[Federal Register Volume 65, Number 237 (Friday, December 8, 2000)]
[Proposed Rules]
[Pages 76950-76953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31318]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / 
Proposed Rules  

[[Page 76950]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-256-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-145 
series airplanes. This proposal would require inspection of the bolts 
on the hinge fittings that attach the spring tab and the servo tab to 
the rear spar of the elevators for evidence of loosening; inspection of 
the region of the hinge fittings on the spring tab for interference of 
the bonding jumpers attached to the hinge fittings with the leading 
edge of the spring tab; and corrective action, if necessary. The 
proposal is prompted by issuance of mandatory continuing airworthiness 
information by a foreign airworthiness authority. The action specified 
by the proposed AD is intended to prevent the spring tab or the servo 
tab from becoming disconnected, resulting in structural failure. The 
action is also intended to prevent damage to the leading edge of the 
spring tab, which could result in loss of control of the elevator.

DATES: Comments must be received by January 8, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-256-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-256-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule 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, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia.

FOR FURTHER INFORMATION CONTACT: Viswa Padmanabhan, Aerospace Engineer, 
ACE-117A, FAA, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone 
(770) 703-6049; fax (770) 703-6097.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-256-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2000-NM-256-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    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-145 series airplanes. The DAC 
reported an instance of the loosening of the bolts on the hinge 
fittings which attach the spring tab and the servo tab to the rear spar 
of the elevators and indicated that the resulting loss of attachment 
rigidity may lead to undesirable levels of vibration. The DAC also 
notified the FAA that the bonding jumpers held in position by bolts on 
the hinge fittings may interfere with the leading edge of the spring 
tab.
    The actions specified by the proposed AD are intended to prevent 
the spring tab or the servo tab from becoming disconnected, resulting 
in structural failure. The actions are also intended to prevent damage 
to the leading edge of the spring tab, which could result in loss of 
control of the elevator.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-55-0009, Change No. 02, 
dated May 19, 2000, which describes procedures for a one-time 
inspection of

[[Page 76951]]

the bolts on the hinge fittings that attach the spring tab and the 
servo tab to the rear spars of the elevators for evidence of loosening. 
The service bulletin also describes procedures for a one-time 
inspection of the region of the hinge fittings on the spring tab for 
interference of the bonding jumpers with the leading edge of the spring 
tab.
    If no discrepancies are found, operators must perform follow-up 
repetitive inspections as specified in the service bulletin. If 
discrepancies are found, operators must perform modifications, such as 
replacing the bolts with improved bolts, installing washers, installing 
lockwire or changing its position, and changing the position of the 
bonding jumpers. Accomplishment of the actions specified in the service 
bulletin is intended to adequately address the identified unsafe 
condition.
    The DAC issued Brazilian airworthiness directive 98-05-02, dated 
May 28, 1998, which referred to Embraer Service Bulletin 145-55-0009, 
initial release or further revisions approved by the Brazilian 
airworthiness authority.

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 Requirements of Proposed 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, the proposed AD would require accomplishment of 
the actions specified in the service bulletin described previously, 
except as described below.

Differences Between Proposed Rule and Service Bulletin/Brazilian 
Airworthiness Directive

    The intervals between repetitive inspections in the proposed AD 
(stated in flight hours) differ from those recommended in the 
manufacturer's service bulletin (stated to coincide with operators' 
``A'' checks). However, because regularly scheduled maintenance 
intervals, such as ``A'' checks, may vary from operator to operator, 
there would be no assurance that the inspections would be accomplished 
during the maximum intervals proposed by this AD. These intervals are 
intended to maintain an adequate level of safety within the fleet.
    Another difference concerns the compliance time for accomplishment 
of the terminating action. The manufacturer's service bulletin 
recommends that, if no discrepancy is found during the initial 
inspection described in Part I, the terminating action described in 
Part II, III, or IV may be accomplished at any time, at the operator's 
discretion. However, the FAA has determined that requiring a specific 
compliance time is necessary to adequately address the identified 
unsafe condition. In developing an appropriate compliance time for this 
proposed AD, the FAA considered not only the manufacturer's 
recommendation, but also the degree of urgency associated with 
addressing the subject unsafe condition and the average utilization of 
the affected fleet. In light of these factors, the FAA finds a 
compliance time of 2,000 flight hours for accomplishing the terminating 
actions to be warranted, in that it represents an appropriate interval 
of time allowable for affected airplanes to continue to operate without 
compromising safety.
    Finally, Brazilian airworthiness directive 98-05-02 refers to 
EMBRAER Service Bulletin 145-55-0009, initial release, or further 
revision approved by the Brazilian airworthiness authority. The 
proposed AD refers to EMBRAER Service Bulletin 145-55-0009, Change No. 
2, dated May 19, 2000, which includes procedures for repetitive 
inspections for interference between the bonding jumpers and the 
leading edge of the spring tab.

