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, 45590-45592 [05-15592]
Download as PDF
45590
Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
Issued in Renton, Washington, on August
2, 2005.
Kevin Mullin,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–15591 Filed 8–5–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–22033; Directorate
Identifier 2004–NM–218–AD]
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
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to
supersede an existing airworthiness
directive (AD) that applies to certain
EMBRAER Model EMB–135 airplanes
and Model EMB–145, –145ER, –145MR,
–145LR, –145XR, –145MP, and –145EP
airplanes. The existing AD currently
requires repetitive inspections of the
spring cartridges of the elevator gust
lock system to determine if the lock
washer projection correctly fits the slots
in the cartridge flange, and corrective
action if necessary. The existing AD also
provides for interim optional
terminating action for the repetitive
inspections for certain airplanes. This
proposed AD would retain the
requirements of the existing AD, and
provide for final terminating action for
all affected airplanes. This proposed AD
is prompted by reports of an improperly
fitting lock washer causing the clevis of
the spring cartridge in the
electromechanical elevator gust lock
system to become unscrewed. We are
proposing this AD to prevent
unscrewing of the spring cartridge clevis
from jamming the elevator, which could
lead to reduced controllability of the
airplane.
We must receive comments on
this proposed AD by September 7, 2005.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD.
• DOT Docket Web Site: Go to http:/
/dms.dot.gov and follow the instructions
DATES:
VerDate jul<14>2003
20:26 Aug 05, 2005
Jkt 205001
for sending your comments
electronically.
• Government-wide Rulemaking Web
Site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street SW., Nassif Building,
room PL–401, Washington, DC 20590.
• Fax: (202) 493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in
this proposed AD, contact Empresa
Brasileira de Aeronautica S.A.
(EMBRAER), P.O. Box 343—CEP 12.225,
Sao Jose dos Campos—SP, Brazil.
You can examine the contents of this
AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street
SW., room PL–401, on the plaza level of
the Nassif Building, Washington, DC.
This docket number is FAA–2005–
22033; the directorate identifier for this
docket is 2004–NM–218–AD.
FOR FURTHER INFORMATION CONTACT:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–1175;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant
written data, views, or arguments
regarding this proposed AD. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
2005–22033; Directorate Identifier
2004–NM–218–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of the proposed AD. We will
consider all comments received by the
closing date and may amend the
proposed AD in light of those
comments.
We will post all comments we
receive, without change, to https://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact with FAA
personnel concerning this proposed AD.
Using the search function of our docket
Web site, anyone can find and read the
comments in any of our dockets,
including the name of the individual
who sent the comment (or signed the
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
comment on behalf of an association,
business, labor union, etc.). You can
review the DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78), or you can visit https://
dms.dot.gov.
Examining the Docket
You can examine the AD docket on
the Internet at https://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 DOT
street address stated in the ADDRESSES
section. Comments will be available in
the AD docket shortly after the DMS
receives them.
Discussion
On April 21, 2003, we issued AD
2003–09–03, amendment 39–13132 (68
FR 22585, dated April 29, 2003), for
certain EMBRAER Model EMB–135
airplanes and Model EMB–145, –145ER,
–145MR, –145LR, –145XR, –145MP, and
–145EP airplanes. That AD requires
repetitive inspections of the spring
cartridges of the elevator gust lock
system to determine if the lock washer
projection correctly fits the slots in the
cartridge flange, and corrective action if
necessary. That AD also provides for
interim optional terminating action for
the repetitive inspections for certain
airplanes. That AD was prompted by
reports of spring cartridges unscrewing
in the electromechanical gust lock
system. We issued that AD to prevent
the elevator from jamming due to the
spring cartridges unscrewing in the gust
lock system, which could result in
reduced controllability of the airplane.
Action Since Existing AD Was Issued
Since we issued AD 2003–09–03, the
Departmento de Aviacao Civil (DAC),
which is the airworthiness authority for
Brazil, issued Brazilian airworthiness
directive 2003–01–03R1, dated July 26,
2004, to mandate replacing the existing
spring cartridges with improved spring
cartridges having a new part number.
