[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Proposed Rules]
[Pages 284-287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-48]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-89-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 adoption of a new airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-135 and 
-145 series airplanes. This proposal would require repetitive 
inspections for cracks, ruptures, or bends in certain components of the 
elevator control system, and replacement of discrepant components. This 
proposal also would require eventual modification of the elevator gust 
lock system to replace the mechanical system with an electromechanical 
system, which would terminate the repetitive inspections. This action 
is necessary to prevent discrepancies in the elevator control system, 
which could result in reduced control of the elevator and consequent 
reduced controllability of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by February 4, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-89-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-89-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: 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:

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-89-AD.'' The postcard will be date stamped and 
returned to the commenter.

[[Page 285]]

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-89-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    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 cracks have been found in certain components of the 
elevator control system in the horizontal stabilizer area of several 
airplanes equipped with a mechanical gust lock system. These cracks 
have been attributed to damage from strong wind gusts on the ground. 
Such cracking, if not corrected, could result in discrepancies in the 
elevator control system, which could result in reduced control of the 
elevator and consequent reduced controllability of the airplane.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-27-0087, Change 03, dated 
September 27, 2002, which describes procedures for repetitive detailed 
inspections for cracks, ruptures, or bends in components of the 
elevator control system. Components subject to inspection include the 
limiter tubes, bellcrank assemblies, elevator control rod assemblies, 
quadrant bellcrank assemblies, quadrant support, stop plates, elevator 
primary backstops, spring tab backstops, elevator surface near the 
hinge points and spring tab fairings, servo tab fail-safe actuation 
link, spring tab attachment link, and various components of the gust 
lock mechanism. If any discrepancy is found, the service bulletin 
specifies to replace the discrepant part with a new part.
    EMBRAER has also issued Service Bulletin 145-27-0075, Change 06, 
dated July 16, 2002. Parts I and II of that service bulletin apply to 
airplanes in various configurations and describe procedures for 
replacing the mechanical gust lock system with an electromechanical 
gust lock system. Specific procedures include replacing the control 
stand with a reworked control stand; installing a support for the 
reworked control stand that has a return spring system; adjusting the 
thrust lever resolver and microswitch contact point; reworking the 
forward elevator torque tube by installing a cam, support, and 
microswitch, as applicable; installing the spring pin position 
indicating mechanism and the spring cartridge assembly (including 
performing a detailed inspection of the area of the spring cartridge 
assembly to ensure that certain parts have been removed previously), as 
applicable; installing a gust lock alerting indication system; and 
accomplishing electrical connections. Part III of that service bulletin 
applies to airplanes modified per a previous revision of service 
bulletin 145-27-0075, and describes procedures for replacing the return 
spring and spring terminal of the gust lock control lever with improved 
parts.
    EMBRAER has also issued Service Bulletin 145-27-0086, Change 01, 
dated July 3, 2002, which describes procedures for replacing the 
mechanical gust lock system with an electromechanical gust lock system. 
Part I of that service bulletin describes procedures for reworking the 
tail carbon box, installing the gust lock cartridge pin supports, 
performing an ultrasonic inspection to detect delaminations of the tail 
carbon box, making certain measurements using a feeler gauge and making 
consequent necessary adjustments, installing certain bushings, 
reworking horizontal stabilizer channels, installing wire supports, and 
reidentifying the horizontal stabilizer. Part II of that service 
bulletin describes procedures for installing wiring for the 
electromechanical gust lock system. Part IV of that service bulletin 
describes procedures for installing and activating the 
electromechanical gust lock system, including replacing the existing 
control stand with a control stand reworked per instructions in Part 
III of the service bulletin, installing a control stand support that 
has a return spring system, reworking the forward elevator torque tube, 
installing cartridge spring pins and a position-indicating mechanism at 
the horizontal stabilizer, and installing a gust lock alerting 
indication system. (The rework instructions in Part III of the service 
bulletin refer to EMBRAER Service Bulletin 145-22-0007 as an additional 
source of service information for accomplishment of the rework.)
    Accomplishment of the actions specified in the applicable service 
bulletins is intended to adequately address the identified unsafe 
condition. The DAC classified this service bulletin as mandatory and 
issued Brazilian airworthiness directive 2002-01-01R3, dated November 
8, 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 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 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 require accomplishment of 
the actions specified in the applicable service bulletins described 
previously, except as discussed below.

