Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes, 26890-26891 [E6-7015]

Download as PDF 26890 Federal Register / Vol. 71, No. 89 / Tuesday, May 9, 2006 / Proposed Rules ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD 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: mstockstill on PROD1PC68 with PROPOSALS Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): Boeing: Docket No. FAA–2006–24695; Directorate Identifier 2006–NM–035–AD. VerDate Aug<31>2005 15:37 May 08, 2006 Jkt 208001 Comments Due Date (a) The FAA must receive comments on this AD action by June 23, 2006. Affected ADs (b) None. Applicability (c) This AD applies to Boeing Model 747– 200B, 747–200C, 747–200F, 747–300, and 747SR series airplanes, certificated in any category; as identified in Boeing Special Attention Service Bulletin 747–54–2223, dated January 26, 2006. using a method approved in accordance with the procedures specified in paragraph (j) of this AD. (i) If any cracking is found during any detailed inspection required by paragraph (g) of this AD, before further flight, repair the cracking using a method approved in accordance with the procedures specified in paragraph (j) of this AD. 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. Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, Seattle Aircraft Certification Office (ACO), 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) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Service Bulletin (f) The term ‘‘service bulletin,’’ as used in this AD, means the Accomplishment Instructions of Boeing Special Attention Service Bulletin 747–54–2223, dated January 26, 2006. Issued in Renton, Washington, on April 28, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6–7016 Filed 5–8–06; 8:45 am] Repetitive Detailed Inspections (g) Within 18 months after the effective date of this AD, do a detailed inspection of engine struts 1 through 4, as applicable, for heat discoloration, cracking, buckling, or wrinkling, in accordance with the service bulletin. Repeat the detailed inspection thereafter at intervals not to exceed 18 months. BILLING CODE 4910–13–P Unsafe Condition (d) This AD results from reports of heat damage and cracking of the skin and internal structure adjacent to and aft of the precooler exhaust vent on several engine struts on inservice airplanes. We are issuing this AD to detect and correct cracking, buckling, wrinkling, or heat damage of the skin and internal structure of the engine struts, which could result in extensive damage to the engine struts and consequent possible separation of an engine from the airplane during flight. Corrective Actions (h) If any heat discoloration, buckling, or wrinkling is found during any detailed inspection required by paragraph (g) of this AD, before further flight, do a conductivity test to detect the extent of the heat damage and a penetrant inspection or high frequency eddy current inspection to detect cracking of the heat-discolored, buckled, or wrinkled area, in accordance with the service bulletin. (1) If the conductivity test results are within the limits specified in the service bulletin and no cracking is detected, before further flight, repair any buckled or wrinkled area using a method approved in accordance with the procedures specified in paragraph (j) of this AD. Heat discoloration does not need to be repaired if the conductivity test results of the heat-discolored area are within the specified limits in the service bulletin. (2) If the conductivity test results are outside the limits specified in the service bulletin or if any cracking is detected, before further flight, repair any cracking, heat discoloration, or buckled or wrinkled area PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2006–23673; Directorate Identifier 2005–NM–233–AD] RIN 2120–AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135 and EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Proposed rule; withdrawal. AGENCY: SUMMARY: The FAA withdraws a notice of proposed rulemaking (NPRM) that proposed a new airworthiness directive (AD) for all EMBRAER Model EMB–135 and EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. The proposed AD would have required inspecting to determine the E:\FR\FM\09MYP1.SGM 09MYP1 Federal Register / Vol. 71, No. 89 / Tuesday, May 9, 2006 / Proposed Rules part number of the ailerons. For airplanes with affected aileron part numbers, the proposed AD would have required reworking the aileron damper fitting, and for certain airplanes, replacing the rod end of the aileron damper assembly with an improved rod end. Since the proposed AD was issued, we have received new data indicating that there is no unsafe condition associated with structural failure of the rod end of the aileron damper. Accordingly, the proposed AD is withdrawn. You may examine the AD docket on the Internet at https:// dms.dot.gov, or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647–5227) is located on the plaza level of the Nassif Building at the U.S. Department of Transportation, 400 Seventh Street, SW., Room