[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Rules and Regulations]
[Pages 58487-58493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15861]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23145; Directorate Identifier 2000-NM-215-AD; 
Amendment 39-14777; AD 2006-20-08]
RIN 2120-AA64


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

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all EMBRAER Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes. That AD currently requires 
repetitive inspections to detect cracking or failure of the rod ends of 
the aileron power control actuator (PCA), and corrective actions if 
necessary. This new AD requires the same repetitive inspections of 
additional parts at new inspection intervals for certain airplanes; 
provides new corrective actions; and provides an optional terminating 
action for the requirements of this AD. This AD results from the 
issuance of mandatory continuing airworthiness information by the 
Brazilian airworthiness authority. We are issuing this AD to detect and 
correct cracking or breaking of the rod ends and connecting fittings of 
the aileron PCA, which could result in reduced controllability of the 
airplane.

DATES: This AD becomes effective November 8, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of November 8, 
2006.
    The Director of the Federal Register approved the incorporation by 
reference of EMBRAER Alert Service Bulletin 145-27-A054, Change 01, 
dated February 17, 1999, on March 29, 1999 (64 FR 13892, March 23, 
1999).

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, 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, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; 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 issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR

[[Page 58488]]

part 39 to include an AD that supersedes AD 99-05-04, amendment 39-
11087 (64 FR 13892, March 23, 1999). The existing AD applies to all 
EMBRAER Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes. That NPRM was published in the Federal Register on 
December 7, 2005 (70 FR 72726). That NPRM proposed to continue to 
require repetitive inspections to detect cracking or failure of the rod 
ends of the aileron power control actuator (PCA), and corrective 
actions if necessary. That NPRM also proposed to require the same 
repetitive inspections of additional parts at new inspection intervals 
for certain airplanes to detect cracking or failure of the rod ends of 
the aileron power control actuator (PCA); provide new corrective 
actions; and provide an optional terminating action for the proposed 
requirements.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
received on the NPRM.

Request To Add Airplane Models to the Applicability

    ExpressJet requests that we include EMBRAER Model EMB-135 airplanes 
in the applicability of the NPRM. ExpressJet states that its Model EMB-
135ER and -135LR airplanes that are currently subject to an 800-flight 
hour inspection interval, if subject to the AD, would be subject to a 
1,000-flight hour inspection interval. ExpressJet asserts that these 
airplanes should be subject to the AD because they have the same 
subject parts.
    We do not agree. EMBRAER Model EMB-135 airplanes should not be 
subject to this AD because they already have the required structural 
modifications and reinforced aileron PCA-factory incorporated since the 
first production Model EMB-135 airplane. Regarding the difference in 
inspection intervals, we have confirmed with EMBRAER that there is no 
technical reason for the different inspection interval for Model EMB-
135 airplanes from that of the airplanes subject to this AD. The 
different inspection intervals for these airplanes are a result of 
different maintenance program updating processes (Maintenance Review 
Board Report updating process versus a design change approval process) 
used for the different airplane models. EMBRAER has notified us that it 
is currently in the process of issuing a temporary revision to the 
EMBRAER EMB-135 Certification Maintenance Requirements that will change 
the inspection interval for those airplanes from 800 flight hours to 
1000 flight hours-the same inspection interval specified in this AD for 
the subject airplanes. No change to the AD is necessary in this regard.

