[Federal Register: December 30, 2005 (Volume 70, Number 250)]
[Rules and Regulations]
[Page 77303-77307]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de05-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-89-AD; Amendment 39-14436; AD 2005-26-15]
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, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain EMBRAER Model EMB-135 airplanes; and Model EMB-
145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes, that
requires performing repetitive inspections for cracks, ruptures, or
bends in certain components of the elevator control system; replacing
discrepant components; and, for certain airplanes, installing a new
spring cartridge and implementing new logic for the electromechanical
gust lock system. The AD also requires eventual modification of the
elevator gust lock system to replace the mechanical system with an
electromechanical system, which will terminate the repetitive
inspections. The actions specified by this AD are intended 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: Effective February 3, 2006.
[[Page 77304]]
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 3, 2006.
ADDRESSES: The service information referenced in this AD 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 Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain EMBRAER Model EMB-135 and
-145 series airplanes was published as a supplemental notice of
proposed rulemaking (NPRM) in the Federal Register on September 21,
2005 (70 FR 55310). That action proposed to require performing
repetitive inspections for cracks, ruptures, or bends in certain
components of the elevator control system; replacing discrepant
components; and, for certain airplanes, installing a new spring
cartridge and implementing new logic for the electromechanical gust
lock system. The proposed AD 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.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments to the proposed AD were
received.
Correction to Final Rule
In paragraph (c)(2) of the supplemental NPRM we inadvertently used
an incorrect date for EMBRAER Service Bulletin 145-27-0086, Change 04,
dated March 21, 2005, and have corrected the date accordingly in the
final rule.
Clarification of Appropriate Service Information
We have revised paragraphs (c)(1)(i) and (c)(1)(ii) of this AD to
clarify that the actions required by those paragraphs must be done in
accordance with EMBRAER Service Bulletin 145-27-0075, Revision 08,
dated March 3, 2005.
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.
Explanation of Change to Applicability
We specify model designations in the applicability of this proposed
AD as those designations are published in the most recent type
certificate data sheet for the affected models. These model
designations differ in the referenced service bulletin(s).
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.
Cost Impact
We estimate that 300 airplanes of U.S. registry will be affected by
this AD.
It will take approximately 1 work hour per airplane, per inspection
cycle, to accomplish the inspection, at an average labor rate of $65
per work hour. Based on these figures, the cost impact of this action
on U.S. operators is estimated to be $19,500, or $65 per airplane, per
inspection cycle.
We estimate that 108 airplanes of U.S. registry will be subject to
EMBRAER Service Bulletin 145-27-0075, Revision 08, dated March 3, 2005.
For these airplanes, it will take up to 65 work hours to accomplish the
modification in that service bulletin, at an average labor rate of $65
per work hour. Required parts will cost up to $14,000 per airplane.
Based on these figures, the cost impact of this action on U.S.
operators is estimated to be up to $1,968,300, or $18,225 per airplane.
We estimate that 192 airplanes of U.S. registry will be subject to
EMBRAER Service Bulletin 145-27-0086, Change 04, dated March 21, 2005.
For these airplanes, it will take approximately 133 work hours to
accomplish the modification in that service bulletin, at an average
labor rate of $65 per work hour. Required parts will cost up to $23,164
per airplane. Based on these figures, the cost impact of this action on
U.S. operators is estimated to be up to $6,107,328, or $31,809 per
airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the 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.
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 Impact
The regulations adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (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
[[Page 77305]]
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness
directive:
2005-26-15 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14436. Docket 2002-NM-89-AD.
Applicability: Model EMB-135BJ, -135ER, -135KE, -135KL, and -
135LR airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145XR,
-145MP, and -145EP 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, certificated in any category.
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, in accordance with 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, in accordance with 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, Revision 08, dated March 3, 2005: Do paragraph (c)(1)(i) or
(c)(1)(ii) of this AD, as applicable, and install a new spring
cartridge and implement new logic for the electromechanical gust
lock system by doing all actions in section 3.D. (Part IV) of the
Accomplishment Instructions of the service bulletin. After
accomplishing the actions in EMBRAER Service Bulletin 145-27-0101;
as specified in the Accomplishment Instructions of EMBRAER Service
Bulletin 145-27-0075, Revision 08; the airplane flight manual (AFM)
revision required by AD 2002-26-51, amendment 39-13008, may be
removed from the Limitations section of the EMBRAER EMB-145 AFM.
Accomplishing the actions specified in the Accomplishment
Instructions of EMBRAER Service Bulletin 145-27-0102; as specified
by EMBRAER Service Bulletin 145-27-0075, Revision 08; terminates the
repetitive inspections required by AD 2005-24-11, amendment 39-
14391.
(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 EMBRAER Service Bulletin 145-27-0075, Revision 08,
as applicable. If the inspection reveals that certain subject parts
have not been removed previously, before further flight, remove the
subject parts in accordance with EMBRAER Service Bulletin 145-27-
0075, Revision 08. Where Parts I and II of the Accomplishment
Instructions of EMBRAER Service Bulletin 145-27-0075, Revision 08,
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 EMBRAER Service Bulletin 145-27-0075, Revision 08.
