[Federal Register Volume 65, Number 37 (Thursday, February 24, 2000)]
[Rules and Regulations]
[Pages 9217-9219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4115]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-370-AD; Amendment 39-11591; AD 2000-04-09]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and 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-135 and EMB-145 series 
airplanes. This action requires various inspections to detect 
discrepancies of the elevator servo tab and spring tab hinge fittings 
of the horizontal stabilizer, and follow-on corrective actions, if 
necessary. 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 the 
linkage of the elevator servo tab or spring tab hinge fittings from 
separating from the horizontal stabilizer, which could result in loss 
of control of the airplane.

DATES: Effective March 10, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 10, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before March 27, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-370-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: Satish Lall, 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) 703-6082; fax (770) 703-6097.

SUPPLEMENTARY INFORMATION: The Departmento de Aviacao Civil (DAC), 
which is the airworthiness authority for Brazil, notified the FAA that 
an unsafe condition may exist on certain EMBRAER Model EMB-135 and EMB-
145 series airplanes. The DAC advises that it has received a report of 
looseness of the hinge fitting attachment of the elevator spring tab of 
the horizontal stabilizer. The configuration of the hinge fitting 
attachment of the elevator servo tab is similar in design to that of 
the elevator spring tab. Therefore the elevator servo tab may be 
subject to the same unsafe condition reported on the elevator spring 
tab. The looseness was attributed to the incorrect installation of the 
attachment fasteners (two) to the tab upper skin. The loss of the 
fitting rigidity may cause damage to the other attachment fasteners 
(four) in the tab spar, which could cause the linkage of the elevator 
servo tab or spring tab hinge fittings to separate from the horizontal 
stabilizer. This condition, if not corrected, could result in loss of 
control of the airplane.

Explanation of Relevant Service Information

    The manufacturer has issued Embraer Alert Service Bulletin S.B. 
145-55-A022, Change 02, dated October 8, 1999, which describes 
procedures for various inspections to detect discrepancies of the 
elevator servo tab and spring tab hinge fittings of the horizontal 
stabilizer, and corrective actions, if necessary.
     Part I of the Accomplishment Instructions: Repetitive 
visual inspections to detect proper attachment (as specified in the 
alert service bulletin) of the left-and right-hand elevator servo tab 
and spring tab hinge fittings of the horizontal stabilizer, and follow-
on corrective actions, if necessary. The corrective actions involve 
replacing all affected tabs with new or serviceable tabs or 
accomplishing Part II of the Accomplishment Instructions.
     Part II of the Accomplishment Instructions: One-time 
visual inspection to detect relative movement between the servo tab 
center hinge fitting and the tab lower skin and spar, and between the 
spring tab inboard hinge fitting and the tab upper skin and spar, and 
corrective

[[Page 9218]]

actions, if necessary. The corrective actions involve replacing all 
affected tabs with new or serviceable tabs. Part II of the 
Accomplishment Instructions also includes procedures for accomplishing 
a rework and performing a boroscopic inspection to verify correct 
installation (as specified in the alert service bulletin) of the 
fasteners attaching the elevator servo tab and spring tab hinge 
fittings to the elevator servo tabs and spring tabs, and replacing the 
fasteners (one at a time) with new fasteners and washers, if necessary. 
The boroscopic inspection is repeated to ensure correct installation of 
all replaced fasteners.
    The DAC classified this alert service bulletin as mandatory and 
issued Brazilian airworthiness directive 1999-09-01R1, dated October 
25, 1999, in order to assure the continued airworthiness of these 
airplanes in Brazil.

FAA's Conclusions

    These airplane models 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 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 the linkage of 
the elevator servo tab or spring tab hinge fittings from separating 
from the horizontal stabilizer, which could result in loss of control 
of the airplane. This AD requires accomplishment of the actions 
specified in the alert service bulletin described previously, except as 
discussed below.

Interim Action

    This is considered to be interim action. The manufacturer has 
advised that it currently is developing a modification that will 
positively address the unsafe condition addressed by this AD. Once this 
modification is developed, approved, and available, the FAA may 
consider additional rulemaking.

Differences Between Rule and Related Service Information

    Operators should note that the parallel Brazilian airworthiness 
directive and the manufacturer's alert service bulletin allow the 
repetitive inspection interval to be increased from 100 flight hours to 
400 flight hours after accomplishing Part II (one-time detailed visual 
inspection and boroscopic inspection) of the Accomplishment 
Instructions of the alert service bulletin. However, this AD would 
allow the repetitive inspection interval to be increased to 400 flight 
hours following replacement of all elevator servo and spring tabs.
    In addition, the FAA has determined that it is not necessary to 
accomplish the rework and boroscopic inspection recommended by Part II 
of the Accomplishment Instructions of the alert service bulletin on any 
elevator servo and spring tabs which have been replaced in accordance 
with this AD. The FAA has determined that replacement of affected 
elevator servo and spring tabs adequately addresses the unsafe 
condition and ensures operational safety of the affected airplanes 
until final action can be identified.

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 99-NM-370-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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:


[[Page 9219]]


    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:

2000-04-09 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-11591. Docket 99-NM-370-AD.

