[Federal Register Volume 71, Number 16 (Wednesday, January 25, 2006)]
[Proposed Rules]
[Pages 4067-4069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-901]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23673; Directorate Identifier 2005-NM-233-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and 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 adopt a new airworthiness directive (AD) 
for all EMBRAER Model EMB-135 and EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes. This proposed AD would require 
inspecting to determine the part number of the ailerons. For airplanes 
with affected aileron part numbers, this proposed AD would require 
reworking the aileron damper fitting. For certain airplanes, this 
proposed AD would also require replacing the rod end of the aileron 
damper assembly with an improved rod end. This proposed AD results from 
reports of structural failure of the rod end of the aileron damper, 
which was caused by insufficient clearance between the lugs of the 
aileron damper fitting and the rod end of the aileron damper. We are 
proposing this AD to prevent failure of the aileron damper, which could 
result in failure of the aileron actuator and consequent reduced 
controllability of the airplane.

DATES: We must receive comments on this proposed AD by February 24, 
2006.

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.
    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 proposed 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 in the ADDRESSES section. Include the docket number ``FAA-2006-
23673; Directorate Identifier 2005-NM-233-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 
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.

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-135 and EMB-145, -145ER, -145MR, -145LR, -145XR, 
-145MP, and -145EP airplanes. The DAC advises of reports indicating 
structural failure of the rod ends of the aileron damper. This failure 
has been attributed to insufficient clearance between the lugs of the 
aileron damper fitting and the rod end of the aileron damper. The 
insufficient clearance is associated with improper clearance between 
the rod end and its bearing race. A failed rod end is a hidden failure 
of the aileron damper. Flutter caused by failure of the aileron damper 
could result in failure of the aileron actuator. This condition, if not 
corrected, could result in reduced controllability of the airplane.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145-27-0108, Revision 01, dated 
April 28, 2005, which is effective for airplanes that are equipped with 
an affected aileron. The service bulletin describes procedures for 
reworking the aileron damper fitting on the left- and right-hand sides 
of the airplane. For aileron dampers with certain part numbers and 
serial numbers, the service bulletin also describes procedures for 
replacing the rod end of the aileron damper assembly with an improved 
rod end on the left- and right-hand sides of the airplane. 
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 
2005-10-04, dated November 17, 2005, to ensure the continued 
airworthiness of these airplanes in Brazil.
    The EMBRAER service bulletin refers to Textron Service Bulletin 
41012130-27-02, dated July 12, 2004, as an additional source of service 
information for replacing the rod end of the aileron damper assembly. 
The Textron service bulletin is included within the pages of the 
EMBRAER service bulletin.

[[Page 4068]]

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 we need to 
issue an AD for airplanes 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.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
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                                                      Average
                Action                  Work hours   labor rate        Parts          Cost per    Number of U.S.-registered           Fleet cost
                                                      per hour                        airplane            airplanes
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Inspection for Part Number...........            1          $65  None.............          $65  680........................  $44,200.
Rework...............................            2           65  Free.............          130  680........................  $88,400.
Replacement..........................            2           65  Free.............          130  Up to 680..................  Up to $88,400.
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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 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2006-23673; Directorate Identifier 2005-NM-233-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by February 
24, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER 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.

Unsafe Condition

    (d) This AD results from reports of structural failure of the 
rod end of the aileron damper, which was caused by insufficient 
clearance between the lugs of the aileron damper fitting and the rod 
end of the aileron damper. We are issuing this AD to prevent failure 
of the aileron damper, which could result in failure of the aileron 
actuator and consequent 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.

Part Number Determination

    (f) Within 400 flight hours after the effective date of this AD: 
Inspect the ailerons on the left- and right-hand sides of the 
airplane to determine the part number (P/N). A review of airplane 
maintenance records is acceptable in lieu of this inspection if the 
P/N of the ailerons can be conclusively determined from that review.
    (1) If the P/N of the aileron is not listed under ``Affected 
components'' in paragraph 1.A.(1) of EMBRAER Service Bulletin 145-
27-0108, Revision 01, dated April 28, 2005: No further action is 
required by this AD for that aileron.
    (2) If the P/N of the aileron is listed under ``Affected 
components'' in paragraph 1.A.(1) of EMBRAER Service Bulletin 145-
27-0108, Revision 01, dated April 28, 2005: Do paragraph (g) of this 
AD.

Rework of Aileron Damper Fitting

    (g) For any airplane equipped with an aileron having a P/N 
listed under ``Affected components'' in paragraph 1.A.(1) of EMBRAER 
Service Bulletin 145-27-0108, Revision 01, dated April 28, 2005: 
Within 400 flight hours after the effective date of this AD, rework 
the aileron damper fitting on the left- and right-hand sides of the 
airplane, in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 145-27-0108, Revision 01, dated April 28, 
2005.

[[Page 4069]]

Replacement of the Rod End of the Aileron Damper Assembly

    (h) For airplanes equipped with an aileron damper assembly 
having P/N 41012130-102, -103, or -104, and serial number 001 
through 0712 inclusive: Within 400 flight hours after the effective 
date of this AD, replace the rod end of the aileron damper assembly, 
P/N 41011486-101, with an improved rod end, P/N 41011486-102, on the 
left- and right-hand sides of the airplane, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0108, 
Revision 01, dated April 28, 2005.

    Note 1:  EMBRAER Service Bulletin 145-27-0108, Revision 01, 
refers to Textron Service Bulletin 41012130-27-02, dated July 12, 
2004, as an additional source of service information for replacing 
the rod end of the aileron damper assembly. The Textron service 
bulletin is included within the pages of the EMBRAER service 
bulletin.

Actions Accomplished Previously

    (i) Actions accomplished before the effective date of this AD in 
accordance with EMBRAER Service Bulletin 145-27-0108, dated July 28, 
2004, are acceptable for compliance with the corresponding actions 
required by this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(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

    (k) Brazilian airworthiness directive 2005-10-04, dated November 
17, 2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on January 17, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-901 Filed 1-24-06; 8:45 am]
BILLING CODE 4910-13-P