Request To Reference Parts Manufacturer Approval (PMA) Parts

    Modification and Replacement Parts Association (MARPA) requests 
that the language in the NPRM be changed to identify the new, 
reinforced parts by part number (P/N). MARPA states that the ``new and 
improved'' parts are not identified by P/N in the NPRM and asserts 
that, if they are identified by P/N in the service bulletin, the 
mandated installation of a certain P/N in the NPRM ``could constitute a 
conflict with 14 CFR Section 21.303.'' MARPA also requests that a 
qualifying statement, ``or other FAA-approved part,'' be appended. 
MARPA states that this qualification would remove the possible 
``conflict'' by explicitly stating that other qualified PMA parts are 
permitted.
    We infer that MARPA would like the AD to permit installation of any 
equivalent PMA parts so that it is not necessary for an operator to 
request approval of an alternative method of compliance (AMOC) in order 
to install an ``equivalent'' PMA part. Whether an alternative part is 
``equivalent'' in adequately resolving the unsafe condition can only be 
determined on a case-by-case basis based on a complete understanding of 
the unsafe condition. Our policy is that, in order for operators to 
replace a part with one that is not specified in the AD, they must 
request an AMOC. This is necessary so that we can make a specific 
determination that an alternative part is or is not susceptible to the 
same unsafe condition. Therefore, we do not agree with MARPA's requests 
and have made no change to the AD in this regard.
    The AD provides a means of compliance for operators to ensure that 
the identified unsafe condition is addressed appropriately. For an 
unsafe condition attributable to a part, the AD normally identifies the 
replacement parts necessary to obtain that compliance. As stated in 
section 39.7 of the Federal Aviation Regulations (14 CFR 39.7), 
``Anyone who operates a product that does not meet the requirements of 
an applicable airworthiness directive is in violation of this 
section.'' Unless an operator obtains approval for an AMOC, replacing a 
part with one not specified by the AD would make the operator subject 
to an enforcement action and result in a civil penalty. We acknowledge 
that there may be other ways of addressing this issue. Once we have 
thoroughly examined all aspects of this issue, including input from 
industry, and have made a final determination, we will consider whether 
our policy regarding PMA parts in ADs needs to be revised. However, we 
consider that to delay this AD action would be inappropriate, since we 
have determined that an unsafe condition exists and that replacement of 
certain parts must be accomplished to ensure continued safety. 
Therefore, no change to the AD is necessary in this regard.
    In response to MARPA's statement regarding a ``conflict with FAR 
21.303,'' under which the FAA issues PMAs, this statement appears to 
reflect a misunderstanding of the relationship between ADs and the 
certification procedural regulations of part 21 of the Federal Aviation 
Regulations (14 CFR part 21). Those regulations, including section 
21.303 of the Federal Aviation Regulations (14 CFR 21.203), are 
intended to ensure that aeronautical products comply with the 
applicable airworthiness standards. But ADs are issued when, 
notwithstanding those procedures, we become aware of unsafe conditions 
in these products or parts. Therefore, an AD takes precedence over 
design approvals when we identify an unsafe condition, and mandating 
installation of a certain P/N in an AD is not at variance with section 
Sec.  21.303.

Request To Address Defective PMA Parts

    MARPA notes that the P/Ns cited in the NPRM reflect both original 
equipment manufacturer (OEM) and PMA parts ``approved by identicality 
under license to Parker Hannifin Company.'' The commenter believes that 
the requirements of the AD should apply equally to the OEM and PMA 
parts.
    We do not agree that it is necessary to specify whether an 
identified part is made by the OEM or by the holder of a PMA. The P/Ns 
of the affected parts are the information that is necessary to comply 
with the requirements of this AD and those P/Ns are clearly identified 
in the AD. Therefore, no change has been made to the final rule in this 
regard.

Request To Use Serviceable Parts

    ExpressJet also asks that we revise the NPRM to allow use of 
serviceable parts in lieu of new parts for replacement/installation of 
an aileron PCA. ExpressJet states that it completed the requirements of 
this AD some time ago and that they used parts that were serviceable, 
but may not have been new.
    We agree. It is our policy to allow operators to use serviceable 
parts in lieu

[[Page 58489]]

of new parts if a serviceable part exists and that part is not subject 
to the unsafe condition addressed by the AD and will adequately ensure 
long-term continued operational safety by its use. Therefore, we have 
changed this final rule to allow use of serviceable parts for the 
replacement/installation of an aileron PCA.

Request To Add Service Information

    ExpressJet asks that we add the service information identified in 
the table below as acceptable methods of compliance for the 
requirements of the paragraphs also specified in the table below. 
ExpressJet notes that the technical content of these service bulletins 
is the same as in the later revisions already cited in the NPRM as the 
appropriate sources of service information for the requirements of 
those paragraphs.

