[Federal Register Volume 68, Number 3 (Monday, January 6, 2003)]
[Rules and Regulations]
[Pages 488-490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-149]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-348-AD; Amendment 39-13008; AD 2002-26-51]
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 document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 2002-26-51 that was sent 
previously to all known U.S. owners and operators of certain EMBRAER 
Model EMB-135 and -145 series airplanes by individual notices. This AD 
requires revising the Limitations Section of the Airplane Flight Manual 
to advise the flightcrew of the possibility of locking of the elevator 
during takeoff and to provide the appropriate procedures to prevent it. 
This action is prompted by a report indicating that the elevator locked 
during the takeoff run on a Model EMB-145 series airplane. The actions 
specified by this AD are intended to prevent locking of the elevator 
during takeoff, which could result in loss of controllability of the 
airplane.

DATES: Effective January 13, 2003, to all persons except those persons 
to whom it was made immediately effective by emergency AD 2002-26-51, 
issued December 20, 2002, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before February 5, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-348-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-348-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.
    Information pertaining to this amendment may be examined at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Bob Breneman, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1263; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: On December 20, 2002, the FAA issued 
emergency AD 2002-26-51, which is applicable to certain EMBRAER Model 
EMB-135 and -145 series airplanes.

Background

    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 received a report indicating that the elevator 
locked during the takeoff run on a Model EMB-145 series airplane. The 
locking was caused by a restart of the locking sequence, which was 
initiated by a rearward movement of the gust lock lever (and aggravated 
by a possible ineffective plunger spring) after the elevator had been 
unlocked. Locking

[[Page 489]]

of the elevator during takeoff could result in loss of controllability 
of the airplane.
    The DAC issued Brazilian airworthiness directive 2002-12-03, dated 
December 20, 2002, in order to ensure the continued airworthiness of 
these airplanes in Brazil.

FAA's Determination

    In light of this information, the FAA finds that certain procedures 
must be included in the AFM for Model EMB-135 and -145 series airplanes 
to provide the flightcrew with appropriate procedures for preventing a 
locked elevator during takeoff. The FAA has determined that such 
procedures currently are not defined adequately in the AFM for these 
airplanes.

FAA's Conclusions

    This airplane model is manufactured in Brazil and is 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 the Requirements of the Rule

    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design registered in the United 
States, the FAA issued emergency AD 2002-26-51 to prevent locking of 
the elevator during takeoff, which could result in loss of 
controllability of the airplane. The AD requires revising the 
Limitations Section of the Airplane Flight Manual to advise the 
flightcrew of the possibility of locking of the elevator during takeoff 
and to provide the appropriate procedures to prevent it. This AD is 
consistent with the Brazilian airworthiness directive.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider additional rulemaking.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual notices 
issued on December 20, 2002, to all known U.S. owners and operators of 
certain EMBRAER Model EMB-135 and -145 series airplanes. These 
conditions still exist, and the AD is hereby published in the Federal 
Register as an amendment to section 39.13 of the Federal Aviation 
Regulations (14 CFR 39.13) to make it effective as to all persons.

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.
    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-348-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, 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:

2002-26-51 Empresa Brasileira de Aeronautica S.A. (Embraer): 
Amendment 39-13008. Docket 2002-NM-348-AD.

    Applicability: Model EMB-135 and -145 series airplanes, 
certificated in any category, equipped with an electromechanical 
gust lock system.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent locking of the elevator during takeoff, which could 
result in loss of controllability of the airplane, accomplish the 
following:
    (a) Within 24 clock hours after receipt of this AD, revise the 
Limitations Section of the Airplane Flight Manual (AFM) to include 
the following statement. This may be accomplished by inserting a 
copy of this AD in the AFM.
    ``Every single time the gust lock lever is set to the unlocked 
position, the elevator movement must be checked. This check must be 
performed no sooner than 10 seconds after positioning the gust lock 
lever to the fully forward unlocked position by moving the

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control column from the full up stop and to the full down stop and 
back to the full up stop.''

Alternative Methods of Compliance

    (b) 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, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Operations Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 1: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (c) 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.

    Note 2: The subject of this AD is addressed in Brazilian 
airworthiness directive 2002-12-03, dated December 20, 2002.

    (d) This amendment becomes effective on January 13, 2003, to all 
persons except those persons to whom it was made immediately 
effective by emergency AD 2002-26-51, issued December 20, 2002, 
which contained the requirements of this amendment.

    Issued in Renton, Washington, on December 30, 2002.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-149 Filed 1-3-03; 8:45 am]
BILLING CODE 4910-13-P