Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes, 72726-72730 [05-23702]

Download as PDF 72726 Proposed Rules Federal Register Vol. 70, No. 234 Wednesday, December 7, 2005 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–23145; Directorate Identifier 2000–NM–215–AD] RIN 2120–AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) 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 all EMBRAER Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. The existing AD currently requires repetitive inspections to detect cracking or failure of the rod ends of the aileron power control actuator (PCA), and corrective actions if necessary. This proposed AD would require the same repetitive inspections of additional parts at new inspection intervals for certain airplanes; provide new corrective actions; and provide an optional terminating action for the proposed requirements. This proposed AD results from the issuance of mandatory continuing airworthiness information by the Brazilian airworthiness authority. We are proposing this AD to detect and correct cracking or breaking of the rod ends and connecting fittings of the aileron PCA, which could result in reduced controllability of the airplane. DATES: We must receive comments on this proposed AD by January 6, 2006. 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 VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to http://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. 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 proposed AD. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 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 in the ADDRESSES section. Include the docket number ‘‘Docket No. FAA–2005–23145; Directorate Identifier 2000–NM–215– 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 http:// 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 that 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 may review the DOT’s complete Privacy Act PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78), or you may visit http:// dms.dot.gov. Examining the Docket You may examine the AD docket on the Internet at http://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 Docket Management System receives them. Discussion On March 16, 1999, we issued AD 99– 05–04, amendment 39–11087 (64 FR 13892, March 23, 1999), for all EMBRAER Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. That AD requires repetitive inspections to detect cracking or failure of the rod ends of the aileron power control actuator (PCA), and corrective actions if necessary. That AD resulted from the issuance of mandatory continuing airworthiness information by the Brazilian civil aviation authority, the Departmento de Aviacao Civil (DAC). We issued that AD to detect and correct cracking or failure of the rod ends of the aileron PCA, which could result in reduced controllability of the airplane. Actions Since Existing AD Was Issued Since we issued AD 99–05–04, the DAC notified us that it has received additional reports of broken rod ends of the aileron PCA, involving part numbers (P/N) on which AD 99–05–04 did not apply. The rod ends were broken either at the aileron or at the wing side of the PCA. More recently, there have been reports of cracking in the aileron PCA fittings at the wing side. Failure/ breaking of the aileron PCA rod ends or connecting fittings, if not corrected, could result in reduced controllability of the airplane. Relevant Service Information EMBRAER has issued the following service documents: 1. Service Bulletin 145–27–0054, Change 03, dated March 30, 2000; and Service Bulletin 145–27–0054, Change E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules 04, dated February 14, 2005. For PCAs having certain P/Ns, these service bulletins describe procedures for repetitive visual inspections for cracking or failure of the aileron PCA rod ends and connecting fittings at the aileron connection points for the wing structure. Among other things, these service bulletins also describe procedures for corrective actions that include replacing PCAs that have cracked or failed rod ends with new PCAs, replacing cracked or failed fittings with new reinforced fittings, and replacing any aileron having any discrepancy found during the described inspections with a new or serviceable aileron. 2. Service Bulletin 145–57–0019, Change 02, dated May 3, 2001; and Service Bulletin 145–57–0019, Change 03, dated February 11, 2004. These service bulletins describe procedures for replacing all PCA connecting fittings with new, redesigned, and reinforced fittings in the half-wings, among other actions. EMBRAER recommends that these service bulletins be done at the same time as the actions in EMBRAER Service Bulletin 145–27–0061 and in EMBRAER Service Bulletin 145–27– 0062 (both described below). 3. Service Bulletin 145–27–0061, Change 02, dated September 12, 2000; Service Bulletin 145–27–0061, Change 03, dated March 14, 2001; and Service Bulletin 145–27–0061, Revision 04, dated August 11, 2004. These service bulletins describe procedures for reinforcing the aileron PCA fittings and reidentifying the aileron. EMBRAER recommends that these service bulletins be done at the same time as the actions in EMBRAER Service Bulletins 145–57– 0019 and 145–27–0062. 4. Service Bulletin 145–27–0062, Revision 03, dated December 11, 2002; and Service Bulletin 145–27–0062, Revision 04, dated March 8, 2004. For PCAs with certain P/Ns, these service bulletins describe procedures for replacing the aileron PCAs with new, improved aileron PCAs, among other actions. EMBRAER recommends that the actions in EMBRAER Service Bulletins 145–57–0019 and 145–27– 0061 be done before the actions in these service bulletins. These service bulletins also specify that operators send the replaced PCAs to the parts manufacturer. 5. Service Bulletin 145–27–0063, dated March 30, 2000; Service Bulletin 145–27–0063, Change 01, dated October 2, 2000; Service Bulletin 145–27–0063, Change 02, dated March 22, 2002; Service Bulletin 145–27–0063, Change 03, dated May 27, 2004; Service Bulletin 145–27–0063, Revision 04, dated October 13, 2004; and Service Bulletin 145–27–0063, Revision 05, dated March 16, 2005. These service bulletins describe procedures for installing an aileron damper and modifying the hydraulic system, among other actions. 