[Federal Register Volume 67, Number 84 (Wednesday, May 1, 2002)]
[Rules and Regulations]
[Pages 21572-21575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10275]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-111-AD; Amendment 39-12733; AD 2002-08-21]
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.

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

SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain EMBRAER Model EMB-135ER and ``135LR series 
airplanes, and Model EMB-145, -145ER, -145MR, and -145LR series 
airplanes, that currently requires a one-time inspection to determine 
if the bonding jumpers that connect the horizontal stabilizer to the 
vertical stabilizer are properly installed, a one-time inspection to 
determine if the supports that connect the bonding jumpers to the 
horizontal stabilizer are deformed, and corrective actions if 
necessary. This amendment requires new repetitive inspections to detect 
discrepancies of both vertical-to-horizontal stabilizer bonding jumpers 
and the connecting support structure; and corrective action, if 
necessary. This amendment also revises the applicability to include 
additional airplanes. The actions specified in this AD are intended to 
prevent damaged or severed bonding jumpers, which, in the event of a 
lightning strike, could result in severed elevator control cables and 
consequent reduced elevator control capability and reduced 
controllability of the airplane. This AD is intended to address the 
identified unsafe condition.

DATES: Effective May 16, 2002.
    The incorporation by reference of EMBRAER Alert Service Bulletin 
145-55-A028, dated April 10, 2002, as listed in the regulations, is 
approved by the Director of the Federal Register as of May 16, 2002.
    The incorporation by reference of EMBRAER Alert Service Bulletin 
145-55-A025, dated June 5, 2001, as listed in the regulations, was 
approved previously by the Director of the Federal Register as of 
September 5, 2001 (66 FR 43768, August 21, 2001).
    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-111-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. 2002-NM-111-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), PO 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 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: Rob Capezutto, Senior 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: On August 13, 2001, the FAA issued AD 2001-
17-04, amendment 39-12395 (66 FR 43768, August 21, 2001), applicable to 
certain EMBRAER Model EMB-135ER and -135LR series airplanes, and Model 
EMB-145, -145ER, -145MR, and -145LR series airplanes. That AD 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. That AD 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. That AD was prompted by a report indicating that a post-
lightning strike inspection of a Model EMB-145 series airplane revealed 
that the bonding jumpers that electrically bond the vertical and 
horizontal stabilizers were severed, the elevator cables were damaged, 
one elevator cable was severed, and the other elevator cable had arcing 
damage. The actions required by that AD are intended to prevent reduced 
elevator control capability, and consequent reduced controllability of 
the airplane, due to severed bonding jumpers.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the Departmento de Aviacao Civil 
(DAC), which is the airworthiness authority for Brazil, has advised 
that a recent lightning strike event occurred on a Model EMB-145 series 
airplane. Subsequent inspection revealed that both bonding jumpers of 
the horizontal-to-vertical stabilizer were severed; the control cables 
of the left lower and right upper elevators near the rear sectors on 
the horizontal-to-vertical stabilizer were also severed. The results of 
the inspection indicated that one of the bonding jumpers may have been 
damaged or severed prior to the lightning strike, which could have 
resulted in the lightning current path traveling through the elevator 
control cables. The airplane involved in the lightning strike event had 
been inspected at the factory using the procedures specified in EMBRAER 
Alert Service Bulletin 145-55-A025, dated June 5, 2001, which is 
required by AD 2001-17-04. Because certain airplanes had already been 
inspected per EMBRAER Alert Service Bulletin 145-55-A025 at the 
factory, they were therefore not subject to the requirements of that 
AD. In light of this information,

[[Page 21573]]

the FAA finds that all EMBRAER Model EMB-145 and -135 series airplanes 
are subject to the identified unsafe condition. The applicability of 
this AD has been revised accordingly.

Explanation of Relevant Service Information

     The manufacturer has issued EMBRAER Alert Service Bulletin 
145-55-A028, dated April 10, 2002, which describes the following 
procedures:
     Repetitive visual inspections of both bonding jumpers of 
the horizontal-to-vertical stabilizer to detect overstretching, 
fraying, or other damage; and misalignment or other incorrect 
installation;
     Repetitive visual inspections of the two supports that 
connect the bonding jumpers to the horizontal stabilizer to detect 
deformation and signs of cracks or ruptures; and
     Inspection of any discrepant support to assess the general 
condition of its paint.
    The alert service bulletin also describes procedures for corrective 
actions, which include replacing any discrepant part with a new one and 
restoring the support paint. The DAC classified this alert service 
bulletin as mandatory and issued Brazilian emergency airworthiness 
directive 2001-06-03 R1, dated April 11, 2002, to ensure the continued 
airworthiness of these airplanes in Brazil.
    Alert Service Bulletin 145-55-A028 refines the procedures specified 
in EMBRAER Alert Service Bulletin 145-55-A025 (which is cited in AD 
2001-17-04 as the appropriate source of service information for the 
one-time inspection and associated follow-on actions). In addition, 
Alert Service Bulletin 145-55-A028 recommends that the inspection be 
repeated at regular intervals. In other respects, the procedures 
specified in the two alert service bulletins are similar.

