[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Rules and Regulations]
[Pages 11531-11534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3748]


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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; 
Amendment 39-15396; AD 2008-05-02]
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: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all EMBRAER Model EMB-135BJ, -135ER, -135KE, -
135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes. That 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 new AD 
requires the existing repetitive inspection to be done with new service 
information. This new AD also requires 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 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.

DATES: This AD becomes effective April 8, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of April 8, 2008.
    On December 23, 2005 (70 FR 72902, December 8, 2005), the Director 
of the Federal Register approved the incorporation by reference of 
EMBRAER Alert Service Bulletin 145LEG-55-A010, dated August 26, 2005; 
and EMBRAER Alert Service Bulletin 145-55-A036, Revision 01, dated 
September 5, 2005.

ADDRESSES: 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 address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

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: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2005-25-04, amendment 
39-14397 (70 FR 72902, December 8, 2005). The existing AD applies to 
all EMBRAER Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. That NPRM 
was published in the Federal Register on December 17, 2007 (72 FR 
71281). That NPRM proposed to continue to require reviewing the 
airplane maintenance records for recent reports of vibration from the 
tail section or rudder pedals. The NPRM also proposed to continue to 
require 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. In 
addition to the existing requirements, the NPRM proposed to require 
that the existing repetitive inspection be done with new service 
information. The NPRM also proposed to require replacing the locking 
tab washers on the control rods of the rudder II and installing springs 
on the

[[Page 11532]]

hinge assemblies of the rudder II, which would terminate the repetitive 
inspection requirements.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been received on the NPRM or 
on the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                                                   Average                   Cost per      U.S.-
              Action                 Work hours   labor rate     Parts       airplane    registered   Fleet cost
                                                   per hour                              airplanes
----------------------------------------------------------------------------------------------------------------
Records review (required by AD                1          $80         None          $80          463      $37,040
 2005-25-04)......................
Terminating action (new action)...            5           80         $644        1,044          463      483,372
----------------------------------------------------------------------------------------------------------------

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:

    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 39-14397 (70 FR 72902, December 8, 2005) and by 
adding the following new airworthiness directive (AD):

2008-05-02 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15396. Docket No. FAA-2007-0338; Directorate Identifier 
2007-NM-139-AD.

Effective Date

    (a) This AD becomes effective April 8, 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.


[[Page 11533]]


    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 Bulletins 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-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 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 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.

Material Incorporated by Reference

    (q) You must use the service information identified in Table 1 
of this AD to perform the actions that are required by this AD, 
unless the AD specifies otherwise.

                                Table 1.--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
            EMBRAER Service Bulletin               Revision level                       Date
----------------------------------------------------------------------------------------------------------------
Alert Service Bulletin 145LEG-55-A010..........                \1\  August 26, 2005.
Alert Service Bulletin 145LEG-55-A010..........                 02  May 16, 2006.
Alert Service Bulletin 145-55-A036.............                 01  September 5, 2005.
Alert Service Bulletin 145-55-A036.............                 03  May 16, 2006.
Service Bulletin 145LEG-55-0011................                 01  January 23, 2007.
Service Bulletin 145-55-0038...................                 01  January 23, 2007.
----------------------------------------------------------------------------------------------------------------
\1\ Original.

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information identified in 
Table 2 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51.

                                Table 2.--New Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
            EMBRAER Service Bulletin               Revision level                       Date
----------------------------------------------------------------------------------------------------------------
Alert Service Bulletin 145LEG-55-A010..........                 02  May 16, 2006.

[[Page 11534]]

 
Alert Service Bulletin 145-55-A036.............                 03  May 16, 2006.
Service Bulletin 145LEG-55-0011................                 01  January 23, 2007.
Service Bulletin 145-55-0038...................                 01  January 23, 2007.
----------------------------------------------------------------------------------------------------------------

    (2) On December 23, 2005 (70 FR 72902, December 8, 2005), the 
Director of the Federal Register approved the incorporation by 
reference of EMBRAER Alert Service Bulletin 145LEG-55-A010, dated 
August 26, 2005; and EMBRAER Alert Service Bulletin 145-55-A036, 
Revision 01, dated September 5, 2005.
    (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 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 February 20, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-3748 Filed 3-3-08; 8:45 am]
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