[Federal Register Volume 70, Number 250 (Friday, December 30, 2005)]
[Rules and Regulations]
[Pages 77303-77307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24530]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-89-AD; Amendment 39-14436; AD 2005-26-15]
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, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-135 airplanes; and Model EMB-
145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes, that 
requires performing repetitive inspections for cracks, ruptures, or 
bends in certain components of the elevator control system; replacing 
discrepant components; and, for certain airplanes, installing a new 
spring cartridge and implementing new logic for the electromechanical 
gust lock system. The AD also requires eventual modification of the 
elevator gust lock system to replace the mechanical system with an 
electromechanical system, which will terminate the repetitive 
inspections. The actions specified by this AD are intended 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: Effective February 3, 2006.

[[Page 77304]]

    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 3, 2006.

ADDRESSES: The service information referenced in this AD may be 
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. 
Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil. This information 
may be examined at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-135 and 
-145 series airplanes was published as a supplemental notice of 
proposed rulemaking (NPRM) in the Federal Register on September 21, 
2005 (70 FR 55310). That action proposed to require performing 
repetitive inspections for cracks, ruptures, or bends in certain 
components of the elevator control system; replacing discrepant 
components; and, for certain airplanes, installing a new spring 
cartridge and implementing new logic for the electromechanical gust 
lock system. The proposed AD 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments to the proposed AD were 
received.

Correction to Final Rule

    In paragraph (c)(2) of the supplemental NPRM we inadvertently used 
an incorrect date for EMBRAER Service Bulletin 145-27-0086, Change 04, 
dated March 21, 2005, and have corrected the date accordingly in the 
final rule.

Clarification of Appropriate Service Information

    We have revised paragraphs (c)(1)(i) and (c)(1)(ii) of this AD to 
clarify that the actions required by those paragraphs must be done in 
accordance with EMBRAER Service Bulletin 145-27-0075, Revision 08, 
dated March 3, 2005.

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.

Explanation of Change to Applicability

    We specify model designations in the applicability of this proposed 
AD as those designations are published in the most recent type 
certificate data sheet for the affected models. These model 
designations differ in the referenced service bulletin(s).

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.

Cost Impact

    We estimate that 300 airplanes of U.S. registry will be affected by 
this AD.
    It will take approximately 1 work hour per airplane, per inspection 
cycle, to accomplish the inspection, at an average labor rate of $65 
per work hour. Based on these figures, the cost impact of this action 
on U.S. operators is estimated to be $19,500, or $65 per airplane, per 
inspection cycle.
    We estimate that 108 airplanes of U.S. registry will be subject to 
EMBRAER Service Bulletin 145-27-0075, Revision 08, dated March 3, 2005. 
For these airplanes, it will take up to 65 work hours to accomplish the 
modification in that service bulletin, at an average labor rate of $65 
per work hour. Required parts will cost up to $14,000 per airplane. 
Based on these figures, the cost impact of this action on U.S. 
operators is estimated to be up to $1,968,300, or $18,225 per airplane.
    We estimate that 192 airplanes of U.S. registry will be subject to 
EMBRAER Service Bulletin 145-27-0086, Change 04, dated March 21, 2005. 
For these airplanes, it will take approximately 133 work hours to 
accomplish the modification in that service bulletin, at an average 
labor rate of $65 per work hour. Required parts will cost up to $23,164 
per airplane. Based on these figures, the cost impact of this action on 
U.S. operators is estimated to be up to $6,107,328, or $31,809 per 
airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the 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.

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 Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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

[[Page 77305]]

Flexibility Act. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2005-26-15 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14436. Docket 2002-NM-89-AD.

    Applicability: Model EMB-135BJ, -135ER, -135KE, -135KL, and -
135LR airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145XR, 
-145MP, and -145EP 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, certificated in any category.
    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, in accordance with 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, in accordance with 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, Revision 08, dated March 3, 2005: Do paragraph (c)(1)(i) or 
(c)(1)(ii) of this AD, as applicable, and install a new spring 
cartridge and implement new logic for the electromechanical gust 
lock system by doing all actions in section 3.D. (Part IV) of the 
Accomplishment Instructions of the service bulletin. After 
accomplishing the actions in EMBRAER Service Bulletin 145-27-0101; 
as specified in the Accomplishment Instructions of EMBRAER Service 
Bulletin 145-27-0075, Revision 08; the airplane flight manual (AFM) 
revision required by AD 2002-26-51, amendment 39-13008, may be 
removed from the Limitations section of the EMBRAER EMB-145 AFM. 
Accomplishing the actions specified in the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-27-0102; as specified 
by EMBRAER Service Bulletin 145-27-0075, Revision 08; terminates the 
repetitive inspections required by AD 2005-24-11, amendment 39-
14391.
    (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 EMBRAER Service Bulletin 145-27-0075, Revision 08, 
as applicable. If the inspection reveals that certain subject parts 
have not been removed previously, before further flight, remove the 
subject parts in accordance with EMBRAER Service Bulletin 145-27-
0075, Revision 08. Where Parts I and II of the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-27-0075, Revision 08, 
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 EMBRAER Service Bulletin 145-27-0075, Revision 08.
    (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 EMBRAER Service Bulletin 145-27-0075, Revision 08.

    Note 2: Part IV of the Accomplishment Instructions of EMBRAER 
Service Bulletin 145-27-0075, Revision 08, refers to EMBRAER Service 
Bulletin 145-27-0101, currently at Revision 02, dated December 27, 
2004; and EMBRAER Service Bulletin 145-27-0102, currently at 
Revision 02, dated January 20, 2005; 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.