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 supersedes AD 2001-17-04 to continue to 
require a one-time inspection to assess the installation of the bonding 
jumpers that connect the horizontal stabilizer to the vertical 
stabilizer, a one-time inspection to determine if the supports that 
connect the bonding jumpers to the horizontal stabilizer are deformed, 
and corrective actions if necessary. This AD also requires 
accomplishment of the repetitive inspections and corrective actions if 
necessary, per EMBRAER Alert Service Bulletin 145-55-A028, as described 
previously, except as discussed below. This AD also requires that 
operators report the results of each new repetitive inspection to the 
DAC.

Differences Between AD and Alert Service Bulletin

    This AD requires accomplishment of the initial inspection within 
100 flight hours, although EMBRAER Alert Service Bulletin 145-55-A028 
specifies an initial compliance time of 200 flight hours. The FAA and 
the DAC have determined that a 200-flight-hour compliance time will not 
address the identified unsafe condition in a timely manner. In 
developing an appropriate compliance time for this AD, the FAA 
considered the recommendations of both the DAC and the manufacturer, 
the degree of urgency associated with addressing the identified unsafe 
condition, the average utilization of the affected fleet, and the time 
necessary to perform the inspection (about 2 hours). In light of all of 
these factors, the FAA finds a 100-flight-hour initial compliance time 
warranted because it represents an appropriate interval of time 
allowable for affected airplanes to continue to operate without 
compromising safety.
    In addition, this AD requires that the inspection required by this 
AD be performed immediately following a lightning strike or the removal 
of the horizontal stabilizer, the horizontal stabilizer actuator, or 
either seal fairing. The Brazilian emergency airworthiness directive 
does not specifically mandate an immediate inspection under those 
circumstances. This AD includes these requirements to ensure that the 
inspections are performed and reports are submitted following any of 
these maintenance procedures or any lightning strike event.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

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

[[Page 21574]]

statement is made: ``Comments to Docket 2002-NM-111-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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-12395 (66 FR 
43768, August 21, 2001), and by adding a new airworthiness directive 
(AD), amendment 39-12733, to read as follows:

2002-08-21  Empresa Brasileira De Aeronautica S.A. (Embraer): 
Amendment 39-12733. Docket 2002-NM-111-AD. Supersedes AD 2001-17-04, 
Amendment 39-12395.

    Applicability: All Model EMB-135 and-145 series airplanes, 
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 per paragraph (j) 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 damaged or severed bonding jumpers, which, in the 
event of a lightning strike, could result in severed elevator 
control cables and consequent reduced elevator control capability 
and reduced controllability of the airplane, accomplish the 
following:

Restatement of Requirements of AD 2001-17-04

Inspection of the Bonding Jumpers

    (a) For airplanes subject to the requirements of AD 2001-17-04, 
amendment 39-12395: Except as provided by paragraph (f) of this AD, 
within the next 100 flight hours after September 5, 2001 (the 
effective date of AD 2001-17-04), 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) For airplanes subject to the requirements of paragraph (a) 
of this AD: 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) For airplanes subject to the requirements of paragraph (a) 
of this AD: 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, per EMBRAER Alert Service Bulletin 145-55-A025, 
dated June 5, 2001.

Inspection of the Connecting Supports

    (d) For airplanes subject to the requirements of AD 2001-17-04: 
Within the next 100 flight hours after September 5, 2001, 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.

New Requirements of This AD

    (e) For airplanes subject to the requirements of AD 2001-17-04: 
If the inspection required by paragraph (f) of this AD is performed 
before the inspections specified in paragraphs (a) and (d) of this 
AD, it is not necessary to perform the inspections specified in 
paragraphs (a) and (d) of this AD.

