[Federal Register: December 17, 2007 (Volume 72, Number 241)]
[Proposed Rules]
[Page 71281-71284]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de07-21]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0338; Directorate Identifier 2007-NM-139-AD]
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: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to all EMBRAER Model EMB-135BJ, -135ER, -
135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes. The existing AD currently requires reviewing the
airplane maintenance records for recent reports of vibration from the
tail section or rudder pedals. The existing AD also currently 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 proposed AD
would require the existing repetitive inspection to be done with new
service information. This proposed AD also would require replacing the
locking tab washers on the control rods of the rudder II and installing
springs on the hinge assemblies of the rudder II, which would terminate
the repetitive inspection requirements. This proposed AD results from
reports of rudder vibration due to wear. We are proposing this AD 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: We must receive comments on this proposed AD by January 16,
2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this AD, contact Empresa
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao
Jose dos Campos--SP, Brazil.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through
[[Page 71282]]
Friday, except Federal holidays. The AD docket contains this proposed
AD, the regulatory evaluation, any comments received, and other
information. The street address for the Docket Office (telephone 800-
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-0338;
Directorate Identifier 2007-NM-139-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On November 2, 2005, we issued AD 2005-25-04, amendment 39-14397
(70 FR 72902, December 8, 2005), for all EMBRAER Model EMB-135BJ, -
135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes. That AD requires reviewing the airplane
maintenance records for recent reports of vibration from the tail
section or rudder pedals. That 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. That AD resulted from reports of
rudder vibration due to wear. We issued that 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.
Actions Since Existing AD Was Issued
Since we issued AD 2005-25-04, the Ag[ebreve]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC), which is the airworthiness
authority for Brazil, issued Brazilian airworthiness directive 2005-09-
02R2, effective May 10, 2007, to include updated procedures for the
existing repetitive inspections and a terminating action for the
repetitive inspections.
Relevant Service Information
EMBRAER has issued Alert Service Bulletin 145LEG-55-A010, Revision
02, dated May 16, 2006 (for Model EMB-135BJ airplanes); and 145-55-
A036, Revision 03, dated May 16, 2006 (for Model EMB-135ER, -135KE, -
135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP
airplanes). (AD 2005-25-04 refers to EMBRAER Alert Service Bulletin
145LEG-55-A010, dated August 26, 2005; and 145-55-A036, Revision 01,
dated September 5, 2005; as the appropriate sources of service
information for accomplishing the required repetitive inspections).
Revision 02 of EMBRAER Alert Service Bulletin 145LEG-55-A010 and
Revision 03 of EMBRAER Alert Service Bulletin 145-55-A036 were issued
to include more details for accomplishing the repetitive inspections.
EMBRAER also has issued Alert Service Bulletin 145LEG-55-0011,
Revision 01, dated January 23, 2007 (for Model EMB-135BJ airplanes);
and 145-55-0038, Revision 01, dated January 23, 2007 (for Model EMB-
135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes). The service bulletins describe procedures
for replacing the locking tab washers on the control rods of the rudder
II with new improved ones, and installing springs on the hinge
assemblies of the rudder II. Accomplishment of these actions eliminates
the need for the repetitive inspections specified in the service
bulletins described previously.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The ANAC mandated
the service information and issued Brazilian airworthiness directive
2005-09-02R2, effective May 10, 2007, to ensure the continued
airworthiness of these airplanes in Brazil.
EMBRAER Alert Service Bulletin 145LEG-55-A010, Revision 02, dated
May 16, 2006, refers to EMBRAER Service Bulletins 145LEG-55-0008,
Revision 02, dated May 26, 2006; and 145LEG-55-0009, Revision 01, dated
November 23, 2005; as additional sources of service information for
installing washers in the rudder II hinge fittings and control rod
assembly.
