[Federal Register Volume 73, Number 20 (Wednesday, January 30, 2008)]
[Rules and Regulations]
[Pages 5426-5429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1459]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0051; Directorate Identifier 2008-NM-001-AD; 
Amendment 39-15352; AD 2008-03-03]
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 (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain EMBRAER Model EMB-135 airplanes; and Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This AD requires 
inspections to detect discrepancies of the components of the elevator 
control system, repetitive movements of the control column to observe 
the normal response of the elevators, repetitive inspections to detect 
discrepancies of the skin of the elevators, and applicable related 
investigative actions and corrective actions. This AD also provides for 
optional terminating actions for the inspections and measurements. This 
AD results from a report indicating that a Model EMB-145 airplane did 
not rotate in response to the command from the yoke during take-off, 
which resulted in a rejected take-off. We are issuing this AD to detect 
and correct discrepancies of the elevator control system, which could 
result in reduced control of the elevators and consequent reduced 
controllability of the airplane.

DATES: This AD becomes effective February 14, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of February 14, 
2008.
    We must receive comments on this AD by February 29, 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 Friday, except Federal 
holidays. The AD docket contains this 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: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1405; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    On December 13, 2005, we issued AD 2005-26-15, amendment 39-14436 
(70 FR 77303, December 30, 2005). That AD applies to certain EMBRAER 
Model EMB-135 airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes. That AD 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. That 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. That AD resulted from reports that cracks have been found 
in certain components of the elevator control system in the horizontal 
stabilizer area of several airplanes equipped with a mechanical gust 
lock system. These cracks have been attributed to damage from strong 
wind gusts on the ground. The actions specified in that 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.
    Since we issued that AD, we received a report indicating that an 
EMBRAER Model EMB-145 airplane did not rotate in response to the 
command from the yoke as expected during take-off, and the flightcrew 
had to perform a rejected take-off. The elevator control system did not 
respond to elevator inputs from the flightcrew. Investigation revealed 
that both elevator control rods were broken, and skin damage was found 
to the elevator control surface. Preliminary investigation reports 
reveal that the control rods broke under compression load. The reports 
also reveal that strong, windy conditions prevailed before the 
incident. The airplane's mechanical elevator gust lock system had not 
yet been modified into an electromechanical elevator gust lock

[[Page 5427]]

system as required in AD 2005-26-15. Discrepancies of the elevator 
control system, if not corrected, could result in reduced control of 
the elevators and consequent reduced controllability of the airplane.

Relevant Service Information

    EMBRAER has issued Alert Service Bulletin 145-27-A106, Revision 02, 
dated December 28, 2007. The alert service bulletin describes 
procedures for:
     Doing a one-time detailed visual inspection to detect 
discrepancies (i.e., cracks, rupture and/or bends) of the components of 
the elevator control system, doing a one-time movement of the control 
column to observe the normal response of the elevators, doing a one-
time general visual inspection within touching distance to detect 
discrepancies (i.e., overtravel at the hinge area) of the lower skins 
of the elevators, and doing applicable related investigative actions 
(Part I). The related investigative actions include detailed visual and 
general visual inspections and measurements to detect discrepancies of 
components of the elevator control system.
     Repetitively moving the control column to observe the 
normal response of the elevators, repetitively doing the general visual 
inspection from the ground, and doing applicable related investigative 
actions, as described previously (Part II).
     Repetitively moving the control column to observe the 
normal response of the elevators, repetitively doing the general visual 
inspection to detect discrepancies (i.e., overtravel at the hinge 
areas) of the lower and upper skins of the elevators, doing applicable 
related investigative actions described previously, and doing 
applicable detailed visual and general visual inspections and 
measurements to detect discrepancies of components of the elevator 
control system (Part III).
    EMBRAER Alert Service Bulletin 145-27-A106 refers to Task 05-50-26-
200-802-A, ``On-Ground Gale-Force Winds,'' dated March 28, 2006, of 
Chapter 5-50-26 of EMBRAER EMB145 Aircraft Maintenance Manual, as an 
additional source of service information for accomplishing the related 
investigative actions and for accomplishing detailed visual and general 
visual inspections and measurements to detect discrepancies of 
components of the elevator control system.

FAA's Determination and Requirements of This 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.
    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.
    Therefore, we are issuing this AD to detect and correct 
discrepancies of the elevator control system, which could result in 
reduced control of the elevators and consequent reduced controllability 
of the airplane. This AD requires accomplishing the actions specified 
in the EMBRAER alert service bulletin described previously, except as 
discussed under ``Difference Between the AD and the Referenced Service 
Bulletin.'' This AD also requires repair and inspection reports of any 
discrepancy found, and provides for optional terminating actions. The 
required inspection reports will help determine the extent of the 
discrepancies in the affected fleet.
    Paragraph (l) of this AD provides operators with an option to 
modify the elevator mechanical gust locks in accordance with paragraphs 
(c)(1) and (c)(2) of AD 2005-26-15 to end repetitive inspection 
requirements of this AD. We are currently considering superseding AD 
2005-26-15 to reduce the compliance time for that modification and we 
might use the results of the inspection reports in our considerations.