6. Subtask 27–12–01–212–002–A00 of the EMBRAER EMB–145 Aircraft Maintenance Manual. This subtask provides procedures for inspecting the aileron PCA rod ends and fitting lugs. The DAC mandated the service information and issued Brazilian airworthiness directive 1999–02–01R6, dated June 21, 2004, to ensure the continued airworthiness of these airplanes in Brazil. 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 99–05–04 and would continue to require repetitive inspections to detect cracking or failure of the rod ends of the aileron PCA, and corrective actions if necessary. This proposed AD would also: 1. Require the same repetitive inspections of additional P/Ns at new inspection intervals for certain airplanes; 2. Provide new corrective actions; 3. Require use of a new revision of the previously required service bulletin; and 4. Provide an optional terminating action for the proposed requirements. The proposed AD would require you to use the service information described previously to perform these actions. Differences Between the Proposed AD and the Brazilian Airworthiness Directive The Brazilian airworthiness directive does not give a compliance time for the initial inspection of the PCA rod ends and fittings. We would require that inspection to be done at the applicable time specified in the following table, ‘‘Compliance Times for Initial Inspection.’’ In developing an appropriate compliance time for this inspection, we considered the manufacturer’s recommendation, the degree of urgency associated with the subject unsafe condition, the average utilization of the affected fleet, and the time necessary to perform the inspection (1 hour). We also considered that the referenced service bulletin (EMBRAER Service Bulletin 145–27– 0054, Change 03, dated March 30, 2000), which contains the procedures for accomplishing the required inspection, has been available to all operators of the subject EMBRAER airplanes since March 2000. (EMBRAER Service Bulletin 145–27–0054, Change 03, was revised on February 14, 2005, to add two airplanes to the effectivity; we understand that the actions specified in the service bulletin have been accomplished on those two airplanes.) In light of all of these factors, we find that the initial inspection must be accomplished at the applicable time specified in the table below, which represents an appropriate interval of time allowable for affected airplanes to continue to operate without compromising safety. TABLE.—COMPLIANCE TIMES FOR INITIAL INSPECTION For airplanes that have PCAs with these part numbers (P/N)— 394900–1003 or 394900–1005 ................................................................ 394900–1007 ............................................................................................ 418800–1001, 418800–1003, 418800–9003, 418800–1005, 418800– 9005, 418800–1007, or 418800–9007; and that have new reinforced PCA fittings installed in accordance with paragraph (k) or (l) of this AD. VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 PO 00000 Frm 00002 Fmt 4702 Do the initial inspection— Within 3 days after the effective date of this AD. Within 14 days after the effective date of this AD. Within 500 flight hours after the effective date of this AD. Sfmt 4702 72727 E:\FR\FM\07DEP1.SGM 07DEP1 72728 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules The Brazilian airworthiness directive also does not give a compliance time for replacing cracked or failed PCA fittings or rod ends. This proposed AD would require replacing any cracked or failed part before further flight. In addition, the Brazilian airworthiness directive does not specify what operators should do when no cracked or failed aileron PCA rod ends or connecting fittings are found. This AD would require the inspection to be repeated at the intervals specified in the following table. TABLE.—REPEAT INSPECTION INTERVALS For airplanes that have PCAs with these part numbers (P/N)— Repeat the inspection— 394900–1003 or 394900–1005 ................................................................ At intervals not to exceed 25 flight hours or 3 days, whichever occurs later. At intervals not to exceed 100 flight hours or 14 days, whichever occurs later. At intervals not to exced 500 flight hours. 394900–1007 ............................................................................................ 418800–1001, 418800–1003, 418800–9003, 418800–1005, 418800– 9005, 418800–1007, or 418800–9007; and that have new reinforced PCA fittings installed in accordance with paragraph (j) or (k) of this AD. These differences have been coordinated with the DAC and they are in agreement. Change to Existing AD This proposed AD would retain certain requirements of AD 99–05–04. Since AD 99–05–04 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 Requirement in AD 99–05–04 Paragraph (a) ............ Paragraph (b) ............ Corresponding requirement in this proposed AD Paragraph (f). Paragraph (g). In addition, all references to a ‘‘detailed visual inspection’’ have been changed to refer to a ‘‘detailed inspection.’’ A definition of detailed inspection is included in Note 1 of the proposed AD. We have also removed the requirement in paragraph (c) of AD 99– 05–04 to send a report of any cracked or failed rod end to the Manager, Atlanta Aircraft Certification Office, FAA. We no longer need this information from operators. Interim Action We consider this proposed AD interim action. If final action is later identified, we may consider further rulemaking then. Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this proposed AD. ESTIMATED COSTS Action Average labor rate per hour Work hours Inspections (required by AD 99–05–04). Inspections (new proposed action for airplanes subject to EMBRAER Service Bulletin 145–27–0054). Replacing the PCA connecting fittings (new proposed action). Fleet cost $65 None .... $65, per inspection cycle ....... 661 $42,965, per inspection cycle. 1 65 None .... $65, per inspection cycle ....... 661 $42,965, per inspection cycle. 24 65 $19,817 $21,377 ................................... 661 $14,130,197. 