[Federal Register Volume 63, Number 50 (Monday, March 16, 1998)]
[Rules and Regulations]
[Pages 12609-12611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6499]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-64-AD; Amendment 39-10397; AD 98-06-19]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-145 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain EMBRAER Model EMB-145 series airplanes. This 
action requires draining and sealing of the ground spoiler and speed 
brake actuators. This action also requires replacement of the spoiler 
actuator assembly and the speed brake actuator assembly with modified 
actuator assemblies. This amendment is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified in this AD are intended 
to prevent asymmetric deployment of the speed brakes during flight and 
consequent reduced controllability of the airplane; or failure of the 
ground spoilers to deploy during landing or rejected takeoff, which 
could result in increased aircraft stopping distances.

DATES: Effective March 31, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 31, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before April 15, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-64-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056.
    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 FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, Small Airplane Directorate, 
Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix 
Boulevard, suite 450, Atlanta, Georgia; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Neil Berryman, Systems Engineer, 
Systems and Flight Test Branch, ACE-116A, FAA, Small Airplane 
Directorate, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone 
(770) 703-6066; fax (770) 703-6097.

SUPPLEMENTARY INFORMATION: The Departmento de Aviacao Civil (DAC), 
which is the airworthiness authority for Brazil, recently notified the 
FAA that an unsafe condition may exist on certain EMBRAER Model EMB-145 
series airplanes. The DAC advises that it has received reports 
indicating that the ground spoilers and/or speed brakes may fail to 
deploy. The cause of these failures has been attributed to moisture 
penetration into the respective actuators in combination with freezing 
temperatures, which can result in jamming of the actuators. These 
conditions, if not corrected, can result in asymmetric deployment of 
the speed brakes during flight and consequent reduced controllability 
of the airplane; or failure of the ground spoilers to deploy during 
landing or rejected takeoff, which could result in increased aircraft 
stopping distances.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-27-0029, dated November 10, 
1997, which describes procedures for draining and sealing of the ground 
spoiler and speed brake actuators.
    EMBRAER has also issued Service Bulletins 145-27-0013 and 145-27-
0014, both dated August 20, 1997, which describe procedures for 
replacement of the spoiler actuator assembly and the speed brake 
actuator assembly with modified actuator assemblies. Accomplishment of 
the actions specified in the service bulletins is intended to 
adequately address the identified unsafe condition.
    The DAC classified these service bulletins as mandatory and issued 
Brazilian airworthiness directive 97-10-04 (undated) in order to assure 
the continued airworthiness of these airplanes in Brazil.

FAA's Conclusions

    This airplane model is manufactured in Brazil and is type 
certificated for operation in the United States under the provisions of 
Sec. 21.29 of the Federal

[[Page 12610]]

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. The FAA has examined the findings of the DAC, reviewed all 
available information, and determined that AD action is necessary for 
products of this type design that are certificated for operation in the 
United States.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, this AD is being issued to prevent asymmetric 
deployment of the speed brakes during flight and consequent reduced 
controllability of the airplane; or failure of the ground spoilers to 
deploy during landing or rejected takeoff, which could result in 
increased aircraft stopping distances. This AD requires accomplishment 
of the actions specified in the service bulletins described previously.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found 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

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 98-NM-64-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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

    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

    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. Section 39.13 is amended by adding the following new 
airworthiness directive:

98-06-19  Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-10397. Docket 98-NM-64-AD.

    Applicability: Model EMB-145 series airplanes, serial numbers 
145004 through 145018 inclusive; equipped with a speed brake 
actuator assembly having part number 360540-1001, or a spoiler 
actuator assembly having part number 360440-1001; certificated in 
any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (e) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent asymmetric deployment of the speed brakes during 
flight and consequent reduced controllability of the airplane; or 
failure of the ground spoilers to deploy during landing or rejected 
takeoff, which could result in increased aircraft stopping 
distances; accomplish the following:
    (a) Within 400 flight hours after the effective date of this AD, 
drain and seal the ground spoiler and speed brake actuators in 
accordance with EMBRAER Service Bulletin 145-27-0029, dated November 
10, 1997.
    (b) Within 90 days after the effective date of this AD, replace 
the spoiler actuator assembly and the speed brake actuator assembly 
with modified actuator assemblies in accordance with EMBRAER Service 
Bulletins 145-27-0013, and 145-27-0014, both dated August 20, 1997.
    (c) Airplanes on which the replacements required by paragraph 
(b) of this AD are performed within the compliance time specified in 
paragraph (a) of this AD are not required to accomplish the action 
required by paragraph (a).
    (d) As of the effective date of this AD, no person shall install 
a ground spoiler actuator assembly having part number 360440-1001, 
or speed brake actuator assembly having part number 360540-1001, on 
any airplane.
    (e) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Atlanta Aircraft Certification 
Office (ACO), FAA, Small Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who

[[Page 12611]]

may add comments and then send it to the Manager, Atlanta ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

    (f) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (g) The actions shall be done in accordance with EMBRAER Service 
Bulletin 145-27-0029, dated November 10, 1997; EMBRAER Service 
Bulletin 145-27-0013, dated August 20, 1997; and EMBRAER Service 
Bulletin 145-27-0014, dated August 20, 1997. 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. Copies may be 
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. 
Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the FAA, Small Airplane 
Directorate, Atlanta Aircraft Certification Office, One Crown 
Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

    Note 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 97-10-04 (undated).

    (h) This amendment becomes effective on March 31, 1998.

    Issued in Renton, Washington, on March 9, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-6499 Filed 3-13-98; 8:45 am]
BILLING CODE 4910-13-U