            Service Information Requested for Inclusion in AD
------------------------------------------------------------------------
Add this service bulletin as an        For the
      acceptable method of         requirements of   Approved as an AMOC
          compliance--             paragraph(s)--            to--
------------------------------------------------------------------------
EMBRAER Service Bulletin 145-27- Paragraph (j).....  None.
 0062, Change 02, dated
 September 12, 2000.
EMBRAER Service Bulletin 145-57- Paragraphs (k),     AD 99-05-04.
 0019, Change 01, dated March     (l), and (n)(2).
 30, 2000.
EMBRAER Service Bulletin 145-27- Paragraphs (k) and  None.
 0061, dated October 19, 1999.    (n)(2).
EMBRAER Service Bulletin 145-27- Paragraphs (k) and  AD 99-05-04.
 0061, Change 01, dated October   (n)(2).
 29, 1999.
------------------------------------------------------------------------

    We agree with ExpressJet's request. We have reviewed these service 
bulletins and have determined that the technical content of each is 
essentially the same as those already referenced in the NPRM for the 
applicable actions. Therefore, we have added these service bulletins to 
the applicable paragraphs as acceptable methods of compliance for the 
applicable requirements of this final rule.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been received, 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

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

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                   Number of U.S.-
              Action                  Work hours     Average labor           Parts            Cost per airplane      registered          Fleet cost
                                                     rate per hour                                                    airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspections (required by AD 99-05-               1             $65  None..................  $65, per inspection               661  $42,965, per
 04).                                                                                        cycle.                                 inspection cycle.
Inspections (new action for                      1              65  None..................  $65, per inspection               661  $42,965, per
 airplanes subject to EMBRAER                                                                cycle.                                 inspection cycle.
 Service Bulletin 145-27-0054).
Replacing the PCA connecting                    24              65  $19,817...............  $21,377..............             661  $14,130,197.
 fittings (new action).
--------------------------------------------------------------------------------------------------------------------------------------------------------

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:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:


[[Page 58490]]


    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 
removing amendment 39-11087 (64 FR 13892, March 23, 1999) and by adding 
the following new airworthiness directive (AD):

2006-20-08 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14777. Docket No. FAA-2005-23145; Directorate 
Identifier 2000-NM-215-AD.

Effective Date

    (a) This AD becomes effective November 8, 2006.

Affected ADs

    (b) This AD supersedes AD 99-05-04.

Applicability

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

Unsafe Condition

    (d) This AD results from the issuance of mandatory continuing 
airworthiness information by the Brazilian airworthiness authority. 
We are issuing this AD to detect and correct cracking or breaking of 
the rod ends and connecting fittings of the aileron power control 
actuator (PCA), which could result in 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 Certain Requirements of AD 99-05-04

Initial and Repetitive Inspections

    (f) Within 24 hours (1 day) after March 29, 1999 (the effective 
date of AD 99-05-04), perform a detailed inspection to detect 
cracking or failure of the rod ends of the PCA at the aileron and 
wing connection points, in accordance with EMBRAER Alert Service 
Bulletin 145-27-A054, Change 01, dated February 17, 1999; or EMBRAER 
Service Bulletin 145-27-0054, Change 03, dated March 30, 2000, or 
Change 04, dated February 14, 2005. Repeat the inspection in 
accordance with the service bulletin thereafter at intervals not to 
exceed 3 days or 25 flight hours, whichever occurs later, until the 
initial inspection required by paragraph (h) of this AD is done.


    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 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Corrective Actions

    (g) If any cracked or failed rod end is detected during any 
inspection performed in accordance with paragraph (f) of this AD, 
prior to further flight, replace the aileron PCA with a new or 
serviceable part having the same part number, in accordance with 
EMBRAER Alert Service Bulletin 145-27-A054, Change 01, dated 
February 17, 1999; or EMBRAER Service Bulletin 145-27-0062, Revision 
03, dated December 11, 2002, or Revision 04, dated March 8, 2004. 
After the effective date of this AD, replace the aileron PCA only 
with a new or serviceable part that is listed in the ``New P/N'' 
column in section 2. ``Material--Cost and Availability'' of EMBRAER 
Service Bulletin 145-27-0062, Revision 03, dated December 11, 2002, 
or Revision 04, dated March 8, 2004. Do the replacement in 
accordance with the Accomplishment Instructions of the service 
bulletin. Where the service bulletin specifies to send parts to the 
parts manufacturer, that action is not required by this AD.

New Requirements of This AD

Repetitive Inspections

    (h) At the applicable ``Initial Inspection'' compliance time in 
Table 1 of this AD: Do a general visual inspection to detect 
cracking or failure of the rod ends and connecting fittings in the 
left- and right-hand PCAs at the aileron and wing structure 
connection points, in accordance with Part I of the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-27-0054, Change 03, 
dated March 30, 2000, or Change 04, dated February 14, 2005. Repeat 
the inspection at the applicable ``Repeat'' interval in Table 1 of 
this AD. Doing the initial inspection in accordance with paragraph 
(h) of this AD terminates the repetitive inspections in paragraph 
(f) of this AD.

