[Federal Register Volume 67, Number 138 (Thursday, July 18, 2002)]
[Rules and Regulations]
[Pages 47251-47253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18026]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-129-AD; Amendment 39-12823; AD 2002-14-23]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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

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 a one-time inspection of the clutch 
assembly of the horizontal stabilizer actuator (HSA) to verify that at 
least one locking tab on the key washer is bent into the locking groove 
of the clutch nut, and follow-on actions. This action is necessary to 
prevent a loose or disengaged clutch nut on the HSA clutch assembly, 
which could result in loss of pitch trim and consequent reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Effective August 2, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 2, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before August 19, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-129-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 fax or the Internet must 
contain ``Docket No. 2002-NM-129-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; 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, on one airplane, a 
loose clutch nut has

[[Page 47252]]

been found on the clutch assembly of the primary horizontal stabilizer 
actuator (HSA). Investigation revealed that none of the locking tabs on 
the key washer for the HSA clutch assembly were bent into the locking 
groove of the clutch nut. This condition, if not corrected, could 
result in a loose or disengaged clutch nut on the HSA clutch assembly, 
which could result in loss of pitch trim and consequent reduced 
controllability of the airplane.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-27-0088, dated February 1, 
2002, which specifies a visual inspection to verify that at least one 
locking tab on the key washer for the HSA clutch assembly is bent into 
the locking groove of the clutch nut. The EMBRAER service bulletin 
refers to Parker Service Bulletin 362200-27-231, dated December 21, 
2001, as the appropriate source of service information for 
accomplishment of this inspection. (A copy of the Parker service 
bulletin is contained within the EMBRAER service bulletin.) The Parker 
service bulletin describes procedures for the visual inspection, as 
well as for follow-on actions. If at least one locking tab is bent into 
the locking groove of the clutch nut, follow-on actions include an 
inspection for damage of the O-ring at the base of the HSA motor, 
replacement of the O-ring if necessary, and an inspection of the 
sealing surface for damage. If no locking tab is bent into the locking 
groove of the clutch nut, the Parker service bulletin specifies to 
replace the HSA assembly with a serviceable HSA assembly. 
Accomplishment of the actions specified in these service bulletins is 
intended to adequately address the identified unsafe condition. The DAC 
classified the EMBRAER service bulletin as mandatory and issued 
Brazilian airworthiness directive 2002-04-01, dated April 24, 2002, to 
ensure 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 
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 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 a loose or 
disengaged clutch nut on the HSA clutch assembly, which could result in 
loss of pitch trim and consequent reduced controllability of the 
airplane. This AD requires accomplishment of the actions specified in 
the EMBRAER service bulletin described previously, except as discussed 
below.

Differences Between the Service Information, the Brazilian 
Airworthiness Directive, and This AD

    The EMBRAER service bulletin and the Brazilian airworthiness 
directive described previously refer to a ``visual'' inspection. For 
the purposes of this AD, the FAA has determined that the inspection 
procedures in the service bulletins constitute a ``detailed 
inspection.'' Note 2 of this AD defines such an inspection.
    Further, the follow-on actions in the service information include 
inspections for damage (e.g., nicks, tears, scarring) of the O-ring at 
the base of the HSA motor and the sealing surface of the HSA housing. 
While the service information does not identify the type of inspections 
that are necessary, we have determined that detailed inspections are 
necessary.
    Also, the service information does not specify a corrective action 
if any damage of the sealing surface of the HSA housing is found during 
the follow-on inspection of that area. We find it necessary to require 
replacement of the HSA assembly with a serviceable assembly if any 
damage to the sealing surface of the housing is found. The replacement 
of the HAS assembly has been coordinated and concurred with by the DAC.
    The applicability for the Brazilian airworthiness directive 
includes ``all EMBRAER EMB-135 and -145 series airplanes,'' but also 
specifies a preliminary verification of the part numbers and serial 
numbers of the HSAs installed on those models. However, for this AD, we 
have determined that it will be more clear to identify affected 
airplanes in the same way they are identified in the EMBRAER service 
bulletin. The effectivity of that service bulletin lists airplanes 
equipped with HSAs having certain part numbers and serial numbers, but 
does not provide for preliminary verification of HSA part numbers and 
serial numbers as the Brazilian airworthiness directive does.

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-129-AD.'' The postcard will be date stamped 
and returned to the commenter.

[[Page 47253]]

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 adding the following new 
airworthiness directive:

2002-14-23  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-12823. Docket 2002-NM-129-AD.
    Applicability: Model EMB-135 and -145 series airplanes, 
certificated in any category; equipped with horizontal stabilizer 
actuator (HSA) assemblies having part numbers and serial numbers as 
listed in EMBRAER Service Bulletin 145-27-0088, dated February 1, 
2002.

    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 a loose or disengaged clutch nut on the HSA clutch 
assembly, which could result in loss of pitch trim and consequent 
reduced controllability of the airplane, accomplish the following:

Detailed Inspection and Follow-On Actions

    (a) Within 30 days after the effective date of this AD, perform 
a one-time detailed inspection of the HSA clutch assembly to verify 
that at least one locking tab on the key washer is bent into the 
locking groove of the clutch nut, per EMBRAER Service Bulletin 145-
27-0088, dated February 1, 2002.

    Note 2: For the purposes of this AD, a detailed 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.''


    Note 3: EMBRAER Service Bulletin 145-27-0088 refers to Parker 
Service Bulletin 362200-27-231, dated December 21, 2001, as the 
appropriate source of service information for accomplishment of the 
inspection described in paragraph (a) of this AD. A copy of the 
Parker service bulletin is contained within the EMBRAER service 
bulletin.

    (1) If at least one locking tab is bent into the locking groove 
of the clutch nut: Before further flight, perform all applicable 
follow-on actions per the service bulletin. The follow-on actions 
include a detailed inspection for damage (e.g., nicks, tears, 
scarring) of the O-ring at the base of the HSA motor, replacement of 
the O-ring with a new O-ring if any damage is found, and a detailed 
inspection for damage (e.g., nicks, tears, scarring) of the sealing 
surface. If any damage is found on the sealing surface, before 
further flight, replace the HSA assembly with a serviceable 
assembly, per the service bulletin.
    (2) If no locking tab is bent into the locking groove of the 
clutch nut: Before further flight, replace the HSA assembly with a 
serviceable HSA assembly, per the service bulletin.

Spares

    (b) As of the effective date of this AD, no person may install 
on any airplane an HSA assembly with a part number and serial number 
included in the applicability statement of this AD, unless the HSA 
assembly has been inspected according to paragraph (a) of this AD 
and found to have at least one locking tab bent into the locking 
groove of the clutch nut.

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 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

    (d) 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.

Incorporation by Reference

    (e) The actions shall be done in accordance with EMBRAER Service 
Bulletin 145-27-0088, dated February 1, 2002. 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; 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 
airworthiness directive 2002-04-01, dated April 24, 2002.

Effective Date

    (f) This amendment becomes effective on August 2, 2002.

    Issued in Renton, Washington, on July 11, 2002.
Lirio Liu-Nelson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-18026 Filed 7-17-02; 8:45 am]
BILLING CODE 4910-13-P