[Federal Register: January 25, 2006 (Volume 71, Number 16)]
[Proposed Rules]
[Page 4067-4069]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja06-22]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-23673; Directorate Identifier 2005-NM-233-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 and 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 adopt a new airworthiness directive (AD)
for all EMBRAER Model EMB-135 and EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes. This proposed AD would require
inspecting to determine the part number of the ailerons. For airplanes
with affected aileron part numbers, this proposed AD would require
reworking the aileron damper fitting. For certain airplanes, this
proposed AD would also require replacing the rod end of the aileron
damper assembly with an improved rod end. This proposed AD results from
reports of structural failure of the rod end of the aileron damper,
which was caused by insufficient clearance between the lugs of the
aileron damper fitting and the rod end of the aileron damper. We are
proposing this AD to prevent failure of the aileron damper, which could
result in failure of the aileron actuator and consequent reduced
controllability of the airplane.
DATES: We must receive comments on this proposed AD by February 24,
2006.
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.
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 proposed 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 in the ADDRESSES section. Include the docket number ``FAA-2006-
23673; Directorate Identifier 2005-NM-233-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
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.
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-135 and EMB-145, -145ER, -145MR, -145LR, -145XR,
-145MP, and -145EP airplanes. The DAC advises of reports indicating
structural failure of the rod ends of the aileron damper. This failure
has been attributed to insufficient clearance between the lugs of the
aileron damper fitting and the rod end of the aileron damper. The
insufficient clearance is associated with improper clearance between
the rod end and its bearing race. A failed rod end is a hidden failure
of the aileron damper. Flutter caused by failure of the aileron damper
could result in failure of the aileron actuator. This condition, if not
corrected, could result in reduced controllability of the airplane.
Relevant Service Information
EMBRAER has issued Service Bulletin 145-27-0108, Revision 01, dated
April 28, 2005, which is effective for airplanes that are equipped with
an affected aileron. The service bulletin describes procedures for
reworking the aileron damper fitting on the left- and right-hand sides
of the airplane. For aileron dampers with certain part numbers and
serial numbers, the service bulletin also describes procedures for
replacing the rod end of the aileron damper assembly with an improved
rod end on the left- and right-hand sides of the airplane.
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
2005-10-04, dated November 17, 2005, to ensure the continued
airworthiness of these airplanes in Brazil.
The EMBRAER service bulletin refers to Textron Service Bulletin
41012130-27-02, dated July 12, 2004, as an additional source of service
information for replacing the rod end of the aileron damper assembly.
The Textron service bulletin is included within the pages of the
EMBRAER service bulletin.
[[Page 4068]]
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 we need to
issue an AD for airplanes of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would require
accomplishing the actions specified in the service information
described previously.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
Estimated Costs
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Average
Action Work hours labor rate Parts Cost per Number of U.S.-registered Fleet cost
per hour airplane airplanes
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Inspection for Part Number........... 1 $65 None............. $65 680........................ $44,200.
Rework............................... 2 65 Free............. 130 680........................ $88,400.
Replacement.......................... 2 65 Free............. 130 Up to 680.................. Up to $88,400.
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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 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, 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2006-23673; Directorate Identifier 2005-NM-233-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by February
24, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER 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.
Unsafe Condition
(d) This AD results from reports of structural failure of the
rod end of the aileron damper, which was caused by insufficient
clearance between the lugs of the aileron damper fitting and the rod
end of the aileron damper. We are issuing this AD to prevent failure
of the aileron damper, which could result in failure of the aileron
actuator and consequent 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.
Part Number Determination
(f) Within 400 flight hours after the effective date of this AD:
Inspect the ailerons on the left- and right-hand sides of the
airplane to determine the part number (P/N). A review of airplane
maintenance records is acceptable in lieu of this inspection if the
P/N of the ailerons can be conclusively determined from that review.
(1) If the P/N of the aileron is not listed under ``Affected
components'' in paragraph 1.A.(1) of EMBRAER Service Bulletin 145-
27-0108, Revision 01, dated April 28, 2005: No further action is
required by this AD for that aileron.
(2) If the P/N of the aileron is listed under ``Affected
components'' in paragraph 1.A.(1) of EMBRAER Service Bulletin 145-
27-0108, Revision 01, dated April 28, 2005: Do paragraph (g) of this
AD.
Rework of Aileron Damper Fitting
(g) For any airplane equipped with an aileron having a P/N
listed under ``Affected components'' in paragraph 1.A.(1) of EMBRAER
Service Bulletin 145-27-0108, Revision 01, dated April 28, 2005:
Within 400 flight hours after the effective date of this AD, rework
the aileron damper fitting on the left- and right-hand sides of the
airplane, in accordance with the Accomplishment Instructions of
EMBRAER Service Bulletin 145-27-0108, Revision 01, dated April 28,
2005.
[[Page 4069]]
Replacement of the Rod End of the Aileron Damper Assembly
(h) For airplanes equipped with an aileron damper assembly
having P/N 41012130-102, -103, or -104, and serial number 001
through 0712 inclusive: Within 400 flight hours after the effective
date of this AD, replace the rod end of the aileron damper assembly,
P/N 41011486-101, with an improved rod end, P/N 41011486-102, on the
left- and right-hand sides of the airplane, in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0108,
Revision 01, dated April 28, 2005.
Note 1: EMBRAER Service Bulletin 145-27-0108, Revision 01,
refers to Textron Service Bulletin 41012130-27-02, dated July 12,
2004, as an additional source of service information for replacing
the rod end of the aileron damper assembly. The Textron service
bulletin is included within the pages of the EMBRAER service
bulletin.
Actions Accomplished Previously
(i) Actions accomplished before the effective date of this AD in
accordance with EMBRAER Service Bulletin 145-27-0108, dated July 28,
2004, are acceptable for compliance with the corresponding actions
required by this AD.
Alternative Methods of Compliance (AMOCs)
(j)(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
(k) Brazilian airworthiness directive 2005-10-04, dated November
17, 2005, also addresses the subject of this AD.
Issued in Renton, Washington, on January 17, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-901 Filed 1-24-06; 8:45 am]
BILLING CODE 4910-13-P