[Federal Register Volume 68, Number 232 (Wednesday, December 3, 2003)]
[Proposed Rules]
[Pages 67613-67616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30116]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-178-AD]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), which is applicable to all Model EMB-135 
and -145 series airplanes. That AD currently requires repetitive 
inspections to detect discrepancies of both vertical-to-horizontal 
stabilizer bonding jumpers

[[Page 67614]]

and the connecting support structure, and corrective action if 
necessary. This action would require modification of the bonding 
jumpers, including the installation of a protective cover to the 
elevator control cables, which would terminate the requirements of the 
existing AD. The actions specified by the proposed AD are intended to 
prevent damaged or severed bonding jumpers, which, in the event of a 
lightning strike, could result in severed elevator control cables and 
consequent reduced elevator control capability and reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by January 2, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-178-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-178-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 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule 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.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    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 proposed 
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 proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-178-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-178-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On August 13, 2001, the FAA issued AD 2001-17-04, amendment 39-
12395 (66 FR 43678, August 21, 2001). That AD was superseded by AD 
2002-08-21, amendment 12733 (67 FR 21572, May 1, 2002).
    AD 2002-08-21 applies to all EMBRAER Model EMB-135 and -145 series 
airplanes. That AD requires repetitive inspections to detect 
discrepancies of both vertical-to-horizontal stabilizer bonding jumpers 
and the connecting support structure; and corrective action, if 
necessary. That action was prompted by issuance of mandatory continuing 
airworthiness information by the Departmento de Aviacao Civil (DAC), 
which is the airworthiness authority for Brazil. The requirements of AD 
2002-08-21 are intended to prevent damaged or severed bonding jumpers, 
which, in the event of a lightning strike, could result in severed 
elevator control cables and consequent reduced elevator control 
capability and reduced controllability of the airplane.

Actions Since Issuance of Previous Rule

    The preamble to AD 2002-08-21 explains that we consider those 
requirements ``interim action'' until we identify final action. We now 
have determined that further rulemaking is indeed necessary; this 
proposed AD follows from that determination.

Explanation of Relevant Service Information

    AD 2002-08-21 cites the original issue of EMBRAER Service Bulletin 
145-55-0028, dated April 10, 2002, as the appropriate source of service 
information for accomplishment of the repetitive inspections of 
paragraph (f) of AD 2002-08-21. Change 02 of the service bulletin, 
dated February 27, 2003, includes corrections of certain in-production 
effectivity and part number information, but doesn't change the 
procedures. The DAC classified this service bulletin as mandatory and 
issued Brazilian airworthiness directive 2001-06-03R2, dated June 24, 
2002, 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 
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 us informed of the 
situation described above. We have 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 Proposed 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, the proposed AD would supersede AD 2002-08-21 to 
continue to require repetitive inspections to detect discrepancies of 
both vertical-to-horizontal stabilizer bonding jumpers and the 
connecting support structure; and corrective action if necessary. The 
proposed AD would also require

[[Page 67615]]

modification of the bonding jumpers, including the installation of a 
protective cover to the elevator control cables, which would terminate 
the requirements of the existing AD. The proposed AD would remove the 
existing reporting requirement. The actions would be required to be 
accomplished in accordance with EMBRAER Service Bulletins 145-55-0025 
and 145-55-0028, described previously.

Explanation of Changes Made to Existing AD

    We have changed all references to a ``detailed visual inspection'' 
in the existing AD to ``detailed inspection'' in this proposed AD.
    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 360 airplanes of U.S. registry that would 
be affected by this proposed AD.
    The actions that are currently required by AD 2002-08-21 take 
approximately 2 work hours per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the currently required actions on U.S. operators is estimated 
to be $46,800, or $130 per airplane, per inspection cycle.
    The terminating action proposed in this AD action would take 
approximately 6 work hours per airplane, at an average labor rate of 
$65 per work hour. Required parts would cost approximately $206 per 
airplane. Based on these figures, the cost impact of the proposed 
requirements of this AD on U.S. operators is estimated to be $214,560, 
or $596 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted. The cost 
impact figures discussed in AD rulemaking actions represent only the 
time necessary to perform the specific actions actually required by the 
AD. These figures typically do not include incidental costs, such as 
the time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting 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.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 removing amendment 39-12733 (67 FR 
21572, May 1, 2002), and by adding a new airworthiness directive (AD), 
to read as follows:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 2002-NM-
178-AD. Supersedes AD 2002-08-21, Amendment 39-12733.

    Applicability: All Model EMB-135 and -145 series airplanes; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent damaged or severed bonding jumpers, which, in the 
event of a lightning strike, could result in severed elevator 
control cables and consequent reduced elevator control capability 
and reduced controllability of the airplane, accomplish the 
following:

Restatement of Requirements of AD 2002-08-21

Inspection of the Bonding Jumpers

    (a) For airplanes subject to the requirements of AD 2001-17-04, 
amendment 39-12395 (which was superseded by AD 2002-08-21, amendment 
12733): Except as provided by paragraph (f) of this AD, within the 
next 100 flight hours after September 5, 2001 (the effective date of 
AD 2001-17-04), perform a detailed inspection to determine if the 
two bonding jumpers that connect the horizontal to the vertical 
stabilizers are properly installed, per EMBRAER Alert Service 
Bulletin 145-55-A025, dated June 5, 2001.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Follow-On Action

    (b) For airplanes subject to the requirements of paragraph (a) 
of this AD: If both bonding jumpers are installed properly, before 
further flight, determine if the jumpers are mechanically tensioned 
to a slack distance of 5 millimeters (mm) or less between the 
reference line and the jumper as specified in View E of EMBRAER 
Alert Service Bulletin 145-55-A025, dated June 5, 2001.
    (1) If any slack distance is 5 mm or less, before further 
flight, replace the bonding jumper with a new jumper having part 
number (P/N) LN926416X165, per the alert service bulletin.
    (2) If any slack distance is 6 mm or more, at the time specified 
in paragraph (d) of this AD, accomplish those actions specified in 
paragraph (d) of this AD.

