[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]
BILLING CODE 4910-13-M