Relevant Service Information
EMBRAER has issued Service Bulletin
145LEG–27–0012, Revision 01, dated
April 12, 2004 (for Model EMB–135BJ
airplanes); and Service Bulletin 145–27–
0102, Revision 02, dated January 20,
2005 (for Model EMB–135ER, –135KE,
–135KL, –135LR, –145, –145ER,
–145MR, –145LR, –145XR, –145MP, and
–145EP airplanes). The service bulletins
describe procedures for replacing the
E:\FR\FM\08AUP1.SGM
08AUP1
Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
existing spring cartridges of the
electromechanical elevator gust lock
system with improved spring cartridges
having a new part number, which
would end the repetitive inspections of
the spring cartridges. Accomplishing the
actions specified in the service
information is intended to adequately
address the unsafe condition. The DAC
mandated the service information and
issued Brazilian airworthiness directive
2003–01–03R1, dated July 26, 2004, to
ensure the continued airworthiness of
these airplanes in Brazil.
Other Relevant Rulemaking
Accomplishing EMBRAER Service
Bulletin 145–27–0102 eliminates the
need to accomplish certain actions
specified in EMBRAER Service
Bulletins 145–27–0086, Revision 04,
dated March 21, 2005; and 145–27–
0075, Revision 08, dated March 3, 2005.
Those service bulletins are specified in
notice of proposed rulemaking 2002–
NM–89–AD (69 FR 56735; September
22, 2004) as applicable to certain
airplanes.
FAA’s Determination and Requirements
of the Proposed AD
These airplane models 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 DAC has
kept the FAA informed of the situation
described above. We have examined the
DAC’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 2003–09–03. This proposed AD
would retain certain requirements of the
existing AD and would also add a
procedure for replacing the existing
spring cartridges with improved spring
cartridges having a new part number,
which would provide for final
terminating action for the repetitive
inspections.
Therefore, we are proposing this AD,
which would require accomplishing the
actions specified in the service
information described previously.
Change to Existing AD
This proposed AD would retain
certain requirements of AD 2003–09–03.
Since AD 2003–09–03 was issued, the
AD format has been revised, and certain
paragraphs have been rearranged. As a
result, the corresponding paragraph
VerDate jul<14>2003
20:26 Aug 05, 2005
Jkt 205001
identifiers have changed in this
proposed AD, as listed in the following
table:
REVISED PARAGRAPH IDENTIFIERS
Corresponding requirement in this proposed AD
Requirement in AD
2003–09–03
Paragraph (a) ............
Paragraph (b) ............
paragraph (f).
paragraph (g).
Costs of Compliance
This proposed AD would affect about
380 airplanes of U.S. registry. The
average labor rate is estimated to be $65
per work hour.
The inspections required by AD
2003–09–03 that are retained in this
proposed AD take about 1 work hour
per airplane. Based on these figures, the
estimated cost of the required
inspections is $24,700, or $65 per
airplane, per inspection cycle.
The new proposed actions would take
about 3 work hours per airplane.
Required parts would cost about $79 per
cartridge (2 per airplane). Based on
these figures, the estimated cost of the
new actions specified in this proposed
AD for U.S. operators is $134,140, or
$353 per airplane.
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
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Frm 00021
Fmt 4702
Sfmt 4702
45591
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. 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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing amendment 39–13132 (68 FR
22585, April 29, 2003), and adding the
following new airworthiness directive
(AD):
Empresa Brasileira de Aeronautica S.A.
(EMBRAER): Docket No. FAA–2005–
22033; Directorate Identifier 2004–NM–
218–AD.
Comments Due Date
(a) The Federal Aviation Administration
must receive comments on this AD action by
September 7, 2005.
Affected ADs
(b)(1) This AD supersedes AD 2003–09–03,
amendment 39–13132.
(2) Certain actions required by this AD are
affected by FAA rulemaking docket number
2002–NM–89–AD (69 FR 56735, September
22, 2004).
Applicability: (c) This AD applies to
EMBRAER Model EMB–135BJ, –135ER,
–135KE, –135KL, –135LR, –145, –145ER,
–145MR, and –145LR airplanes; certificated
in any category; having spring cartridges part
number KPD2611 installed in the elevator
gust lock system.