          Table 1.--Initial and Repetitive Inspection Intervals
------------------------------------------------------------------------
For airplanes that have PCAs
  with part number (P/N)--       Do the initial          Repeat the
                                  inspection--          inspection--
------------------------------------------------------------------------
394900-1003 or 394900-1005..  Within 3 days after   At intervals not to
                               the effective date    exceed 25 flight
                               of this AD.           hours or 3 days,
                                                     whichever occurs
                                                     later.
394900-1007.................  Within 14 days after  At intervals not to
                               the effective date    exceed 100 flight
                               of this AD.           hours or 14 days,
                                                     whichever occurs
                                                     later.
418800-1001, 418800-1003,     Within 500 flight     At intervals not to
 418800-9003, 418800-1005,     hours after the       exceed 500 flight
 418800-9005, 418800-1007,     effective date of     hours.
 or 418800-9007; and that      this AD.
 have new reinforced PCA
 fittings installed in
 accordance with paragraph
 (k) or (l) of this AD.
------------------------------------------------------------------------


    Note 2: 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.''

No Cracked or Failed PCA Rod Ends or Connecting Fittings

    (i) If no cracked or failed PCA rod end or connecting fitting is 
found during any inspection required by paragraph (h) of this AD: 
Repeat the inspection required by paragraph (h) of this AD at the 
applicable time specified in Table 1 of this AD.

Corrective Actions for Cracked or Failed Rod Ends

    (j) If any cracked or failed rod end is found during any 
inspection required by paragraph (h) of this AD: Before further 
flight, replace the aileron PCA with a new or serviceable part as 
listed in the ``New P/N'' column in section 2. ``Material--Cost and 
Availability'' of EMBRAER Service Bulletin 145-27-0062, Change 02, 
dated September 12, 2000; Revision 03, dated December 11, 2002; or 
Revision 04, dated March 8, 2004. Do the replacement in accordance 
with the Accomplishment Instructions of the service bulletin. Where 
the service bulletin specifies to send parts to the parts 
manufacturer, that action is not required by this AD.

Corrective Actions for Cracked or Failed PCA Connecting Fittings

    (k) If any cracked or failed PCA connecting fitting at the wing 
or aileron side is found during any inspection required by paragraph 
(h) of this AD: Before further flight, replace the PCA connecting 
fitting with a new, reinforced fitting, in accordance with Part I of 
the Accomplishment Instructions of

[[Page 58491]]

EMBRAER Service Bulletin 145-57-0019, Change 01, dated March 30, 
2000, Change 02, dated May 3, 2001, or Change 03, dated February 11, 
2004; and EMBRAER Service Bulletin 145-27-0061, dated October 19, 
1999, Change 01, dated October 29, 1999, Change 02, dated September 
12, 2000, Change 03, dated March 14, 2001, or Revision 04, dated 
August 11, 2004.

PCA Connecting Fitting Replacement

    (l) For airplanes with aileron PCAs with P/N 394900-1003, 
394900-1005, 394900-1007, 418800-1001, 418800-1003, 418800-9003, 
418800-1005, 418800-9005, 418800-1007, or 418800-9007: Except as 
required by paragraph (k) of this AD, at the applicable time in 
paragraphs (l)(1) and (l)(2) of this AD, replace the aileron PCA 
connecting fittings with new, reinforced fittings, in accordance 
with Part I of the Accomplishment Instructions of EMBRAER Service 
Bulletin 145-57-0019, Change 01, dated March 30, 2000, Change 02, 
dated May 3, 2001, or Change 03, dated February 11, 2004; and Part I 
of the Accomplishment Instructions of EMBRAER Service Bulletin 145-
27-0061, Change 02, dated September 12, 2000, Change 03, dated March 
14, 2001, or Revision 04, dated August 11, 2004.
    (1) For airplanes with PCAs with P/N 394900-1003, 394900-1005, 
or 394900-1007: At the later of the times in paragraphs (l)(1)(i) 
and (l)(1)(ii) of this AD.
    (i) Before the airplane accumulates 6,000 total flight hours.
    (ii) Within 3 days or 25 flight hours after the effective date 
of this AD, whichever occurs later.
    (2) For airplanes with PCAs with P/N 418800-1001, 418800-1003, 
418800-9003, 418800-1005, 418800-9005, 418800-1007, or 418800-9007: 
Before the airplane accumulates 6,000 total flight hours, or within 
600 flight hours after the effective date of this AD, whichever 
occurs later.
    (m) For airplanes with PCAs with P/N 418800-1001, 418800-1003, 
418800-9003, 418800-1005, 418800-9005, 418800-1007, or 418800-9007: 
At the applicable time specified in Table 1 of this AD following the 
replacement specified in paragraph (l) of this AD, do a general 
visual inspection of the replaced part 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). Doing the inspections in accordance with 
EMBRAER EMB-145 Aircraft Maintenance Manual Task 27-12-01-212-002-
A00, ``Inspect (Visual Inspection) Aileron PCA Rod Ends/Fitting Lugs 
for Integrity and General Condition,'' is one approved method. 
Thereafter, repeat the inspection at the applicable time specified 
in Table 1 of this AD.