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 13:00 Dec 06, 2005 Number of U.S.registered airplanes Cost per airplane 1 Authority for This Rulemaking VerDate Aug<31>2005 Parts Jkt 208001 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 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 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 E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed 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, 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 Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 Applicability (c) This AD applies to all EMBRAER Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes, certificated in any category. lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.’’ Unsafe Condition (d) This AD results from the issuance of mandatory continuing airworthiness information by the Brazilian airworthiness authority. We are issuing this AD to detect and correct cracking or breaking of the rod ends and connecting fittings of the aileron power control actuator (PCA), which could result in reduced controllability of the airplane. Corrective Actions 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 Certain Requirements of AD 99–05–04 1. The authority citation for part 39 continues to read as follows: [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by removing amendment 39–11087 (64 FR 13829, March 23, 1999) and adding the following new airworthiness directive (AD): Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA–2005– 23145; Directorate Identifier 2000–NM– 215–AD. Comments Due Date (a) The FAA must receive comments on this AD action by January 6, 2006. Initial and Repetitive Inspections (f) Within 24 hours (1 day) after March 29, 1999 (the effective date of AD 99–05–04), perform a detailed inspection to detect cracking or failure of the rod ends of the PCA at the aileron and wing connection points, in accordance with EMBRAER Alert Service Bulletin 145–27–A054, Change 01, dated February 17, 1999; or EMBRAER Service Bulletin 145–27–0054, Change 03, dated March 30, 2000, or Change 04, dated February 14, 2005. Repeat the inspection in accordance with the service bulletin thereafter at intervals not to exceed 3 days or 25 flight hours, whichever occurs later, until the initial inspection required by paragraph (h) of this AD is done. Note 1: For the purposes of this AD, a detailed inspection is: ‘‘An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good Affected ADs (b) This AD supersedes AD 99–05–04. 72729 (g) If any cracked or failed rod end is detected during any inspection performed in accordance with paragraph (f) of this AD, prior to further flight, replace the aileron PCA with a new part having the same part number, in accordance with EMBRAER Alert Service Bulletin 145–27–A054, Change 01, dated February 17, 1999; or EMBRAER Service Bulletin 145–27–0062, Revision 03, dated December 11, 2002, or Revision 04, dated March 8, 2004. After the effective date of this AD replace the aileron PCA only with a new part that is listed in the ‘‘New P/N’’ column in section 2. ‘‘Material—Cost and Availability’’ of EMBRAER Service Bulletin 145–27–0062, Revision 03, dated December 11, 2002, or Revision 04, dated March 8, 2004. Do the replacement in accordance with the Accomplishment Instructions of the service bulletin. Where the service bulletin says to send parts to the parts manufacturer, that action is not required by this AD. New Requirements of This AD Repetitive Inspections (h) At the applicable ‘‘Initial Inspection’’ compliance time in Table 1 of this AD: Do a general visual inspection to detect cracking or failure of the rod ends and connecting fittings in the left- and right-hand PCAs at the aileron and wing structure connection points, in accordance with Part I of the Accomplishment Instructions of EMBRAER Service Bulletin 145–27–0054, Change 03, dated March 30, 2000, or Change 04, dated February 14, 2005. Repeat the inspection at the applicable ‘‘Repeat’’ interval in Table 1 of this AD. Doing the initial inspection in accordance with paragraph (h) of this AD terminates the repetitive inspections in paragraph (f) of this AD. TABLE 1.—INITIAL AND REPETITIVE INSPECTION INTERVALS For airplanes that have PCAs with part numbers (P/N)— Do the initial inspection— Repeat the inspection— 394900–1003, 394900–1005 ............................................ Within 3 days after the effective date of this AD. Within 14 days after the effective date of this AD. Within 500 flight hours after the effective date of this AD. At intervals not to exceed 25 flight hours or 3 days, whichever occurs later. At intervals not to exceed 100 flight hours or 14 days, whichever occurs later. At intervals not to exceed 500 flight hours. 394900–1007 .................................................................... 418800–1001, 418800–1003, 418800–9003,418800– 1005, 418800–9005, 418800–1007, or 418800–9007; and that have new reinforced PCA fittings installed in accordance with paragraph (k) or (l) of this AD. Note 2: 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 enhance visual access to all exposed surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 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.’’ AD: Repeat the inspection required by paragraph (h) of this AD at the applicable time specified in Table 1 of this AD. No Cracked or Failed PCA Rod Ends or Connecting Fittings (j) If any cracked or failed rod end is found during any inspection required by paragraph (h) of this AD: Before further flight, replace the aileron PCA with a new part as listed in the ‘‘New P/N’’ column in section 2. (i) If no cracked or failed PCA rod end or connecting fitting is found during any inspection required by paragraph (h) of this PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 Corrective Actions for Cracked or Failed Rod Ends E:\FR\FM\07DEP1.SGM 07DEP1 72730 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules ‘‘Material—Cost and Availability’’ of EMBRAER Service Bulletin 145–27–0062, Revision 03, dated December 11, 2002, or Revision 04, dated March 8, 2004. Do the replacement in accordance with the Accomplishment Instructions of the service bulletin. Where the service bulletin specifies to send parts to the parts manufacturer, that action is not required by this AD. Corrective Actions for Cracked or Failed PCA Connecting Fittings (k) If any cracked or failed PCA connecting fitting at the wing or aileron side is found during any inspection required by paragraph (h) of this