[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Rules and Regulations]
[Pages 72363-72366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23512]


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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; 
Amendment 39-14391; AD 2005-24-11]
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: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD) that applies to certain EMBRAER Model EMB-135 and Model EMB-145 
series 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 optional terminating action for the repetitive 
inspections for certain airplanes. This AD retains the requirements of 
the existing AD and adds a requirement for final terminating action for 
all affected airplanes. This AD results from 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 
issuing this AD to prevent the unscrewing of the spring cartridge 
clevis from jamming the elevator, which could lead to reduced 
controllability of the airplane.

DATES: This AD becomes effective January 9, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of January 9, 
2006.
    On May 14, 2003 (68 FR 22585, April 29, 2003), the Director of the 
Federal Register approved the incorporation by reference of EMBRAER 
Service Bulletin 145-27-0098, dated December 9, 2002; and EMBRAER 
Service Bulletin 145LEG-27-0006, dated December 9, 2002.

ADDRESSES: You may examine the 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

[[Page 72364]]

SW., Nassif Building, room PL-401, Washington, DC.
    Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service 
information identified in this 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:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA proposed to amend part 39 of the Federal Aviation 
Regulations (14 CFR part 39) with an AD to supersede AD 2003-09-03, 
amendment 39-13132 (68 FR 22585, dated April 29, 2003). The existing AD 
applies to certain EMBRAER Model EMB-135 and -145 series airplanes. The 
proposed AD was published in the Federal Register on August 8, 2005 (70 
FR 45590), to retain the requirements of AD 2003-09-03 and provide for 
final terminating action for all affected airplanes.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We received no comments on the NPRM or on the 
determination of the cost to the public.

Credit for Using Revised Service Information

    Since the NPRM was published, we have reviewed later revisions of 
EMBRAER Service Bulletins 145-27-0098 and 145LEG-27-0006, both dated 
December 9, 2002, which are referenced as the appropriate sources of 
service information for accomplishing the repetitive inspections 
specified in paragraphs (f) and (g) of the AD. The later revisions are 
EMBRAER Service Bulletin 145-27-0098, Change 01, dated June 3, 2003, 
and Revision 02, dated April 12, 2004; and EMBRAER Service Bulletin 
145LEG-27-0006, Revision 01, dated June 3, 2003, and Revision 02, dated 
April 12, 2004. We have included the later revisions of those service 
bulletins in paragraphs (f) and (g) of this AD.

Explanation of Change to Affected ADs

    Since the NPRM was published, a supplemental NPRM was issued for 
FAA rulemaking 2002-NM-89-AD. Therefore, we have revised paragraph 
(b)(2) of this AD to update the reference to FAA rulemaking 2002-NM-89-
AD (70 FR 55310, September 21, 2005).

Explanation of Changes to Applicability

    We have revised the applicability of the existing AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.
    In the NPRM, we inadvertently excluded Model EMB-145XR, -145MP, and 
-145EP airplanes from paragraph (c), Applicability, of the proposed AD. 
However, since those airplanes were included with all other airplanes 
listed in the Preamble, Discussion and Requirements sections of the 
proposed AD, it was clear that we intended to include those airplanes 
in the proposed AD. Therefore, we have revised paragraph (c) of the AD 
to include Model EMB-145XR, -145MP, and -145EP airplanes.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD with the 
changes described previously. We have determined that these changes 
will neither increase the economic burden on any operator nor increase 
the scope of the AD.

Costs of Compliance

    This AD affects 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 
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 required actions take about 3 work hours per airplane. 
Required parts cost about $79 per cartridge (2 per airplane). Based on 
these figures, the estimated cost of the new actions specified in this 
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 AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 AD and placed it in the AD docket. 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

[[Page 72365]]

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. 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):

2005-24-11 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14391. Docket No. FAA-2005-22033; Directorate 
Identifier 2004-NM-218-AD.

Effective Date

    (a) This AD becomes effective January 9, 2006.

Affected ADs

    (b)(1) This AD supersedes AD 2003-09-03.
    (2) Certain actions required by this AD are affected by FAA 
rulemaking 2002-NM-89-AD.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ, -135ER, -135KE, 
-135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes; certificated in any category; having spring 
cartridges part number KPD2611 installed in the elevator gust lock 
system.

Unsafe Condition

    (d) This AD results from reports of an improperly fitting lock 
washer causing the clevis of the spring cartridge in the 
electromechanical gust lock system to become unscrewed. We are 
issuing this AD to prevent the 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; Revision 01, dated June 3, 
2003; or Revision 02, dated April 12, 2004. 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; Change 01, dated June 3, 2003; or Revision 02, dated April 
12, 2004. 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 EMBRAER 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 EMBRAER 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) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.
    (3) 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.

Material Incorporated by Reference

    (m) You must use the service bulletins specified in Table 1 of 
this AD to perform the actions that are required by this AD, unless 
the AD specifies otherwise.

[[Page 72366]]



            Table 1.--All Material Incorporated by Reference
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    EMBRAER service bulletin          Issue level            Date
------------------------------------------------------------------------
145-27-0098.....................  Original..........  December 9, 2002.
145-27-0098.....................  Change 01.........  June 3, 2003.
145-27-0098.....................  Revision 02.......  April 12, 2004.
145-27-0102.....................  Revision 02.......  January 20, 2005.
145LEG-27-0006..................  Original..........  December 9, 2002.
145LEG-27-0006..................  Revision 01.......  June 3, 2003.
145LEG-27-0006..................  Revision 02.......  April 12, 2004.
145LEG-27-0012..................  Revision 01.......  April 12, 2004.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service documents listed in Table 
2 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
EMBRAER Service Bulletin 145LEG-27-0012, Revision 01, dated April 
12, 2004, contains the following effective pages:

------------------------------------------------------------------------
                                    Revision level
            Page No.                 shown on page    Date shown on page
------------------------------------------------------------------------
1, 2............................  01................  April 12, 2004.
3-7.............................  Original..........  March 2, 2004.
------------------------------------------------------------------------


            Table 2.--New Material Incorporated by Reference
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    EMBRAER service bulletin          Issue level            Date
------------------------------------------------------------------------
145-27-0098.....................  Change 01.........  June 3, 2003.
145-27-0098.....................  Revision 02.......  April 12, 2004.
145-27-0102.....................  Revision 02.......  January 20, 2005.
145LEG-27-0006..................  Revision 01.......  June 3, 2003.
145LEG-27-0006..................  Revision 02.......  April 12, 2004.
145LEG-27-0012..................  Revision 01.......  April 12, 2004.
------------------------------------------------------------------------

    (2) On May 14, 2003 (68 FR 22585, April 29, 2003), the Director 
of the Federal Register approved the incorporation by reference of 
EMBRAER Service Bulletin 145-27-0098, dated December 9, 2002; and 
EMBRAER Service Bulletin 145LEG-27-0006, dated December 9, 2002.
    (3) Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), 
P.O. Box 343-CEP 12.225, Sao Jose dos Campos-SP, Brazil, for a copy 
of this service information. You may review copies at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., room PL-401, Nassif Building, Washington, DC; on the 
Internet at http://dms.dot.gov; or at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on November 18, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23512 Filed 12-2-05; 8:45 am]
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