[Federal Register Volume 68, Number 26 (Friday, February 7, 2003)]
[Rules and Regulations]
[Pages 6347-6350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2783]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-326-AD; Amendment 39-13048; AD 2003-03-23]
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 adopts a new airworthiness directive (AD) that 
is applicable to certain EMBRAER Model EMB-135 and -145 series 
airplanes. This action requires replacement of the horizontal 
stabilizer control units (HSCUs) with new upgraded HSCUs, and 
corrective actions if necessary. This action is necessary to prevent 
reversal of the pilot's pitch trim command for the horizontal 
stabilizer, which could result in reduced controllability of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Effective February 24, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 24, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before March 10, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-326-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 the Internet must contain 
``Docket No. 2002-NM-326-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or 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; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Robert D. 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: 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, during EMBRAER 
production flight tests on a Model EMB-145 airplane, there were two 
occurrences of pitch trim system malfunction. Such malfunction resulted 
in reversed actuation of the horizontal stabilizer surface in response 
to nose down pitch trim command through the yoke switches. 
Investigation has revealed that the pitch trim system malfunction is 
due to failure of an internal component of the horizontal stabilizer 
control unit (HSCU). Reversal of the pilot's pitch trim command for the 
horizontal stabilizer could result in reduced controllability of the 
airplane.

Issuance of Brazilian Airworthiness Directives

    The DAC issued emergency Brazilian airworthiness directive 2001-12-
04, dated December 21, 2001, to address the identified unsafe condition 
on airplanes of Brazilian registry. As interim action to alleviate the 
identified unsafe condition, EMBRAER and Parker Hannifin (the 
manufacturer of the subject HSCUs) had developed a ``burn-in'' test 
designed to identify discrepant HSCUs. The ``burn-in'' test had already 
been accomplished on six airplanes of U.S. registry, and no discrepant 
HSCUs were found. Therefore, the FAA did not issue a corresponding AD.
    Subsequently, the DAC issued two Brazilian airworthiness 
directives: 2001-12-04R1, dated March 11, 2002, and 2001-12-04R2, dated 
May 27, 2002, which require replacement of certain HSCUs with new 
upgraded HSCUs.

Explanation of Relevant Service Information

    EMBRAER has issued the following service bulletins:
    [sbull] Service Bulletin 145-27-0091, Change 01, dated June 17, 
2002; and

[[Page 6348]]

Change 02, dated November 27, 2002. These service bulletin changes 
describe procedures for replacing the horizontal stabilizer actuator 
(HSA) with a new HSA having a modified clutch with a higher breakout 
torque set point. Change 02 revises the service bulletin effectivity.
    [sbull] Service Bulletin 145-27-0092, Change 01, dated May 2, 2002; 
and Change 02, dated August 26, 2002. Among other things, these service 
bulletin changes describe procedures for replacing certain HSCUs with 
new upgraded HSCUs; and corrective actions, if necessary. For airplanes 
on which certain replacement HSCUs are used, corrective actions include 
replacement of the HSA with a new HSA that has a modified clutch with a 
higher breakout torque set point, and replacement of two pitch trim 
circuit breakers with new circuit breakers that are sized for the new 
system load capacity. Change 02 revises the service bulletin 
effectivity.
    Accomplishment of the actions specified in these service bulletins 
is intended to adequately address the identified unsafe condition. The 
DAC classified these service bulletins as mandatory and issued 
Brazilian airworthiness directive 2001-12-04R2, described previously, 
in order to assure 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 
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 is being issued to prevent reversal of 
the pilot's pitch trim command for the horizontal stabilizer, which 
could result in reduced controllability of the airplane. This AD 
requires replacement of certain HSCUs with new upgraded HSCUs, and 
corrective actions if necessary. The actions are required to be 
accomplished in accordance with the service bulletins described 
previously, except as described below.