AD: Before further flight, replace the PCA connecting fitting with a new, reinforced fitting, in accordance with Part I of the Accomplishment Instructions of EMBRAER Service Bulletin 145–57–0019, Change 02, dated May 3, 2001, or Change 03, dated February 11, 2004; and EMBRAER Service Bulletin 145–27–0061, Change 02, dated September 12, 2000, Change 03, dated March 14, 2001, or Revision 04, dated August 11, 2004. PCA Connecting Fitting Replacement (l) For airplanes with aileron PCAs with P/N 394900–1003, 394900–1005, 394900– 1007, 418800–1001, 418800–1003, 418800– 9003, 418800–1005, 418800–9005, 418800– 1007, or 418800–9007: Except as required by paragraph (k) of this AD, at the applicable time in paragraphs (l)(1) and (l)(2) of this AD, replace the aileron PCA connecting fittings with new, reinforced fittings, in accordance with Part I of the Accomplishment Instructions of EMBRAER Service Bulletin 145–57–0019, Change 02, dated May 3, 2001, or Change 03, dated February 11, 2004; and Part I of the Accomplishment Instructions of EMBRAER Service Bulletin 145–27–0061, Change 02, dated September 12, 2000, Change 03, dated March 14, 2001, or Revision 04, dated August 11, 2004. (1) For airplanes with PCAs with P/N 394900–1003, 394900–1005, or 394900– 1007: At the later of the times in paragraphs (l)(1)(i) and (l)(1)(ii) of this AD. (i) Before the airplane accumulates 6,000 total flight hours. (ii) Within 3 days or 25 flight hours after the effective date of this AD, whichever occurs later. (2) For airplanes with PCAs with P/N 418800–1001, 418800–1003, 418800–9003, 418800–1005, 418800–9005, 418800–1007, or 418800–9007: Before the airplane accumulates 6,000 total flight hours, or within 600 flight hours after the effective date of this AD, whichever occurs later. (m) For airplanes with PCAs with P/N 418800–1001, 418800–1003, 418800–9003, 418800–1005, 418800–9005, 418800–1007, or 418800–9007: At the applicable time specified in Table 1 of this AD following the replacement specified in paragraph (l) of this AD, do a general visual inspection of the replaced part using a method approved by either the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or the Departmento de Aviacao Civil (or its delegated agent). Doing the inspections in accordance with EMBRAER EMB–145 Aircraft Maintenance Manual Task 27–12– 01–212–002–A00, ‘‘Inspect (Visual Inspection) Aileron PCA Rod Ends/Fitting Lugs for Integrity and General Condition’’, is one approved method. Thereafter, repeat the inspection at the applicable time specified in Table 1 of this AD. Optional Terminating Action (n) Airplanes that meet all conditions in paragraphs (n)(1), (n)(2), (n)(3), and (n)(4) of this AD are not subject to the requirements of paragraphs (f), (h), (i), (j), (k), (l), and (m) of this AD. (1) The airplane is equipped with new aileron PCAs with P/N 418800–1001, 418800–1003, 418800–9003, 418800–1005, 418800–9005, 418800–1007, or 418800–9007. (2) The airplane is equipped with new, reinforced PCA fittings installed in production or in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 145–57–0019, Change 02, dated May 3, 2001, or Change 03, dated February 11, 2004; and EMBRAER Service Bulletin 145–27–0061, Change 02, dated September 12, 2000, Change 03, dated March 14, 2001, or Revision 04, dated August 11, 2004; as applicable. (3) The airplane is equipped with an aileron damper with P/N 41012130–103 or 41012130–104 that was installed in production or in accordance with the Accomplishment Instructions of any service bulletin listed in Table 2 of this AD. TABLE 2.—AILERON DAMPER INSTALLATION SERVICE BULLETINS EMBRAER service bulletin 145–27–0063 145–27–0063 145–27–0063 145–27–0063 145–27–0063 145–27–0063 ................................................................................................................................... ................................................................................................................................... ................................................................................................................................... ................................................................................................................................... ................................................................................................................................... ................................................................................................................................... (4) The general visual inspections for structural integrity of the aileron PCA and the aileron damper terminals and fittings at the wing and aileron sides at intervals not exceeding 1,000 flight hours, established in the EMBRAER Model EMB–145 Maintenance Review Board document, are implemented. Alternative Methods of Compliance (AMOCs) (o)(1) The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) 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. (3) Alternative methods of compliance approved previously in accordance with AD 99–05–04 are approved as alternative methods of compliance with this AD. VerDate Aug<31>2005 Revision level 13:00 Dec 06, 2005 Jkt 208001 Original ...................... Change 01 ................. Change 02 ................. Change 03 ................. Revision 04 ............... Revision 05 ............... Date March 30, 2000. October 2, 2000. March 22, 2002. May 27, 2004. October 13, 2004. March 16, 2005. Related Information DEPARTMENT OF ENERGY (p) Brazilian airworthiness directive 1999– 02–01R6, dated June 21, 2004, also addresses the subject of this AD. Federal Energy Regulatory Commission Issued in Renton, Washington, on November 1, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–23702 Filed 12–6–05; 8:45 am] 18 CFR Parts 41, 158, 286 and 349 BILLING CODE 4910–13–P November 30, 2005. PO 00000 [Docket No. RM06–2–000] Procedures for Disposition of Contested Audit Matters Federal Energy Regulatory Commission, DOE. ACTION: Notice of proposed rulemaking: Extension of comment period. AGENCY: SUMMARY: On October 20, 2005, the Federal Energy Regulatory Commission issued a Notice of Proposed Rulemaking regarding procedures for the disposition of contested audit matters (70 FR 65866, November 1, 2005). The Commission is Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1