Differences Between Proposed AD and Service Information

    EMBRAER Service Bulletin 145-27-0087, Change 03, specifies to 
return discrepant parts and report inspection results to the 
manufacturer. The proposed AD would not require these actions.
    Figure 14 of the Accomplishment Instructions of EMBRAER Service 
Bulletin 145-27-0075, Change 06, which is referenced in the 
Accomplishment Instructions of that service bulletin, refers to a 
detailed inspection in the area of the spring cartridge assembly to 
ensure that certain parts have been removed previously per EMBRAER 
Service Bulletin 145-27-0076. The service bulletin does not specify the 
corrective actions that are necessary if any of these parts are 
installed. Thus, this proposed AD specifies that, if any parts are 
found in the area of the spring cartridge assembly that should have 
been removed per EMBRAER Service Bulletin 145-27-0076, those parts must 
be removed before further flight.
    Similarly, Part I of the Accomplishment Instructions of EMBRAER 
Service Bulletin 145-27-0086, Change 01, refers to an ultrasonic 
inspection to detect delaminations of the tail carbon box. However, 
that service bulletin contains no instructions for corrective action if 
any delamination is found that is outside the limits specified in the 
service bulletin. Thus, this proposed AD specifies that any 
delamination outside the limits specified in the service bulletin must 
be

[[Page 286]]

repaired per a method approved by either the FAA or the DAC (or its 
delegated agent).

Clarification of Requirements of Proposed AD

    Where Parts I and II of the Accomplishment Instructions of EMBRAER 
Service Bulletin 145-27-0075, Change 06, and Part IV of the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0086, 
Change 01, specify to remove and ``send the control stand to be 
reworked in a workshop,'' this proposed AD specifies to replace the 
control stand with a control stand reworked as specified in the 
applicable service bulletin.

Cost Impact

    The FAA estimates that 300 airplanes of U.S. registry would be 
affected by this proposed AD.
    It would take approximately 1 work hour per airplane, per 
inspection cycle, to accomplish the proposed inspection, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be $19,500, 
or $65 per airplane, per inspection cycle.
    For airplanes subject to EMBRAER Service Bulletin 145-27-0075, 
Change 06, it would take up to 55 work hours to accomplish the proposed 
modification in that service bulletin, at an average labor rate is $65 
per work hour. Required parts would cost up to $9,554 per airplane. 
Based on these figures, the cost impact of this proposed action is 
estimated to be up to $13,129 per airplane.
    For airplanes subject to EMBRAER Service Bulletin 145-27-0086, 
Change 01, it would take approximately 120 work hours to accomplish the 
proposed modification in that service bulletin, at an average labor 
rate is $65 per work hour. Required parts would cost up to $22,708 per 
airplane. Based on these figures, the cost impact of this proposed 
action is estimated to be $30,508 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the 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 adding the following new 
airworthiness directive:

Empresa Brasileira de Aeronautica S.A. (Embraer): Docket 2002-NM-89-
AD.

    Applicability: Model EMB-135 and EMB-145 series airplanes, 
certificated in any category; serial numbers 145001 through 145189 
inclusive, 145191 through 145362 inclusive, 145364 through 145373 
inclusive, 145375, 145377 through 145411 inclusive, 145413 through 
145424 inclusive, 145426 through 145430 inclusive, 145434 through 
145436 inclusive, 145440 through 145445 inclusive, 145448, 145450, 
and 145801; equipped with a mechanical gust lock system.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent discrepancies in the elevator control system, which 
could result in reduced control of the elevator and consequent 
reduced controllability of the airplane, accomplish the following:

Repetitive Inspections

    (a) Within 800 flight hours after the effective date of this AD, 
do a detailed inspection of the elevator control system for any 
crack, rupture, or bend in any component, per the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-27-0087, Change 03, 
dated September 27, 2002. Where this service bulletin specifies to 
return discrepant parts and report inspection results to the 
manufacturer, this AD does not require these actions. Repeat the 
inspection thereafter at intervals not to exceed 2,500 flight hours 
or 15 months, whichever is first.

