[Federal Register Volume 69, Number 183 (Wednesday, September 22, 2004)]
[Proposed Rules]
[Pages 56735-56738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21273]


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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: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive

[[Page 56736]]

(AD), applicable to certain EMBRAER Model EMB-135 and -145 series 
airplanes. That AD would have required repetitive inspections for 
cracks, ruptures, or bends in certain components of the elevator 
control system, and replacement of discrepant components. This proposal 
also would have required eventual modification of the elevator gust 
lock system to replace the mechanical system with an electromechanical 
system, which would terminate the repetitive inspections. This new 
action revises the proposed rule by adding requirements for installing 
a new spring cartridge and implementing new logic for the 
electromechanical gust lock system. 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 October 18, 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), PO 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:
     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.
     For each issue, state what specific change to the proposed 
AD is being requested.
     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.

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

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain EMBRAER Model EMB-135 and -145 series airplanes, was published 
as a notice of proposed rulemaking (NPRM) in the Federal Register on 
January 5, 2004 (69 FR 284). That NPRM would have required repetitive 
inspections for cracks, ruptures, or bends in certain components of the 
elevator control system, and replacement of discrepant components. That 
NPRM also would have required eventual modification of the elevator 
gust lock system to replace the mechanical system with an 
electromechanical system, which would terminate the repetitive 
inspections. That NPRM was prompted by a report 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. That condition, 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 New Relevant Service Information

    Since the preparation of the original NPRM, EMBRAER has issued 
Service Bulletin 145-27-0086, Change 02, dated December 23, 2003. 
Paragraph (c)(2) of the original NPRM refers to Change 01 of that 
service bulletin, dated July 3, 2002, as the appropriate source of 
service information for several actions associated with replacing the 
mechanical gust lock system with a new electromechanical gust lock 
system. Part V of Change 02 of that service bulletin describes 
additional procedures for installing a new spring cartridge and 
implementing new logic for the electromechanical gust lock system. 
Change 02 of the service bulletin refers to EMBRAER Service Bulletins 
145-27-0101 and 145-27-0102, both dated December 23, 2003, as 
additional sources of service information for the accomplishment of 
those actions. The FAA finds that accomplishing these actions will 
preclude the possibility of components of the spring cartridges 
unscrewing and allowing the gust lock system to unlock when it is 
supposed to be locked. Thus, we have added a new paragraph (c)(2)(iv) 
to this supplemental NPRM.
    In addition, EMBRAER has added Parts VI, VII, VIII, and IX to the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0086, 
Change 02. These sections apply to airplanes under Joint Airworthiness 
Authority (JAA) certification and provide procedures similar to those 
in Parts I, II, III, and IV of the service bulletin. We have revised 
paragraphs (c)(2)(i), (c)(2)(ii), and (c)(2)(iii) of this supplemental 
NPRM to include appropriate references to Parts VI, VII, VIII, and IX 
of the service bulletin.

[[Page 56737]]

Conclusion

    Since these changes expand the scope of the originally proposed 
rule, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

Explanation of the FAA's Determination

    The Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, approved EMBRAER Service Bulletin 145-27-0086, 
Change 02, but, at this time, does not intend to revise Brazilian 
airworthiness directive 2002-01-01R3, dated November 8, 2002 (which the 
original NPRM references as the Brazilian airworthiness directive that 
parallels the original NPRM). The DAC does not consider it necessary to 
revise Brazilian airworthiness directive 2002-01-01R3 because that 
airworthiness directive refers to EMBRAER Service Bulletin 145-27-0086, 
Revision 1, or further approved revisions, as the acceptable source of 
service information for certain actions in that airworthiness 
directive. However, as stated above, we have determined that it is 
necessary to issue a supplemental NPRM and reopen the comment period to 
provide additional opportunity for public comment. We have coordinated 
this issue with the DAC; the DAC does not object to our action.

Cost Impact

    We estimate 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 of $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 02, it would take approximately 133 work hours to accomplish the 
proposed modification in that service bulletin, at an average labor 
rate of $65 per work hour. Required parts would cost up to $23,164 per 
airplane. Based on these figures, the cost impact of this proposed 
action is estimated to be $31,809 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.

[[Page 56738]]

    (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 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 02, dated December 23, 2003: Do paragraphs (c)(2)(i), 
(c)(2)(ii), (c)(2)(iii), and (c)(2)(iv) of this AD, as applicable.
    (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) or 3.F. (Part VI) of the 
Accomplishment Instructions of the service bulletin, as applicable. 
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) or 3.G. (Part VII) of the 
Accomplishment Instructions of the service bulletin, as applicable.
    (iii) Install and activate the electromechanical gust lock 
system by doing all actions in section 3.D. (Part IV) or 3.I. (Part 
IX) of the Accomplishment Instructions of the service bulletin, as 
applicable. Where Part IV or IX 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 or Part VIII of 
the service bulletin, as applicable.
    (iv) Install a new spring cartridge and implement new logic for 
the electromechanical gust lock system by doing all actions in 
section 3.E. (Part V) of the Accomplishment Instructions of the 
service bulletin, as applicable.

    Note 2: Part III and Part VIII of the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-27-0086, Change 02, 
refer to EMBRAER Service Bulletin 145-22-0007 as an additional 
source of instructions for accomplishing the rework of the control 
stand.


    Note 3: Part V of the Accomplishment Instructions of EMBRAER 
Service Bulletin 145-27-0086, Change 02, refers to EMBRAER Service 
Bulletins 145-27-0101 and 145-27-0102, both dated December 23, 2003, 
as additional sources of instructions for accomplishing the 
installation of a new spring cartridge and implementation of the new 
logic for the electromechanical gust lock system.

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 4: The subject of this AD is addressed in Brazilian 
airworthiness directive 2002-01-01R3, dated November 8, 2002.


    Issued in Renton, Washington, on September 15, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-21273 Filed 9-21-04; 8:45 am]
BILLING CODE 4910-13-P