[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Rules and Regulations]
[Page 5426-5429]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja08-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0051; Directorate Identifier 2008-NM-001-AD;
Amendment 39-15352; AD 2008-03-03]
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; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain EMBRAER Model EMB-135 airplanes; and Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This AD requires
inspections to detect discrepancies of the components of the elevator
control system, repetitive movements of the control column to observe
the normal response of the elevators, repetitive inspections to detect
discrepancies of the skin of the elevators, and applicable related
investigative actions and corrective actions. This AD also provides for
optional terminating actions for the inspections and measurements. This
AD results from a report indicating that a Model EMB-145 airplane did
not rotate in response to the command from the yoke during take-off,
which resulted in a rejected take-off. We are issuing this AD to detect
and correct discrepancies of the elevator control system, which could
result in reduced control of the elevators and consequent reduced
controllability of the airplane.
DATES: This AD becomes effective February 14, 2008.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of February 14,
2008.
We must receive comments on this AD by February 29, 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 Friday, except Federal
holidays. The AD docket contains this 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: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
On December 13, 2005, we issued AD 2005-26-15, amendment 39-14436
(70 FR 77303, December 30, 2005). That AD applies to certain EMBRAER
Model EMB-135 airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes. That AD 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. That 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. That AD resulted from reports that cracks have been found
in certain components of the elevator control system in the horizontal
stabilizer area of several airplanes equipped with a mechanical gust
lock system. These cracks have been attributed to damage from strong
wind gusts on the ground. The actions specified in that 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.
Since we issued that AD, we received a report indicating that an
EMBRAER Model EMB-145 airplane did not rotate in response to the
command from the yoke as expected during take-off, and the flightcrew
had to perform a rejected take-off. The elevator control system did not
respond to elevator inputs from the flightcrew. Investigation revealed
that both elevator control rods were broken, and skin damage was found
to the elevator control surface. Preliminary investigation reports
reveal that the control rods broke under compression load. The reports
also reveal that strong, windy conditions prevailed before the
incident. The airplane's mechanical elevator gust lock system had not
yet been modified into an electromechanical elevator gust lock
[[Page 5427]]
system as required in AD 2005-26-15. Discrepancies of the elevator
control system, if not corrected, could result in reduced control of
the elevators and consequent reduced controllability of the airplane.
Relevant Service Information
EMBRAER has issued Alert Service Bulletin 145-27-A106, Revision 02,
dated December 28, 2007. The alert service bulletin describes
procedures for:
Doing a one-time detailed visual inspection to detect
discrepancies (i.e., cracks, rupture and/or bends) of the components of
the elevator control system, doing a one-time movement of the control
column to observe the normal response of the elevators, doing a one-
time general visual inspection within touching distance to detect
discrepancies (i.e., overtravel at the hinge area) of the lower skins
of the elevators, and doing applicable related investigative actions
(Part I). The related investigative actions include detailed visual and
general visual inspections and measurements to detect discrepancies of
components of the elevator control system.
Repetitively moving the control column to observe the
normal response of the elevators, repetitively doing the general visual
inspection from the ground, and doing applicable related investigative
actions, as described previously (Part II).
Repetitively moving the control column to observe the
normal response of the elevators, repetitively doing the general visual
inspection to detect discrepancies (i.e., overtravel at the hinge
areas) of the lower and upper skins of the elevators, doing applicable
related investigative actions described previously, and doing
applicable detailed visual and general visual inspections and
measurements to detect discrepancies of components of the elevator
control system (Part III).
EMBRAER Alert Service Bulletin 145-27-A106 refers to Task 05-50-26-
200-802-A, ``On-Ground Gale-Force Winds,'' dated March 28, 2006, of
Chapter 5-50-26 of EMBRAER EMB145 Aircraft Maintenance Manual, as an
additional source of service information for accomplishing the related
investigative actions and for accomplishing detailed visual and general
visual inspections and measurements to detect discrepancies of
components of the elevator control system.
FAA's Determination and Requirements of This 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.
We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
Therefore, we are issuing this AD to detect and correct
discrepancies of the elevator control system, which could result in
reduced control of the elevators and consequent reduced controllability
of the airplane. This AD requires accomplishing the actions specified
in the EMBRAER alert service bulletin described previously, except as
discussed under ``Difference Between the AD and the Referenced Service
Bulletin.'' This AD also requires repair and inspection reports of any
discrepancy found, and provides for optional terminating actions. The
required inspection reports will help determine the extent of the
discrepancies in the affected fleet.