Clarifications/Differences Between This AD and the Brazilian 
Airworthiness Directives

    Brazilian airworthiness directive 2001-12-04R1, dated March 11, 
2002, specified that corrective actions must be accomplished ``before 
June 15, 2002,'' which is equivalent to a compliance time of 
approximately 90 days. However, when Brazilian airworthiness directive 
2001-12-04R2 was issued on May 27, 2002, the same compliance date of 
June 15, 2002, was retained; this resulted in a compliance time of 
approximately 20 days. In developing an appropriate compliance time for 
this AD, the FAA considered the compliance times specified in the 
Brazilian airworthiness directives. We find that 90 days is appropriate 
for accomplishment of the replacement required by this AD, and that it 
accurately reflects the intent of the Brazilian airworthiness 
directives.
    In addition, Brazilian airworthiness directive 2001-12-04R2 
specifies that replacement action may be accomplished per EMBRAER 
Service Bulletin 145-27-0092, Change 01, ``or further revisions'' that 
are approved by the DAC. The FAA cannot approve the use of a document 
that does not yet exist because to do so would violate Office of the 
Federal Register regulations regarding approval of materials that are 
incorporated by reference. However, use of a later revision of the 
service bulletin could be approved as an alternative method of 
compliance per paragraph (d) of this AD. As described earlier, the FAA 
has approved the use of Change 02 of EMBRAER Service Bulletin 145-27-
0092 for accomplishment of the actions required by this AD.

Differences Between This AD, the Brazilian Airworthiness Directive, and 
EMBRAER Service Bulletin 145-27-0092

    The applicability of Brazilian airworthiness directive 2001-12-04R2 
specifies that the replacement must be accomplished on all EMBRAER 
Model EMB-135 and -145 series airplanes equipped with certain HSCUs 
having serial numbers (S/Ns) higher than 4000, including those S/Ns 
identified with an ``A'' suffix that were installed per Brazilian 
emergency airworthiness directive 2001-12-04. However, the effectivity 
of Changes 01 and 02 of EMBRAER Service Bulletin 145-27-0092 calls out 
certain airplanes by serial number, and does not specify HSCUs having 
an S/N with an ``A'' suffix. The applicability of this AD follows that 
of the Brazilian airworthiness directive with regard to including HSCUs 
with the ``A'' suffix designation; however, the applicability of this 
AD also specifies the airplane serial numbers called out in the service 
bulletin.
    Additionally, Changes 01 and 02 of EMBRAER Service Bulletin 145-27-
0092 specify the use of HSCU part numbers 362100-1007 MOD.0 and 362100-
1007 interchangeably. Those revisions of the service bulletin also 
specify the use of HSCU part numbers 362100-5009 MOD.0 and 362100-5009 
interchangeably. However, paragraphs (a)(1) and (a)(3) of this AD 
correspond to the Brazilian airworthiness directive by using the term 
``MOD.0.''

Difference Between This AD and EMBRAER Service Bulletin 145-27-0092

    Changes 01 and 02 of EMBRAER Service Bulletin 145-27-0092 specify 
replacement of certain HSCUs with the kits listed in the service 
bulletin, or with ``alternative or similar parts approved by EMBRAER.'' 
However, this AD requires replacement with a new upgraded HSCU, and 
does not allow the use of alternative or similar parts approved by 
EMBRAER.

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

[[Page 6349]]

additional rulemaking action would be needed.
    Submit comments using the following format:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the AD is 
being requested.
    [sbull] 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-326-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 adding the following new 
airworthiness directive:

2003-03-23 Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-13048. Docket 2002-NM-326-AD.