Agencies

[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Proposed Rules]
[Pages 72726-72730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23702]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 70 , No. 234 / Wednesday, December 7, 2005 / 
Proposed Rules

[[Page 72726]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23145; Directorate Identifier 2000-NM-215-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) 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 all EMBRAER Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes. The existing AD 
currently requires repetitive inspections to detect cracking or failure 
of the rod ends of the aileron power control actuator (PCA), and 
corrective actions if necessary. This proposed AD would require the 
same repetitive inspections of additional parts at new inspection 
intervals for certain airplanes; provide new corrective actions; and 
provide an optional terminating action for the proposed requirements. 
This proposed AD results from the issuance of mandatory continuing 
airworthiness information by the Brazilian airworthiness authority. We 
are proposing this AD to detect and correct cracking or breaking of the 
rod ends and connecting fittings of the aileron PCA, which could result 
in reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by January 6, 2006.

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.
     Government-wide rulemaking Web site: Go to http://
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.
    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 proposed AD.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
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 in the ADDRESSES section. Include the docket number ``Docket No. 
FAA-2005-23145; Directorate Identifier 2000-NM-215-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 http://
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 
that 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 may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://
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 Docket Management System 
receives them.

Discussion

    On March 16, 1999, we issued AD 99-05-04, amendment 39-11087 (64 FR 
13892, March 23, 1999), for all EMBRAER Model EMB-145, -145ER, -145MR, 
-145LR, -145XR, -145MP, and -145EP airplanes. That AD requires 
repetitive inspections to detect cracking or failure of the rod ends of 
the aileron power control actuator (PCA), and corrective actions if 
necessary. That AD resulted from the issuance of mandatory continuing 
airworthiness information by the Brazilian civil aviation authority, 
the Departmento de Aviacao Civil (DAC). We issued that AD to detect and 
correct cracking or failure of the rod ends of the aileron PCA, which 
could result in reduced controllability of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 99-05-04, the DAC notified us that it has 
received additional reports of broken rod ends of the aileron PCA, 
involving part numbers (P/N) on which AD 99-05-04 did not apply. The 
rod ends were broken either at the aileron or at the wing side of the 
PCA. More recently, there have been reports of cracking in the aileron 
PCA fittings at the wing side. Failure/breaking of the aileron PCA rod 
ends or connecting fittings, if not corrected, could result in reduced 
controllability of the airplane.

Relevant Service Information

    EMBRAER has issued the following service documents:
    1. Service Bulletin 145-27-0054, Change 03, dated March 30, 2000; 
and Service Bulletin 145-27-0054, Change

[[Page 72727]]

04, dated February 14, 2005. For PCAs having certain P/Ns, these 
service bulletins describe procedures for repetitive visual inspections 
for cracking or failure of the aileron PCA rod ends and connecting 
fittings at the aileron connection points for the wing structure. Among 
other things, these service bulletins also describe procedures for 
corrective actions that include replacing PCAs that have cracked or 
failed rod ends with new PCAs, replacing cracked or failed fittings 
with new reinforced fittings, and replacing any aileron having any 
discrepancy found during the described inspections with a new or 
serviceable aileron.
    2. Service Bulletin 145-57-0019, Change 02, dated May 3, 2001; and 
Service Bulletin 145-57-0019, Change 03, dated February 11, 2004. These 
service bulletins describe procedures for replacing all PCA connecting 
fittings with new, redesigned, and reinforced fittings in the half-
wings, among other actions. EMBRAER recommends that these service 
bulletins be done at the same time as the actions in EMBRAER Service 
Bulletin 145-27-0061 and in EMBRAER Service Bulletin 145-27-0062 (both 
described below).
    3. Service Bulletin 145-27-0061, Change 02, dated September 12, 
2000; Service Bulletin 145-27-0061, Change 03, dated March 14, 2001; 
and Service Bulletin 145-27-0061, Revision 04, dated August 11, 2004. 
These service bulletins describe procedures for reinforcing the aileron 
PCA fittings and reidentifying the aileron. EMBRAER recommends that 
these service bulletins be done at the same time as the actions in 
EMBRAER Service Bulletins 145-57-0019 and 145-27-0062.
    4. Service Bulletin 145-27-0062, Revision 03, dated December 11, 
2002; and Service Bulletin 145-27-0062, Revision 04, dated March 8, 
2004. For PCAs with certain P/Ns, these service bulletins describe 
procedures for replacing the aileron PCAs with new, improved aileron 
PCAs, among other actions. EMBRAER recommends that the actions in 
EMBRAER Service Bulletins 145-57-0019 and 145-27-0061 be done before 
the actions in these service bulletins. These service bulletins also 
specify that operators send the replaced PCAs to the parts 
manufacturer.
    5. Service Bulletin 145-27-0063, dated March 30, 2000; Service 
Bulletin 145-27-0063, Change 01, dated October 2, 2000; Service 
Bulletin 145-27-0063, Change 02, dated March 22, 2002; Service Bulletin 
145-27-0063, Change 03, dated May 27, 2004; Service Bulletin 145-27-
0063, Revision 04, dated October 13, 2004; and Service Bulletin 145-27-
0063, Revision 05, dated March 16, 2005. These service bulletins 
describe procedures for installing an aileron damper and modifying the 
hydraulic system, among other actions.
    6. Subtask 27-12-01-212-002-A00 of the EMBRAER EMB-145 Aircraft 
Maintenance Manual. This subtask provides procedures for inspecting the 
aileron PCA rod ends and fitting lugs.
    The DAC mandated the service information and issued Brazilian 
airworthiness directive 1999-02-01R6, dated June 21, 2004, to ensure 
the continued airworthiness of these airplanes in Brazil.