Paragraph (l) of this AD provides operators with an option to
modify the elevator mechanical gust locks in accordance with paragraphs
(c)(1) and (c)(2) of AD 2005-26-15 to end repetitive inspection
requirements of this AD. We are currently considering superseding AD
2005-26-15 to reduce the compliance time for that modification and we
might use the results of the inspection reports in our considerations.
Difference Between the AD and the Referenced Service Bulletin
The alert service bulletin does not specify instructions on how to
repair certain conditions. This AD requires repairing those conditions
using a method approved by the FAA or the Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) (or its delegated agent). In light
of the type of repair that is required to address the unsafe condition,
and consistent with existing bilateral airworthiness agreements, we
have determined that, for this AD, a repair approved by the FAA or the
ANAC is acceptable for compliance with this AD.
The Accomplishment Instructions of the alert service bulletin first
defines the term ``detailed inspection,'' but thereafter inadvertently
uses the term ``detailed visual inspection.'' This AD refers to all
such inspections as ``detailed inspection.''
Paragraph 3.C.(1)(a) of the alert service bulletin specifies that
the general visual inspection is performed by a checker. This AD
requires that the inspection be done by certified maintenance
personnel.
FAA's Justification and Determination of the Effective Date
We have determined that interim repetitive inspections are
necessary to ensure long-term continued operational safety, in this
case, to detect any discrepancy before it represents a hazard to the
airplane. Because of our requirement to promote safe flight of civil
aircraft and thus, the critical need to assure the proper functioning
of the elevator control system and the short compliance time involved
with this action, this AD must be issued immediately.
Because an unsafe condition exists that requires the immediate
adoption of this AD, we find that notice and opportunity for prior
public comment hereon are impracticable and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2008-0051; Directorate Identifier 2008-NM-001-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this 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 AD.
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,
[[Page 5428]]
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
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):
2008-03-03 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15352. Docket No. FAA-2008-0051; Directorate Identifier
2008-NM-001-AD.
Effective Date
(a) This AD becomes effective February 14, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to 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; as identified in EMBRAER Alert Service Bulletin 145-27-
A106, Revision 02, dated December 28, 2007.
Unsafe Condition
(d) This AD results from a report indicating that an airplane
did not rotate in response to the command from the yoke during take-
off, which resulted in a rejected takeoff. We are issuing this AD to
detect and correct discrepancies of the elevator control system,
which could result in reduced control of the elevators 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 I: One-Time Inspections and Movements
(f) Within 20 flight hours after the effective date of this AD,
do a one-time detailed inspection of the components and general
visual inspection of the lower skin of the elevators, and
observation of the movement of the elevator control surfaces, by
accomplishing all the applicable actions specified in Part I of the
Accomplishment Instructions of the EMBRAER Alert Service Bulletin
145-27-A106, Revision 02, dated December 28, 2007, unless the
terminating actions specified in paragraph (l) of this AD have been
done.
(1) If no structural damage or abnormal operation is detected,
regardless of observed wind velocity, no further action is required
by this paragraph.
(2) If any structural damage or abnormal operation is detected,
regardless of observed wind velocity, before further flight, do the
detailed visual and general visual inspections and measurements
(related investigative action) by accomplishing all the applicable
actions specified in Part I of the Accomplishment Instructions of
the service bulletin.
Note 1: EMBRAER Alert Service Bulletin 145-27-A106, Revision 02,
dated December 28, 2007, refers to Task 05-50-26-200-802-A, dated
March 28, 2006, of Chapter 5-50-26 of EMBRAER EMB 145 Aircraft
Maintenance Manual, as an additional source of service information
for accomplishing the corresponding inspections and measurements
required by paragraphs (f)(2), (h)(2), and (j) of this AD.
(g) Actions done before the effective date of this AD in
accordance with the Accomplishment Instructions of EMBRAER Alert
Service Bulletin 145-27-A106, dated December 23, 2007; or Part I of
the Accomplishment Instructions of EMBRAER Alert Service Bulletin
145-27-A106, Revision 01, dated December 27, 2007; are acceptable
for compliance with the corresponding requirements of paragraphs (f)
and (f)(2) of this AD only.
