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, 72363-72366 [05-23512]
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Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations
2005–24–12 Bombardier, Inc (Formerly
Canadair): Amendment 39–14392.
Docket No. 2003–NM–46–AD.
Applicability: Model CL–600–2C10
(Regional Jet Series 700, 701, & 702)
airplanes, serial numbers 10003 through
10116 inclusive, certificated in any category.
Compliance: Required as indicated, unless
accomplished previously.
To prevent asymmetric reverse thrust and
consequent loss of control of the airplane
during reverse thrust operation, accomplish
the following:
Inspection
(a) For airplanes with serial numbers 10005
through 10040 inclusive: Within 72 flight
hours or 30 days from the effective date of
the AD, whichever occurs first, perform a
general visual inspection of the thrust
reverser cascades for correct installation, per
the Accomplishment Instructions of
Bombardier Alert Service Bulletin A670BA–
78–001, Revision A, dated April 23, 2002.
Note 1: For the purposes of this AD, a
general visual inspection is defined as: ‘‘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 enhance visual
access to all exposed 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.’’
Repetitive Inspections for Certain Airplanes
(b) For airplanes with serial numbers
10003 through 10116 inclusive: Each time
the thrust reverser cascade is removed and
reinstalled, perform the action specified in
paragraph (a) of this AD.
Corrective Action
(c) If any thrust reverser cascade is found
to be incorrectly installed during any
inspection required by paragraph (a) or (b) of
this AD, before further flight, remove and
reinstall the cascade in the correct location,
per the Accomplishment Instructions of
Bombardier Alert Service Bulletin A670BA–
78–001, Revision A, dated April 23, 2002.
Terminating Action
(d) Within 6,000 flight hours from the
effective date of the AD, rework the thrust
reverser cascades by accomplishing all the
actions in the Accomplishment Instructions
of Bombardier Service Bulletin 670BA–78–
003, dated January 22, 2004.
Accomplishment of the rework terminates
the requirements of paragraphs (a) and (b) of
this AD.
Note 2: Bombardier Service Bulletin
670BA–78–003, references GE Aircraft
Engines Service Bulletin 670GE–78–008,
dated December 17, 2003, as an additional
source of service information for the
accomplishment of the rework.
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Parts Installation
DEPARTMENT OF TRANSPORTATION
(e) Except as provided by paragraphs (b)
and (c) of this AD, within 90 days after the
effective date of this AD, no person may
install on any airplane a thrust reverser
cascade with powerplant system, serial
numbers PS0003 through PS0116 inclusive,
left- and right-hand, unless it has been
reworked per Bombardier Service Bulletin
670BA–78–003, dated January 22, 2004.
Previous Actions
(f) Inspections accomplished before the
effective date of this AD per Bombardier
Alert Service Bulletin A670BA–78–001,
dated April 19, 2002, are considered
acceptable for compliance with paragraphs
(a) and (b) of this AD.
Alternative Methods of Compliance
(AMOCs)
(g)(1) In accordance with 14 CFR 39.19, the
Manager, New York Aircraft Certification
Office, FAA, is authorized to approve
AMOCs for this AD.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Incorporation by Reference
(h) Unless otherwise specified in this AD,
the actions must be done in accordance with
Bombardier Alert Service Bulletin A670BA–
78–001, Revision A, dated April 23, 2002;
and Bombardier Service Bulletin 670BA–78–
003, dated January 22, 2004; as applicable.
This incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. To get copies of this
service information, contact Bombardier,
Inc., Canadair, Aerospace Group, P.O. Box
6087, Station Centre-ville, Montreal, Quebec
H3C 3G9, Canada. To inspect copies of this
service information, go to the FAA, Transport
Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington; or to the FAA,
New York Aircraft Certification Office, 1600
Stewart Avenue, suite 410, Westbury, New
York; or to the National Archives and
Records Administration (NARA). For
information on the availability of this
material at the NARA, call (202) 741–6030,
or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Note 3: The subject of this AD is addressed
in Canadian airworthiness directive CF–
2002–30R1, dated June 22, 2004.
Effective Date
(i) This amendment becomes effective on
January 9, 2006.
Issued in Renton, Washington, on
November 18, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–23511 Filed 12–2–05; 8:45 am]
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Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–22033; Directorate
Identifier 2004–NM–218–AD; Amendment
39–14391; AD 2005–24–11]
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: Final rule.