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 99-05-04 and would continue to 
require repetitive inspections to detect cracking or failure of the rod 
ends of the aileron PCA, and corrective actions if necessary. This 
proposed AD would also:
    1. Require the same repetitive inspections of additional P/Ns at 
new inspection intervals for certain airplanes;
    2. Provide new corrective actions;
    3. Require use of a new revision of the previously required service 
bulletin; and
    4. Provide an optional terminating action for the proposed 
requirements.
    The proposed AD would require you to use the service information 
described previously to perform these actions.

Differences Between the Proposed AD and the Brazilian Airworthiness 
Directive

    The Brazilian airworthiness directive does not give a compliance 
time for the initial inspection of the PCA rod ends and fittings. We 
would require that inspection to be done at the applicable time 
specified in the following table, ``Compliance Times for Initial 
Inspection.'' In developing an appropriate compliance time for this 
inspection, we considered the manufacturer's recommendation, the degree 
of urgency associated with the subject unsafe condition, the average 
utilization of the affected fleet, and the time necessary to perform 
the inspection (1 hour). We also considered that the referenced service 
bulletin (EMBRAER Service Bulletin 145-27-0054, Change 03, dated March 
30, 2000), which contains the procedures for accomplishing the required 
inspection, has been available to all operators of the subject EMBRAER 
airplanes since March 2000. (EMBRAER Service Bulletin 145-27-0054, 
Change 03, was revised on February 14, 2005, to add two airplanes to 
the effectivity; we understand that the actions specified in the 
service bulletin have been accomplished on those two airplanes.) In 
light of all of these factors, we find that the initial inspection must 
be accomplished at the applicable time specified in the table below, 
which represents an appropriate interval of time allowable for affected 
airplanes to continue to operate without compromising safety.

             Table.--Compliance Times for Initial Inspection
------------------------------------------------------------------------
For airplanes that have PCAs with these
          part numbers (P/N)--             Do the initial inspection--
------------------------------------------------------------------------
394900-1003 or 394900-1005.............  Within 3 days after the
                                          effective date of this AD.
394900-1007............................  Within 14 days after the
                                          effective date of this AD.
418800-1001, 418800-1003, 418800-9003,   Within 500 flight hours after
 418800-1005, 418800-9005, 418800-1007,   the effective date of this AD.
 or 418800-9007; and that have new
 reinforced PCA fittings installed in
 accordance with paragraph (k) or (l)
 of this AD.
------------------------------------------------------------------------


[[Page 72728]]

    The Brazilian airworthiness directive also does not give a 
compliance time for replacing cracked or failed PCA fittings or rod 
ends. This proposed AD would require replacing any cracked or failed 
part before further flight.
    In addition, the Brazilian airworthiness directive does not specify 
what operators should do when no cracked or failed aileron PCA rod ends 
or connecting fittings are found. This AD would require the inspection 
to be repeated at the intervals specified in the following table.

                   Table.--Repeat Inspection Intervals
------------------------------------------------------------------------
For airplanes that have PCAs with these
          part numbers (P/N)--               Repeat the inspection--
------------------------------------------------------------------------
394900-1003 or 394900-1005.............  At intervals not to exceed 25
                                          flight hours or 3 days,
                                          whichever occurs later.
394900-1007............................  At intervals not to exceed 100
                                          flight hours or 14 days,
                                          whichever occurs later.
418800-1001, 418800-1003, 418800-9003,   At intervals not to exced 500
 418800-1005, 418800-9005, 418800-1007,   flight hours.
 or 418800-9007; and that have new
 reinforced PCA fittings installed in
 accordance with paragraph (j) or (k)
 of this AD.
------------------------------------------------------------------------

    These differences have been coordinated with the DAC and they are 
in agreement.

Change to Existing AD

    This proposed AD would retain certain requirements of AD 99-05-04. 
Since AD 99-05-04 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 99-05-04                this proposed AD
------------------------------------------------------------------------
Paragraph (a).............................  Paragraph (f).
Paragraph (b).............................  Paragraph (g).
------------------------------------------------------------------------

    In addition, all references to a ``detailed visual inspection'' 
have been changed to refer to a ``detailed inspection.'' A definition 
of detailed inspection is included in Note 1 of the proposed AD.
    We have also removed the requirement in paragraph (c) of AD 99-05-
04 to send a report of any cracked or failed rod end to the Manager, 
Atlanta Aircraft Certification Office, FAA. We no longer need this 
information from operators.

Interim Action

    We consider this proposed AD interim action. If final action is 
later identified, we may consider further rulemaking then.

Costs of Compliance

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                           Average                                   Number of
                                  Work      labor                     Cost per         U.S.-
            Action               hours     rate per     Parts         airplane      registered     Fleet cost
                                             hour                                    airplanes
----------------------------------------------------------------------------------------------------------------
Inspections (required by AD            1        $65  None.......  $65, per                 661  $42,965, per
 99-05-04).                                                        inspection                    inspection
                                                                   cycle.                        cycle.
Inspections (new proposed              1         65  None.......  $65, per                 661  $42,965, per
 action for airplanes subject                                      inspection                    inspection
 to EMBRAER Service Bulletin                                       cycle.                        cycle.
 145-27-0054).
Replacing the PCA connecting          24         65  $19,817....  $21,377.........         661  $14,130,197.
 fittings (new proposed
 action).
----------------------------------------------------------------------------------------------------------------

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

[[Page 72729]]

under the criteria of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-11087 (64 FR 13829, March 23, 1999) and adding 
the following new airworthiness directive (AD):

Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-23145; Directorate Identifier 2000-NM-215-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by January 
6, 2006.