    (2) For airplanes listed in EMBRAER Service Bulletin 145-27-
0086, Change 04, dated March 21, 2005: 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) of the Accomplishment Instructions of 
the service bulletin. 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 Manager, International 
Branch, ANM-116, Transport Airplane Directorate, 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) of the Accomplishment 
Instructions of the service bulletin.
    (iii) Install and activate the electromechanical gust lock 
system by doing all actions in section 3.D. (Part IV) of the 
Accomplishment Instructions of the service bulletin. Where Part IV 
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 of the service bulletin.
    (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. After accomplishing the actions in 
EMBRAER Service Bulletin 145-27-0101; as specified in the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0086, 
Change 04; the AFM revision required by AD 2002-26-51, amendment 39-
13008, may be removed from the Limitations section of the EMBRAER 
EMB-145 AFM. Accomplishing the actions in EMBRAER Service Bulletin 
145-27-0102; as specified in the Accomplishment Instructions of 
EMBRAER Service Bulletin 145-27-0086, Change 04; terminates the 
repetitive inspections required by AD 2005-24-11, amendment 39-
14391.

    Note 3: Part V of the Accomplishment Instructions of EMBRAER 
Service Bulletin 145-27-0086, Change 04, refers to EMBRAER Service 
Bulletin 145-27-0101, currently at

[[Page 77306]]

Revision 02, dated December 27, 2004; and EMBRAER Service Bulletin 
145-27-0102, currently at Revision 02, dated January 20, 2005; 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.

Actions Accomplished Previously

    (d) Actions accomplished before the effective date of this AD 
are acceptable for compliance with corresponding requirements of 
this AD as specified in paragraphs (d)(1), (d)(2), and (d)(3) of 
this AD.
    (1) Modification of the elevator gust lock system before the 
effective date of this AD in accordance with EMBRAER Service 
Bulletin 145-27-0075, Change 06, dated July 16, 2002, is acceptable 
for compliance with paragraph (c)(1) of this AD, provided that, 
within the compliance time specified in paragraph (c) of this AD, a 
new spring cartridge is installed and new logic for the 
electromechanical gust lock system is implemented in accordance with 
Part IV of EMBRAER Service Bulletin 145-27-0075, Revision 07, dated 
March 2, 2004, or Revision 08, dated March 3, 2005.
    (2) Modification of the elevator gust lock system before the 
effective date of this AD in accordance with EMBRAER Service 
Bulletin 145-27-0075, Revision 07, dated March 2, 2004, is 
acceptable for compliance with paragraph (c)(1) of this AD.
    (3) Modification of the elevator gust lock system before the 
effective date of this AD in accordance with EMBRAER Service 
Bulletin 145-27-0086, Change 02, dated December 23, 2003; or EMBRAER 
Service Bulletin 145-27-0086, Change 03, dated April 14, 2004; is 
acceptable for compliance with paragraph (c)(2) of this AD.

Alternative Methods of Compliance

    (e)(1) In accordance with 14 CFR 39.19, the Manager, 
International Branch, ANM-116, is authorized to approve alternative 
methods of compliance for this AD.
    (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.

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

Material Incorporated by Reference

    (f) Unless otherwise specified in this AD, the actions must be 
done in accordance with the EMBRAER service information listed in 
Table 1 of this AD. This incorporation by reference was approved by 
the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. EMBRAER Service Bulletin 145-27-0075, 
Revision 08, dated March 3, 2005, contains the following effective 
pages:

------------------------------------------------------------------------
                                   Revision
           Page Nos.             level shown      Date shown on page
                                   on page
------------------------------------------------------------------------
1-6, 8, 30-34, 39, 41, 51, 58,            08  March 3, 2005.
 62, 68, 110.
7, 9-29, 35-38, 40, 42-50, 52-            07  March 2, 2004.
 57, 59-61, 63-67, 69-109, 111-
 117.
------------------------------------------------------------------------

EMBRAER Service Bulletin 145-27-0086, Change 04, dated March 21, 
2005, contains the following effective pages:

------------------------------------------------------------------------
                                    Change
           Page Nos.             level shown      Date shown on page
                                   on page
------------------------------------------------------------------------
1-2, 5, 11-12, 23, 31, 32, 40,            04  March 21, 2005.
 62, 95.
3-4, 6-10, 13-22, 24-30, 33-39,           03  April 14, 2004.
 41-61, 63-94, 96-137.
------------------------------------------------------------------------

To get copies of this service information, contact Empresa 
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, 
Sao Jose dos Campos--SP, Brazil. To inspect copies of this service 
information, go to the FAA, Transport Airplane Directorate, 1601 
Lind Avenue, SW., Renton, Washington; or to 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.

                                  Table 1.--Material Incorporated by Reference
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       EMBAER service bulletin             Revision/change level                          Date
----------------------------------------------------------------------------------------------------------------
145-27-0075.........................  Revision 08....................  March 3, 2005.
145-27-0086.........................  Change 04......................  March 21, 2005.
145-27-0087.........................  Change 03......................  September 27, 2002.
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[[Page 77307]]

Effective Date

    (g) This amendment becomes effective on February 3, 2006.

    Issued in Renton, Washington, on December 13, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-24530 Filed 12-29-05; 8:45 am]
BILLING CODE 4910-13-P