Optional Terminating Action

    (n) Airplanes that meet all conditions in paragraphs (n)(1), 
(n)(2), (n)(3), and (n)(4) of this AD are not subject to the 
requirements of paragraphs (f), (h), (i), (j), (k), (l), and (m) of 
this AD.
    (1) The airplane is equipped with new aileron PCAs with P/N 
418800-1001, 418800-1003, 418800-9003, 418800-1005, 418800-9005, 
418800-1007, or 418800-9007.
    (2) The airplane is equipped with new, reinforced PCA fittings 
installed in production or in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-57-0019, Change 01, 
dated March 30, 2000, Change 02, dated May 3, 2001, or Change 03, 
dated February 11, 2004; and EMBRAER Service Bulletin 145-27-0061, 
dated October 19, 1999, Change 01, dated October 29, 1999, Change 
02, dated September 12, 2000, Change 03, dated March 14, 2001, or 
Revision 04, dated August 11, 2004; as applicable.
    (3) The airplane is equipped with an aileron damper with P/N 
41012130-103 or 41012130-104 that was installed in production or in 
accordance with the Accomplishment Instructions of any service 
bulletin listed in Table 2 of this AD.

         Table 2.--Aileron Damper Installation Service Bulletins
------------------------------------------------------------------------
   EMBRAER service bulletin     Revision level            Date
------------------------------------------------------------------------
145-27-0063..................  Original.......  March 30, 2000.
145-27-0063..................  Change 01......  October 2, 2000.
145-27-0063..................  Change 02......  March 22, 2002.
145-27-0063..................  Change 03......  May 27, 2004.
145-27-0063..................  Revision 04....  October 13, 2004.
145-27-0063..................  Revision 05....  March 16, 2005.
------------------------------------------------------------------------

    (4) The general visual inspections for structural integrity of 
the aileron PCA and the aileron damper terminals and fittings at the 
wing and aileron sides at intervals not exceeding 1,000 flight 
hours, established in the EMBRAER Model EMB-145 Maintenance Review 
Board document, are implemented.

Alternative Methods of Compliance (AMOCs)

    (o)(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.
    (3) Alternative methods of compliance approved previously in 
accordance with AD 99-05-04 are approved as alternative methods of 
compliance with this AD.

Related Information

    (p) Brazilian airworthiness directive 1999-02-01R6, dated June 
21, 2004, also addresses the subject of this AD.

Incorporation by Reference

    (q) You must use the EMBRAER service bulletins identified in 
Table 3 of this AD, as applicable, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. If 
accomplished, you must use the EMBRAER service bulletins identified 
in Table 4 of this AD, to perform the aileron damper installation 
provided in paragraph (n)(3) of this AD, unless the AD specifies 
otherwise.

     Table 3.--Required Service Bulletins Incorporated by Reference
------------------------------------------------------------------------
                               Revision/change
       Service bulletin             level                 Date
------------------------------------------------------------------------
EMBRAER Alert Service          Change 01......  February 17, 1999.
 Bulletin 145-27-A054.
EMBRAER Service Bulletin 145-  Change 03......  March 30, 2000.
 27-0054.
EMBRAER Service Bulletin 145-  Change 04......  February 14, 2005.
 27-0054.
EMBRAER Service Bulletin 145-  Original.......  October 19, 1999.
 27-0061.
EMBRAER Service Bulletin 145-  Change 01......  October 29, 1999.
 27-0061.
EMBRAER Service Bulletin 145-  Change 02......  September 12, 2000.
 27-0061.
EMBRAER Service Bulletin 145-  Change 03......  March 14, 2001.
 27-0061.
EMBRAER Service Bulletin 145-  Revision 04....  August 11, 2004.
 27-0061.