Affected ADs

    (b) This AD supersedes AD 99-05-04.

Applicability

    (c) This AD applies to all EMBRAER Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes, certificated in 
any category.

Unsafe Condition

    (d) This AD results from the issuance of mandatory continuing 
airworthiness information by the Brazilian airworthiness authority. 
We are issuing this AD to detect and correct cracking or breaking of 
the rod ends and connecting fittings of the aileron power control 
actuator (PCA), which could result in 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 Certain Requirements of AD 99-05-04

Initial and Repetitive Inspections

    (f) Within 24 hours (1 day) after March 29, 1999 (the effective 
date of AD 99-05-04), perform a detailed inspection to detect 
cracking or failure of the rod ends of the PCA at the aileron and 
wing connection points, in accordance with EMBRAER Alert Service 
Bulletin 145-27-A054, Change 01, dated February 17, 1999; or EMBRAER 
Service Bulletin 145-27-0054, Change 03, dated March 30, 2000, or 
Change 04, dated February 14, 2005. Repeat the inspection in 
accordance with the service bulletin thereafter at intervals not to 
exceed 3 days or 25 flight hours, whichever occurs later, until the 
initial inspection required by paragraph (h) of this AD is done.


    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Corrective Actions

    (g) If any cracked or failed rod end is detected during any 
inspection performed in accordance with paragraph (f) of this AD, 
prior to further flight, replace the aileron PCA with a new part 
having the same part number, in accordance with EMBRAER Alert 
Service Bulletin 145-27-A054, Change 01, dated February 17, 1999; or 
EMBRAER Service Bulletin 145-27-0062, Revision 03, dated December 
11, 2002, or Revision 04, dated March 8, 2004. After the effective 
date of this AD replace the aileron PCA only with a new part that is 
listed in the ``New P/N'' column in section 2. ``Material--Cost and 
Availability'' of EMBRAER Service Bulletin 145-27-0062, Revision 03, 
dated December 11, 2002, or Revision 04, dated March 8, 2004. Do the 
replacement in accordance with the Accomplishment Instructions of 
the service bulletin. Where the service bulletin says to send parts 
to the parts manufacturer, that action is not required by this AD.

New Requirements of This AD

Repetitive Inspections

    (h) At the applicable ``Initial Inspection'' compliance time in 
Table 1 of this AD: Do a general visual inspection to detect 
cracking or failure of the rod ends and connecting fittings in the 
left- and right-hand PCAs at the aileron and wing structure 
connection points, in accordance with Part I of the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-27-0054, Change 03, 
dated March 30, 2000, or Change 04, dated February 14, 2005. Repeat 
the inspection at the applicable ``Repeat'' interval in Table 1 of 
this AD. Doing the initial inspection in accordance with paragraph 
(h) of this AD terminates the repetitive inspections in paragraph 
(f) of this AD.

                              Table 1.--Initial and Repetitive Inspection Intervals
----------------------------------------------------------------------------------------------------------------
  For airplanes that have PCAs with
         part numbers (P/N)--                  Do the initial inspection--            Repeat the inspection--
----------------------------------------------------------------------------------------------------------------
394900-1003, 394900-1005.............  Within 3 days after the effective date of   At intervals not to exceed 25
                                        this AD.                                    flight hours or 3 days,
                                                                                    whichever occurs later.
394900-1007..........................  Within 14 days after the effective date of  At intervals not to exceed
                                        this AD.                                    100 flight hours or 14 days,
                                                                                    whichever occurs later.
418800-1001, 418800-1003, 418800-      Within 500 flight hours after the           At intervals not to exceed
 9003,418800-1005, 418800-9005,         effective date of this AD.                  500 flight hours.
 418800-1007, or 418800-9007; and
 that have new reinforced PCA
 fittings installed in accordance
 with paragraph (k) or (l) of this AD.
----------------------------------------------------------------------------------------------------------------


    Note 2: 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 
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.''

No Cracked or Failed PCA Rod Ends or Connecting Fittings

    (i) If no cracked or failed PCA rod end or connecting fitting is 
found during any inspection required by paragraph (h) of this AD: 
Repeat the inspection required by paragraph (h) of this AD at the 
applicable time specified in Table 1 of this AD.

Corrective Actions for Cracked or Failed Rod Ends

    (j) If any cracked or failed rod end is found during any 
inspection required by paragraph (h) of this AD: Before further 
flight, replace the aileron PCA with a new part as listed in the 
``New P/N'' column in section 2.

[[Page 72730]]

``Material--Cost and Availability'' of EMBRAER Service Bulletin 145-
27-0062, Revision 03, dated December 11, 2002, or Revision 04, dated 
March 8, 2004. Do the replacement in accordance with the 
Accomplishment Instructions of the service bulletin. Where the 
service bulletin specifies to send parts to the parts manufacturer, 
that action is not required by this AD.