PL–401, Washington, DC. This docket number is FAA–2006–23673; the directorate identifier for this docket is 2005–NM– 233–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. ADDRESSES: SUPPLEMENTARY INFORMATION: mstockstill on PROD1PC68 with PROPOSALS Discussion We proposed to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) with a notice of proposed rulemaking (NPRM) for a new AD for all EMBRAER Model EMB–135 and EMB– 145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. That NPRM was published in the Federal Register on January 25, 2006 (71 FR 4067). The NPRM would have required inspecting to determine the part number of the ailerons. For airplanes with affected aileron part numbers, the NPRM would have required reworking the aileron damper fitting. Also, for certain airplanes, the NPRM would have required replacing the rod end of the aileron damper assembly with an improved rod end. The NPRM resulted from reports of structural failure of the rod end of the aileron damper, which was caused by insufficient clearance between the lugs of the aileron damper fitting and the rod end of the aileron damper. The proposed actions were intended to prevent failure of the aileron damper, which could result in failure of the aileron actuator and VerDate Aug<31>2005 15:37 May 08, 2006 Jkt 208001 consequent reduced controllability of the airplane. Comments EMBRAER requests that we withdraw the NPRM. EMBRAER points out that the unsafe condition stated in the NPRM (failure of the aileron damper, which could result in failure of the aileron actuator and consequent reduced controllability of the airplane) is incorrect. While the NPRM was intended to address reports of structural failure of the rod end of the aileron damper, there is no unsafe condition caused by such a failure. The aileron damper was introduced to improve safety by increasing redundancy: the aileron damper prevents vibration of the aileron surface in the event of failure of both rods of the aileron power control actuator (PCA). Failure of the rod end of the aileron damper and subsequent failure of the aileron damper will not cause vibration of the aileron surface. Further, while failure of the rod ends of the aileron PCA could result in reduced controllability of the airplane, this unsafe condition is already addressed by another action. EMBRAER notes that the FAA has previously issued AD 99–05–04 (64 FR 13894, March 23, 1999). That AD requires inspections to detect and correct cracking or failure of the rod ends of the aileron PCA on all EMBRAER Model EMB–145 series airplanes. EMBRAER further states that repetitive inspections of the aileron damper rod ends and fitting lugs for integrity and general condition are specified as a Certification Maintenance Requirement (for Model EMB–135 airplanes) and a System Inspection Requirement (for Model EMB–145 airplanes). The failures of the aileron damper rod ends that prompted the NRPM were discovered during inspections performed under these requirements. We agree with the commenter’s request to withdraw the NPRM. EMBRAER Service Bulletin 145–27– 0108, Revision 01, dated April 28, 2005, which the NPRM references as the appropriate source of service information for the required actions, was issued to correct insufficient clearance between the lugs of the aileron damper fitting and the rod end of the aileron damper. We have coordinated with EMBRAER and have determined that the actions in that service bulletin are not intended to address an unsafe condition. Doing those actions may provide an economic benefit to operators by preventing the need for an expensive repair in the event that damage is detected during PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 26891 routine inspections. Since there is no unsafe condition, the proposed AD is unnecessary. FAA’s Conclusions Upon further consideration, we have determined that there is no unsafe condition associated with structural failure of the rod end of the aileron damper. Accordingly, the NPRM is withdrawn. Withdrawal of the NPRM does not preclude the FAA from issuing another related action or commit the FAA to any course of action in the future. Regulatory Impact Since this action only withdraws an NPRM, it is neither a proposed nor a final rule and therefore is not covered under Executive Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Withdrawal Accordingly, we withdraw the NPRM, Docket No. FAA–2006–23673, Directorate Identifier 2005–NM–233– AD, which was published in the Federal Register on January 25, 2006 (71 FR 4067). Issued in Renton, Washington, on April 28, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6–7015 Filed 5–8–06; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2006–24092; Directorate Identifier 2006–CE–18–AD] RIN 2120–AA64 Airworthiness Directives; Pilatus Aircraft Ltd. Models PC–6, PC–6–H1, PC–6–H2, PC–6/350, PC–6/350–H1, PC– 6/350–H2, PC–6/A, PC–6/A–H1, PC–6/ A–H2, PC–6/B–H2, PC–6/B1–H2, PC–6/ B2–H2, PC–6/B2–H4, PC–6/C–H2, and PC–6/C1–H2 Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: E:\FR\FM\09MYP1.SGM 09MYP1

