[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Proposed Rules]
[Pages 16180-16182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6252]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20728; Directorate Identifier 2005-NM-003-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-145 and -135 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain EMBRAER Model EMB-145 and -135 series airplanes. This 
proposed AD would require replacing the horizontal stabilizer control 
unit (HSCU) with a modified and reidentified or new, improved HSCU. For 
certain airplanes, this proposed AD would also require related 
concurrent actions as necessary. This proposed AD is prompted by 
reports of loss of the pitch trim system due to a simultaneous failure 
of both channels of the HSCU. We are proposing this AD to prevent loss 
of pitch trim and reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by April 29, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 
12.225, Sao Jose dos Campos--SP, Brazil.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20728; the directorate identifier for this docket is 
2005-NM-003-AD.

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

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your

[[Page 16181]]

comments to an address listed under ADDRESSES. Include ``Docket No. 
FAA-2005-20728; Directorate Identifier 2005-NM-003-AD'' at the 
beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of the 
proposed AD. We will consider all comments submitted by the closing 
date and may amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    The Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified us that an unsafe condition may exist on 
certain EMBRAER Model EMB-145 and EMB-135 series airplanes. The DAC 
advises that it has received reports of loss of the pitch trim system 
due to a simultaneous failure of both channels of the horizontal 
stabilizer control unit (HSCU). This condition, if not corrected, could 
result in loss of pitch trim and reduced controllability of the 
airplane.

Relevant Service Information

    EMBRAER has issued Service Bulletins 145-27-0106, Revision 01 (for 
Model EMB-145 and EMB-135 series airplanes, except for EMB-135BJ series 
airplanes), and 145LEG-27-0016, Revision 01 (for Model EMB-135BJ series 
airplanes); both dated August 30, 2004. The service bulletins describe 
procedures for replacing the HSCU with a modified and reidentified or 
new, improved HSCU. Accomplishing the actions specified in the service 
information is intended to adequately address the unsafe condition. The 
DAC mandated the service information and issued Brazilian airworthiness 
directive 2004-11-01, dated November 28, 2004, to ensure the continued 
airworthiness of these airplanes in Brazil.
    The EMBRAER service bulletins refer to Parker Service Bulletin 
362100-27-265, dated June 25, 2004, as an additional source of service 
information for replacing the HSCU. The EMBRAER service bulletins 
include the Parker service bulletin.
    The EMBRAER service bulletins specify, for certain airplanes, 
concurrent accomplishment of certain actions specified in EMBRAER 
Service Bulletins 145LEG-27-0002, Revision 01, dated April 15, 2003, 
and 145-27-0084, Revision 04, dated October 21, 2003. These actions 
include replacing the HSCU with a new HSCU with improved features, and 
having a new part number. Accomplishment of these actions is required 
by AD 2004-25-21, as discussed under ``Related AD.''

Related AD

    We have issued a related AD, AD 2004-25-21, amendment 39-13909 (69 
FR 76605, December 22, 2004), which is applicable to certain EMBRAER 
Model EMB-135 and -145 series airplanes. Among other things, that AD 
requires accomplishment of EMBRAER Service Bulletins 145LEG-27-0002, 
Revision 01, dated April 15, 2003, and 145-27-0084, Revision 04, dated 
October 21, 2003, which describe procedures for replacing the HSCU with 
a new HSCU with improved features, and having a new part number. As 
explained previously, for certain airplanes, certain actions specified 
in these EMBRAER service bulletins must be accomplished before or 
during accomplishment of the replacement that would be required by this 
proposed AD.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined the DAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Difference Between 
Proposed AD and Foreign Airworthiness Directive'' and ``Difference 
Between Proposed AD and Service Information.''

Difference Between Proposed AD and Foreign Airworthiness Directive

    The DAC states that Brazilian airworthiness directive 2004-11-01, 
dated November 28, 2004, is applicable to ``all EMB-145() and EMB-135() 
aircraft models in operation.'' However, this does not agree with 
EMBRAER Service Bulletin 145-27-0106, Revision 01, and Service Bulletin 
145LEG-27-0016, Revision 01; both dated August 30, 2004; which state 
that only EMB-145 and -135 airplanes with certain serial numbers are 
affected. This proposed AD would be applicable only to the airplanes 
identified in the service bulletins. This difference has been 
coordinated with the DAC.

Difference Between Proposed AD and Service Information

    The accomplishment instructions of EMBRAER Service Bulletins 145-
27-0106 and 145LEG-27-0016 do not specifically address, as a concurrent 
requirement, the accomplishment of Service Bulletins 145LEG-27-0002 and 
145-27-0084; however, this concurrent accomplishment is specified in 
paragraph 1.C (1) of EMBRAER Service Bulletins 145-27-0106 and 145LEG-
27-0016, and would be required for certain airplanes by this proposed 
AD.

Costs of Compliance

    This proposed AD would affect about 616 airplanes of U.S. registry. 
The proposed actions would take about 1 work hour per airplane, at an 
average labor rate of $65 per work hour. Required parts would be 
supplied by the manufacturer at no cost. Based on these figures, the 
estimated cost of the proposed AD for U.S. operators is $40,040, or $65 
per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more

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detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-20728; Directorate Identifier 2005-NM-003-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by April 29, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model EMB-145 and -135 series airplanes; 
certificated in any category; as identified in EMBRAER Service 
Bulletin 145-27-0106, Revision 01 (for Model EMB-145 and EMB-135 
series airplanes, except for EMB-135BJ series airplanes), and 
EMBRAER Service Bulletin 145LEG-27-0016, Revision 01 (for Model EMB-
135BJ series airplanes); both dated August 30, 2004.

Unsafe Condition

    (d) This AD was prompted by reports of loss of the pitch trim 
system due to a simultaneous failure of both channels of the 
horizontal stabilizer control unit (HSCU). We are issuing this AD to 
prevent loss of pitch trim and reduced controllability of the 
airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Replacement

    (f) Within 18 months or 4,000 flight hours after the effective 
date of this AD, whichever occurs first, replace the HSCU with a 
modified and reidentified or new, improved HSCU, part number 362100-
1013, by doing all the actions specified in the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-27-0106, Revision 01; 
or EMBRAER Service Bulletin 145LEG-27-0016, Revision 01; both dated 
August 30, 2004; as applicable.

Related AD

    (g) For airplanes identified in paragraph 1.C (1) of EMBRAER 
Service Bulletins 145-27-0106, Revision 01, and 145LEG-27-0016, 
Revision 01, both dated August 30, 2004: Prior to or concurrently 
with the actions required by paragraph (f) of this AD, replace the 
HSCU with a new HSCU with improved features, and having a new part 
number, in accordance with EMBRAER Service Bulletins 145LEG-27-0002, 
Revision 01, dated April 15, 2003, or 145-27-0084, Revision 04, 
dated October 21, 2003, as applicable. These actions are currently 
required by AD 2004-25-21, amendment 39-13909 (69 FR 76605, December 
22, 2004).

Actions Accomplished Per Previous Issue of Service Bulletin

    (h) Actions accomplished before the effective date of this AD in 
accordance with EMBRAER Service Bulletin 145-27-0106, and EMBRAER 
Service Bulletin 145LEG-27-0016; both dated August 4, 2004; are 
considered acceptable for compliance with the applicable action in 
this AD.

Alternative Methods of Compliance (AMOCs)

    (i) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (j) Brazilian airworthiness directive 2004-11-01, dated November 
28, 2004, also addresses the subject of this AD.


    Issued in Renton, Washington, on March 18, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6252 Filed 3-29-05; 8:45 am]
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