Corrective Actions for Cracked or Failed PCA Connecting Fittings

    (k) If any cracked or failed PCA connecting fitting at the wing 
or aileron side is found during any inspection required by paragraph 
(h) of this AD: Before further flight, replace the PCA connecting 
fitting with a new, reinforced fitting, in accordance with Part I of 
the Accomplishment Instructions of EMBRAER Service Bulletin 145-57-
0019, Change 02, dated May 3, 2001, or Change 03, dated February 11, 
2004; and EMBRAER Service Bulletin 145-27-0061, Change 02, dated 
September 12, 2000, Change 03, dated March 14, 2001, or Revision 04, 
dated August 11, 2004.

PCA Connecting Fitting Replacement

    (l) For airplanes with aileron PCAs with P/N 394900-1003, 
394900-1005, 394900-1007, 418800-1001, 418800-1003, 418800-9003, 
418800-1005, 418800-9005, 418800-1007, or 418800-9007: Except as 
required by paragraph (k) of this AD, at the applicable time in 
paragraphs (l)(1) and (l)(2) of this AD, replace the aileron PCA 
connecting fittings with new, reinforced fittings, in accordance 
with Part I of the Accomplishment Instructions of EMBRAER Service 
Bulletin 145-57-0019, Change 02, dated May 3, 2001, or Change 03, 
dated February 11, 2004; and Part I of the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-27-0061, Change 02, 
dated September 12, 2000, Change 03, dated March 14, 2001, or 
Revision 04, dated August 11, 2004.
    (1) For airplanes with PCAs with P/N 394900-1003, 394900-1005, 
or 394900-1007: At the later of the times in paragraphs (l)(1)(i) 
and (l)(1)(ii) of this AD.
    (i) Before the airplane accumulates 6,000 total flight hours.
    (ii) Within 3 days or 25 flight hours after the effective date 
of this AD, whichever occurs later.
    (2) For airplanes with PCAs with P/N 418800-1001, 418800-1003, 
418800-9003, 418800-1005, 418800-9005, 418800-1007, or 418800-9007: 
Before the airplane accumulates 6,000 total flight hours, or within 
600 flight hours after the effective date of this AD, whichever 
occurs later.
    (m) For airplanes with PCAs with P/N 418800-1001, 418800-1003, 
418800-9003, 418800-1005, 418800-9005, 418800-1007, or 418800-9007: 
At the applicable time specified in Table 1 of this AD following the 
replacement specified in paragraph (l) of this AD, do a general 
visual inspection of the replaced part using a method approved by 
either the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or the Departmento de Aviacao Civil (or 
its delegated agent). Doing the inspections in accordance with 
EMBRAER EMB-145 Aircraft Maintenance Manual Task 27-12-01-212-002-
A00, ``Inspect (Visual Inspection) Aileron PCA Rod Ends/Fitting Lugs 
for Integrity and General Condition'', is one approved method. 
Thereafter, repeat the inspection at the applicable time specified 
in Table 1 of this AD.

Optional Terminating Action

    (n) Airplanes that meet all conditions in paragraphs (n)(1), 
(n)(2), (n)(3), and (n)(4) of this AD are not subject to the 
requirements of paragraphs (f), (h), (i), (j), (k), (l), and (m) of 
this AD.
    (1) The airplane is equipped with new aileron PCAs with P/N 
418800-1001, 418800-1003, 418800-9003, 418800-1005, 418800-9005, 
418800-1007, or 418800-9007.
    (2) The airplane is equipped with new, reinforced PCA fittings 
installed in production or in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-57-0019, Change 02, 
dated May 3, 2001, or Change 03, dated February 11, 2004; and 
EMBRAER Service Bulletin 145-27-0061, Change 02, dated September 12, 
2000, Change 03, dated March 14, 2001, or Revision 04, dated August 
11, 2004; as applicable.
    (3) The airplane is equipped with an aileron damper with P/N 
41012130-103 or 41012130-104 that was installed in production or in 
accordance with the Accomplishment Instructions of any service 
bulletin listed in Table 2 of this AD.

                             Table 2.--Aileron Damper Installation Service Bulletins
----------------------------------------------------------------------------------------------------------------
       EMBRAER service bulletin                    Revision level                            Date
----------------------------------------------------------------------------------------------------------------
145-27-0063...........................  Original...........................  March 30, 2000.
145-27-0063...........................  Change 01..........................  October 2, 2000.
145-27-0063...........................  Change 02..........................  March 22, 2002.
145-27-0063...........................  Change 03..........................  May 27, 2004.
145-27-0063...........................  Revision 04........................  October 13, 2004.
145-27-0063...........................  Revision 05........................  March 16, 2005.
----------------------------------------------------------------------------------------------------------------

    (4) The general visual inspections for structural integrity of 
the aileron PCA and the aileron damper terminals and fittings at the 
wing and aileron sides at intervals not exceeding 1,000 flight 
hours, established in the EMBRAER Model EMB-145 Maintenance Review 
Board document, are implemented.

Alternative Methods of Compliance (AMOCs)

    (o)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
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) Alternative methods of compliance approved previously in 
accordance with AD 99-05-04 are approved as alternative methods of 
compliance with this AD.

Related Information

    (p) Brazilian airworthiness directive 1999-02-01R6, dated June 
21, 2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on November 1, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23702 Filed 12-6-05; 8:45 am]
BILLING CODE 4910-13-P