AGENCY:
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD)
that applies to certain EMBRAER Model
EMB–135 and Model EMB–145 series
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 optional terminating action
for the repetitive inspections for certain
airplanes. This AD retains the
requirements of the existing AD and
adds a requirement for final terminating
action for all affected airplanes. This AD
results from 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
issuing this AD to prevent the
unscrewing of the spring cartridge clevis
from jamming the elevator, which could
lead to reduced controllability of the
airplane.
DATES: This AD becomes effective
January 9, 2006.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of January 9, 2006.
On May 14, 2003 (68 FR 22585, April
29, 2003), the Director of the Federal
Register approved the incorporation by
reference of EMBRAER Service Bulletin
145–27–0098, dated December 9, 2002;
and EMBRAER Service Bulletin
145LEG–27–0006, dated December 9,
2002.
ADDRESSES: You may examine the 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
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SW., Nassif Building, room PL–401,
Washington, DC.
Contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box
343—CEP 12.225, Sao Jose dos
Campos—SP, Brazil, for service
information identified in this 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:
Examining the Docket
You may examine the airworthiness
directive (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 street address stated in the
ADDRESSES section.
Discussion
The FAA proposed to amend part 39
of the Federal Aviation Regulations (14
CFR part 39) with an AD to supersede
AD 2003–09–03, amendment 39–13132
(68 FR 22585, dated April 29, 2003).
The existing AD applies to certain
EMBRAER Model EMB–135 and –145
series airplanes. The proposed AD was
published in the Federal Register on
August 8, 2005 (70 FR 45590), to retain
the requirements of AD 2003–09–03 and
provide for final terminating action for
all affected airplanes.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We received no
comments on the NPRM or on the
determination of the cost to the public.
Credit for Using Revised Service
Information
Since the NPRM was published, we
have reviewed later revisions of
EMBRAER Service Bulletins 145–27–
0098 and 145LEG–27–0006, both dated
December 9, 2002, which are referenced
as the appropriate sources of service
information for accomplishing the
repetitive inspections specified in
paragraphs (f) and (g) of the AD. The
later revisions are EMBRAER Service
Bulletin 145–27–0098, Change 01, dated
June 3, 2003, and Revision 02, dated
April 12, 2004; and EMBRAER Service
Bulletin 145LEG–27–0006, Revision 01,
dated June 3, 2003, and Revision 02,
dated April 12, 2004. We have included
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the later revisions of those service
bulletins in paragraphs (f) and (g) of this
AD.
Explanation of Change to Affected ADs
Since the NPRM was published, a
supplemental NPRM was issued for
FAA rulemaking 2002–NM–89–AD.
Therefore, we have revised paragraph
(b)(2) of this AD to update the reference
to FAA rulemaking 2002–NM–89–AD
(70 FR 55310, September 21, 2005).
Explanation of Changes to Applicability
We have revised the applicability of
the existing AD to identify model
designations as published in the most
recent type certificate data sheet for the
affected models.
In the NPRM, we inadvertently
excluded Model EMB–145XR, –145MP,
and –145EP airplanes from paragraph
(c), Applicability, of the proposed AD.
However, since those airplanes were
included with all other airplanes listed
in the Preamble, Discussion and
Requirements sections of the proposed
AD, it was clear that we intended to
include those airplanes in the proposed
AD. Therefore, we have revised
paragraph (c) of the AD to include
Model EMB–145XR, –145MP, and
–145EP airplanes.
Clarification of Alternative Method of
Compliance (AMOC) Paragraph
We have revised this action to clarify
the appropriate procedure for notifying
the principal inspector before using any
approved AMOC on any airplane to
which the AMOC applies.
Conclusion
We have carefully reviewed the
available data and determined that air
safety and the public interest require
adopting the AD with the changes
described previously. We have
determined that these changes will
neither increase the economic burden
on any operator nor increase the scope
of the AD.
Costs of Compliance
This AD affects 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 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 required actions take about
3 work hours per airplane. Required
parts cost about $79 per cartridge (2 per
airplane). Based on these figures, the
estimated cost of the new actions
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specified in this 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 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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
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PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
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):
I
2005–24–11 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–14391. Docket No.
