[Federal Register Volume 67, Number 84 (Wednesday, May 1, 2002)]
[Rules and Regulations]
[Pages 21567-21569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10246]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-68-AD; Amendment 39-12730; AD 2002-08-18]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and -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 -145 series 
airplanes. This action requires repetitive inspections (tests) of the 
actuator clutches of the primary and backup pitch trim systems of the 
horizontal stabilizer for proper pitch trim indications, and 
replacement of the actuator, if necessary. This action is necessary to 
prevent loss of pitch trim command during the takeoff and climb phase 
of flight due to improper set point of the actuator clutches, which 
could result in high pitch control forces and consequent reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Effective May 16, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 16, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before May 31, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-68-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 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 the Internet must contain 
``Docket No. 2002-NM-68-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or 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 EMBRAER Model EMB-135 
and -145 series airplanes. The DAC advises that reports have been 
received indicating loss of the set point of the actuator clutches of 
the primary and backup systems of the horizontal stabilizer. This 
condition, if not corrected, could result

[[Page 21568]]

in loss of pitch trim command during the takeoff and climb phase of 
flight, which could result in high pitch control forces and consequent 
reduced controllability of the airplane.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-27-0082, dated September 
18, 2001, which describes procedures for inspections (tests) of the 
actuator clutches of the primary and backup pitch trim systems of the 
horizontal stabilizer for proper pitch trim indications, and 
replacement of the actuator, if necessary. The service bulletin 
describes the test for proper pitch trim indications of the primary 
pitch trim system as applying sequential nose-up trim commands (maximum 
of four attempts) of 3 seconds each from the pilot or co-pilot yoke 
trim switch, until a PIT TRIM 1 INOP or PIT TRIM 2 INOP message 
appears, which indicates that the clutch is acceptable. The test for 
proper pitch trim indications of the backup pitch trim system is the 
same, but is done using either the main or backup trim switches. If 
there is no message and the measured voltage during the trimming 
attempts is greater than 1 volt, the clutch is slipping and the 
actuator must be replaced with an improved actuator.
    The DAC classified this service bulletin as mandatory and issued 
Brazilian airworthiness directive 2001-10-02R1, dated February 4, 2002, 
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 requires accomplishment of the actions 
specified in the service bulletin described previously.

Applicability

    Brazilian airworthiness directive 2001-10-02, dated November 15, 
2001, was superseded by airworthiness directive 2001-10-02R1, dated 
February 4, 2002, to remove airplane serial number 145499 from the 
serial numbers listed in the applicability. That serial number has not 
yet been removed from the effectivity specified in the referenced 
service bulletin. Therefore, the applicability specified in this AD is 
identical to that in airworthiness directive 2001-10-02R1.

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 2002-NM-68-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:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

[[Page 21569]]

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2002-08-18  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-12730. Docket 2002-NM-68-AD.

    Applicability: Model EMB-135 and -145 series airplanes; 
certificated in any category; serial numbers 145004 through 145189 
inclusive; 145191 through 145362 inclusive; 145364 through 145373 
inclusive; 145375 through 145411 inclusive; 145413 through 145461 
inclusive; 145463 through 145468 inclusive; 145470; 145472 through 
145482 inclusive; 145485, 145486, and 145488; 145490 through 145494 
inclusive; 145496 through 145498 inclusive; 145500 through 145502 
inclusive; 145504 and 145507; 145508 through 145512 inclusive; 
145514, 145515, 145517, and 145518.

    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 loss of pitch trim command during the takeoff and 
climb phase of flight due to improper set point of the actuator 
clutches of the horizontal stabilizer, which could result in high 
pitch control forces and consequent reduced controllability of the 
airplane, accomplish the following:

Repetitive Inspections (Tests)/Replacement

    (a) Within 800 flight hours after the effective date of this AD: 
Do an inspection (test) of the actuator clutches of both the primary 
and backup pitch trim systems of the horizontal stabilizer for 
proper pitch trim indications per EMBRAER Service Bulletin 145-27-
0082, dated September 18, 2001. Repeat the test after that every 
2,000 flight hours.
    (1) If either test indicates that the clutch is slipping (no PIT 
TRIM 1 INOP or PIT TRIM 2 INOP message appears, and the measured 
voltage during trim attempts is greater than 1 volt), before further 
flight, replace the applicable actuator with an improved actuator 
and before further flight, repeat the test.
    (2) If both tests indicate that the clutch is acceptable (PIT 
TRIM 1 INOP or PIT TRIM 2 INOP message appears), repeat the test at 
the time specified in paragraph (a) of this AD.

Spares

    (b) As of the effective date of this AD, no person shall install 
an actuator having part number 362200-1007, -1009, -1011, or -1013 
on any airplane, unless the actuator clutch has been inspected as 
required by paragraph (a) of 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. 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

    (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 Service 
Bulletin 145-27-0082, dated September 18, 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 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 2001-10-02R1, dated February 4, 2002.

Effective Date

    (f) This amendment becomes effective on May 16, 2002.

    Issued in Renton, Washington, on April 19, 2002.
Lirio Liu-Nelson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-10246 Filed 4-30-02; 8:45 am]
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