Difference Between the AD and the Referenced Service Bulletin

    The alert service bulletin does not specify instructions on how to 
repair certain conditions. This AD requires repairing those conditions 
using a method approved by the FAA or the Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) (or its delegated agent). In light 
of the type of repair that is required to address the unsafe condition, 
and consistent with existing bilateral airworthiness agreements, we 
have determined that, for this AD, a repair approved by the FAA or the 
ANAC is acceptable for compliance with this AD.
    The Accomplishment Instructions of the alert service bulletin first 
defines the term ``detailed inspection,'' but thereafter inadvertently 
uses the term ``detailed visual inspection.'' This AD refers to all 
such inspections as ``detailed inspection.''
    Paragraph 3.C.(1)(a) of the alert service bulletin specifies that 
the general visual inspection is performed by a checker. This AD 
requires that the inspection be done by certified maintenance 
personnel.

FAA's Justification and Determination of the Effective Date

    We have determined that interim repetitive inspections are 
necessary to ensure long-term continued operational safety, in this 
case, to detect any discrepancy before it represents a hazard to the 
airplane. Because of our requirement to promote safe flight of civil 
aircraft and thus, the critical need to assure the proper functioning 
of the elevator control system and the short compliance time involved 
with this action, this AD must be issued immediately.
    Because an unsafe condition exists that requires the immediate 
adoption of this AD, we find that notice and opportunity for prior 
public comment hereon are impracticable and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2008-0051; Directorate Identifier 2008-NM-001-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this 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 AD.

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,

[[Page 5428]]

Part A, Subpart III, Section 44701, ``General requirements.'' Under 
that section, Congress charges the FAA with promoting safe flight of 
civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2008-03-03 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15352. Docket No. FAA-2008-0051; Directorate Identifier 
2008-NM-001-AD.

Effective Date

    (a) This AD becomes effective February 14, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 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; as identified in EMBRAER Alert Service Bulletin 145-27-
A106, Revision 02, dated December 28, 2007.

Unsafe Condition

    (d) This AD results from a report indicating that an airplane 
did not rotate in response to the command from the yoke during take-
off, which resulted in a rejected takeoff. We are issuing this AD to 
detect and correct discrepancies of the elevator control system, 
which could result in reduced control of the elevators 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 I: One-Time Inspections and Movements

    (f) Within 20 flight hours after the effective date of this AD, 
do a one-time detailed inspection of the components and general 
visual inspection of the lower skin of the elevators, and 
observation of the movement of the elevator control surfaces, by 
accomplishing all the applicable actions specified in Part I of the 
Accomplishment Instructions of the EMBRAER Alert Service Bulletin 
145-27-A106, Revision 02, dated December 28, 2007, unless the 
terminating actions specified in paragraph (l) of this AD have been 
done.
    (1) If no structural damage or abnormal operation is detected, 
regardless of observed wind velocity, no further action is required 
by this paragraph.
    (2) If any structural damage or abnormal operation is detected, 
regardless of observed wind velocity, before further flight, do the 
detailed visual and general visual inspections and measurements 
(related investigative action) by accomplishing all the applicable 
actions specified in Part I of the Accomplishment Instructions of 
the service bulletin.

    Note 1: EMBRAER Alert Service Bulletin 145-27-A106, Revision 02, 
dated December 28, 2007, refers to Task 05-50-26-200-802-A, dated 
March 28, 2006, of Chapter 5-50-26 of EMBRAER EMB 145 Aircraft 
Maintenance Manual, as an additional source of service information 
for accomplishing the corresponding inspections and measurements 
required by paragraphs (f)(2), (h)(2), and (j) of this AD.

    (g) Actions done before the effective date of this AD in 
accordance with the Accomplishment Instructions of EMBRAER Alert 
Service Bulletin 145-27-A106, dated December 23, 2007; or Part I of 
the Accomplishment Instructions of EMBRAER Alert Service Bulletin 
145-27-A106, Revision 01, dated December 27, 2007; are acceptable 
for compliance with the corresponding requirements of paragraphs (f) 
and (f)(2) of this AD only.