FAA–2005–22033; Directorate Identifier
2004–NM–218–AD.
Effective Date
(a) This AD becomes effective January 9,
2006.
Affected ADs
(b)(1) This AD supersedes AD 2003–09–03.
(2) Certain actions required by this AD are
affected by FAA rulemaking 2002–NM–89–
AD.
Applicability
(c) This AD applies to EMBRAER Model
EMB–135BJ, –135ER, –135KE, –135KL,
–135LR, –145, –145ER, –145MR, –145LR,
–145XR, –145MP, and –145EP airplanes;
certificated in any category; having spring
cartridges part number KPD2611 installed in
the elevator gust lock system.
Unsafe Condition
(d) This AD results from reports of an
improperly fitting lock washer causing the
clevis of the spring cartridge in the
electromechanical gust lock system to
become unscrewed. We are issuing this AD
to prevent the 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; Revision 01, dated June 3, 2003; or
Revision 02, dated April 12, 2004. 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
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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; Change 01, dated
June 3, 2003; or Revision 02, dated April 12,
2004. 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
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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 EMBRAER
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 EMBRAER 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) Before using any AMOC approved in
accordance with 14 CFR 39.19 on any
airplane to which the AMOC applies, notify
the appropriate principal inspector in the
FAA Flight Standards Certificate Holding
District Office.
(3) 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.
Material Incorporated by Reference
(m) You must use the service bulletins
specified in Table 1 of this AD to perform the
actions that are required by this AD, unless
the AD specifies otherwise.
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TABLE 1.—ALL MATERIAL INCORPORATED BY REFERENCE
EMBRAER service bulletin
Issue level
145–27–0098 ...........................................................................................
145–27–0098 ...........................................................................................
145–27–0098 ...........................................................................................
145–27–0102 ...........................................................................................
145LEG–27–0006 ...................................................................................
145LEG–27–0006 ...................................................................................
145LEG–27–0006 ...................................................................................
145LEG–27–0012 ...................................................................................
Original ..........................................
Change 01 .....................................
Revision 02 ....................................
Revision 02 ....................................
Original ..........................................
Revision 01 ....................................
Revision 02 ....................................
Revision 01 ....................................
(1) The Director of the Federal Register
approved the incorporation by reference of
the service documents listed in Table 2 of
this AD in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. EMBRAER Service
Bulletin 145LEG–27–0012, Revision 01,
Page No.
01 ......................................................................
Original .............................................................
December 9, 2002.
June 3, 2003.
April 12, 2004.
January 20, 2005.
December 9, 2002.
June 3, 2003.
April 12, 2004.
April 12, 2004.
dated April 12, 2004, contains the following
effective pages:
Revision level shown on page
1, 2 .....................................................................
3–7 .....................................................................
Date
Date shown on page
April 12, 2004.
March 2, 2004.
TABLE 2.—NEW MATERIAL INCORPORATED BY REFERENCE
EMBRAER service bulletin
Issue level
145–27–0098 ...........................................................................................
145–27–0098 ...........................................................................................
145–27–0102 ...........................................................................................
145LEG–27–0006 ...................................................................................
145LEG–27–0006 ...................................................................................
145LEG–27–0012 ...................................................................................
Change 01 .....................................
Revision 02 ....................................
Revision 02 ....................................
Revision 01 ....................................
Revision 02 ....................................
Revision 01 ....................................
(2) On May 14, 2003 (68 FR 22585, April
29, 2003), the Director of the Federal Register
approved the incorporation by reference of
EMBRAER Service Bulletin 145–27–0098,
dated December 9, 2002; and EMBRAER
Service Bulletin 145LEG–27–0006, dated
December 9, 2002.
(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 Docket Management
Facility, U.S. Department of Transportation,
400 Seventh Street SW., room PL–401, Nassif
Building, Washington, DC; on the Internet at
https://dms.dot.gov; or at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at the NARA, call (202) 741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on
November 18, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–23512 Filed 12–2–05; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–22631; Directorate
Identifier 2005–NM–183–AD; Amendment
39–14394; AD 2005–25–01]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–120, –120ER,
–120FC, –120QC, and –120RT
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all
EMBRAER Model EMB–120, –120ER,
–120FC, –120QC, and –120RT airplanes.
