[Federal Register Volume 68, Number 82 (Tuesday, April 29, 2003)]
[Rules and Regulations]
[Pages 22585-22587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10236]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-64-AD; Amendment 39-13132; AD 2003-09-03]
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 repetitive inspections of the spring 
cartridges of the elevator gust lock system to determine if the lock 
washer projection correctly fits the slots in the cartridge flange, and 
corrective action if necessary. This action also provides for optional 
terminating action for certain airplanes. This action is necessary to 
prevent the elevator from jamming due to the spring cartridges 
unscrewing in the gust lock system, which could result in reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Effective May 14, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 14, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before May 29, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-64-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. 2003-NM-64-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; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Departmento de Aviacao Civil (DAC), 
which is the airworthiness authority for Brazil, notified the FAA that 
an unsafe condition may exist on certain EMBRAER Model EMB-135 and -145 
series airplanes. The DAC advises that there have been several cases 
involving the clevis unscrewing from the spring cartridge assembly of 
the electromechanical gust lock system on the elevator. Investigation 
revealed that the lock washer that prevents the clevis from becoming 
unscrewed did not properly fit the slots in the cartridge flange. This 
condition, if not corrected, could result in a jammed elevator and 
consequent reduced controllability of the airplane.

Explanation of Relevant Service Information

    The manufacturer has issued EMBRAER Service Bulletins 145LEG-27-
0006 (for Model EMB-135BJ series airplanes) and 145-27-0098 (for other 
Model EMB-135 series airplanes and Model EMB-145 series airplanes). The 
service bulletins are dated December 9, 2002, and describe procedures 
for:
    [sbull] Repetitive visual inspections of the spring cartridges of 
the elevator gust lock system to determine if the lock washer 
projection correctly fits the slots in the cartridge flange.
    [sbull] Replacement of discrepant spring cartridges with new parts 
having the same part number.
    [sbull] Optional removal of the spring cartridges on airplanes 
equipped with provisions for installing the gust lock system, which 
would eliminate the need for the repetitive inspections.
    Accomplishment of the actions specified in the service bulletins is 
intended to adequately address the identified unsafe condition. The DAC 
classified these service bulletins as mandatory and issued Brazilian 
airworthiness directive 2003-01-03, dated February 10, 2003, 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 the elevator 
from jamming due to the spring cartridges unscrewing in the gust lock 
system, which could result in reduced controllability of the airplane. 
This AD requires accomplishment of the actions specified in the service 
bulletins described previously, except that the inspection report 
recommended in the service bulletins is not required by this 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

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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:
    [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 2003-NM-64-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

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-09-03 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-13132. Docket 2003-NM-64-AD.

    Applicability: Model EMB-135 and -145 series airplanes, 
certificated in any category; having spring cartridges part number 
KPD2611 installed in the elevator gust lock system.

    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 within 30 days before the effective date of this AD.
    To prevent the elevator from jamming due to the spring 
cartridges unscrewing in the gust lock system, which could result in 
reduced controllability of the airplane, accomplish the following:

Inspection

    (a) For Model EMB-135BJ series airplanes: Within 30 days after 
the effective date of this AD, perform a general visual inspection 
of each spring cartridge of the elevator gust lock system to 
determine if the lock washer projection correctly fits the slots in 
the cartridge flange, in accordance with EMBRAER Service Bulletin 
145LEG-27-0006, dated December 9, 2002. Before further flight, 
replace any discrepant spring cartridge with a new part having the 
same part number, in accordance with the service bulletin. Repeat 
the inspection at least every 800 flight hours. Although the service 
bulletin recommends that operators report inspection results to 
EMBRAER, this AD does not require such a report.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (b) For airplanes not identified in paragraph (a) of this AD: At 
the applicable time specified in paragraph (b)(1) or (b)(2) of this 
AD, perform a general visual inspection of each spring cartridge of 
the elevator gust lock system to determine if the lock washer 
projection correctly fits the slots in the cartridge flange, in 
accordance with EMBRAER Service Bulletin 145-27-0098, dated December 
9, 2002. Repeat the inspection at least every 800 flight hours after 
the initial inspection. Although the service bulletin recommends 
that operators report inspection results to EMBRAER, this AD does 
not require such a report.
    (1) For airplanes equipped with an operational electromechanical 
gust lock system on the elevator: Inspect within 30 days after the 
effective date of this AD, in accordance with PART I of the service 
bulletin. Before further flight, replace any discrepant spring 
cartridge with a new part having the same part number, in accordance 
with PART I of the service bulletin.
    (2) For airplanes that are not equipped with an operational 
electromechanical gust lock system on the elevator, but that are 
equipped with provisions for the system: Inspect within 60 days 
after the effective date of this AD, in accordance with PART II of 
the service bulletin. Before further flight, replace any discrepant 
spring cartridge with a new part having the same part number, in 
accordance with PART II of the service bulletin. Alternatively, 
removal of the spring cartridges terminates the repetitive 
inspection requirement of this AD during the time the cartridges are 
removed.

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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be

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obtained from the International Branch, ANM-116.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
Sec. Sec.  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 145-27-0098, dated December 9, 2002; or EMBRAER Service 
Bulletin 145LEG-27-0006, dated December 9, 2002; as applicable. 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 4: The subject of this AD is addressed in Brazilian 
airworthiness directive 2003-01-03, dated February 10, 2003.

Effective Date

    (f) This amendment becomes effective on May 14, 2003.

    Issued in Renton, Washington, on April 21, 2003.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-10236 Filed 4-28-03; 8:45 am]
BILLING CODE 4910-13-P