Unsafe Condition
(d) This AD was prompted by reports of an
improperly fitting lock washer causing the
clevis of the spring cartridge in the
E:\FR\FM\08AUP1.SGM
08AUP1
45592
Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
electromechanical gust lock system to
become unscrewed. We are proposing this
AD to prevent unscrewing of the spring
cartridge clevis from jamming the elevator,
which could lead to 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 Requirements of AD 2003–
09–03
Inspection
(f) For Model EMB–135BJ airplanes:
Within 30 days after May 14, 2003 (the
effective date of AD 2003–09–03), perform a
general visual inspection of each spring
cartridge of the elevator gust lock system to
determine if the lock washer projection
correctly fits the slots in the cartridge flange,
in accordance with EMBRAER Service
Bulletin 145LEG–27–0006, dated December
9, 2002. Before further flight, replace any
discrepant spring cartridge with a new part
having the same part number, in accordance
with the service bulletin; or replace the
spring cartridge, part number (P/N) KDP2611,
with a new, improved spring cartridge, P/N
KDP4235, as specified in paragraph (h) of
this AD. After the effective date of this AD,
only the replacement specified in paragraph
(h) may be accomplished. Repeat the
inspection at intervals not to exceed 800
flight hours until the replacement of the
spring cartridge is accomplished as required
by paragraph (h). Although the service
bulletin recommends that operators report
inspection results to EMBRAER, this AD does
not require such a report.
Note 1: 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.’’
(g) For airplanes not identified in
paragraph (f) of this AD: At the applicable
time specified in paragraph (g)(1) or (g)(2) of
this AD, perform a general visual inspection
of each spring cartridge of the elevator gust
lock system to determine if the lock washer
projection correctly fits the slots in the
cartridge flange, in accordance with
EMBRAER Service Bulletin 145–27–0098,
dated December 9, 2002. Repeat the
inspection at intervals not to exceed 800
flight hours after the initial inspection until
the replacement of the spring cartridge, P/N
KDP2611, with a new, improved spring
cartridge, P/N KDP4235, is done as specified
in paragraph (h) of this AD. Although the
service bulletin recommends that operators
report inspection results to EMBRAER, this
AD does not require such a report.
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20:26 Aug 05, 2005
Jkt 205001
(1) For airplanes equipped with an
operational electromechanical gust lock
system on the elevator: Inspect within 30
days after May 14, 2003, in accordance with
PART I of the service bulletin. Before further
flight, replace any discrepant spring cartridge
with a new part having the same part
number, in accordance with PART I of the
service bulletin; or do the replacement
specified in paragraph (h) of this AD. After
the effective date of this AD, only the
replacement specified in paragraph (h) may
be accomplished.
(2) For airplanes that are not equipped
with an operational electromechanical gust
lock system on the elevator, but that are
equipped with provisions for the system:
Inspect within 60 days after May 14, 2003,
in accordance with PART II of the service
bulletin. Before further flight, replace any
discrepant spring cartridge with a new part
having the same part number, in accordance
with PART II of the service bulletin; or do
the replacement specified in paragraph (h) of
this AD. After the effective date of this AD,
only the replacement specified in paragraph
(h) may be accomplished. Alternatively,
removal of the spring cartridges terminates
the repetitive inspection requirement of this
AD during the time the cartridges are
removed.
New Requirements of This AD
Replacement of Spring Cartridge
(h) Within 5,500 flight hours or 36 months
after the effective date of this AD, whichever
comes first, replace the spring cartridge, P/N
KPD2611, with a new, improved spring
cartridge, P/N KDP4235, in accordance with
the Accomplishment Instructions of
EMBRAER Service Bulletin 145LEG–27–
0012, Revision 01, dated April 12, 2004 (for
Model EMB–135BJ airplanes); or Service
Bulletin 145–27–0102, Revision 02, dated
January 20, 2005 (for Model EMB–135ER,
–135KE, –135KL, –135LR, –145, –145ER,
–145MR, –145LR, –145XR, –145MP, and
–145EP airplanes); as applicable.
Accomplishing this replacement terminates
the repetitive inspections required by
paragraphs (f) and (g) of this AD.
Parts Installation
(i) As of the effective date of this AD, no
person may install a spring cartridge, P/N
KPD2611, on any airplane.