[[Page 58492]]

 
EMBRAER Service Bulletin 145-  Change 02......  September 12, 2000.
 27-0062.
EMBRAER Service Bulletin 145-  Revision 03....  December 11, 2002.
 27-0062.
EMBRAER Service Bulletin 145-  Revision 04....  March 8, 2004.
 27-0062.
EMBRAER Service Bulletin 145-  Change 01......  March 30, 2000.
 57-0019.
EMBRAER Service Bulletin 145-  Change 02......  May 3, 2001.
 57-0019.
EMBRAER Service Bulletin 145-  Change 03......  February 11, 2004.
 57-0019.
------------------------------------------------------------------------


 Table 4.--Aileron Damper Installation Service Bulletins Incorporated by
                                Reference
------------------------------------------------------------------------
   EMBRAER Service Bulletin     Revision level            Date
------------------------------------------------------------------------
145-27-0063..................  Original.......  March 30, 2000.
145-27-0063..................  Change 01......  October 2, 2000.
145-27-0063..................  Change 02......  March 22, 2002.
145-27-0063..................  Change 03......  May 27, 2004.
145-27-0063..................  Revision 04....  October 13, 2004.
145-27-0063..................  Revision 05....  March 16, 2005.
------------------------------------------------------------------------

EMBRAER Service Bulletin 145-57-0019, Change 03, dated February 11, 
2004, contains the following effective pages:

------------------------------------------------------------------------
                                 Change level
           Page No.             shown on page      Date shown on page
------------------------------------------------------------------------
1-4..........................  03.............  February 11, 2004.
5-71.........................  02.............  May 3, 2001.
------------------------------------------------------------------------

EMBRAER Service Bulletin 145-27-0063, Change 01, dated October 2, 
2000, contains the following effective pages:

------------------------------------------------------------------------
                                 Change level
           Page No.             shown on page      Date shown on page
------------------------------------------------------------------------
1-4..........................  01.............  October 2, 2000.
5-24.........................  00.............  March 20, 2000.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of the documents identified in Table 5 of 
this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

                                Table 5.--New Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
         EMBRAER Service Bulletin              Revision/change level                       Date
----------------------------------------------------------------------------------------------------------------
145-27-0054..............................  Change 03...................  March 30, 2000.
145-27-0054..............................  Change 04...................  February 14, 2005.
145-27-0061..............................  Original....................  October 19, 1999.
145-27-0061..............................  Change 01...................  October 29, 1999.
145-27-0061..............................  Change 02...................  September 12, 2000.
145-27-0061..............................  Change 03...................  March 14, 2001.
145-27-0061..............................  Revision 04.................  August 11, 2004.
145-27-0062..............................  Change 02...................  September 12, 2000.
145-27-0062..............................  Revision 03.................  December 11, 2002.
145-27-0062..............................  Revision 04.................  March 8, 2004.
145-27-0063..............................  Original....................  March 30, 2000.
145-27-0063..............................  Change 01...................  October 2, 2000.
145-27-0063..............................  Change 02...................  March 22, 2002.
145-27-0063..............................  Change 03...................  May 27, 2004.
145-27-0063..............................  Revision 04.................  October 13, 2004.
145-27-0063..............................  Revision 05.................  March 16, 2005.
145-57-0019..............................  Change 01...................  March 30, 2000.
145-57-0019..............................  Change 02...................  May 3, 2001.

[[Page 58493]]

 
145-57-0019..............................  Change 03...................  February 11, 2004.
----------------------------------------------------------------------------------------------------------------

    (2) The Director of the Federal Register approved the 
incorporation by reference of EMBRAER Alert Service Bulletin 145-27-
A054, Change 01, dated February 17, 1999, on March 29, 1999 (64 FR 
13892, March 23, 1999).
    (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 September 15, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 FR Doc. E6-15861 Filed 10-3-06; 8:45 am]
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