[Federal Register Volume 66, Number 36 (Thursday, February 22, 2001)]
[Rules and Regulations]
[Pages 11103-11105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3849]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-256-AD; Amendment 39-12121; AD 2001-04-03]
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.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-145 series airplanes, that 
requires 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. This amendment is prompted by issuance 
of mandatory continuing airworthiness information by a foreign 
airworthiness authority. The actions specified by this AD are 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: Effective March 29, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 29, 2001.

ADDRESSES: 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 Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, 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: 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-145 
series airplanes was published in the Federal Register on December 8, 
2000 (65 FR 76950). That action proposed to 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 71 airplanes of U.S. registry will be 
affected by this AD.
    The initial inspection will 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 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
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                                                                             Cost of      Cost of
                           Action                              Work hours     labor/       parts/       Cost/
                                                                             airplane     airplane     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 requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this 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 adopted herein will not have a substantial direct 
effect on the States, on the relationship between

[[Page 11104]]

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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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:

2001-04-03  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-12121. 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,           [Reserved]               [Reserved]               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.
                                       (ii) 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       [Reserved].............  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.
----------------------------------------------------------------------------------------------------------------


[[Page 11105]]

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 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 
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

    (g) The actions shall be done in accordance with EMBRAER Service 
Bulletin 145-55-0009, Change No. 02, dated May 19, 2000. 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, 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 4: A portion of the subject of this AD is addressed in 
Brazilian airworthiness directive No. 98-05-02, dated May 28, 1998.

Effective Date

    (h) This amendment becomes effective on March 29, 2001.

    Issued in Renton, Washington, on February 9, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-3849 Filed 2-21-01; 8:45 am]
BILLING CODE 4910-13-U