[Federal Register Volume 69, Number 32 (Wednesday, February 18, 2004)]
[Rules and Regulations]
[Pages 7558-7560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3350]



[[Page 7558]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-14-AD; Amendment 39-13484; AD 2004-02-51]
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) 2004-02-51 that was sent 
previously to all known U.S. owners and operators of EMBRAER Model EMB-
135 and -145 series airplanes by individual notices. This AD requires a 
one-time inspection of the aft rudder control rods to detect any 
discrepancy; a one-time inspection to determine if Access Panel 312AR 
is installed, and a revision to the Configuration Deviation List to 
remove any reference to Access Panel 312AR (thus prohibiting operation 
without that access panel installed); and further investigative and 
corrective actions, if necessary. The actions specified by this AD are 
intended to detect and correct failure of the control rods for the aft 
rudder, which could result in loss of control of the airplane. This 
action is intended to address the identified unsafe condition.

DATES: Effective February 23, 2004, to all persons except those persons 
to whom it was made immediately effective by emergency AD 2004-02-51, 
issued January 23, 2004, which contained the requirements of this 
amendment.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of February 23, 2004.
    Comments for inclusion in the Rules Docket must be received on or 
before March 19, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2004-NM-14-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. 2004-NM-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 applicable service information 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 Breneman, Manager, 
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 January 23, 2004, the FAA issued 
emergency AD 2004-02-51, which is applicable to all EMBRAER Model EMB-
135 and -145 series airplanes.

Background

    The FAA has received a report that the flightcrew of an EMBRAER 
Model EMB-135 series airplane experienced rudder control difficulties 
during takeoff. The airplane made an emergency landing; no injuries 
were reported. Investigation revealed that the upper and lower control 
rods for the aft rudder section had failed. (The rudder is composed of 
a forward and an aft section.) The National Transportation Safety Board 
is currently investigating the cause of the control rod failure. The 
airplane on which the incident occurred had accumulated 6,804 total 
flight hours and 6,371 total flight cycles. Although the effect is 
unknown at this time, the airplane was operating without Access Panel 
312AR, as allowed by the Configuration Deviation List (CDL). Failure of 
these control rods, if not corrected, could result in loss of rudder 
control, or a possible rudder jam. Also, an unrestrained aft rudder 
could enter a flutter mode, which could result in loss of control of 
the airplane.
    The rudder control rods on all EMBRAER Model EMB-135 and -145 
series airplanes are identical to those on the affected Model EMB-135 
airplane. Therefore, all of these airplanes may be subject to the same 
unsafe condition.

Explanation of Relevant Service Information

    EMBRAER has issued Alert Service Bulletin 145-27-A105, dated 
January 23, 2004, which describes procedures for:

     A one-time visual inspection, including 
measurement, of the aft rudder control rods to determine if they are 
assembled correctly and to detect signs of structural damage, cracks, 
pitting, or deformation.
     If any discrepancy is found, replacement of the 
control rods with new rods, accomplishment of a backlash test to 
determine the condition of the rudder bearings, and accomplishment of 
any related applicable corrective action.
    The service bulletin also recommends that any airplane without 
Access Panel 312AR installed should have the panel reinstalled.
    The Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, classified this service bulletin as mandatory and 
issued Brazilian emergency airworthiness directive 2004-01-07, dated 
January 23, 2004, 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 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 2004-02-51 to detect and correct 
failure of the control rods for the aft rudder, which could result in 
loss of control of the airplane. The AD requires accomplishment of the 
following actions per the service bulletin described previously (except 
as discussed below under the heading

[[Page 7559]]

``Difference Between This AD and the Service Bulletin''):
     A one-time general visual inspection of the aft 
rudder control rods to detect any discrepancy (including, but not 
limited to, incorrect installation, corrosion pitting, cracking, 
looseness, deformity, or structural damage).
     If any discrepancy is found, replacement of the 
affected aft rudder control rod with a new or serviceable control rod, 
accomplishment of a backlash test (to detect worn rudder bearings) and 
any applicable corrective action, and submission of the inspection 
results to the FAA.
    This AD also requires the following actions, which are also 
specified by the parallel Brazilian emergency airworthiness directive:
     A general visual inspection to determine if 
Access Panel 312AR is installed, and re-installing the panel.
     A revision to the CDL to remove reference to 
Access Panel 312AR (thus prohibiting operation without that access 
panel installed).
    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 January 23, 2004, to all known U.S. owners and operators of 
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.

Difference Between This AD and the Service Bulletin

    Although the service bulletin recommends that all inspection 
results, whether positive or negative, be reported to the manufacturer, 
this AD requires operators to submit a report to us only if a 
discrepancy is found.

Differences Between This AD and the Parallel Brazilian Emergency 
Airworthiness Directive

    The Brazilian emergency airworthiness directive specifies that, if 
any discrepancy is found, both control rods must be replaced. However, 
this AD requires that only discrepant control rods must be replaced 
before further flight. We find that replacement of only discrepant 
control rods will adequately address the unsafe condition.
    Also, the Brazilian airworthiness directive specifies that, if 
Access Panel 312AR is missing, this panel must be installed before the 
next flight. However, this AD requires that this panel must be 
installed within 10 flight cycles after the inspection. In developing 
an appropriate compliance time for this installation, we considered the 
degree of urgency associated with the subject unsafe condition, the 
average utilization of the affected fleet, and the availability of 
necessary parts. In light of all of these factors, we find that a 10-
flight-cycle compliance time represents an appropriate interval of time 
for affected airplanes to continue to operate without compromising 
safety.
    We have coordinated these differences with the DAC, and they 
concur.