Part II: Daily Movements and Inspections
(h) Prior to first flight of the day after accomplishing all the
actions required by paragraph (f) of this AD, or within 10 flight
hours after the effective date of this AD, whichever occurs later,
do the observation of the movements of the elevator control surfaces
and general visual inspection from the ground by accomplishing all
the applicable actions specified in Part II of the Accomplishment
Instructions of EMBRAER Alert Service Bulletin 145-27-A106, Revision
02, dated December 28, 2007, except as required by paragraph (i) of
this AD, until the terminating actions specified in paragraph (l) of
this AD are done.
(1) If no structural damage or abnormal operation is detected,
repeat the movement observations and inspections thereafter prior to
first flight of each day of operation.
(2) If any structural damage or abnormal operation is detected,
before further flight, do the related investigative actions by
accomplishing all the applicable actions specified in Part II of the
Accomplishment Instructions of the service bulletin. Repeat the
movement observations and inspections thereafter prior to first
flight of each day of operation.
(i) Where paragraph 3.C.(1)(a) of the Accomplishment
Instructions of the service bulletin specifies that the general
visual inspection is performed by a checker, this AD requires that
the inspection be done by an authorized person identified in section
43.3 of the Federal Aviation Regulations (14 CFR 43.3).
Part III: Repetitive Inspections and Movements
(j) At the applicable times specified in Table 1 of this AD, do
the actions specified in Table 1 of this AD by accomplishing all the
applicable actions specified in Part III of the Accomplishment
Instructions of EMBRAER Alert Service Bulletin 145-27-A106, Revision
02, dated December 28, 2007. Repeat the applicable actions
thereafter at intervals not to exceed 600 flight hours until the
terminating actions specified in paragraph (l) of this AD are done;
except if the gust lock position and wind conditions specified in
paragraph (j)(2) or (j)(3) of this AD occur within that time, the
repeat inspection must be done before further flight.
[[Page 5429]]
Table 1.--Repetitive Inspections, Movements, and Measurements, as
Applicable
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For airplanes parked on the ground
with the gust lock-- Do the following actions--
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(1) Engaged and the airplane is Within 600 flight hours after
exposed to winds of less than 50 accomplishing all the actions
knots. required by paragraph (f) of this
AD, do the general visual
inspection of the upper and lower
skins of the elevators, observation
of the movements of the elevator
control surface, and all applicable
related investigative actions. Do
all applicable related
investigative actions before
further flight.
(2) Engaged and the airplane is Before further flight, do the
exposed to any winds of 50 knots general visual inspection of the
or more. upper and lower skins of the
elevators, observation of the
movements of the elevator control
surface, and all applicable related
investigative actions.
(3) Disengaged, regardless of wind Before further flight, do the
velocity. detailed visual and general visual
inspections and measurements to
detect discrepancies of components
of the elevator control system.
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Corrective Actions
(k) If any discrepancy is detected during any detailed
inspection, general visual inspection, or measurement of components
of the elevator control system, or applicable related investigative
action required by paragraph (f)(2), (h)(2), or (j) of this AD,
before further flight, repair it using a method approved by either
the Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) (or its delegated agent).
Optional Terminating Action
(l) Accomplishing the actions required by paragraph (c)(1) or
(c)(2), as applicable, of AD 2005-26-15, amendment 39-14436,
terminates the requirements of this AD.
Reporting
(m) Submit a report of any findings of damage or discrepancy
found during any inspection required by this AD to the Manager,
International Branch, ANM-116, FAA, or to EMBRAER Technical Support
Engineering, fax +55-12-3927-2428; e-mail structure@embraer.com.br;
or Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343-
CEP 12.225, Sao Jose dos Campos-SP, Brazil; at the applicable time
specified in paragraph (m)(1) or (m)(2) of this AD. The report must
include the inspection results, a description of any discrepancies
found, the airplane serial number, and the number of landings and
flight hours on the airplane. Under the provisions of the Paperwork
Reduction Act (44 U.S.C. 3501, et seq.), the Office of Management
and Budget (OMB) has approved the information collection
requirements contained in this AD and has assigned OMB Control
Number 2120-0056.
(1) If the inspection was done after the effective date of this
AD: Submit the report within 10 days after the inspection.
(2) If the inspection was done before the effective date of this
AD: Submit the report within 10 days after the effective date of
this AD.
Alternative Methods of Compliance (AMOCs)
(n)(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.
Related Information
(o) None.
Material Incorporated by Reference
(p) You must use EMBRAER Alert Service Bulletin 145-27-A106,
Revision 02, dated December 28, 2007, 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 this document 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
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.
Issued in Renton, Washington, on January 18, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-1459 Filed 1-29-08; 8:45 am]
BILLING CODE 4910-13-P