[Federal Register Volume 73, Number 178 (Friday, September 12, 2008)]
[Rules and Regulations]
[Pages 52914-52916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19384]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0416; Directorate Identifier 2007-NM-297-AD; 
Amendment 39-15656; AD 2008-17-18]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    It has been found the occurrence of cable guard pins not 
installed in the aileron control system, which may lead to jamming 
of the aileron control cables, reducing the aircraft 
controllability.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective October 17, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 17, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on April 29, 2008 (73 
FR 23132). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found the occurrence of cable guard pins not 
installed in the aileron control system, which may lead to jamming 
of the aileron control cables, reducing the aircraft 
controllability.

The corrective actions include inspecting for possible absence of the 
cable guard pins in the aileron control system inside the wings, and 
installing new ones bearing the same part number. You may obtain 
further information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the single comment received.

Request To Withdraw the NPRM

    EMBRAER requests that the NPRM be withdrawn. The commenter states 
that the missing aileron cable guard was discovered during a normal C-
check and that there is no field report of any event caused by the 
missing pin. EMBRAER

[[Page 52915]]

states that it tested the system on ground under severe conditions and 
it operated normally. The commenter states that it is not clear that 
the lack of guard pins leads directly to the aileron jamming, and if 
the aileron system jammed on one side, then the aircraft can be safely 
operated by disconnecting the aileron system and using the free side; 
if both sides jammed, the aircraft can be controlled using rudder and 
differential thrust. For these reasons, EMBRAER proposes that the NPRM 
be withdrawn.
    We do not agree with the commenter's request to withdraw the NPRM. 
The cable guard is an airworthiness requirement for transport category 
airplanes (reference section 25.689(b) of the Federal Aviation 
Regulations). We have determined that an unsafe condition exists due to 
risk associated with jamming of both ailerons at the same time. We have 
coordinated this action with the Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC), the airworthiness authority for 
Brazil, which issued Brazilian airworthiness directive 2006-07-01, 
effective July 31, 2006, (the ``MCAI'') to address the subject 
condition. The actions in the AD are necessary to address the unsafe 
condition; therefore, we have not changed the final rule in this 
regard.

Change to Format of This Final Rule

    We changed the format of paragraph (f) of this AD and its 
subparagraphs to comply with formatting guidelines from the Office of 
the Federal Register.
    We have also added a reference to EMBRAER Service Bulletin 145LEG-
27-0023, dated January 24, 2006, to paragraph (f) of this AD and 
clarified that all actions required by this AD are to be done in 
accordance with the Accomplishment Instructions of the service 
bulletin.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 13 products of U.S. 
registry. We also estimate that it will take about 2 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Based on these figures, we estimate 
the cost of this AD to the U.S. operators to be $2,080, or $160 per 
product.

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 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 this AD:
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

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 FAA amends Sec.  39.13 by adding the following new AD:

2008-17-18 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15656. Docket No. FAA-2008-0416; Directorate Identifier 
2007-NM-297-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
17, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ airplanes, 
certificated in any category, serial numbers 145363, 145412, 145462, 
145484, 145495, 145505, 145516, 145528, 145540, 145549, 145555, 
145586, 145591, 145625, 145637, 145642, 145644, 145678, 145686, 
145699, 145706, 145711, 145717, 145730, 145770, 145775, 145780, 
145789, 145796, 14500802, and 14500809.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:


[[Page 52916]]


    It has been found the occurrence of cable guard pins not 
installed in the aileron control system, which may lead to jamming 
of the aileron control cables, reducing the aircraft 
controllability.

The corrective actions include inspecting for possible absence of 
the cable guard pins in the aileron control system inside the wings, 
and installing new ones bearing the same part number.

Actions and Compliance

    (f) Unless already done: Within 270 calendar days after the 
effective date of this AD, do a detailed inspection with the aid of 
a borescope for possible absence of the cable guard pins in the 
aileron control system inside the wings, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-27-
0023, dated January 24, 2006.
    (1) If any cable guard pin having part number (P/N) NAS427K8, 
NAS427K28, or NAS427K36 is missing in the internal part of the left 
and right halfwing spar boxes, before further flight, install a new 
one bearing the same part number, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-27-
0023, dated January 24, 2006.
    (2) If any cable guard pin P/N NAS427K26 is missing in the 
aileron control cable pulleys in the internal part of the wing 
leading edge III, before further flight, remove the corresponding 
leading edge and install a new cable guard pin bearing the same part 
number, in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 145LEG-27-0023, dated January 24, 2006.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:


The MCAI includes airplanes in addition to those specified in the 
applicability of this AD. Those airplanes are not included in this 
AD because they are modified by Supplemental Type Certificates 
(STCs) that are not FAA-approved. This AD includes only the U.S. 
certified airplanes identified in the referenced service 
information.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: 
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. 
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.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to ensure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directive 2006-07-01, 
effective July 31, 2006; and EMBRAER Service Bulletin 145LEG-27-
0023, dated January 24, 2006; for related information.

Material Incorporated by Reference

    (i) You must use EMBRAER Service Bulletin 145LEG-27-0023, dated 
January 24, 2006, to do the actions required by this AD, unless the 
AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) 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.
    (3) 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 August 12, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-19384 Filed 9-11-08; 8:45 am]
BILLING CODE 4910-13-P