Cartridge Replacement According to
Previous Issue of Service Bulletin
(j) Spring cartridge replacements
accomplished before the effective date of this
AD in accordance with EMBRAER Service
Bulletin 145LEG–27–0012, dated March 2,
2004; or Service Bulletin 145–27–0102, dated
December 23, 2003, or Revision 01, dated
April 12, 2004; are considered acceptable for
compliance with the corresponding action
required by this AD.
Alternative Methods of Compliance
(AMOCs)
(k)(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.
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Frm 00022
Fmt 4702
Sfmt 4702
(2) AMOCs approved previously according
to AD 2003–09–03, amendment 39–13132,
are approved as AMOCs for the
corresponding provisions of this AD.
Related Information
(l) Brazilian airworthiness directive 2003–
01–03R1, dated July 26, 2004, also addresses
the subject of this AD.
Issued in Renton, Washington, on August
2, 2005.
Kevin Mullin,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–15592 Filed 8–5–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–22035; Directorate
Identifier 2005–NM–016–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A300 B2 and B4 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus Model A300 B2 and B4 series
airplanes. This proposed AD would
require an inspection to determine the
part number of all angle of attack (AOA)
sensors, and repetitive replacement of
the AOA sensors with new or
overhauled AOA sensors if necessary.
This proposed AD would also provide
an optional terminating action for the
repetitive replacements. This proposed
AD is prompted by reports of several
false stall warnings associated with
stick-shaker activation, occurring during
take-off. We are proposing this AD to
prevent false stall warnings associated
with stick-shaker activation, which
could result in increased pilot workload
as the pilot tries to determine the cause
of the stall warning and possible
reduction in the pilot’s ability to control
the airplane.
DATES: We must receive comments on
this proposed AD by September 7, 2005.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD.
• DOT Docket Web site: Go to http:/
/dms.dot.gov and follow the instructions
for sending your comments
electronically.
E:\FR\FM\08AUP1.SGM
08AUP1
Agencies
[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Proposed Rules]
[Pages 45590-45592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15592]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22033; Directorate Identifier 2004-NM-218-AD]
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: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain EMBRAER Model EMB-135 airplanes
and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP
airplanes. The existing AD currently requires repetitive inspections of
the spring cartridges of the elevator gust lock system to determine if
the lock washer projection correctly fits the slots in the cartridge
flange, and corrective action if necessary. The existing AD also
provides for interim optional terminating action for the repetitive
inspections for certain airplanes. This proposed AD would retain the
requirements of the existing AD, and provide for final terminating
action for all affected airplanes. This proposed AD is prompted by
reports of an improperly fitting lock washer causing the clevis of the
spring cartridge in the electromechanical elevator gust lock system to
become unscrewed. We are proposing this AD to prevent unscrewing of the
spring cartridge clevis from jamming the elevator, which could lead to
reduced controllability of the airplane.
DATES: We must receive comments on this proposed AD by September 7,
2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web Site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide Rulemaking Web Site: Go to https://
www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP
12.225, Sao Jose dos Campos--SP, Brazil.
You can examine the contents of this AD docket on the Internet at
https://dms.dot.gov, or in person at the Docket Management Facility,
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401,
on the plaza level of the Nassif Building, Washington, DC. This docket
number is FAA-2005-22033; the directorate identifier for this docket is
2004-NM-218-AD.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-22033;
Directorate Identifier 2004-NM-218-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to https://
dms.dot.gov, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of our
docket Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You can review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit https://dms.dot.gov.
Examining the Docket
You can examine the AD docket on the Internet at https://
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 DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the DMS receives them.
Discussion
On April 21, 2003, we issued AD 2003-09-03, amendment 39-13132 (68
FR 22585, dated April 29, 2003), for certain EMBRAER Model EMB-135
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes. That AD requires repetitive inspections of the
spring cartridges of the elevator gust lock system to determine if the
lock washer projection correctly fits the slots in the cartridge
flange, and corrective action if necessary. That AD also provides for
interim optional terminating action for the repetitive inspections for
certain airplanes. That AD was prompted by reports of spring cartridges
unscrewing in the electromechanical gust lock system. We issued that AD
to prevent the elevator from jamming due to the spring cartridges
unscrewing in the gust lock system, which could result in reduced
controllability of the airplane.