This AD requires modifying electrical
harnesses located at the left- and righthand wing roots; and re-routing and
modifying the harness of the right-hand
outboard flap actuator. This AD results
from fuel system reviews conducted by
the manufacturer. We are issuing this
AD to prevent chafed electrical
harnesses, which could result in a
potential source of ignition for fuel
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Date
June 3, 2003.
April 12, 2004.
January 20, 2005.
June 3, 2003.
April 12, 2004.
April 12, 2004.
vapors near a fuel tank and consequent
fire or fuel tank explosion.
DATES: This AD becomes effective
January 9, 2006.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of January 9, 2006.
ADDRESSES: You may examine the 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., Nassif Building, room PL–401,
Washington, DC.
Contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box
343—CEP 12.225, Sao Jose dos
Campos—SP, Brazil, for service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–2474;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness
directive (AD) docket on the Internet at
https://dms.dot.gov or in person at the
Docket Management Facility office
E:\FR\FM\05DER1.SGM
05DER1
]]>Agencies
[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Rules and Regulations]
[Pages 72363-72366]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23512]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22033; Directorate Identifier 2004-NM-218-AD;
Amendment 39-14391; AD 2005-24-11]
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.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) that applies to certain EMBRAER Model EMB-135 and Model EMB-145
series 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 optional terminating action for the repetitive
inspections for certain airplanes. This AD retains the requirements of
the existing AD and adds a requirement for final terminating action for
all affected airplanes. This AD results from 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
issuing this AD to prevent the unscrewing of the spring cartridge
clevis from jamming the elevator, which could lead to reduced
controllability of the airplane.
DATES: This AD becomes effective January 9, 2006.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of January 9,
2006.
On May 14, 2003 (68 FR 22585, April 29, 2003), the Director of the
Federal Register approved the incorporation by reference of EMBRAER
Service Bulletin 145-27-0098, dated December 9, 2002; and EMBRAER
Service Bulletin 145LEG-27-0006, dated December 9, 2002.
ADDRESSES: You may examine the 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
[[Page 72364]]
SW., Nassif Building, room PL-401, Washington, DC.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service
information identified in this 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:
Examining the Docket
You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.
Discussion
The FAA proposed to amend part 39 of the Federal Aviation
Regulations (14 CFR part 39) with an AD to supersede AD 2003-09-03,
amendment 39-13132 (68 FR 22585, dated April 29, 2003). The existing AD
applies to certain EMBRAER Model EMB-135 and -145 series airplanes. The
proposed AD was published in the Federal Register on August 8, 2005 (70
FR 45590), to retain the requirements of AD 2003-09-03 and provide for
final terminating action for all affected airplanes.
Comments
We provided the public the opportunity to participate in the
development of this AD. We received no comments on the NPRM or on the
determination of the cost to the public.
Credit for Using Revised Service Information
Since the NPRM was published, we have reviewed later revisions of
EMBRAER Service Bulletins 145-27-0098 and 145LEG-27-0006, both dated
December 9, 2002, which are referenced as the appropriate sources of
service information for accomplishing the repetitive inspections
specified in paragraphs (f) and (g) of the AD. The later revisions are
EMBRAER Service Bulletin 145-27-0098, Change 01, dated June 3, 2003,
and Revision 02, dated April 12, 2004; and EMBRAER Service Bulletin
145LEG-27-0006, Revision 01, dated June 3, 2003, and Revision 02, dated
April 12, 2004. We have included the later revisions of those service
bulletins in paragraphs (f) and (g) of this AD.
Explanation of Change to Affected ADs
Since the NPRM was published, a supplemental NPRM was issued for
FAA rulemaking 2002-NM-89-AD. Therefore, we have revised paragraph
(b)(2) of this AD to update the reference to FAA rulemaking 2002-NM-89-
AD (70 FR 55310, September 21, 2005).
Explanation of Changes to Applicability
We have revised the applicability of the existing AD to identify
model designations as published in the most recent type certificate
data sheet for the affected models.
In the NPRM, we inadvertently excluded Model EMB-145XR, -145MP, and
-145EP airplanes from paragraph (c), Applicability, of the proposed AD.
However, since those airplanes were included with all other airplanes
listed in the Preamble, Discussion and Requirements sections of the
proposed AD, it was clear that we intended to include those airplanes
in the proposed AD. Therefore, we have revised paragraph (c) of the AD
to include Model EMB-145XR, -145MP, and -145EP airplanes.
