve. In light of the type of repair that would be
required to address the unsafe condition, and consistent with existing
bilateral airworthiness agreements, we have determined that, for this
AD, a repair we or the DAC approve under those conditions would be
acceptable for compliance with this AD.
Clarification of Inspection Terminology
Where Part I of the service bulletins refers to inspections for
discrepancies of the rudder II, we have determined that these
procedures should be described as a ``detailed inspection.'' Note 1 in
this AD defines this type of inspection.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD; therefore, providing notice and opportunity for public comment
before the AD is issued is impracticable, and good cause exists to make
this AD effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any relevant written
data, views, or arguments regarding this AD. Send your comments to an
address listed in the ADDRESSES section. Include ``Docket No. FAA-2005-
23187; Directorate Identifier 2005-NM-203-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD that might
suggest a need to modify it.
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 AD. Using the search function of that 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 may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78), or you may visit
http://dms.dot.gov.
Examining the Docket
You may 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 Docket Management System
receives them.
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 the 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
[[Page 72904]]
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:
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2005-25-04 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14397. Docket No. FAA-2005-23187; Directorate
Identifier 2005-NM-203-AD.
Effective Date
(a) This AD becomes effective December 23, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model EMB-135BJ, -135ER, -
35KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes; certificated in any category.
Unsafe Condition
(d) This AD results from reports of rudder vibration due to
wear. We are issuing this AD to prevent failure of multiple hinge
fittings, which could result in severe vibration, and to prevent
failure of the rudder control rods, which could result in jamming of
the rudder II; and possible structural failure and 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.
Records Review
(f) Within 5 days after the effective date of this AD: Review
the airplane maintenance records to determine whether any vibration
from the tail section or rudder pedals was reported within 120
flight hours or 100 flight cycles before the effective date of this
AD.
Inspection
(g) At the applicable time specified in paragraph (g)(1) or
(g)(2) of this AD: Do a detailed inspection of the skin, attachment
fittings, and control rods of rudder II to detect cracks, loose
parts, wear, or damage. Inspect in accordance with the
Accomplishment Instructions of EMBRAER Alert Service Bulletin
145LEG-55-A010, dated August 26, 2005 (for Model EMB-135BJ
airplanes); or 145-55-A036, Revision 01, dated September 5, 2005
(for all other airplanes). Do all related investigative/corrective
actions before further flight by doing all applicable actions
specified in the service bulletin; except as required by paragraph
(i) of this AD. Repeat the inspection at intervals not to exceed
2,500 flight hours, except as required by paragraph (h) of this AD.
(1) If any vibration was reported during the time period
specified in paragraph (f) of this AD, inspect within 2 days after
the records review.
(2) If no vibration was reported during the time period
specified in paragraph (f) of this AD, except as required by
paragraph (h) of this AD, inspect before the later of:
(i) 2,500 total accumulated flight hours.
(ii) 600 flight hours or 500 flight cycles, whichever occurs
first, after the effective date of this AD.
Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
a mirror, magnifying lenses, etc., may be necessary. Surface
cleaning and elaborate procedures may be required.''
(h) If any vibration from the tail section or rudder pedals is
reported after the effective date of this AD, do the inspection
specified in paragraph (g) of this AD before the next flight. Repeat
the inspection thereafter at intervals not to exceed 2,500 flight
hours.
Note 2: EMBRAER Alert Service Bulletin 145LEG-55-A010, dated
August 26, 2005, and 145-55-A036, Revision 01, dated September 5,
2005; refer to EMBRAER Service Bulletins 145LEG-55-0008, Revision
01, dated January 14, 2005, 145LEG-55-0009, dated June 21, 2004, and
145-55-0034, Revision 01, dated January 14, 2005, as additional
sources of service information for installing washers in the rudder
II hinge fittings and control rod assembly.
Exceptions to Service Bulletin Specifications
(i) Where EMBRAER Alert Service Bulletins 145LEG-55-A010 and
145-55-A036 specify to contact EMBRAER for repair instructions,
operators must perform the repair before further flight using a
method approved by either the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the Departmento de
Aviacao Civil (or its delegated agent).
(j) Although EMBRAER Alert Service Bulletins 145LEG-55-A010 and
145-55-A036 recommend sending a report of the inspection results to
the manufacturer, this AD does not require a report.
Credit for Prior Accomplishment of Earlier Service Bulletin
(k) For Model -135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes: Accomplishment
of the inspection and applicable related investigative/corrective
actions before the effective date of this AD, in accordance with
EMBRAER Alert Service Bulletin 145-55-A036, dated August 20, 2005,
is acceptable for compliance with the corresponding requirements of
this AD.
Alternative Methods of Compliance (AMOCs)
(l)(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 Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(m) Brazilian emergency airworthiness directive 2005-09-02R1,
dated November 3, 2005, also addresses the subject of this AD.
Material Incorporated by Reference
(n) You must use EMBRAER Alert Service Bulletin 145LEG-55-A010,
dated August 26, 2005; or EMBRAER Alert Service Bulletin 145-55-
A036, Revision 01, dated September 5, 2005; as applicable, to
perform the actions that are required by this AD, unless the AD
specifies otherwise. The Director of the Federal Register approved
the incorporation by reference of these documents in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. 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 2, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-23656 Filed 12-7-05; 8:45 am]
BILLING CODE 4910-13-U