Corrective Actions

    (c) For airplanes subject to the requirements of paragraph (a) 
of this AD: If either bonding jumper is not installed properly 
(e.g., misaligned, signs of previous elongation, or damage), before 
further flight, replace the bonding jumper with a new jumper having 
P/N LN926416X165, per EMBRAER Alert Service Bulletin 145-55-A025, 
dated June 5, 2001.

Inspection of the Connecting Supports

    (d) For airplanes subject to the requirements of AD 2001-17-04: 
Within the next 100 flight hours after September 5, 2001, perform a 
detailed inspection to determine if the supports that connect the 
bonding jumpers to the horizontal stabilizers are deformed, cracked, 
or ruptured; per EMBRAER Alert Service Bulletin 145-55-A025, dated 
June 5, 2001.
    (1) If no deformation is detected, no further action is required 
by this paragraph.

[[Page 67616]]

    (2) If any connecting support having deformation of 30 degrees 
or less has any sign of a painting discrepancy, before further 
flight, repaint the support per the alert service bulletin. The 
support must remain in the position it was found, as specified in 
the alert service bulletin.
    (3) If any connecting support is deformed above 30 degrees or 
any signs of cracking or ruptures are detected, before further 
flight, replace the connecting support with a new support per the 
alert service bulletin.
    (e) For airplanes subject to the requirements of AD 2001-17-04: 
If the inspection required by paragraph (f) of this AD is performed 
before the inspections specified in paragraphs (a) and (d) of this 
AD, it is not necessary to perform the inspections specified in 
paragraphs (a) and (d) of this AD.

Repetitive Inspections

    (f) For all airplanes: Except as required by paragraphs (h) and 
(i) of this AD, within 100 flight hours after May 16, 2002 (the 
effective date of AD 2002-08-21), perform a detailed inspection as 
specified in paragraphs (f)(1) and (f)(2) of this AD, per EMBRAER 
Alert Service Bulletin 145-55-A028, dated April 10, 2002; or Change 
02, dated February 27, 2003. If any discrepancy is found during any 
inspection required by this paragraph: Before further flight, 
perform applicable corrective actions (including replacing any 
discrepant part with a new part and restoring the support painting) 
per the alert service bulletin. Repeat the inspection at intervals 
not to exceed 800 flight hours, except as provided by paragraphs (h) 
and (i) of this AD.
    (1) Inspect both bonding jumpers of the vertical-to-horizontal 
stabilizer to detect discrepancies (including overstretching, 
fraying, or other damage; and misaligned or otherwise incorrectly 
installed bonding jumper terminals).
    (2) Inspect the connecting support structure to detect 
deformation or signs of cracks or ruptures, and, before further 
flight, inspect the general conditions of the paint of any 
discrepant support.
    (g) Inspections done before the effective date of this AD per 
EMBRAER Service Bulletin 145-55-A028, Change 01, dated June 7, 2002, 
are acceptable for compliance with the requirements of paragraph (f) 
of this AD.

Conditional Requirements for Immediate Inspection

    (h) Notwithstanding the requirements of paragraph (f) of this 
AD: Before further flight following removal of any parts identified 
in paragraphs (h)(1), (h)(2), and (h)(3) of this AD, perform the 
inspection specified in paragraph (f) of this AD. The task numbers 
below are identified in EMBRAER Aircraft Maintenance Manuals AMM-
145/1124 and AMM-145/1230.
    (1) The horizontal stabilizer (as specified in EMBRAER Airplane 
Maintenance Manual (AMM) task number 55-10-00-000-801-A).
    (2) The horizontal stabilizer actuator (as specified in AMM task 
number 27-40-02-000-801-A).
    (3) The left-hand or right-hand seal fairings (as specified in 
AMM task number 55-36-00-020-002-A00).
    (i) Before further flight following a lightning strike, perform 
a ``Lightning Strike--Inspection Check'' and applicable corrective 
actions, per AMM task number 05-50-01-06.

    Note 2: Following accomplishment of an inspection per paragraph 
(h) or (i) of this AD, the repetitive interval of the next 
inspection may be extended to 800 flight hours after accomplishment 
of the inspection required by paragraph (h) or (i) of this AD, as 
applicable.

New Requirements of This AD

Terminating Action

    (j) Within 800 flight hours after the effective date of this AD, 
modify the bonding jumpers, including installing a protective cover 
for the elevator control cables, in accordance with Part II of the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-55-0028, 
Change 02, dated February 27, 2003. Accomplishment of this 
modification terminates the requirements of this AD.
    (k) A modification done before the effective date of this AD per 
EMBRAER Service Bulletin 145-55-0028, Change 01, dated June 7, 2002, 
is acceptable for compliance with the requirements of paragraph (j) 
of this AD.

Alternative Methods of Compliance

    (l) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized 
to approve alternative methods of compliance for this AD.

    Note 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 2001-06-03R2, dated June 24, 2002.


    Issued in Renton, Washington, on November 26, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-30116 Filed 12-2-03; 8:45 am]
BILLING CODE 4910-13-P