Action Since Existing AD Was Issued
Since we issued AD 2003-09-03, the Departmento de Aviacao Civil
(DAC), which is the airworthiness authority for Brazil, issued
Brazilian airworthiness directive 2003-01-03R1, dated July 26, 2004, to
mandate replacing the existing spring cartridges with improved spring
cartridges having a new part number.
Relevant Service Information
EMBRAER has issued Service Bulletin 145LEG-27-0012, Revision 01,
dated April 12, 2004 (for Model EMB-135BJ airplanes); and Service
Bulletin 145-27-0102, Revision 02, dated January 20, 2005 (for Model
EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes). The service bulletins describe
procedures for replacing the
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existing spring cartridges of the electromechanical elevator gust lock
system with improved spring cartridges having a new part number, which
would end the repetitive inspections of the spring cartridges.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The DAC mandated
the service information and issued Brazilian airworthiness directive
2003-01-03R1, dated July 26, 2004, to ensure the continued
airworthiness of these airplanes in Brazil.
Other Relevant Rulemaking
Accomplishing EMBRAER Service Bulletin 145-27-0102 eliminates the
need to accomplish certain actions specified in EMBRAER Service
Bulletins 145-27-0086, Revision 04, dated March 21, 2005; and 145-27-
0075, Revision 08, dated March 3, 2005. Those service bulletins are
specified in notice of proposed rulemaking 2002-NM-89-AD (69 FR 56735;
September 22, 2004) as applicable to certain airplanes.
FAA's Determination and Requirements of the Proposed AD
These airplane models 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 DAC has kept the FAA informed of
the situation described above. We have examined the DAC'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 2003-09-03. This proposed AD
would retain certain requirements of the existing AD and would also add
a procedure for replacing the existing spring cartridges with improved
spring cartridges having a new part number, which would provide for
final terminating action for the repetitive inspections.
Therefore, we are proposing this AD, which would require
accomplishing the actions specified in the service information
described previously.
Change to Existing AD
This proposed AD would retain certain requirements of AD 2003-09-
03. Since AD 2003-09-03 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:
Revised Paragraph Identifiers
------------------------------------------------------------------------
Corresponding requirement in
Requirement in AD 2003-09-03 this proposed AD
------------------------------------------------------------------------
Paragraph (a)............................. paragraph (f).
Paragraph (b)............................. paragraph (g).
------------------------------------------------------------------------
Costs of Compliance
This proposed AD would affect about 380 airplanes of U.S. registry.
The average labor rate is estimated to be $65 per work hour.
The inspections required by AD 2003-09-03 that are retained in this
proposed AD take about 1 work hour per airplane. Based on these
figures, the estimated cost of the required inspections is $24,700, or
$65 per airplane, per inspection cycle.
The new proposed actions would take about 3 work hours per
airplane. Required parts would cost about $79 per cartridge (2 per
airplane). Based on these figures, the estimated cost of the new
actions specified in this proposed AD for U.S. operators is $134,140,
or $353 per airplane.
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. 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 FAA amends Sec. 39.13 by removing amendment 39-13132 (68 FR
22585, April 29, 2003), and adding the following new airworthiness
directive (AD):
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-22033; Directorate Identifier 2004-NM-218-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by September 7, 2005.
Affected ADs
(b)(1) This AD supersedes AD 2003-09-03, amendment 39-13132.
(2) Certain actions required by this AD are affected by FAA
rulemaking docket number 2002-NM-89-AD (69 FR 56735, September 22,
2004).
Applicability: (c) This AD applies to EMBRAER Model EMB-135BJ, -
135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, and -145LR
airplanes; certificated in any category; having spring cartridges
part number KPD2611 installed in the elevator gust lock system.