Interim Action

    This is considered to be interim action. The inspection report that 
is required by this AD will enable us, the DAC, and the manufacturer to 
obtain better insight into the unsafe condition, and eventually to 
develop further action to address the unsafe condition, if necessary. 
If further action is identified, we may consider further rulemaking.

Special Flight Permits

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. As amended, part 39 provides for the FAA to add 
special requirements for operating an airplane to a repair facility to 
do the work required by an airworthiness directive. For the purposes of 
this AD, we have determined that a special flight permit would be 
permitted, but with certain limitations.

Explanation of Editorial Change

    In emergency AD 2004-02-51, the definition of a general visual 
inspection was incorrectly numbered as Note 2. It is actually Note 1. 
We have revised the number in this document.

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 this 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 2004-NM-14-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,

[[Page 7560]]

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:
2004-02-51 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-13484. Docket 2004-NM-14-AD.

    Applicability: All Model EMB-135 and -145 series airplanes, 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct failure of the control rods for the aft 
rudder, which could result in loss of control of the airplane, 
accomplish the following:

One-Time Inspection and Configuration Deviation List Revision

    (a) Within 10 days or 100 flight cycles after the effective date 
of this AD, whichever is first, accomplish paragraphs (a)(1), 
(a)(2), and (a)(3) of this AD.
    (1) Perform a general visual inspection of the aft rudder 
control rods to detect any discrepancy (including, but not limited 
to, incorrect installation, corrosion pitting, cracking, looseness, 
deformity, or structural damage), and measure the dimension of the 
aft rudder control rods, per EMBRAER Alert Service Bulletin 145-27-
A1-05, dated January 23, 2004.
    (2) Perform a general visual inspection to determine if Access 
Panel 312AR is installed on the airplane.
    (3) Revise the Configuration Deviation List (CDL) to remove 
Access Panel 312AR from the CDL (thus prohibiting operation without 
that access panel installed). (This may be accomplished by inserting 
a copy of this AD into the CDL.)

    Note 1: 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.''

Corrective Actions and Related Investigative Action

    (b) If any discrepancy is found during any inspection required 
by paragraph (a) of this AD: Accomplish paragraphs (b)(1) and (b)(2) 
of this AD, as applicable.
    (1) If any discrepancy is found during the inspection required 
by paragraph (a)(1) of this AD: Before further flight, replace the 
affected aft rudder control rod with a new or serviceable control 
rod, and perform a backlash test (to detect worn rudder bearings) 
and any applicable related corrective action, per EMBRAER Alert 
Service Bulletin 145-27-A105, dated January 23, 2004. (If 
superficial corrosion is found on the rod, but no other discrepancy 
is found, replacement of the rod is not required.)
    (2) If Access Panel 312AR was not installed on the airplane 
during the inspection required by paragraph (a)(2) of this AD: 
Within 10 flight cycles after the inspection, install a new or 
serviceable panel in this location.

Reporting Requirement

    (c) Submit a report of discrepancies found during the 
inspections required by paragraph (a) of this AD, and the test 
required by paragraph (b)(1) of this AD, to the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; fax (425) 227-
1320. Submit the report at the applicable time specified in 
paragraph (c)(1) or (c)(2) of this AD. The report must include the 
inspection results, a description of the discrepancies found, the 
airplane serial number, and the number of landings and flight hours 
on the airplane. Under the provisions of the Paperwork Reduction Act 
of 1980 (44 U.S.C. 3501 et seq.), the Office of Management and 
Budget (OMB) has approved the information collection requirements 
contained in this AD and has assigned OMB Control Number 2120-0056.
    (1) If the inspections/test are done after the effective date of 
this AD: Submit the report within 7 days after the inspection.
    (2) If the inspections/test were accomplished prior to the 
effective date of this AD: Submit the report within 7 days after the 
effective date of this AD.

Parts Installation

    (d) After the effective date of this AD, no person may install 
an aft rudder control rod having part number 120-09421-251 (upper 
control rod) or 120-09421-249 (lower control rod), on any airplane, 
unless it has been inspected per the requirements of this AD.

Special Flight Permit

    (e) Special flight permits with a limitation 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 backlash test required by this AD can be 
accomplished. The special flight permits would have a limitation 
that the discrepant aft rudder control rod must have been replaced.

Alternative Methods of Compliance

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

Incorporation by Reference

    (g) The actions shall be done inn accordance with EMBRAER Alert 
Service Bulletin 145-27-A105, dated January 23, 2004. 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 2: The subject of this AD is addressed in Brazilian 
emergency airworthiness directive 2004-010-07, dated January 23, 
2004.

Effective Date

    (h) This amendment becomes effective on February 23, 2004 to all 
persons except those persons to whom it was made immediately 
effective by emergency AD 2004-02-51, issued January 23, 2004, which 
contained the requirements of this amendment.

    Issued in Renton, Washington, on February 9, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-3350 Filed 2-17-04; 8:45 am]
BILLING CODE 4910-13-M