[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Proposed Rules]
[Pages 45590-45592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15592]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22033; Directorate Identifier 2004-NM-218-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 Airplanes and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP 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 supersede an existing airworthiness 
directive (AD) that applies to certain EMBRAER Model EMB-135 airplanes 
and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes. The existing AD currently requires repetitive inspections of 
the spring cartridges of the elevator gust lock system to determine if 
the lock washer projection correctly fits the slots in the cartridge 
flange, and corrective action if necessary. The existing AD also 
provides for interim optional terminating action for the repetitive 
inspections for certain airplanes. This proposed AD would retain the 
requirements of the existing AD, and provide for final terminating 
action for all affected airplanes. This proposed AD is prompted by 
reports of an improperly fitting lock washer causing the clevis of the 
spring cartridge in the electromechanical elevator gust lock system to 
become unscrewed. We are proposing this AD to prevent unscrewing of the 
spring cartridge clevis from jamming the elevator, which could lead to 
reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by September 7, 
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.
     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-2005-22033; the directorate identifier for this docket is 
2004-NM-218-AD.

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

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-22033; 
Directorate Identifier 2004-NM-218-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 received 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

    On April 21, 2003, we issued AD 2003-09-03, amendment 39-13132 (68 
FR 22585, dated April 29, 2003), for certain EMBRAER Model EMB-135 
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes. That AD requires repetitive inspections of the 
spring cartridges of the elevator gust lock system to determine if the 
lock washer projection correctly fits the slots in the cartridge 
flange, and corrective action if necessary. That AD also provides for 
interim optional terminating action for the repetitive inspections for 
certain airplanes. That AD was prompted by reports of spring cartridges 
unscrewing in the electromechanical gust lock system. We issued that AD 
to prevent the elevator from jamming due to the spring cartridges 
unscrewing in the gust lock system, which could result in reduced 
controllability of the airplane.

Action Since Existing AD Was Issued

    Since we issued AD 2003-09-03, the Departmento de Aviacao Civil 
(DAC), which is the airworthiness authority for Brazil, issued 
Brazilian airworthiness directive 2003-01-03R1, dated July 26, 2004, to 
mandate replacing the existing spring cartridges with improved spring 
cartridges having a new part number.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145LEG-27-0012, Revision 01, 
dated April 12, 2004 (for Model EMB-135BJ airplanes); and Service 
Bulletin 145-27-0102, Revision 02, dated January 20, 2005 (for Model 
EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes). The service bulletins describe 
procedures for replacing the

[[Page 45591]]

existing spring cartridges of the electromechanical elevator gust lock 
system with improved spring cartridges having a new part number, which 
would end the repetitive inspections of the spring cartridges. 
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 
2003-01-03R1, dated July 26, 2004, to ensure the continued 
airworthiness of these airplanes in Brazil.

Other Relevant Rulemaking

    Accomplishing EMBRAER Service Bulletin 145-27-0102 eliminates the 
need to accomplish certain actions specified in EMBRAER Service 
Bulletins 145-27-0086, Revision 04, dated March 21, 2005; and 145-27-
0075, Revision 08, dated March 3, 2005. Those service bulletins are 
specified in notice of proposed rulemaking 2002-NM-89-AD (69 FR 56735; 
September 22, 2004) as applicable to certain airplanes.

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 
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. We have examined the DAC's findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for airplanes of this type design that are certificated for 
operation in the United States.
    This proposed AD would supersede AD 2003-09-03. This proposed AD 
would retain certain requirements of the existing AD and would also add 
a procedure for replacing the existing spring cartridges with improved 
spring cartridges having a new part number, which would provide for 
final terminating action for the repetitive inspections.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously.

Change to Existing AD

    This proposed AD would retain certain requirements of AD 2003-09-
03. Since AD 2003-09-03 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
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                                            Corresponding requirement in
       Requirement in AD 2003-09-03               this proposed AD
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Paragraph (a).............................  paragraph (f).
Paragraph (b).............................  paragraph (g).
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Costs of Compliance

    This proposed AD would affect about 380 airplanes of U.S. registry. 
The average labor rate is estimated to be $65 per work hour.
    The inspections required by AD 2003-09-03 that are retained in this 
proposed AD take about 1 work hour per airplane. Based on these 
figures, the estimated cost of the required inspections is $24,700, or 
$65 per airplane, per inspection cycle.
    The new proposed actions would take about 3 work hours per 
airplane. Required parts would cost about $79 per cartridge (2 per 
airplane). Based on these figures, the estimated cost of the new 
actions specified in this proposed AD for U.S. operators is $134,140, 
or $353 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 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 removing amendment 39-13132 (68 FR 
22585, April 29, 2003), and adding the following new airworthiness 
directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-22033; Directorate Identifier 2004-NM-218-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by September 7, 2005.

Affected ADs

    (b)(1) This AD supersedes AD 2003-09-03, amendment 39-13132.
    (2) Certain actions required by this AD are affected by FAA 
rulemaking docket number 2002-NM-89-AD (69 FR 56735, September 22, 
2004).
    Applicability: (c) This AD applies to EMBRAER Model EMB-135BJ, -
135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, and -145LR 
airplanes; certificated in any category; having spring cartridges 
part number KPD2611 installed in the elevator gust lock system.

