[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Rules and Regulations]
[Pages 72902-72904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23656]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23187; Directorate Identifier 2005-NM-203-AD; 
Amendment 39-14397; AD 2005-25-04]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
EMBRAER Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -145ER, 
-145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This AD requires 
reviewing the airplane maintenance records for recent reports of 
vibration from the tail section or rudder pedals. This AD also requires 
repetitively inspecting the skin, attachment fittings, and control rods 
of rudder II to detect cracking, loose parts, wear, or damage; and 
related investigative/corrective actions if necessary. This AD results 
from reports of rudder vibration due to wear. We are issuing this AD to 
prevent failure of multiple hinge fittings, which could result in 
severe vibration, and to prevent failure of the rudder control rods, 
which could result in jamming of the rudder II; and possible structural 
failure and reduced controllability of the airplane.

DATES: This AD becomes effective December 23, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of December 23, 
2005.
    We must receive comments on this AD by February 6, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this 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.
    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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified us that an unsafe condition may exist on 
all EMBRAER Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. The DAC 
advises that it has received reports of rudder vibration. Investigation 
revealed wear in the attachment flange bushings of rudder II that 
progressed over the hinge fittings of rudder II. Investigation also 
revealed excessive freeplay of the end-to-rod attachment of the lower 
control rod on rudder II. Failure of multiple hinge fittings could 
result in severe vibration, and failure of the rudder control rods 
could result in jamming of the rudder II. These conditions, if not 
corrected, could result in possible structural failure and reduced 
controllability of the airplane.

Relevant Service Information

    EMBRAER has issued Alert Service Bulletins 145LEG-55-A010, dated 
August 26, 2005, and 145-55-A036, Revision 01, dated September 5, 2005. 
The following table identifies the actions described in the service 
bulletins, which are divided into six parts.

                       Service Bulletin Procedures
------------------------------------------------------------------------
                                                           Related
      Part             Action         Condition       investigative and
                                                     corrective actions
------------------------------------------------------------------------
I...............  Visual           Crack..........  Repair or
                   inspection of                     replacement of the
                   the rudder II                     affected area.
                   skin.
                  Inspection of    Relative         Replacement of the
                   the rudder II    movement         control rod.
                   control rods.    between a
                                    control rod
                                    and its rod
                                    end.
                  Detailed visual  Wear or damage   Part(s) II, III, IV,
                   inspection of    at only one      or V, as
                   the rudder II    attachment.      applicable, of the
                   attachment      Wear or damage    service bulletin.
                   fittings.        at more than    Parts II, III, IV,
                                    one attachment.  and V of the
                                                     service bulletin.
II-V............   Dimensional     Adequate         Part VI of the
                   inspection of    measurements.    service bulletin.
                   hinge           Measurements     Replacement of the
                   attachment       within certain   bolt and/or
                   points I, II,    limits.          bushing, and
                   III, and IV.    Measurements      accomplishment of
                                    for the          the remaining parts
                                    bushing less     of the service
                                    than certain     bulletin.
                                    limits.         Repair as approved
                                                     by EMBRAER.
VI..............  Install washers  Group and        Installation as
                   in hinge         modification     specified in Figure
                   fittings.        status.          4 of the service
                                                     bulletin, or
                                                     restoration of
                                                     modified airplanes
                                                     as specified in the
                                                     airplane
                                                     maintenance manual
                                                     (AMM).
                  Install washers  Modification     Installation as
                   in control rod   status.          specified in Figure
                   assembly.                         5 of the service
                                                     bulletin, or
                                                     restoration of
                                                     modified airplanes
                                                     as specified in the
                                                     AMM.
------------------------------------------------------------------------


[[Page 72903]]

    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The DAC mandated 
the service bulletins and issued Brazilian emergency airworthiness 
directive 2005-09-02R1, dated November 3, 2005, to ensure the continued 
airworthiness of these airplanes in Brazil.
    The service bulletins refer to EMBRAER Service Bulletins 145LEG-55-
0008, Revision 01, dated January 14, 2005; 145LEG-55-0009, dated June 
21, 2004; and 145-55-0034, Revision 01, dated January 14, 2005, as 
additional sources of service information for installing washers in the 
rudder II hinge fittings and control rod assembly.

FAA's Determination and Requirements of This 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 we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD to prevent failure of multiple 
hinge fittings, which could result in severe vibration, and to prevent 
failure of the rudder control rods, which could result in jamming of 
the rudder II; and possible structural failure and reduced 
controllability of the airplane. This AD requires reviewing the 
airplane maintenance records for recent reports of vibration from the 
tail section or rudder pedals. This AD also requires the actions 
specified in the service information described previously, except as 
discussed below.

Differences Between AD and Service Information/Brazilian Airworthiness 
Directive

    The Brazilian airworthiness directive allows operators up to 20 
flight hours/cycles to inspect airplanes that experienced vibration 
from the tail section or rudder pedals. However, for vibration reported 
before the effective date of the AD, to avoid unnecessary burden on 
operators, this AD requires compliance for the initial inspection 
within 2 days after the records review. And, for vibration reported 
after the effective date of the AD, the AD will require an inspection 
before the next flight. We have not received data to substantiate the 
continued safe operation of airplanes with reported vibration. However, 
if EMBRAER provides inspection criteria or analyses that would 
substantiate continued operational flight for the specified time 
period, we may consider further rulemaking in the future.
    The service bulletins specify to contact the manufacturer for 
instructions on how to repair certain conditions, but this AD requires 
repairing those conditions using a method that we or the DAC (or its 
delegated agent) approve. In light of the type of repair that would be 
required to address the unsafe condition, and consistent with existing 
bilateral airworthiness agreements, we have determined that, for this 
AD, a repair we or the DAC approve under those conditions would be 
acceptable for compliance with this AD.