    Applicability: Model EMB-135 and -145 series airplanes, having 
serial numbers as listed in EMBRAER Service Bulletin 145-27-0092, 
Change 02, dated August 26, 2002; and other Model EMB-135 and -145 
series airplanes that have been equipped with a horizontal 
stabilizer control unit (HSCU) having part number (P/N) 362100-1007 
MOD.1, P/N 362100-1009 MOD.0, or P/N 362100-5009 MOD.0; and having a 
serial number (S/N) above 4000, including S/Ns identified with an 
``A'' suffix that were installed per emergency Brazilian 
airworthiness directive 2001-12-04, dated December 21, 2001; 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 reversal of the pilot's pitch trim command for the 
horizontal stabilizer, which could result in reduced controllability 
of the airplane, accomplish the following:

Part I: HSCU Replacement

    (a) Within 90 days after the effective date of this AD, replace 
the HSCU with a new upgraded HSCU having the P/N identified in 
paragraphs (a)(1), (a)(2), and (a)(3) of this AD, as applicable; per 
Figure 1 and Part I of the Accomplishment Instructions of EMBRAER 
Service Bulletin 145-27-0092, Change 01, dated May 2, 2002; or 
Change 02, dated August 26, 2002.
    (1) Replace HSCU P/N 362100-1007 MOD.1 with a new upgraded HSCU 
having P/N 362100-1007 MOD.0 or MOD.2, P/N 362100-1009 MOD.1, or P/N 
362100-5009 MOD.1.
    (2) Replace HSCU P/N 362100-1009 MOD.0 with a new upgraded HSCU 
having P/N 362100-1009 MOD.1, or P/N 362100-5009 MOD.1.
    (3) Replace HSCU P/N 362100-5009 MOD.0 with a new upgraded HSCU 
having P/N 362100-5009 MOD.1.

Part II: Corrective Actions

    (b) For airplanes on which a new upgraded HSCU having P/N 
362100-1009 MOD.1 or 362100-5009 MOD.1 has been installed per 
paragraph (a)(1) of this AD: Concurrently with the requirements of 
paragraph (a) of this AD, do paragraphs (b)(1) and (b)(2) of this 
AD.
    (1) Replace the horizontal stabilizer actuator (HSA) with a new 
HSA per the Accomplishment Instructions of EMBRAER Service Bulletin 
145-27-0091, Change 01, dated June 17, 2002; or Change 02, dated 
November 27, 2002.
    (2) Replace the pitch trim circuit breakers with new circuit 
breakers per the Accomplishment Instructions of EMBRAER Service 
Bulletin 145-27-0092, Change 01, dated May 2, 2002; or Change 02, 
dated August 26, 2002.

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

    Note 2: 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

    (d) 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.

Incorporation by Reference

    (e) The actions shall be done in accordance with EMBRAER Service 
Bulletin 145-27-0091, Change 01, dated June 17, 2002; EMBRAER 
Service Bulletin 145-27-0091, Change 02, dated November 27, 2002; 
EMBRAER Service Bulletin 145-27-0092, Change 01, dated May 2, 2002; 
and EMBRAER Service Bulletin 145-27-0092, Change 02, dated August 
26, 2002; as applicable; which contain the specified list of 
effective pages:

[[Page 6350]]



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  Service bulletin reference and                            Change level shown on
               date                       Page No.                   page                 Date shown on page
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EMBRAER Service Bulletin 145-27-    1-2.................  01.......................  June 17, 2002.
 0091, June 17, 2002.               3-11................  Original.................  Feb. 8, 2002.
-----------------------------------
EMBRAER Service Bulletin 145-27-    1-2.................  02.......................  Nov. 27, 2002.
 0091, November 27, 2002.           3-11................  Original.................  Feb. 8, 2002.
-----------------------------------
EMBRAER Service Bulletin 145-27-    1-2, 7-10, 35-36, 41- 01.......................  May 2, 2002.
 0092, May 2, 2002.                  42.                  Original.................  Feb. 6, 2002.
                                    3-6, 11-34, 37-40...
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EMBRAER Service Bulletin 145-27-    1-2.................  02.......................  Aug. 26, 2002.
 0092, August 26, 2002.             7-10, 35-36, 41-42..  01.......................  May 2, 2002.
                                    3-6, 11-34, 37-40...  Original.................  Feb. 6, 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; 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 2001-12-04R2, dated May 27, 2002.

Effective Date

    (f) This amendment becomes effective on February 24, 2003.

    Issued in Renton, Washington, on January 30, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-2783 Filed 2-6-03; 8:45 am]
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