[Federal Register: September 12, 2008 (Volume 73, Number 178)]
[Rules and Regulations]
[Page 52914-52916]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12se08-5]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0416; Directorate Identifier 2007-NM-297-AD;
Amendment 39-15656; AD 2008-17-18]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
It has been found the occurrence of cable guard pins not
installed in the aileron control system, which may lead to jamming
of the aileron control cables, reducing the aircraft
controllability.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective October 17, 2008.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 17,
2008.
ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
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
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on April 29, 2008 (73
FR 23132). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
It has been found the occurrence of cable guard pins not
installed in the aileron control system, which may lead to jamming
of the aileron control cables, reducing the aircraft
controllability.
The corrective actions include inspecting for possible absence of the
cable guard pins in the aileron control system inside the wings, and
installing new ones bearing the same part number. You may obtain
further information by examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the single comment received.
Request To Withdraw the NPRM
EMBRAER requests that the NPRM be withdrawn. The commenter states
that the missing aileron cable guard was discovered during a normal C-
check and that there is no field report of any event caused by the
missing pin. EMBRAER
[[Page 52915]]
states that it tested the system on ground under severe conditions and
it operated normally. The commenter states that it is not clear that
the lack of guard pins leads directly to the aileron jamming, and if
the aileron system jammed on one side, then the aircraft can be safely
operated by disconnecting the aileron system and using the free side;
if both sides jammed, the aircraft can be controlled using rudder and
differential thrust. For these reasons, EMBRAER proposes that the NPRM
be withdrawn.
We do not agree with the commenter's request to withdraw the NPRM.
The cable guard is an airworthiness requirement for transport category
airplanes (reference section 25.689(b) of the Federal Aviation
Regulations). We have determined that an unsafe condition exists due to
risk associated with jamming of both ailerons at the same time. We have
coordinated this action with the Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC), the airworthiness authority for
Brazil, which issued Brazilian airworthiness directive 2006-07-01,
effective July 31, 2006, (the ``MCAI'') to address the subject
condition. The actions in the AD are necessary to address the unsafe
condition; therefore, we have not changed the final rule in this
regard.
Change to Format of This Final Rule
We changed the format of paragraph (f) of this AD and its
subparagraphs to comply with formatting guidelines from the Office of
the Federal Register.
We have also added a reference to EMBRAER Service Bulletin 145LEG-
27-0023, dated January 24, 2006, to paragraph (f) of this AD and
clarified that all actions required by this AD are to be done in
accordance with the Accomplishment Instructions of the service
bulletin.
Conclusion
We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect about 13 products of U.S.
registry. We also estimate that it will take about 2 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $2,080, or $160 per
product.
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 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 this AD:
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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
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 FAA amends Sec. 39.13 by adding the following new AD:
2008-17-18 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15656. Docket No. FAA-2008-0416; Directorate Identifier
2007-NM-297-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective October
17, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-135BJ airplanes,
certificated in any category, serial numbers 145363, 145412, 145462,
145484, 145495, 145505, 145516, 145528, 145540, 145549, 145555,
145586, 145591, 145625, 145637, 145642, 145644, 145678, 145686,
145699, 145706, 145711, 145717, 145730, 145770, 145775, 145780,
145789, 145796, 14500802, and 14500809.
Subject
(d) Air Transport Association (ATA) of America Code 27: Flight
Controls.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
[[Page 52916]]
It has been found the occurrence of cable guard pins not
installed in the aileron control system, which may lead to jamming
of the aileron control cables, reducing the aircraft
controllability.
The corrective actions include inspecting for possible absence of
the cable guard pins in the aileron control system inside the wings,
and installing new ones bearing the same part number.
Actions and Compliance
(f) Unless already done: Within 270 calendar days after the
effective date of this AD, do a detailed inspection with the aid of
a borescope for possible absence of the cable guard pins in the
aileron control system inside the wings, in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-27-
0023, dated January 24, 2006.
(1) If any cable guard pin having part number (P/N) NAS427K8,
NAS427K28, or NAS427K36 is missing in the internal part of the left
and right halfwing spar boxes, before further flight, install a new
one bearing the same part number, in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-27-
0023, dated January 24, 2006.
(2) If any cable guard pin P/N NAS427K26 is missing in the
aileron control cable pulleys in the internal part of the wing
leading edge III, before further flight, remove the corresponding
leading edge and install a new cable guard pin bearing the same part
number, in accordance with the Accomplishment Instructions of
EMBRAER Service Bulletin 145LEG-27-0023, dated January 24, 2006.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows:
The MCAI includes airplanes in addition to those specified in the
applicability of this AD. Those airplanes are not included in this
AD because they are modified by Supplemental Type Certificates
(STCs) that are not FAA-approved. This AD includes only the U.S.
certified airplanes identified in the referenced service
information.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
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.
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.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to ensure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) Refer to MCAI Brazilian Airworthiness Directive 2006-07-01,
effective July 31, 2006; and EMBRAER Service Bulletin 145LEG-27-
0023, dated January 24, 2006; for related information.
Material Incorporated by Reference
(i) You must use EMBRAER Service Bulletin 145LEG-27-0023, dated
January 24, 2006, to do the actions required by this AD, unless the
AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) 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.
(3) 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 August 12, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-19384 Filed 9-11-08; 8:45 am]
BILLING CODE 4910-13-P