[Federal Register Volume 64, Number 55 (Tuesday, March 23, 1999)]
[Rules and Regulations]
[Pages 13892-13894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6981]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-33-AD; Amendment 39-11087; AD 99-05-04]
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 document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 99-05-04 that was sent previously 
to all known U.S. owners and operators of all EMBRAER Model EMB-145 
series airplanes by individual notices.
    This AD requires repetitive inspections to detect cracking or 
failure of the rod ends of the aileron power control actuator (PCA), 
and corrective actions, if necessary. This action is prompted by 
issuance of mandatory continuing airworthiness information by a foreign 
civil airworthiness authority. The actions specified by this AD are 
intended to detect and correct cracking or failure of the rod ends of 
the aileron PCA, which could result in reduced controllability of the 
airplane.

DATES: Effective March 29, 1999, to all persons except those persons to 
whom it was made immediately effective by emergency AD 99-05-04, issued 
February 19, 1999, which contained the requirements of this amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 29, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before April 22, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-33-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056.
    The applicable service information 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: Curtis Jackson, Aerospace Engineer, 
Airframe and Propulsion Branch, ACE-117A, FAA, Small Airplane 
Directorate, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30337-2748; 
telephone (770) 703-6076; fax (770) 703-6097.

SUPPLEMENTARY INFORMATION: On February 19, 1999, the FAA issued 
emergency AD 99-05-04, which is applicable to all EMBRAER Model EMB-145 
series airplanes.
    The Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, recently notified the FAA that an unsafe 
condition may exist on all EMBRAER Model EMB-145 series airplanes. The 
DAC advises that rod ends of the aileron power control actuator (PCA) 
failed on two airplanes. One rod end cracked and failed at the aileron 
connection point, and one at the wing connection point. Such failure of 
the rod ends of the aileron PCA, if not corrected, could result in 
reduced controllability of the airplane.

Explanation of Relevant Service Information

    EMBRAER has issued Alert Service Bulletin 145-27-A054, Change 01, 
dated February 17, 1999, which describes procedures for repetitive 
detailed visual inspections to detect cracking or failure of the rod 
ends of the PCA at the aileron and wing connection points, and 
corrective actions, if necessary. The DAC classified this alert service 
bulletin as mandatory and issued Brazilian airworthiness directive 
1999-02-01R1, dated February 18, 1999, 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 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 the Requirements of the Rule

    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design registered in the United 
States, the FAA issued emergency AD 99-05-04 to detect and correct 
cracking or failure of the rod ends of the aileron PCA, which could 
result in reduced controllability of the airplane. The AD requires 
repetitive detailed visual inspections to detect cracking or failure of 
the rod ends of the aileron PCA, and corrective actions, if necessary. 
The actions are required to be accomplished in accordance with the 
alert service bulletin described previously.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Determination of Rule's Effective Date

    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual notices 
issued on February 19, 1999, to all known U.S. owners and operators of 
all EMBRAER Model EMB-145 series airplanes. These conditions still 
exist, and the AD is hereby published in the Federal Register as an 
amendment to

[[Page 13893]]

section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to 
make it effective as to all persons.

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 99-NM-33-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:

99-05-04  Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-11087. Docket 99-NM-33-AD.

    Applicability: All Model EMB-145 series airplanes, 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 (d) 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 detect and correct cracking or failure of the rod ends of the 
aileron power control actuator (PCA), which could result in reduced 
controllability of the airplane, accomplish the following:

Initial and Repetitive Inspections

    (a) Within 24 hours (1 day) after the effective date of this AD, 
perform a detailed visual inspection to detect cracking or failure 
of the rod ends of the PCA at the aileron and wing connection 
points, in accordance with EMBRAER Alert Service Bulletin 145-27-
A054, Change 01, dated February 17, 1999. Repeat the inspection in 
accordance with the alert service bulletin thereafter at intervals 
not to exceed 3 days or 25 flight hours, whichever occurs later.

Corrective Actions

    (b) If any cracked or failed rod end is detected during any 
inspection performed in accordance with paragraph (a) of this AD, 
prior to further flight, replace the aileron PCA with a new part 
having the same part number, in accordance with EMBRAER Alert 
Service Bulletin 145-27-A054, Change 01, dated February 17, 1999.

Reporting Requirement

    (c) Within 10 days after the replacement of any aileron PCA in 
accordance with paragraph (b) of this AD, submit a report of the 
cracked or failed rod end to the Manager, Atlanta Aircraft 
Certification Office (ACO), FAA, Small Airplane Directorate, One 
Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 
30349; fax (770) 703-6097. Information collection requirements 
contained in this regulation have been approved by the Office of 
Management and Budget (OMB) under the provisions of the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been 
assigned OMB Control Number 2120-0056.

Alternative Methods of Compliance

    (d) 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 ACO. Operators shall submit 
their requests through an appropriate FAA Principal Maintenance 
Inspector, who 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.

Special Flight Permits

    (e) 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.

Incorporation by Reference

    (f) Except as provided by paragraph (c) of this AD, the actions 
shall be done in accordance with EMBRAER Alert Service Bulletin 145-
27-A054, Change 01, dated February 17, 1999. 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,

[[Page 13894]]

Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Small Airplane Directorate, Atlanta ACO, 
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 1999-02-01R1, dated February 18, 1999.

    (g) This amendment becomes effective on March 29, 1999, to all 
persons except those persons to whom it was made immediately 
effective by emergency AD 99-05-04, issued February 19, 1999, which 
contained the requirements of this amendment.

    Issued in Renton, Washington, on March 16, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-6981 Filed 3-22-99; 8:45 am]
BILLING CODE 4910-13-U