[Federal Register Volume 67, Number 142 (Wednesday, July 24, 2002)]
[Rules and Regulations]
[Pages 48366-48368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18028]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-131-AD; Amendment 39-12825; AD 2002-14-25]
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 supersedes an existing airworthiness directives
(AD), applicable to certain EMBRAER Model EMB-135 and -145 series
airplanes, that currently 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 amendment expands the
applicability in the existing AD. This amendment is prompted by
issuance of mandatory continuing airworthiness information by a civil
airworthiness authority. The actions specified in this AD are intended
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 would result in high pitch control forces and consequent reduced
controllability of the airplane. This action is needed to address the
identified unsafe condition.
DATES: Effective August 8, 2002.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 8, 2002.
The incorporation by reference of certain other publications, as
listed in the regulations, was approved previously by the Director of
the Federal Register as of May 16, 2002 (67 FR 21567), May 1, 2002).
Comments for inclusion in the Rules Docket must be received on or
before September 23, 2002.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-131-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may abe 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:
9/[email protected]. Comments sent via fax or the Internet must
contain ``Docket No. 202-NM-131-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 Braileira 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-
[[Page 48367]]
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 April 19, 2002, the FAA issued AD 2002-
08-18, amendment 39-12730 (65 FR 21567, May 1, 2002), applicable to
certain EMBRAER Model EMB-135 and -145 series airplanes, to require
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.
The actions required by that AD are intended 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.
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 revised the
Brazilian airworthiness directive referenced in the existing AD to
expand the applicability to include all airplanes equipped with certain
actuators of the horizontal stabilizer. The DAC issued Brazilian
airworthiness directive 2001-10-02R2, dated May 6, 2002, in order to
assure the continued airworthiness of these airplanes in Brazil.
In addition, the manufacturer has issued EMBRAER Service Bulletin
145-27-0082, Change No. 01, dated December 13, 2001. Change No. 01
clarifies certain accomplishment instruments and adds certain airplanes
to the effectivity of the original version of the service bulletin. AD
2002-08-18 cites the original version of EMBRAER Service Bulletin 145-
27-0082, dated September 18, 2001, as the appropriate source of service
information for accomplishment of the requirements.
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 2002-08-18 to continue to
require 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 AD expands the applicability in the existing AD.
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:
Organized 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-131-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. 100(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing amendment 39-12730 (67 FR
21567, May 1, 2002), and by adding a new airworthiness directive (AD),
amendment 39-12825, to read as follows:
2002-14-25 Empresa Brasileira De Aeronautica S.A. (Embraer):
amendment 39-128.25 Docket 2002-NM-131-AD. Supersedes AD 2002-08-18,
Amendment 39-12730.
Applicability: Model EMB-135 and -145 series airplanes;
certificated in any category; equipped with horizontal stabilizer
actuators as listed in Embraer Service Bulletin 145-27-0082, Change
No. 01, dated December 13, 2001.
[[Page 48368]]
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 (d)(1)
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:
Requirements of AD 2002-08-18, Amendment 39-12739
Repetitive Inspectors (Tests)/Replacement
(a) For airplanes subject to the requirements of AD 2002-08-18,
within 800 flight hours after May 16, 2002 (the effective date of AD
2002-08-18): 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, or Change No. 01,
dated December 13, 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.
New Requirements of This AD
(b) For airplanes other than those identified in paragraph (a)
of this AD, 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, or Change No. 01, dated December
13, 2001. Repeat the test their 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
per the service bulletin, 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
(c) 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 is inspected as required
by paragraph (a) of this AD.
Alternative Methods of Compliance
(d)(1) 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.
(2) Alternative methods of compliance, approved previously per
AD 2002-08-18, amendment 39-12730, are approved as alternative
methods of compliance with this AD.
Note 2: Information concerning the existing of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
Special Flight Permits
(e) 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
(f) Except as provided by paragraph (a)(1) of this AD, the
actions shall be done in accordance with EMBRAER Service Bulletin
145-27-0082, dated September 18, 2001; or EMBRAER Service Bulletin
145-27-0082, Change No. 01, dated December 13, 2001.
(1) The incorporation by reference of EMBRAER Service Bulletin
145-27-0082, Change No. 01, dated December 13, 2001, is approved by
the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
(2) The incorporation by reference of EMBRAER Service Bulletin
145-27-0082, dated September 18, 2001, was approved previously by
the Director of the Federal Register as of May 16, 2002 (67 FR
21567, May 1, 2002.)
(3) Copies may be obtained from Empresa Brasileira de
Aeronautics S.A. (EMBRAER), P.O. Box 343-CEP 12.225, San 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 2001-10-02R2, dated May 6, 2002.
Effective Date
(g) This amendment becomes effective on August 8, 2002.
Issued in Renton, Washington, on July 11, 2002.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 02-18028 Filed 7-23-02; 8:45 am]
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