EMBRAER Alert Service Bulletin 145-55-A036, Revision 03, dated May
16, 2006, refers to EMBRAER Service Bulletins 145-55-0034, Revision 02,
dated May 25, 2006; and 145-55-0035, Revision 02, dated March 28, 2006;
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 the Proposed AD
These airplanes 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 ANAC has kept the FAA informed
of the situation described above. We have examined the ANAC'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
2005-25-04 and would retain the requirements of the existing AD. This
proposed AD would also require accomplishing the actions specified in
the service bulletins 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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Number of
Average labor Cost per U.S.-
Action Work hours rate per hour Parts airplane registered Fleet cost
airplanes
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Records review (required by AD 2005-25-04)...... 1 $80 None.............................. $80 463 $37,040
[[Page 71283]]
Terminating action (new proposed action)........ 5 80 644............................... 1,044 463 483,372
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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
removing amendment 39-14397 (70 FR 72902, December 8, 2005) and adding
the following new airworthiness directive (AD):
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2007-0338; Directorate Identifier 2007-NM-139-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by January
16, 2008.
Affected ADs
(b) This AD supersedes AD 2005-25-04.
Applicability
(c) This AD applies to all EMBRAER Model EMB-135BJ, -135ER, -
135KE, -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.
Requirements of AD 2005-25-04
Records Review
(f) Within 5 days after December 23, 2005 (the effective date of
AD 2005-25-04): 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
December 23, 2005.
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); except as provided by paragraph (l) of
this AD. Do all related investigative/corrective actions before
further flight by doing all applicable actions specified in the
service bulletin; except as required by paragraphs (i) and (l) 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 December 23, 2005.
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 December 23, 2005, 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-
[[Page 71284]]
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 December 23, 2005, 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.
New Requirements of This AD
New Revision to Service Bulletins
(l) As of the effective date of this AD, use only the
Accomplishment Instructions of EMBRAER Alert Service Bulletin
145LEG-55-A010, Revision 02, dated May 16, 2006 (for Model EMB-135BJ
airplanes); or 145-55-A036, Revision 03, dated May 16, 2006 (for all
other airplanes); as applicable; to do the actions required by
paragraphs (g) and (h) of this AD, until the actions required by
paragraph (m) of this AD are done.
Note 3: EMBRAER Alert Service Bulletin 145LEG-55-A010, Revision
02, dated May 16, 2006 (for Model EMB-135BJ airplanes) refers to
EMBRAER Service Bulletins 145LEG-55-0008, Revision 02, dated May 26,
2006; and 145LEG-55-0009, Revision 01, dated November 23, 2005; as
additional sources of service information for installing washers in
the rudder II hinge fittings and control rod assembly.
Note 4: EMBRAER Alert Service Bulletin 145-55-A036, Revision 03,
dated May 16, 2006 (for EMB-135ER, -135KE, -135KL, -135LR, -145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes), refers
to EMBRAER Service Bulletins 145-55-0034, Revision 02, dated May 25,
2006; and 145-55-0035, Revision 02, dated March 28, 2006; as
additional sources of service information for installing washers in
the rudder II hinge fittings and control rod assembly.
Terminating Action
(m) Within 5,500 flight hours or 36 months after the effective
date of this AD, whichever occurs first, replace the locking tab
washers on the control rods of the rudder II and install springs on
the hinge assemblies of the rudder II, in accordance with the
Accomplishment Instructions of EMBRAER Alert Service Bulletin
145LEG-55-0011, Revision 01, dated January 23, 2007 (for Model EMB-
135BJ airplanes); or 145-55-0038, Revision 01, dated January 23,
2007 (for all other airplanes); as applicable. Accomplishment of the
replacement and installation constitutes terminating action for the
requirements of this AD.
Credit for Prior Accomplishment of Earlier Service Bulletins
(n) Actions done before the effective date of this AD in
accordance with the Accomplishment Instructions of EMBRAER Alert
Service Bulletin 145LEG-55-0011, dated May 12, 2006 (for Model EMB-
135BJ airplanes); or 145-55-0038, dated May 12, 2006 (for all other
airplanes); as applicable; are acceptable for compliance with the
requirements of paragraph (m) of this AD.
Alternative Methods of Compliance (AMOCs)
(o)(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) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(3) AMOCs approved previously in accordance with AD 2005-25-04
are approved as AMOCs for the corresponding provisions of this AD.
Related Information
(p) Brazilian airworthiness directive 2005-09-02R2, effective
May 10, 2007, also addresses the subject of this AD.
Issued in Renton, Washington, on December 10, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-24330 Filed 12-14-07; 8:45 am]
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