[Federal Register Volume 66, Number 162 (Tuesday, August 21, 2001)]
[Rules and Regulations]
[Pages 43768-43770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20806]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-249-AD; Amendment 39-12395; AD 2001-17-04]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135ER and -135LR Series Airplanes, and Model EMB-
145, -145ER, -145MR, and -145LR 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-135ER and -135LR series 
airplanes, and Model EMB-145, -145ER, -145MR, and -145LR series 
airplanes. This action requires a one-time visual inspection to 
determine if the two bonding jumpers that connect the horizontal 
stabilizer to the vertical stabilizer are properly installed, and 
replacement of the jumper with a new jumper, if necessary. This action 
also requires a one-time visual inspection to determine if the supports 
that connect the bonding jumpers to the horizontal stabilizer are 
deformed, and corrective actions, if necessary. This action is 
necessary to prevent severed bonding jumpers in the event of a 
lightning strike, which could result in reduced elevator control 
capability, and consequent reduced controllability of the airplane. 
This action is intended to address the identified unsafe condition.

DATES: Effective September 5, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 5, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before September 20, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-249-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. 2001-NM-249-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 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, 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: Robert Capezzuto, Aerospace Engineer, 
Systems and Flight Test Branch, ACE-116A, FAA, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia 30349; telephone (770) 703-6071; 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 Empresa Brasileira de 
Aeronautica S.A. (EMBRAER) Model EMB-135ER and -135LR series airplanes, 
and Model EMB-145, -145ER, -145MR, and -145LR series airplanes. The DAC 
advises that, during a post-lightning strike inspection of a Model EMB-
145 series airplane, the bonding jumpers that electrically bond the 
vertical and horizontal stabilizers were found to be severed. In 
addition, one elevator cable was severed and the other elevator cable 
had arcing damage. The inspection revealed that the bonding jumpers 
were overstretched and subsequently severed during the lightning 
strike. When the bonding jumpers severed, they made contact with the 
elevator cables, which resulted in damage to the elevator cables. This 
condition, if not corrected, could result in reduced elevator control 
capability, and consequent reduced controllability of the airplane, due 
to severed bonding jumpers.

Explanation of Relevant Service Information

    EMBRAER has issued Alert Service Bulletin 145-55-A025, dated June 
5, 2001, which describes procedures for performing a one-time general 
visual inspection to determine if the two

[[Page 43769]]

bonding jumpers that connect the horizontal to the vertical stabilizers 
are properly installed (not misaligned, damaged, or showing signs of 
previous elongation), and replacing the bonding jumper with a new 
jumper, if necessary. The alert service bulletin also specifies 
procedures for determining if the mechanical tension between the 
bonding jumpers and the reference line is 5 millimeters or less, and 
corrective action (replacing the bonding jumper), if necessary. 
Additionally, the alert service bulletin describes procedures for 
performing a one-time general visual inspection to determine if the 
supports that connect the bonding jumpers to the horizontal stabilizer 
are deformed, cracked, or ruptured. The alert service bulletin 
describes corrective actions to repair or replace the connecting 
support with a new connecting support, as applicable. Accomplishment of 
the actions specified in the alert service bulletin is intended to 
adequately address the identified unsafe condition. The DAC classified 
this alert service bulletin as mandatory and issued Brazilian 
airworthiness directive 2001-06-03, dated June 13, 2001, 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 severed 
bonding jumpers, which could result in reduced elevator control 
capability, and consequent reduced controllability of the airplane. 
This AD requires accomplishment of the actions specified in the alert 
service bulletin described previously, except as discussed below.

Difference Between This AD and the EMBRAER Alert Service Bulletin

    The EMBRAER alert service bulletin specifies that any bonding 
jumper that is mechanically tensioned outside the limits specified in 
the alert service bulletin may be replaced within the next 100 flight 
hours after the inspection. This AD, however, requires that the 
replacement of a bonding jumper, if necessary, must be accomplished 
before further flight after the inspection. In developing an 
appropriate compliance time for this AD, the FAA considered not only 
the DAC's requirements in the Brazilian airworthiness directive and the 
manufacturer's recommendations, but the degree of urgency associated 
with addressing the subject unsafe condition, the average utilization 
of the affected fleet, and the time necessary to perform the inspection 
(less than one hour). In light of all of these factors, the FAA finds 
that the ``before further flight'' compliance time, in this case, to be 
warranted.

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.
    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 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 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 2001-NM-249-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

[[Page 43770]]

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:

2001-17-04  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-12395. Docket 2001-NM-249-AD.
    Applicability: Model EMB-135ER and -135LR series airplanes, and 
Model EMB-145, -145ER, -145MR, and -145LR series airplanes, as 
listed in EMBRAER Alert Service Bulletin 145-55-A025, dated June 5, 
2001; 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 severing of the bonding jumpers that connect the 
vertical stabilizer to the horizontal stabilizer, which could result 
in reduced elevator control capability, and consequent reduced 
controllability of the airplane; accomplish the following:

Inspection of the Bonding Jumpers

    (a) Within the next 100 flight hours after the effective date of 
this AD, perform a detailed visual inspection to determine if the 
two bonding jumpers that connect the horizontal to the vertical 
stabilizers are properly installed, per EMBRAER Alert Service 
Bulletin 145-55-A025, dated June 5, 2001.

    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.''

Follow-on Action

    (b) If both bonding jumpers are installed properly, before 
further flight, determine if the jumpers are mechanically tensioned 
to a slack distance of 5 millimeters (mm) or less between the 
reference line and the jumper as specified in View E of EMBRAER 
Alert Service Bulletin 145-55-A025, dated June 5, 2001.
    (1) If any slack distance is 5 mm or less, before further 
flight, replace the bonding jumper with a new jumper having part 
number (P/N) LN926416X165, per the alert service bulletin.
    (2) If any slack distance is 6 mm or more, at the time specified 
in paragraph (d) of this AD, accomplish those actions specified in 
paragraph (d) of this AD.

Corrective Actions

    (c) If either bonding jumper is not installed properly (e.g., 
misaligned, signs of previous elongation, or damage), before further 
flight, replace the bonding jumper with a new jumper having P/N 
LN926416X165, in accordance with EMBRAER Alert Service Bulletin 145-
55-A025, dated June 5, 2001.

Inspection of the Connecting Supports

    (d) Within the next 100 flight hours after the effective date of 
this AD, perform a detailed visual inspection to determine if the 
supports that connect the bonding jumpers to the horizontal 
stabilizers are deformed, cracked, or ruptured, per EMBRAER Alert 
Service Bulletin 145-55-A025, dated June 5, 2001.
    (1) If no deformation is detected, no further action is required 
by this paragraph.
    (2) If any connecting support having deformation of 30 degrees 
or less has any sign of a painting discrepancy, before further 
flight, repaint the support per the alert service bulletin. The 
support must remain in the position it was found, as specified in 
the alert service bulletin.
    (3) If any connecting support is deformed above 30 degrees or 
any signs of cracking or ruptures are detected, before further 
flight, replace the connecting support with a new support per the 
alert 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 Alert 
Service Bulletin 145-55-A025, dated June 5, 2001. 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: The subject of this AD is addressed in Brazilian 
airworthiness directive 2001-06-03, dated June 13, 2001.

Effective Date

    (h) This amendment becomes effective on September 5, 2001.

    Issued in Renton, Washington, on August 13, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-20806 Filed 8-20-01; 8:45 am]
BILLING CODE 4910-13-U