Unsafe Condition
(d) This AD was prompted by reports of an improperly fitting
lock washer causing the clevis of the spring cartridge in the
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electromechanical gust lock system to become unscrewed. We are
proposing this AD to prevent unscrewing of the spring cartridge
clevis from jamming the elevator, which could lead to 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 Requirements of AD 2003-09-03
Inspection
(f) For Model EMB-135BJ airplanes: Within 30 days after May 14,
2003 (the effective date of AD 2003-09-03), perform a general visual
inspection of each spring cartridge of the elevator gust lock system
to determine if the lock washer projection correctly fits the slots
in the cartridge flange, in accordance with EMBRAER Service Bulletin
145LEG-27-0006, dated December 9, 2002. Before further flight,
replace any discrepant spring cartridge with a new part having the
same part number, in accordance with the service bulletin; or
replace the spring cartridge, part number (P/N) KDP2611, with a new,
improved spring cartridge, P/N KDP4235, as specified in paragraph
(h) of this AD. After the effective date of this AD, only the
replacement specified in paragraph (h) may be accomplished. Repeat
the inspection at intervals not to exceed 800 flight hours until the
replacement of the spring cartridge is accomplished as required by
paragraph (h). Although the service bulletin recommends that
operators report inspection results to EMBRAER, this AD does not
require such a report.
Note 1: 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.''
(g) For airplanes not identified in paragraph (f) of this AD: At
the applicable time specified in paragraph (g)(1) or (g)(2) of this
AD, perform a general visual inspection of each spring cartridge of
the elevator gust lock system to determine if the lock washer
projection correctly fits the slots in the cartridge flange, in
accordance with EMBRAER Service Bulletin 145-27-0098, dated December
9, 2002. Repeat the inspection at intervals not to exceed 800 flight
hours after the initial inspection until the replacement of the
spring cartridge, P/N KDP2611, with a new, improved spring
cartridge, P/N KDP4235, is done as specified in paragraph (h) of
this AD. Although the service bulletin recommends that operators
report inspection results to EMBRAER, this AD does not require such
a report.
(1) For airplanes equipped with an operational electromechanical
gust lock system on the elevator: Inspect within 30 days after May
14, 2003, in accordance with PART I of the service bulletin. Before
further flight, replace any discrepant spring cartridge with a new
part having the same part number, in accordance with PART I of the
service bulletin; or do the replacement specified in paragraph (h)
of this AD. After the effective date of this AD, only the
replacement specified in paragraph (h) may be accomplished.
(2) For airplanes that are not equipped with an operational
electromechanical gust lock system on the elevator, but that are
equipped with provisions for the system: Inspect within 60 days
after May 14, 2003, in accordance with PART II of the service
bulletin. Before further flight, replace any discrepant spring
cartridge with a new part having the same part number, in accordance
with PART II of the service bulletin; or do the replacement
specified in paragraph (h) of this AD. After the effective date of
this AD, only the replacement specified in paragraph (h) may be
accomplished. Alternatively, removal of the spring cartridges
terminates the repetitive inspection requirement of this AD during
the time the cartridges are removed.
New Requirements of This AD
Replacement of Spring Cartridge
(h) Within 5,500 flight hours or 36 months after the effective
date of this AD, whichever comes first, replace the spring
cartridge, P/N KPD2611, with a new, improved spring cartridge, P/N
KDP4235, in accordance with the Accomplishment Instructions of
EMBRAER Service Bulletin 145LEG-27-0012, Revision 01, dated April
12, 2004 (for Model EMB-135BJ airplanes); or Service Bulletin 145-
27-0102, Revision 02, dated January 20, 2005 (for Model EMB-135ER, -
135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes); as applicable. Accomplishing this replacement
terminates the repetitive inspections required by paragraphs (f) and
(g) of this AD.
Parts Installation
(i) As of the effective date of this AD, no person may install a
spring cartridge, P/N KPD2611, on any airplane.
Cartridge Replacement According to Previous Issue of Service Bulletin
(j) Spring cartridge replacements accomplished before the
effective date of this AD in accordance with EMBRAER Service
Bulletin 145LEG-27-0012, dated March 2, 2004; or Service Bulletin
145-27-0102, dated December 23, 2003, or Revision 01, dated April
12, 2004; are considered acceptable for compliance with the
corresponding action required by this AD.
Alternative Methods of Compliance (AMOCs)
(k)(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) AMOCs approved previously according to AD 2003-09-03,
amendment 39-13132, are approved as AMOCs for the corresponding
provisions of this AD.
Related Information
(l) Brazilian airworthiness directive 2003-01-03R1, dated July
26, 2004, also addresses the subject of this AD.
Issued in Renton, Washington, on August 2, 2005.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-15592 Filed 8-5-05; 8:45 am]
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