Cost Impact

    The FAA estimates that 71 airplanes of U.S. registry would be 
affected by this proposed AD.
    The initial inspection would take 2 work hours per airplane at an 
average labor rate of $60 per hour. Based on these figures, the cost 
impact on U.S. operators of the initial inspection (Part I) specified 
in the proposed AD is estimated to be $8,520, or $120 per airplane.
    The cost impact on U.S. operators of follow-on actions is specified 
in the following table:

                                            Cost of follow-on actions
----------------------------------------------------------------------------------------------------------------
                                                                Cost of labor/   Cost of parts/
                   Action                        Work hours        airplane         airplane      Cost/airplane
----------------------------------------------------------------------------------------------------------------
Corrective action/ Part II..................                6             $360              $71             $431
Corrective action/ Part III.................                6              360                2              362
Repetitive inspection/ Part IV..............                3              180                0              180
----------------------------------------------------------------------------------------------------------------

    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this proposed AD were not adopted. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
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) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory

[[Page 76952]]

Flexibility Act. A copy of the draft regulatory evaluation prepared for 
this action is contained in the Rules Docket. A copy of it may be 
obtained by contacting the Rules Docket at the location provided under 
the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket 2000-NM-
256-AD.

    Applicability: Model EMB-145 series airplanes; serial numbers 
145004 through 145103 inclusive, 145105 through 145111 inclusive, 
and 145113 through 145117 inclusive; 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 the spring tab or the servo tab from becoming 
disconnected, resulting in structural failure, and to prevent damage 
to the leading edge of the spring tab, which could result in loss of 
control of the elevator, accomplish the following:

Inspection

    (a) Within 200 flight hours after the effective date of this AD, 
conduct a detailed visual inspection, as specified in paragraph 
(a)(1) or (a)(2) of this AD, as applicable, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-55-0009, 
Change No. 02, dated May 19, 2000.
    (1) For airplanes having serial numbers 145004 through 145055 
that have not been modified in accordance with EMBRAER Service 
Bulletin 145-55-0009, dated April 7, 1998: Inspect the bolts 
attaching the spring tab and servo tab hinge fittings to the rear 
spar of the left-hand and right-hand elevators for evidence of 
loosening.
    (2) For airplanes having serial numbers 145004 through 145103, 
145105 through 145111, and 145113 through 145117: Inspect the region 
of the hinge fittings on the spring tab for interference of the 
bonding jumper on the attaching bolts with the leading edge of the 
spring tab.

    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 mirror, magnifying lenses, etc., may be used. Surface cleaning 
and elaborate access procedures may be required.''

Modification

    (b) Perform follow-on corrective actions, as applicable, in 
accordance with EMBRAER Service Bulletin 145-55-0009, Change No. 02, 
dated May 19, 2000, as shown in the following table:

                                     Table 1.--Follow-on Corrective Actions
----------------------------------------------------------------------------------------------------------------
               If * * *                       And * * *                And * * *                Then * * *
----------------------------------------------------------------------------------------------------------------
(1) No discrepancy is found..........  .......................  .......................  Prior to further
                                                                                          flight, seal the bolt
                                                                                          heads and adjacent
                                                                                          hinge fitting
                                                                                          surfaces.
(2) Any loose bolt or any              The airplanes have       The airplanes have not   Prior to further
 interference of the bonding jumpers    serial numbers 145004    been modified in         flight, accomplish
 with the leading edge of the spring    through 145055,          accordance with          Part II of the service
 tab is found.                          inclusive.               EMBRAER Service          bulletin, including
                                                                 Bulletin 145-55-0009,    replacing bolts,
                                                                 dated April 7, 1998.     adding washers, and
                                                                                          changing the position
                                                                                          of the lockwire and
                                                                                          the bonding jumpers.
                                      --------------------------------------------------------------------------
                                       The airplanes have       The airplanes have been  Prior to further
                                        serial numbers 145004    modified in accordance   flight, accomplish
                                        through 145055,          with EMBRAER Service     Part III of the
                                        inclusive, and 145056    Bulletin 145-55-0009,    service bulletin,
                                        through 145076,          dated April 7, 1998.     including adding
                                        inclusive.                                        washers and changing
                                                                                          the position of the
                                                                                          lockwire and the
                                                                                          bonding jumpers.
                                      --------------------------------------------------------------------------
                                       The airplanes have       .......................  Prior to further
                                        serial numbers 145077                             flight, accomplish
                                        through 145103,                                   Part IV of the service
                                        inclusive; 145105                                 bulletin, including
                                        through 145111,                                   adding washers and
                                        inclusive; and 145113                             changing the position
                                        through 145117,                                   of the lockwire and
                                        inclusive.                                        the bonding jumpers.
----------------------------------------------------------------------------------------------------------------

Repetitive Inspections

    (c) Repeat the detailed visual inspection specified in paragraph 
(a) of this AD, at intervals not to exceed 400 flight hours.

Terminating Action

    (d) Within 2,000 flight hours from the effective date of this 
AD, accomplish Part II, III, or IV, as applicable, of the service 
bulletin.

Alternative Methods of Compliance

    (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. Operators shall submit their requests through

[[Page 76953]]

an appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Atlanta ACO.

    Note 3: 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

    (f) Special flight permits may be issued in accordance with 
Secs. 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.

    Note 4: A portion of the subject of this AD is addressed in 
Brazilian airworthiness directive No. 98-05-02, dated May 28, 2000.


    Issued in Renton, Washington, on December 4, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-31318 Filed 12-7-00; 8:45 am]
BILLING CODE 4910-13-U