Part II: Daily Movements and Inspections

    (h) Prior to first flight of the day after accomplishing all the 
actions required by paragraph (f) of this AD, or within 10 flight 
hours after the effective date of this AD, whichever occurs later, 
do the observation of the movements of the elevator control surfaces 
and general visual inspection from the ground by accomplishing all 
the applicable actions specified in Part II of the Accomplishment 
Instructions of EMBRAER Alert Service Bulletin 145-27-A106, Revision 
02, dated December 28, 2007, except as required by paragraph (i) of 
this AD, until the terminating actions specified in paragraph (l) of 
this AD are done.
    (1) If no structural damage or abnormal operation is detected, 
repeat the movement observations and inspections thereafter prior to 
first flight of each day of operation.
    (2) If any structural damage or abnormal operation is detected, 
before further flight, do the related investigative actions by 
accomplishing all the applicable actions specified in Part II of the 
Accomplishment Instructions of the service bulletin. Repeat the 
movement observations and inspections thereafter prior to first 
flight of each day of operation.
    (i) Where paragraph 3.C.(1)(a) of the Accomplishment 
Instructions of the service bulletin specifies that the general 
visual inspection is performed by a checker, this AD requires that 
the inspection be done by an authorized person identified in section 
43.3 of the Federal Aviation Regulations (14 CFR 43.3).

Part III: Repetitive Inspections and Movements

    (j) At the applicable times specified in Table 1 of this AD, do 
the actions specified in Table 1 of this AD by accomplishing all the 
applicable actions specified in Part III of the Accomplishment 
Instructions of EMBRAER Alert Service Bulletin 145-27-A106, Revision 
02, dated December 28, 2007. Repeat the applicable actions 
thereafter at intervals not to exceed 600 flight hours until the 
terminating actions specified in paragraph (l) of this AD are done; 
except if the gust lock position and wind conditions specified in 
paragraph (j)(2) or (j)(3) of this AD occur within that time, the 
repeat inspection must be done before further flight.

[[Page 5429]]



    Table 1.--Repetitive Inspections, Movements, and Measurements, as
                               Applicable
------------------------------------------------------------------------
For airplanes parked on the ground
       with the gust lock--              Do the following actions--
------------------------------------------------------------------------
(1) Engaged and the airplane is     Within 600 flight hours after
 exposed to winds of less than 50    accomplishing all the actions
 knots.                              required by paragraph (f) of this
                                     AD, do the general visual
                                     inspection of the upper and lower
                                     skins of the elevators, observation
                                     of the movements of the elevator
                                     control surface, and all applicable
                                     related investigative actions. Do
                                     all applicable related
                                     investigative actions before
                                     further flight.
(2) Engaged and the airplane is     Before further flight, do the
 exposed to any winds of 50 knots    general visual inspection of the
 or more.                            upper and lower skins of the
                                     elevators, observation of the
                                     movements of the elevator control
                                     surface, and all applicable related
                                     investigative actions.
(3) Disengaged, regardless of wind  Before further flight, do the
 velocity.                           detailed visual and general visual
                                     inspections and measurements to
                                     detect discrepancies of components
                                     of the elevator control system.
------------------------------------------------------------------------

Corrective Actions

    (k) If any discrepancy is detected during any detailed 
inspection, general visual inspection, or measurement of components 
of the elevator control system, or applicable related investigative 
action required by paragraph (f)(2), (h)(2), or (j) of this AD, 
before further flight, repair it using a method approved by either 
the Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or the Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) (or its delegated agent).

Optional Terminating Action

    (l) Accomplishing the actions required by paragraph (c)(1) or 
(c)(2), as applicable, of AD 2005-26-15, amendment 39-14436, 
terminates the requirements of this AD.

Reporting

    (m) Submit a report of any findings of damage or discrepancy 
found during any inspection required by this AD to the Manager, 
International Branch, ANM-116, FAA, or to EMBRAER Technical Support 
Engineering, fax +55-12-3927-2428; e-mail [email protected]; 
or Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343-
CEP 12.225, Sao Jose dos Campos-SP, Brazil; at the applicable time 
specified in paragraph (m)(1) or (m)(2) of this AD. The report must 
include the inspection results, a description of any discrepancies 
found, the airplane serial number, and the number of landings and 
flight hours on the airplane. Under the provisions of the Paperwork 
Reduction Act (44 U.S.C. 3501, et seq.), the Office of Management 
and Budget (OMB) has approved the information collection 
requirements contained in this AD and has assigned OMB Control 
Number 2120-0056.
    (1) If the inspection was done after the effective date of this 
AD: Submit the report within 10 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 10 days after the effective date of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (n)(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.

Related Information

    (o) None.

Material Incorporated by Reference

    (p) You must use EMBRAER Alert Service Bulletin 145-27-A106, 
Revision 02, dated December 28, 2007, to perform the actions that 
are required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference of this document in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. Contact Empresa Brasileira de Aeronautica S.A. 
(EMBRAER), P.O. Box 343-CEP 12.225, Sao Jose dos Campos-SP, Brazil, 
for a copy of this service information. You may review copies at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 18, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-1459 Filed 1-29-08; 8:45 am]
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