Agencies

[Federal Register Volume 71, Number 89 (Tuesday, May 9, 2006)]
[Proposed Rules]
[Pages 26890-26891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7015]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23673; Directorate Identifier 2005-NM-233-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and EMB-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP Airplanes

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

ACTION: Proposed rule; withdrawal.

-----------------------------------------------------------------------

SUMMARY: The FAA withdraws a notice of proposed rulemaking (NPRM) that 
proposed a new airworthiness directive (AD) for all EMBRAER Model EMB-
135 and EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes. The proposed AD would have required inspecting to determine 
the

[[Page 26891]]

part number of the ailerons. For airplanes with affected aileron part 
numbers, the proposed AD would have required reworking the aileron 
damper fitting, and for certain airplanes, replacing the rod end of the 
aileron damper assembly with an improved rod end. Since the proposed AD 
was issued, we have received new data indicating that there is no 
unsafe condition associated with structural failure of the rod end of 
the aileron damper. Accordingly, the proposed AD is withdrawn.

ADDRESSES: You may examine the AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street, SW., Room PL-401, 
Washington, DC. This docket number is FAA-2006-23673; the directorate 
identifier for this docket is 2005-NM-233-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:

Discussion

    We proposed to amend part 39 of the Federal Aviation Regulations 
(14 CFR part 39) with a notice of proposed rulemaking (NPRM) for a new 
AD for all EMBRAER Model EMB-135 and EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes. That NPRM was published in the 
Federal Register on January 25, 2006 (71 FR 4067). The NPRM would have 
required inspecting to determine the part number of the ailerons. For 
airplanes with affected aileron part numbers, the NPRM would have 
required reworking the aileron damper fitting. Also, for certain 
airplanes, the NPRM would have required replacing the rod end of the 
aileron damper assembly with an improved rod end. The NPRM resulted 
from reports of structural failure of the rod end of the aileron 
damper, which was caused by insufficient clearance between the lugs of 
the aileron damper fitting and the rod end of the aileron damper. The 
proposed actions were intended to prevent failure of the aileron 
damper, which could result in failure of the aileron actuator and 
consequent reduced controllability of the airplane.

Comments

    EMBRAER requests that we withdraw the NPRM. EMBRAER points out that 
the unsafe condition stated in the NPRM (failure of the aileron damper, 
which could result in failure of the aileron actuator and consequent 
reduced controllability of the airplane) is incorrect. While the NPRM 
was intended to address reports of structural failure of the rod end of 
the aileron damper, there is no unsafe condition caused by such a 
failure. The aileron damper was introduced to improve safety by 
increasing redundancy: the aileron damper prevents vibration of the 
aileron surface in the event of failure of both rods of the aileron 
power control actuator (PCA). Failure of the rod end of the aileron 
damper and subsequent failure of the aileron damper will not cause 
vibration of the aileron surface.
    Further, while failure of the rod ends of the aileron PCA could 
result in reduced controllability of the airplane, this unsafe 
condition is already addressed by another action. EMBRAER notes that 
the FAA has previously issued AD 99-05-04 (64 FR 13894, March 23, 
1999). That AD requires inspections to detect and correct cracking or 
failure of the rod ends of the aileron PCA on all EMBRAER Model EMB-145 
series airplanes.
    EMBRAER further states that repetitive inspections of the aileron 
damper rod ends and fitting lugs for integrity and general condition 
are specified as a Certification Maintenance Requirement (for Model 
EMB-135 airplanes) and a System Inspection Requirement (for Model EMB-
145 airplanes). The failures of the aileron damper rod ends that 
prompted the NRPM were discovered during inspections performed under 
these requirements.
    We agree with the commenter's request to withdraw the NPRM. EMBRAER 
Service Bulletin 145-27-0108, Revision 01, dated April 28, 2005, which 
the NPRM references as the appropriate source of service information 
for the required actions, was issued to correct insufficient clearance 
between the lugs of the aileron damper fitting and the rod end of the 
aileron damper. We have coordinated with EMBRAER and have determined 
that the actions in that service bulletin are not intended to address 
an unsafe condition. Doing those actions may provide an economic 
benefit to operators by preventing the need for an expensive repair in 
the event that damage is detected during routine inspections. Since 
there is no unsafe condition, the proposed AD is unnecessary.

FAA's Conclusions

    Upon further consideration, we have determined that there is no 
unsafe condition associated with structural failure of the rod end of 
the aileron damper. Accordingly, the NPRM is withdrawn.
    Withdrawal of the NPRM does not preclude the FAA from issuing 
another related action or commit the FAA to any course of action in the 
future.

Regulatory Impact

    Since this action only withdraws an NPRM, it is neither a proposed 
nor a final rule and therefore is not covered under Executive Order 
12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Withdrawal

    Accordingly, we withdraw the NPRM, Docket No. FAA-2006-23673, 
Directorate Identifier 2005-NM-233-AD, which was published in the 
Federal Register on January 25, 2006 (71 FR 4067).

    Issued in Renton, Washington, on April 28, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-7015 Filed 5-8-06; 8:45 am]
BILLING CODE 4910-13-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.