Repetitive Inspections

    (f) For all airplanes: Except as required by paragraphs (g) and 
(h) of this AD, within 100 flight hours after the effective date of 
this AD, perform a detailed visual inspection as specified in 
paragraphs (f)(1) and (f)(2) of this AD, per EMBRAER Alert Service 
Bulletin 145-55-A028, dated April 10, 2002. If any discrepancy is 
found during any inspection required by this paragraph: Before 
further flight, perform applicable corrective actions (including 
replacing any discrepant part with a new part and restoring the 
support painting) per the alert service bulletin. Repeat the 
inspection at least every 800 flight hours, except as provided by 
paragraphs (g) and (h) of this AD. Submit a report after each 
inspection per paragraph (i) of this AD.
    (1) Inspect both bonding jumpers of the vertical-to-horizontal 
stabilizer to detect discrepancies (including overstretching, 
fraying, or other damage; and misaligned or otherwise incorrectly 
installed bonding jumper terminals).
    (2) Inspect the connecting support structure to detect 
deformation or signs of cracks or ruptures, and, before further 
flight, inspect the general conditions of the paint of any 
discrepant support.

[[Page 21575]]

Conditional Requirements for Immediate Inspection

    (g) Notwithstanding the requirements of paragraph (f) of this 
AD: Before further flight following removal of any parts identified 
in paragraphs (g)(1), (g)(2), and (g)(3) of this AD, perform the 
inspection specified in paragraph (f) of this AD. The task numbers 
below are identified in EMBRAER Aircraft Maintenance Manuals AMM-
145/1124 and AMM-145/1230.
    (1) The horizontal stabilizer (as specified in EMBRAER Airplane 
Maintenance Manual (AMM) task number 55-10-00-000-801-A).
    (2) The horizontal stabilizer actuator (as specified in AMM task 
number 27-40-02-000-801-A).
    (3) The left-hand or right-hand seal fairings (as specified in 
AMM task number 55-36-00-020-002-A00).
    (h) Before further flight following a lightning strike, perform 
a ``Lightning Strike--Inspection Check'' and applicable corrective 
actions, per AMM task number 05-50-01-06.

    Note 3: Following accomplishment of an inspection per paragraph 
(g) or (h) of this AD, the repetitive interval of the next 
inspection may be extended to 800 flight hours after accomplishment 
of the inspection required by paragraph (g) or (h) of this AD, as 
applicable.

Reporting Requirement

    (i) At the applicable time specified in paragraph (i)(1) or 
(i)(2) of this AD: Submit a report of the results (both positive and 
negative findings) of each inspection required by paragraphs (f), 
(g), and (h) of this AD to CTA-IFI-FDH, PO Box 6001, 12231-970--Sao 
Jose dos Campos-SP, Brazil; fax 55 (12) 3941-4766. Each report must 
include the inspection results, a description of any discrepancy 
found, the airplane serial number, and the number of total flight 
cycles and flight hours on the airplane. Information collection 
requirements contained in this AD have been approved by the Office 
of Management and Budget (OMB) under the provisions of the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been 
assigned OMB Control Number 2120-0056.
    (1) For airplanes on which the initial inspection required by 
paragraph (f), (g), or (h) of this AD is accomplished AFTER the 
effective date of this AD: Submit the report for that inspection 
within 30 days after the initial inspection, and submit a report 
thereafter within 30 days after each subsequent inspection.
    (2) For airplanes on which the initial inspection required by 
paragraph (f), (g), or (h) of this AD was accomplished BEFORE the 
effective date of this AD: Submit the report within 30 days after 
the effective date of this AD, and submit a report thereafter within 
30 days after each subsequent inspection.

Alternative Methods of Compliance

    (j) 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 4: 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

    (k) Special flight permits may be issued per 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

    (l) Except as required by paragraphs (g) and (h) of this AD: The 
actions must be done per EMBRAER Alert Service Bulletin 145-55-A025, 
dated June 5, 2001; and EMBRAER Alert Service Bulletin 145-55-A028, 
dated April 10, 2002; as applicable.
    (1) The incorporation by reference of EMBRAER Alert Service 
Bulletin 145-55-A028, dated April 10, 2002, is approved by the 
Director of the Federal Register, per 5 U.S.C. 552(a) and 1 CFR part 
51.
    (2) The incorporation by reference of EMBRAER Alert Service 
Bulletin 145-55-A025, dated June 5, 2001, was approved previously by 
the Director of the Federal Register as of September 5, 2001 (66 FR 
43768, August 21, 2001).
    (3) Copies may be obtained from Empresa Brasileira de 
Aeronautica S.A. (EMBRAER), PO 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 5: The subject of this AD is addressed in Brazilian 
emergency airworthiness directive 2001-06-03 R1, dated April 11, 
2002.

Effective Date

    (m) 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. 02-10275 Filed 4-30-02; 8:45 am]
BILLING CODE 4910-13-P