Clarification of Inspection Terminology

    Where Part I of the service bulletins refers to inspections for 
discrepancies of the rudder II, we have determined that these 
procedures should be described as a ``detailed inspection.'' Note 1 in 
this AD defines this type of inspection.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD; therefore, providing notice and opportunity for public comment 
before the AD is issued is impracticable, and good cause exists to make 
this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2005-
23187; Directorate Identifier 2005-NM-203-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    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 AD. Using the search function of that 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 may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.

Examining the Docket

    You may 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 Docket Management System 
receives them.

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 the 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

[[Page 72904]]

    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:

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-25-04 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14397. Docket No. FAA-2005-23187; Directorate 
Identifier 2005-NM-203-AD.

Effective Date

    (a) This AD becomes effective December 23, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER Model EMB-135BJ, -135ER, -
35KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes; certificated in any category.

Unsafe Condition

    (d) This AD results from reports of rudder vibration due to 
wear. We are issuing this AD to prevent failure of multiple hinge 
fittings, which could result in severe vibration, and to prevent 
failure of the rudder control rods, which could result in jamming of 
the rudder II; and possible structural failure 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.

Records Review

    (f) Within 5 days after the effective date of this AD: Review 
the airplane maintenance records to determine whether any vibration 
from the tail section or rudder pedals was reported within 120 
flight hours or 100 flight cycles before the effective date of this 
AD.

Inspection

    (g) At the applicable time specified in paragraph (g)(1) or 
(g)(2) of this AD: Do a detailed inspection of the skin, attachment 
fittings, and control rods of rudder II to detect cracks, loose 
parts, wear, or damage. Inspect in accordance with the 
Accomplishment Instructions of EMBRAER Alert Service Bulletin 
145LEG-55-A010, dated August 26, 2005 (for Model EMB-135BJ 
airplanes); or 145-55-A036, Revision 01, dated September 5, 2005 
(for all other airplanes). Do all related investigative/corrective 
actions before further flight by doing all applicable actions 
specified in the service bulletin; except as required by paragraph 
(i) of this AD. Repeat the inspection at intervals not to exceed 
2,500 flight hours, except as required by paragraph (h) of this AD.
    (1) If any vibration was reported during the time period 
specified in paragraph (f) of this AD, inspect within 2 days after 
the records review.
    (2) If no vibration was reported during the time period 
specified in paragraph (f) of this AD, except as required by 
paragraph (h) of this AD, inspect before the later of:
    (i) 2,500 total accumulated flight hours.
    (ii) 600 flight hours or 500 flight cycles, whichever occurs 
first, after the effective date of this AD.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
a mirror, magnifying lenses, etc., may be necessary. Surface 
cleaning and elaborate procedures may be required.''


    (h) If any vibration from the tail section or rudder pedals is 
reported after the effective date of this AD, do the inspection 
specified in paragraph (g) of this AD before the next flight. Repeat 
the inspection thereafter at intervals not to exceed 2,500 flight 
hours.


    Note 2: EMBRAER Alert Service Bulletin 145LEG-55-A010, dated 
August 26, 2005, and 145-55-A036, Revision 01, dated September 5, 
2005; refer to EMBRAER Service Bulletins 145LEG-55-0008, Revision 
01, dated January 14, 2005, 145LEG-55-0009, dated June 21, 2004, and 
145-55-0034, Revision 01, dated January 14, 2005, as additional 
sources of service information for installing washers in the rudder 
II hinge fittings and control rod assembly.

Exceptions to Service Bulletin Specifications

    (i) Where EMBRAER Alert Service Bulletins 145LEG-55-A010 and 
145-55-A036 specify to contact EMBRAER for repair instructions, 
operators must perform the repair before further flight using a 
method approved by either the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the Departmento de 
Aviacao Civil (or its delegated agent).
    (j) Although EMBRAER Alert Service Bulletins 145LEG-55-A010 and 
145-55-A036 recommend sending a report of the inspection results to 
the manufacturer, this AD does not require a report.

Credit for Prior Accomplishment of Earlier Service Bulletin

    (k) For Model -135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes: Accomplishment 
of the inspection and applicable related investigative/corrective 
actions before the effective date of this AD, in accordance with 
EMBRAER Alert Service Bulletin 145-55-A036, dated August 20, 2005, 
is acceptable for compliance with the corresponding requirements of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (l)(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 Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (m) Brazilian emergency airworthiness directive 2005-09-02R1, 
dated November 3, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (n) You must use EMBRAER Alert Service Bulletin 145LEG-55-A010, 
dated August 26, 2005; or EMBRAER Alert Service Bulletin 145-55-
A036, Revision 01, dated September 5, 2005; as applicable, to 
perform the actions that are required by this AD, unless the AD 
specifies otherwise. The Director of the Federal Register approved 
the incorporation by reference of these documents in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. 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 2, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23656 Filed 12-7-05; 8:45 am]
BILLING CODE 4910-13-U