    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.''

Replacement of Discrepant Parts

    (b) If any discrepant part is found during any inspection 
required by paragraph (a) of this AD, before further flight, replace 
the discrepant part with a new part having the same part number, per 
the Accomplishment Instructions of EMBRAER Service Bulletin 145-27-
0087, Change 03, dated September 27, 2002.

Modification

    (c) Within 10,000 flight hours or 60 months after the effective 
date of this AD, whichever is first, modify the elevator gust lock 
by accomplishing paragraph (c)(1) or (c)(2) of this AD, as 
applicable. This modification terminates the repetitive inspections 
required by paragraph (a) of this AD.
    (1) For airplanes listed in EMBRAER Service Bulletin 145-27-
0075, Change 06, dated July 16, 2002: Do paragraph (c)(1)(i) or 
(c)(1)(ii) of this AD, as applicable.
    (i) Replace the mechanical gust lock system with an 
electromechanical gust lock system, and replace the control stand 
with a reworked control stand, by doing all the actions (including a 
detailed inspection to ensure that certain parts have been removed 
previously per EMBRAER Service Bulletin 145-27-0076) in and per 
section 3.A. (Part I) or 3.B. (Part II) of the Accomplishment 
Instructions of the service bulletin, as applicable. If the 
inspection reveals that certain subject parts have not been removed 
previously, before further flight, remove the subject parts per the 
service bulletin. Where Parts I and II of the Accomplishment 
Instructions of the service bulletin specify to remove and ``send 
the control stand to be reworked in a workshop,'' replace the 
control

[[Page 287]]

stand with a control stand reworked as specified in the service 
bulletin.
    (ii) Replace the return spring and spring terminal of the gust 
lock control lever with improved parts by doing all the actions in 
and per section 3.C. (Part III) of the Accomplishment Instructions 
of the service bulletin.
    (2) For airplanes listed in EMBRAER Service Bulletin 145-27-
0086, Change 01, dated July 3, 2002: Do paragraphs (c)(2)(i), 
(c)(2)(ii), and (c)(2)(iii) of this AD.
    (i) Rework the tail carbon box and the horizontal stabilizer by 
doing all the actions (including the inspection for delamination) in 
and per section 3.A. (Part I) of the Accomplishment Instructions of 
the service bulletin. If any delamination is found that is outside 
the limits specified in the service bulletin, before further flight, 
repair per a method approved by either the FAA or the Departmento de 
Aviacao Civil (or its delegated agent).
    (ii) Install wiring and electrical components by doing all the 
actions in and per section 3.B. (Part II) of the Accomplishment 
Instructions of the service bulletin.
    (iii) Install and activate the electromechanical gust lock 
system by doing all actions in section 3.D. (Part IV) of the 
Accomplishment Instructions of the service bulletin. Where Part IV 
of the Accomplishment Instructions of the service bulletin specifies 
to remove and ``send the control stand to be reworked in a 
workshop,'' replace the control stand with a control stand reworked 
as specified in Part III of the service bulletin.

    Note 2: Part III of the Accomplishment Instructions of EMBRAER 
Service Bulletin 145-27-0086, Change 01, refers to EMBRAER Service 
Bulletin 145-22-0007 as an additional source of instructions for 
accomplishing the rework of the control stand.

Alternative Methods of Compliance

    (d) 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 2002-01-01R3, dated November 8, 2002.


    Issued in Renton, Washington, on December 29, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-48 Filed 1-2-04; 8:45 am]
BILLING CODE 4910-13-P