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD with the
changes described previously. We have determined that these changes
will neither increase the economic burden on any operator nor increase
the scope of the AD.
Costs of Compliance
This AD affects 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
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 required actions take about 3 work hours per airplane.
Required parts cost about $79 per cartridge (2 per airplane). Based on
these figures, the estimated cost of the new actions specified in this
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 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:
[[Page 72365]]
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 removing amendment 39-13132 (68 FR
22585, April 29, 2003), and adding the following new airworthiness
directive (AD):
2005-24-11 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14391. Docket No. FAA-2005-22033; Directorate
Identifier 2004-NM-218-AD.
Effective Date
(a) This AD becomes effective January 9, 2006.
Affected ADs
(b)(1) This AD supersedes AD 2003-09-03.
(2) Certain actions required by this AD are affected by FAA
rulemaking 2002-NM-89-AD.
Applicability
(c) This AD applies to EMBRAER Model EMB-135BJ, -135ER, -135KE,
-135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes; certificated in any category; having spring
cartridges part number KPD2611 installed in the elevator gust lock
system.
Unsafe Condition
(d) This AD results from reports of an improperly fitting lock
washer causing the clevis of the spring cartridge in the
electromechanical gust lock system to become unscrewed. We are
issuing this AD to prevent the 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; Revision 01, dated June 3,
2003; or Revision 02, dated April 12, 2004. 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; Change 01, dated June 3, 2003; or Revision 02, dated April
12, 2004. 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 EMBRAER 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 EMBRAER 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) Before using any AMOC approved in accordance with 14 CFR
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
(3) 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.
Material Incorporated by Reference
(m) You must use the service bulletins specified in Table 1 of
this AD to perform the actions that are required by this AD, unless
the AD specifies otherwise.
[[Page 72366]]
Table 1.--All Material Incorporated by Reference
------------------------------------------------------------------------
EMBRAER service bulletin Issue level Date
------------------------------------------------------------------------
145-27-0098..................... Original.......... December 9, 2002.
145-27-0098..................... Change 01......... June 3, 2003.
145-27-0098..................... Revision 02....... April 12, 2004.
145-27-0102..................... Revision 02....... January 20, 2005.
145LEG-27-0006.................. Original.......... December 9, 2002.
145LEG-27-0006.................. Revision 01....... June 3, 2003.
145LEG-27-0006.................. Revision 02....... April 12, 2004.
145LEG-27-0012.................. Revision 01....... April 12, 2004.
------------------------------------------------------------------------
(1) The Director of the Federal Register approved the
incorporation by reference of the service documents listed in Table
2 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
EMBRAER Service Bulletin 145LEG-27-0012, Revision 01, dated April
12, 2004, contains the following effective pages:
------------------------------------------------------------------------
Revision level
Page No. shown on page Date shown on page
------------------------------------------------------------------------
1, 2............................ 01................ April 12, 2004.
3-7............................. Original.......... March 2, 2004.
------------------------------------------------------------------------
Table 2.--New Material Incorporated by Reference
------------------------------------------------------------------------
EMBRAER service bulletin Issue level Date
------------------------------------------------------------------------
145-27-0098..................... Change 01......... June 3, 2003.
145-27-0098..................... Revision 02....... April 12, 2004.
145-27-0102..................... Revision 02....... January 20, 2005.
145LEG-27-0006.................. Revision 01....... June 3, 2003.
145LEG-27-0006.................. Revision 02....... April 12, 2004.
145LEG-27-0012.................. Revision 01....... April 12, 2004.
------------------------------------------------------------------------
(2) On May 14, 2003 (68 FR 22585, April 29, 2003), the Director
of the Federal Register approved the incorporation by reference of
EMBRAER Service Bulletin 145-27-0098, dated December 9, 2002; and
EMBRAER Service Bulletin 145LEG-27-0006, dated December 9, 2002.
(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 Docket
Management Facility, U.S. Department of Transportation, 400 Seventh
Street SW., room PL-401, Nassif Building, Washington, DC; on the
Internet at https://dms.dot.gov; or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at the NARA, call (202) 741-6030, or go to https://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on November 18, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-23512 Filed 12-2-05; 8:45 am]
BILLING CODE 4910-13-P