(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 EMBRAER Service Bulletin 145-27-0075, Revision 08.
Note 2: Part IV of the Accomplishment Instructions of EMBRAER
Service Bulletin 145-27-0075, Revision 08, refers to EMBRAER Service
Bulletin 145-27-0101, currently at Revision 02, dated December 27,
2004; and EMBRAER Service Bulletin 145-27-0102, currently at
Revision 02, dated January 20, 2005; 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.
(2) For airplanes listed in EMBRAER Service Bulletin 145-27-
0086, Change 04, dated March 21, 2005: 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) 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 Manager, International
Branch, ANM-116, Transport Airplane Directorate, 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.
(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. After accomplishing the actions in
EMBRAER Service Bulletin 145-27-0101; as specified in the
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0086,
Change 04; the AFM revision required by AD 2002-26-51, amendment 39-
13008, may be removed from the Limitations section of the EMBRAER
EMB-145 AFM. Accomplishing the actions in EMBRAER Service Bulletin
145-27-0102; as specified in the Accomplishment Instructions of
EMBRAER Service Bulletin 145-27-0086, Change 04; terminates the
repetitive inspections required by AD 2005-24-11, amendment 39-
14391.
Note 3: Part V of the Accomplishment Instructions of EMBRAER
Service Bulletin 145-27-0086, Change 04, refers to EMBRAER Service
Bulletin 145-27-0101, currently at
[[Page 77306]]
Revision 02, dated December 27, 2004; and EMBRAER Service Bulletin
145-27-0102, currently at Revision 02, dated January 20, 2005; 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.
Actions Accomplished Previously
(d) Actions accomplished before the effective date of this AD
are acceptable for compliance with corresponding requirements of
this AD as specified in paragraphs (d)(1), (d)(2), and (d)(3) of
this AD.
(1) Modification of the elevator gust lock system before the
effective date of this AD in accordance with EMBRAER Service
Bulletin 145-27-0075, Change 06, dated July 16, 2002, is acceptable
for compliance with paragraph (c)(1) of this AD, provided that,
within the compliance time specified in paragraph (c) of this AD, a
new spring cartridge is installed and new logic for the
electromechanical gust lock system is implemented in accordance with
Part IV of EMBRAER Service Bulletin 145-27-0075, Revision 07, dated
March 2, 2004, or Revision 08, dated March 3, 2005.
(2) Modification of the elevator gust lock system before the
effective date of this AD in accordance with EMBRAER Service
Bulletin 145-27-0075, Revision 07, dated March 2, 2004, is
acceptable for compliance with paragraph (c)(1) of this AD.
(3) Modification of the elevator gust lock system before the
effective date of this AD in accordance with EMBRAER Service
Bulletin 145-27-0086, Change 02, dated December 23, 2003; or EMBRAER
Service Bulletin 145-27-0086, Change 03, dated April 14, 2004; is
acceptable for compliance with paragraph (c)(2) of this AD.
Alternative Methods of Compliance
(e)(1) In accordance with 14 CFR 39.19, the Manager,
International Branch, ANM-116, is authorized to approve alternative
methods of compliance for this AD.
(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.
Note 4: The subject of this AD is addressed in Brazilian
airworthiness directive 2002-01-01R3, dated November 8, 2002.
Material Incorporated by Reference
(f) Unless otherwise specified in this AD, the actions must be
done in accordance with the EMBRAER service information listed in
Table 1 of this AD. This incorporation by reference was approved by
the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. EMBRAER Service Bulletin 145-27-0075,
Revision 08, dated March 3, 2005, contains the following effective
pages:
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Revision
Page Nos. level shown Date shown on page
on page
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1-6, 8, 30-34, 39, 41, 51, 58, 08 March 3, 2005.
62, 68, 110.
7, 9-29, 35-38, 40, 42-50, 52- 07 March 2, 2004.
57, 59-61, 63-67, 69-109, 111-
117.
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EMBRAER Service Bulletin 145-27-0086, Change 04, dated March 21,
2005, contains the following effective pages:
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Change
Page Nos. level shown Date shown on page
on page
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1-2, 5, 11-12, 23, 31, 32, 40, 04 March 21, 2005.
62, 95.
3-4, 6-10, 13-22, 24-30, 33-39, 03 April 14, 2004.
41-61, 63-94, 96-137.
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To get copies of this service information, contact Empresa
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225,
Sao Jose dos Campos--SP, Brazil. To inspect copies of this service
information, go to the FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington; or to 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
.
Table 1.--Material Incorporated by Reference
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EMBAER service bulletin Revision/change level Date
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145-27-0075......................... Revision 08.................... March 3, 2005.
145-27-0086......................... Change 04...................... March 21, 2005.
145-27-0087......................... Change 03...................... September 27, 2002.
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[[Page 77307]]
Effective Date
(g) This amendment becomes effective on February 3, 2006.
Issued in Renton, Washington, on December 13, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-24530 Filed 12-29-05; 8:45 am]
BILLING CODE 4910-13-P