[Federal Register Volume 72, Number 241 (Monday, December 17, 2007)]
[Proposed Rules]
[Pages 71281-71284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24330]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0338; Directorate Identifier 2007-NM-139-AD]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to all EMBRAER Model EMB-135BJ, -135ER, -
135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes. The existing AD currently requires reviewing the 
airplane maintenance records for recent reports of vibration from the 
tail section or rudder pedals. The existing AD also currently 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 proposed AD 
would require the existing repetitive inspection to be done with new 
service information. This proposed AD also would require replacing the 
locking tab washers on the control rods of the rudder II and installing 
springs on the hinge assemblies of the rudder II, which would terminate 
the repetitive inspection requirements. This proposed AD results from 
reports of rudder vibration due to wear. We are proposing this AD 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: We must receive comments on this proposed AD by January 16, 
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Empresa 
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao 
Jose dos Campos--SP, Brazil.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through

[[Page 71282]]

Friday, except Federal holidays. The AD docket contains this proposed 
AD, the regulatory evaluation, any comments received, and other 
information. The street address for the Docket Office (telephone 800-
647-5527) is in the ADDRESSES section. Comments will be available in 
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-0338; 
Directorate Identifier 2007-NM-139-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On November 2, 2005, we issued AD 2005-25-04, amendment 39-14397 
(70 FR 72902, December 8, 2005), for all EMBRAER Model EMB-135BJ, -
135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes. That AD requires reviewing the airplane 
maintenance records for recent reports of vibration from the tail 
section or rudder pedals. That 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. That AD resulted from reports of 
rudder vibration due to wear. We issued that 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.

Actions Since Existing AD Was Issued

    Since we issued AD 2005-25-04, the Ag[ebreve]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC), which is the airworthiness 
authority for Brazil, issued Brazilian airworthiness directive 2005-09-
02R2, effective May 10, 2007, to include updated procedures for the 
existing repetitive inspections and a terminating action for the 
repetitive inspections.

Relevant Service Information

    EMBRAER has issued Alert Service Bulletin 145LEG-55-A010, Revision 
02, dated May 16, 2006 (for Model EMB-135BJ airplanes); and 145-55-
A036, Revision 03, dated May 16, 2006 (for Model EMB-135ER, -135KE, -
135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes). (AD 2005-25-04 refers to EMBRAER Alert Service Bulletin 
145LEG-55-A010, dated August 26, 2005; and 145-55-A036, Revision 01, 
dated September 5, 2005; as the appropriate sources of service 
information for accomplishing the required repetitive inspections). 
Revision 02 of EMBRAER Alert Service Bulletin 145LEG-55-A010 and 
Revision 03 of EMBRAER Alert Service Bulletin 145-55-A036 were issued 
to include more details for accomplishing the repetitive inspections.
    EMBRAER also has issued Alert Service Bulletin 145LEG-55-0011, 
Revision 01, dated January 23, 2007 (for Model EMB-135BJ airplanes); 
and 145-55-0038, Revision 01, dated January 23, 2007 (for Model EMB-
135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes). The service bulletins describe procedures 
for replacing the locking tab washers on the control rods of the rudder 
II with new improved ones, and installing springs on the hinge 
assemblies of the rudder II. Accomplishment of these actions eliminates 
the need for the repetitive inspections specified in the service 
bulletins described previously.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The ANAC mandated 
the service information and issued Brazilian airworthiness directive 
2005-09-02R2, effective May 10, 2007, to ensure the continued 
airworthiness of these airplanes in Brazil.
    EMBRAER Alert Service Bulletin 145LEG-55-A010, Revision 02, dated 
May 16, 2006, refers to EMBRAER Service Bulletins 145LEG-55-0008, 
Revision 02, dated May 26, 2006; and 145LEG-55-0009, Revision 01, dated 
November 23, 2005; as additional sources of service information for 
installing washers in the rudder II hinge fittings and control rod 
assembly.
    EMBRAER Alert Service Bulletin 145-55-A036, Revision 03, dated May 
16, 2006, refers to EMBRAER Service Bulletins 145-55-0034, Revision 02, 
dated May 25, 2006; and 145-55-0035, Revision 02, dated March 28, 2006; 
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 the Proposed AD