    Applicability: Model EMB-135 and EMB-145 series airplanes, as 
listed in Embraer Alert Service Bulletin S.B. 145-55-A022, Change 
02, dated October 8, 1999; 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 (c) 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 the linkage of the elevator servo tab or spring tab 
hinge fittings from separating from the horizontal stabilizer, which 
could result in loss of control of the airplane, accomplish the 
following:

Detailed Visual Inspection

    (a) Within 10 flight hours after the effective date of this AD, 
perform a detailed visual inspection to verify proper attachment, as 
specified in the alert service bulletin, of the left- and right-hand 
elevator servo tab and spring tab hinge fittings of the horizontal 
stabilizer, in accordance with Part I of the Accomplishment 
Instructions of Embraer Alert Service Bulletin S.B. 145-55-A022, 
Change 02, dated October 8, 1999.

    Note 2: For the purposes of this AD, a detailed visual 
inspection is defined as: ``An intensive visual examination of a 
specific structural area, system, installation, or assembly to 
detect damage, failure, or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at 
intensity deemed appropriate by the inspector. Inspection aids such 
as mirrors, magnifying lenses, etc., may be used. Surface cleaning 
and elaborate access procedures may be required.''

    (1) If all elevator servo tab and spring tab hinge fittings are 
properly attached, as specified in the alert service bulletin, 
repeat the detailed visual inspection thereafter at intervals not to 
exceed 100 flight hours until the requirements of paragraph (b) of 
this AD are accomplished.
    (2) If any elevator servo tab or spring tab hinge fitting is 
improperly attached, as specified in the alert service bulletin, 
prior to further flight, accomplish the requirements of either 
paragraph (a)(2)(i) or (a)(2)(ii) of this AD.
    (i) Replace the affected tab with a new or serviceable tab in 
accordance with Part I of the Accomplishment Instruction of the 
alert service bulletin. Thereafter, repeat the detailed visual 
inspection required by paragraph (a) of this AD at intervals not to 
exceed 100 flight hours until the requirements of paragraph (b) of 
this AD are accomplished. Following replacement of all tabs, repeat 
the inspection required by paragraph (a) of this AD at intervals not 
to exceed 400 flight cycles; or
    (ii) Accomplish the requirements of paragraphs (b) of this AD.
    (b) For airplanes that have not replaced all elevator servo tabs 
and spring tabs: Within 400 flight hours after the effective date of 
this AD, perform a one-time detailed visual inspection to detect 
relative movement between the servo tab center hinge fitting and the 
tab lower skin and tab spar, and between the elevator spring tab 
inboard hinge fitting and the tab upper skin and tab spar, in 
accordance with Part II of the Accomplishment Instructions of 
Embraer Alert Service Bulletin S.B. 145-55-A022, Change 02, dated 
October 8, 1999.
    (1) If no relative movement is detected, prior to further 
flight, rework the elevator servo tabs and spring tabs and perform a 
boroscopic inspection to verify correct installation, as specified 
in the alert service bulletin, of the fasteners attaching the 
elevator servo tab and spring tab hinge fittings to the elevator 
servo tab and spring tab, in accordance with Part II of the 
Accomplishment Instruction of the alert service bulletin.
    (i) If all fasteners attaching the elevator servo tab and spring 
tab hinge fittings are installed correctly, repeat the inspection 
required by paragraph (a) of this AD at intervals not to exceed 400 
flight cycles.
    (ii) If any fastener attaching the elevator servo tab or spring 
tab hinge fittings is incorrectly installed, as specified in the 
alert service bulletin, prior to further flight, replace, one at a 
time, each affected fastener with a new fastener and washer, and 
prior to further flight, repeat the boroscopic inspection required 
by paragraph (b)(1) of this AD. When correct fastener installation 
is verified, repeat the inspection required by paragraph (a) of this 
AD at intervals not to exceed 400 flight cycles.

    Note 3: Replacement of the attaching fasteners one at a time 
will avoid the loss of the servo tab or spring tab hinge fittings 
position.

    (2) If any relative movement is detected, prior to further 
flight, replace the affected tab with a new or serviceable tab, in 
accordance with Part II of the Accomplishment Instructions of the 
alert service bulletin. Following replacement of all tabs, repeat 
the inspection required by paragraph (a) of this AD at intervals not 
to exceed 400 flight cycles.

    Note 4: Accomplishment of the actions required by this AD prior 
to the effective date of this AD, in accordance with Embraer Alert 
Service Bulletin S.B. 145-55-A022, dated September 24, 1999, or 
Revision 01, dated October 7, 1999, is considered acceptable for the 
compliance with the applicable actions specified by this AD.

Alternative Methods of Compliance

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

    Note 5: 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

    (d) 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

    (e) The actions shall be done in accordance with Embraer Alert 
Service Bulletin S.B. 145-55-A022, Change 02, dated October 8, 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, 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 6: The subject of this AD is addressed in Brazilian 
airworthiness directive 1999-09-01R1, dated October 25, 1999.

    (f) This amendment becomes effective on March 10, 2000.

    Issued in Renton, Washington, on February 15, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-4115 Filed 2-23-00; 8:45 am]
BILLING CODE 4910-13-U