Unsafe Condition

    (d) This AD was prompted by reports of an improperly fitting 
lock washer causing the clevis of the spring cartridge in the

[[Page 45592]]

electromechanical gust lock system to become unscrewed. We are 
proposing this AD to prevent unscrewing of the spring cartridge 
clevis from jamming the elevator, which could lead to 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.

Restatement of Requirements of AD 2003-09-03

Inspection

    (f) For Model EMB-135BJ airplanes: Within 30 days after May 14, 
2003 (the effective date of AD 2003-09-03), perform a general visual 
inspection of each spring cartridge of the elevator gust lock system 
to determine if the lock washer projection correctly fits the slots 
in the cartridge flange, in accordance with EMBRAER Service Bulletin 
145LEG-27-0006, dated December 9, 2002. Before further flight, 
replace any discrepant spring cartridge with a new part having the 
same part number, in accordance with the service bulletin; or 
replace the spring cartridge, part number (P/N) KDP2611, with a new, 
improved spring cartridge, P/N KDP4235, as specified in paragraph 
(h) of this AD. After the effective date of this AD, only the 
replacement specified in paragraph (h) may be accomplished. Repeat 
the inspection at intervals not to exceed 800 flight hours until the 
replacement of the spring cartridge is accomplished as required by 
paragraph (h). Although the service bulletin recommends that 
operators report inspection results to EMBRAER, this AD does not 
require such a report.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``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 
ensure visual access to all 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.''

    (g) For airplanes not identified in paragraph (f) of this AD: At 
the applicable time specified in paragraph (g)(1) or (g)(2) of this 
AD, perform a general visual inspection of each spring cartridge of 
the elevator gust lock system to determine if the lock washer 
projection correctly fits the slots in the cartridge flange, in 
accordance with EMBRAER Service Bulletin 145-27-0098, dated December 
9, 2002. Repeat the inspection at intervals not to exceed 800 flight 
hours after the initial inspection until the replacement of the 
spring cartridge, P/N KDP2611, with a new, improved spring 
cartridge, P/N KDP4235, is done as specified in paragraph (h) of 
this AD. Although the service bulletin recommends that operators 
report inspection results to EMBRAER, this AD does not require such 
a report.
    (1) For airplanes equipped with an operational electromechanical 
gust lock system on the elevator: Inspect within 30 days after May 
14, 2003, in accordance with PART I of the service bulletin. Before 
further flight, replace any discrepant spring cartridge with a new 
part having the same part number, in accordance with PART I of the 
service bulletin; or do the replacement specified in paragraph (h) 
of this AD. After the effective date of this AD, only the 
replacement specified in paragraph (h) may be accomplished.
    (2) For airplanes that are not equipped with an operational 
electromechanical gust lock system on the elevator, but that are 
equipped with provisions for the system: Inspect within 60 days 
after May 14, 2003, in accordance with PART II of the service 
bulletin. Before further flight, replace any discrepant spring 
cartridge with a new part having the same part number, in accordance 
with PART II of the service bulletin; or do the replacement 
specified in paragraph (h) of this AD. After the effective date of 
this AD, only the replacement specified in paragraph (h) may be 
accomplished. Alternatively, removal of the spring cartridges 
terminates the repetitive inspection requirement of this AD during 
the time the cartridges are removed.

New Requirements of This AD

Replacement of Spring Cartridge

    (h) Within 5,500 flight hours or 36 months after the effective 
date of this AD, whichever comes first, replace the spring 
cartridge, P/N KPD2611, with a new, improved spring cartridge, P/N 
KDP4235, in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 145LEG-27-0012, Revision 01, dated April 
12, 2004 (for Model EMB-135BJ airplanes); or Service Bulletin 145-
27-0102, Revision 02, dated January 20, 2005 (for Model EMB-135ER, -
135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes); as applicable. Accomplishing this replacement 
terminates the repetitive inspections required by paragraphs (f) and 
(g) of this AD.

Parts Installation

    (i) As of the effective date of this AD, no person may install a 
spring cartridge, P/N KPD2611, on any airplane.

Cartridge Replacement According to Previous Issue of Service Bulletin

    (j) Spring cartridge replacements accomplished before the 
effective date of this AD in accordance with EMBRAER Service 
Bulletin 145LEG-27-0012, dated March 2, 2004; or Service Bulletin 
145-27-0102, dated December 23, 2003, or Revision 01, dated April 
12, 2004; are considered acceptable for compliance with the 
corresponding action required by this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) 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.
    (2) AMOCs approved previously according to AD 2003-09-03, 
amendment 39-13132, are approved as AMOCs for the corresponding 
provisions of this AD.

Related Information

    (l) Brazilian airworthiness directive 2003-01-03R1, dated July 
26, 2004, also addresses the subject of this AD.


    Issued in Renton, Washington, on August 2, 2005.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-15592 Filed 8-5-05; 8:45 am]
BILLING CODE 4910-13-P