    These airplanes 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 ANAC has kept the FAA informed 
of the situation described above. We have examined the ANAC's findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for airplanes of this type design that are certificated for 
operation in the United States. This proposed AD would supersede AD 
2005-25-04 and would retain the requirements of the existing AD. This 
proposed AD would also require accomplishing the actions specified in 
the service bulletins 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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                                                                                                                                 Number of
                                                                Average labor                                        Cost per      U.S.-
                     Action                        Work hours   rate per hour                 Parts                  airplane    registered   Fleet cost
                                                                                                                                 airplanes
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Records review (required by AD 2005-25-04)......            1             $80  None..............................          $80          463      $37,040

[[Page 71283]]

 
Terminating action (new proposed action)........            5              80  644...............................        1,044          463      483,372
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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 
removing amendment 39-14397 (70 FR 72902, December 8, 2005) and adding 
the following new airworthiness directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2007-0338; Directorate Identifier 2007-NM-139-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by January 
16, 2008.

Affected ADs

    (b) This AD supersedes AD 2005-25-04.

Applicability

    (c) This AD applies to all EMBRAER Model EMB-135BJ, -135ER, -
135KE, -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.

Requirements of AD 2005-25-04

Records Review

    (f) Within 5 days after December 23, 2005 (the effective date of 
AD 2005-25-04): 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 
December 23, 2005.

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); except as provided by paragraph (l) of 
this AD. Do all related investigative/corrective actions before 
further flight by doing all applicable actions specified in the 
service bulletin; except as required by paragraphs (i) and (l) 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 December 23, 2005.

    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 December 23, 2005, 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-

[[Page 71284]]

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 December 23, 2005, 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.

New Requirements of This AD

New Revision to Service Bulletins

    (l) As of the effective date of this AD, use only the 
Accomplishment Instructions of EMBRAER Alert Service Bulletin 
145LEG-55-A010, Revision 02, dated May 16, 2006 (for Model EMB-135BJ 
airplanes); or 145-55-A036, Revision 03, dated May 16, 2006 (for all 
other airplanes); as applicable; to do the actions required by 
paragraphs (g) and (h) of this AD, until the actions required by 
paragraph (m) of this AD are done.

    Note 3: EMBRAER Alert Service Bulletin 145LEG-55-A010, Revision 
02, dated May 16, 2006 (for Model EMB-135BJ airplanes) refers to 
EMBRAER Service Bulletins 145LEG-55-0008, Revision 02, dated May 26, 
2006; and 145LEG-55-0009, Revision 01, dated November 23, 2005; as 
additional sources of service information for installing washers in 
the rudder II hinge fittings and control rod assembly.


    Note 4: EMBRAER Alert Service Bulletin 145-55-A036, Revision 03, 
dated May 16, 2006 (for EMB-135ER, -135KE, -135KL, -135LR, -145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes), refers 
to EMBRAER Service Bulletins 145-55-0034, Revision 02, dated May 25, 
2006; and 145-55-0035, Revision 02, dated March 28, 2006; as 
additional sources of service information for installing washers in 
the rudder II hinge fittings and control rod assembly.

Terminating Action

    (m) Within 5,500 flight hours or 36 months after the effective 
date of this AD, whichever occurs first, replace the locking tab 
washers on the control rods of the rudder II and install springs on 
the hinge assemblies of the rudder II, in accordance with the 
Accomplishment Instructions of EMBRAER Alert Service Bulletin 
145LEG-55-0011, Revision 01, dated January 23, 2007 (for Model EMB-
135BJ airplanes); or 145-55-0038, Revision 01, dated January 23, 
2007 (for all other airplanes); as applicable. Accomplishment of the 
replacement and installation constitutes terminating action for the 
requirements of this AD.

Credit for Prior Accomplishment of Earlier Service Bulletins

    (n) Actions done before the effective date of this AD in 
accordance with the Accomplishment Instructions of EMBRAER Alert 
Service Bulletin 145LEG-55-0011, dated May 12, 2006 (for Model EMB-
135BJ airplanes); or 145-55-0038, dated May 12, 2006 (for all other 
airplanes); as applicable; are acceptable for compliance with the 
requirements of paragraph (m) of this AD.

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) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (3) AMOCs approved previously in accordance with AD 2005-25-04 
are approved as AMOCs for the corresponding provisions of this AD.

Related Information

    (p) Brazilian airworthiness directive 2005-09-02R2, effective 
May 10, 2007, also addresses the subject of this AD.

    Issued in Renton, Washington, on December 10, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-24330 Filed 12-14-07; 8:45 am]
BILLING CODE 4910-13-P