Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and - 145EP Airplanes, 58487-58493 [E6-15861]

Download as PDF Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations countersink that was too deep. We are issuing this AD to detect and correct premature fatigue cracking at certain skin lap splice locations of the fuselage and consequent rapid decompression 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. 9. This AMOC applies only to the common areas inspected in accordance with Boeing Special Attention Service Bulletin 757–53– 0090, dated June 2, 2005. All provisions of AD 2006–11–11 that are not specifically referenced in the above statements remain fully applicable and must be complied with as required by this AD. Operators may revise their FAA-approved maintenance or inspection program with these alternative inspections for common areas. Repair (g) If any crack is found during any inspection required by this AD: Before further flight, repair the crack using a method approved in accordance with the procedures specified in paragraph (i) of this AD. Material Incorporated by Reference (j) You must use Boeing Special Attention Service Bulletin 757–53–0090, dated June 2, 2005, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207, 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. No Reporting Required (h) Although Boeing Special Attention Service Bulletin 757–53–0090, dated June 2, 2005, recommends that inspection results be reported to the manufacturer, this AD does not include that requirement. Issued in Renton, Washington, on September 22, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6–16197 Filed 10–3–06; 8:45 am] erjones on PROD1PC72 with RULES Initial and Repetitive Inspections (f) Do initial and repetitive detailed or high frequency eddy current inspections for cracking around the rivets at the upper fastener row of the skin lap splice of the fuselage by doing all the actions in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 757–53–0090, dated June 2, 2005, except as provided by paragraphs (g) and (h) of this AD. Do the inspections at the applicable times specified in Paragraph 1.E., ‘‘Compliance,’’ of the service bulletin; except where the service bulletin specifies a compliance time after the original release date of the service bulletin, this AD requires compliance after the effective date of this AD. Alternative Methods of Compliance (AMOCs) (i)(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. (4) The inspections specified in paragraph (f) of this AD are approved as an AMOC to paragraph (h) of AD 2006–11–11, amendment 39–14615 for the inspections of Significant Structural Item (SSI) 53–30–07 and 53–60–07 (fuselage lap splices, left and right upper fastener row) listed in the May 2003 or June 2005 revision of the Boeing 757 Maintenance Planning Data (MPD) Document D622N001– VerDate Aug<31>2005 14:25 Oct 03, 2006 Jkt 211001 BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–23145; Directorate Identifier 2000–NM–215–AD; Amendment 39–14777; AD 2006–20–08] 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: Final rule. AGENCY: SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to all EMBRAER Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. That AD currently requires PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 58487 repetitive inspections to detect cracking or failure of the rod ends of the aileron power control actuator (PCA), and corrective actions if necessary. This new AD requires the same repetitive inspections of additional parts at new inspection intervals for certain airplanes; provides new corrective actions; and provides an optional terminating action for the requirements of this AD. 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 PCA, which could result in reduced controllability of the airplane. DATES: This AD becomes effective November 8, 2006. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of November 8, 2006. The Director of the Federal Register approved the incorporation by reference of EMBRAER Alert Service Bulletin 145–27–A054, Change 01, dated February 17, 1999, on March 29, 1999 (64 FR 13892, March 23, 1999). 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: Todd Thompson, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; 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 issued a notice of proposed rulemaking (NPRM) to amend 14 CFR E:\FR\FM\04OCR1.SGM 04OCR1 58488 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations part 39 to include an AD that supersedes AD 99–05–04, amendment 39–11087 (64 FR 13892, March 23, 1999). The existing AD applies to all EMBRAER Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. That NPRM was published in the Federal Register on December 7, 2005 (70 FR 72726). That NPRM proposed to continue to require repetitive inspections to detect cracking or failure of the rod ends of the aileron power control actuator (PCA), and corrective actions if necessary. That NPRM also proposed to require the same repetitive inspections of additional parts at new inspection intervals for certain airplanes to detect cracking or failure of the rod ends of the aileron power control actuator (PCA); provide new corrective actions; and provide an optional terminating action for the proposed requirements. erjones on PROD1PC72 with RULES Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments that have been received on the NPRM. Request To Add Airplane Models to the Applicability ExpressJet requests that we include EMBRAER Model EMB–135 airplanes in the applicability of the NPRM. ExpressJet states that its Model EMB– 135ER and -135LR airplanes that are currently subject to an 800-flight hour inspection interval, if subject to the AD, would be subject to a 1,000-flight hour inspection interval. ExpressJet asserts that these airplanes should be subject to the AD because they have the same subject parts. We do not agree. EMBRAER Model EMB–135 airplanes should not be subject to this AD because they already have the required structural modifications and reinforced aileron PCA-factory incorporated since the first production Model EMB–135 airplane. Regarding the difference in inspection intervals, we have confirmed with EMBRAER that there is no technical reason for the different inspection interval for Model EMB–135 airplanes from that of the airplanes subject to this AD. The different inspection intervals for these airplanes are a result of different maintenance program updating processes (Maintenance Review Board Report updating process versus a design change approval process) used for the different airplane models. EMBRAER has notified us that it is currently in the process of issuing a temporary revision to the EMBRAER EMB–135 Certification Maintenance Requirements that will VerDate Aug<31>2005 14:25 Oct 03, 2006 Jkt 211001 change the inspection interval for those airplanes from 800 flight hours to 1000 flight hours-the same inspection interval specified in this AD for the subject airplanes. No change to the AD is necessary in this regard. Request To Reference Parts Manufacturer Approval (PMA) Parts Modification and Replacement Parts Association (MARPA) requests that the language in the NPRM be changed to identify the new, reinforced parts by part number (P/N). MARPA states that the ‘‘new and improved’’ parts are not identified by P/N in the NPRM and asserts that, if they are identified by P/ N in the service bulletin, the mandated installation of a certain P/N in the NPRM ‘‘could constitute a conflict with 14 CFR Section 21.303.’’ MARPA also requests that a qualifying statement, ‘‘or other FAA-approved part,’’ be appended. MARPA states that this qualification would remove the possible ‘‘conflict’’ by explicitly stating that other qualified PMA parts are permitted. We infer that MARPA would like the AD to permit installation of any equivalent PMA parts so that it is not necessary for an operator to request approval of an alternative method of compliance (AMOC) in order to install an ‘‘equivalent’’ PMA part. Whether an alternative part is ‘‘equivalent’’ in adequately resolving the unsafe condition can only be determined on a case-by-case basis based on a complete understanding of the unsafe condition. Our policy is that, in order for operators to replace a part with one that is not specified in the AD, they must request an AMOC. This is necessary so that we can make a specific determination that an alternative part is or is not susceptible to the same unsafe condition. Therefore, we do not agree with MARPA’s requests and have made no change to the AD in this regard. The AD provides a means of compliance for operators to ensure that the identified unsafe condition is addressed appropriately. For an unsafe condition attributable to a part, the AD normally identifies the replacement parts necessary to obtain that compliance. As stated in section 39.7 of the Federal Aviation Regulations (14 CFR 39.7), ‘‘Anyone who operates a product that does not meet the requirements of an applicable airworthiness directive is in violation of this section.’’ Unless an operator obtains approval for an AMOC, replacing a part with one not specified by the AD would make the operator subject to an enforcement action and result in a civil penalty. We acknowledge that there may be other ways of addressing this issue. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Once we have thoroughly examined all aspects of this issue, including input from industry, and have made a final determination, we will consider whether our policy regarding PMA parts in ADs needs to be revised. However, we consider that to delay this AD action would be inappropriate, since we have determined that an unsafe condition exists and that replacement of certain parts must be accomplished to ensure continued safety. Therefore, no change to the AD is necessary in this regard. In response to MARPA’s statement regarding a ‘‘conflict with FAR 21.303,’’ under which the FAA issues PMAs, this statement appears to reflect a misunderstanding of the relationship between ADs and the certification procedural regulations of part 21 of the Federal Aviation Regulations (14 CFR part 21). Those regulations, including section 21.303 of the Federal Aviation Regulations (14 CFR 21.203), are intended to ensure that aeronautical products comply with the applicable airworthiness standards. But ADs are issued when, notwithstanding those procedures, we become aware of unsafe conditions in these products or parts. Therefore, an AD takes precedence over design approvals when we identify an unsafe condition, and mandating installation of a certain P/N in an AD is not at variance with section § 21.303. Request To Address Defective PMA Parts MARPA notes that the P/Ns cited in the NPRM reflect both original equipment manufacturer (OEM) and PMA parts ‘‘approved by identicality under license to Parker Hannifin Company.’’ The commenter believes that the requirements of the AD should apply equally to the OEM and PMA parts. We do not agree that it is necessary to specify whether an identified part is made by the OEM or by the holder of a PMA. The P/Ns of the affected parts are the information that is necessary to comply with the requirements of this AD and those P/Ns are clearly identified in the AD. Therefore, no change has been made to the final rule in this regard. Request To Use Serviceable Parts ExpressJet also asks that we revise the NPRM to allow use of serviceable parts in lieu of new parts for replacement/ installation of an aileron PCA. ExpressJet states that it completed the requirements of this AD some time ago and that they used parts that were serviceable, but may not have been new. We agree. It is our policy to allow operators to use serviceable parts in lieu E:\FR\FM\04OCR1.SGM 04OCR1 58489 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations of new parts if a serviceable part exists and that part is not subject to the unsafe condition addressed by the AD and will adequately ensure long-term continued operational safety by its use. Therefore, we have changed this final rule to allow use of serviceable parts for the replacement/installation of an aileron PCA. Request To Add Service Information ExpressJet asks that we add the service information identified in the table below as acceptable methods of compliance for the requirements of the paragraphs also specified in the table below. ExpressJet notes that the technical content of these service bulletins is the same as in the later revisions already cited in the NPRM as the appropriate sources of service information for the requirements of those paragraphs. SERVICE INFORMATION REQUESTED FOR INCLUSION IN AD Add this service bulletin as an acceptable method of compliance— For the requirements of paragraph(s)— Approved as an AMOC to— EMBRAER EMBRAER EMBRAER EMBRAER Paragraph (j) ............................................. Paragraphs (k), (l), and (n)(2) .................. Paragraphs (k) and (n)(2) ......................... Paragraphs (k) and (n)(2) ......................... None. AD 99–05–04. None. AD 99–05–04. Service Service Service Service Bulletin Bulletin Bulletin Bulletin 145–27–0062, 145–57–0019, 145–27–0061, 145–27–0061, Change 02, dated September 12, 2000 .. Change 01, dated March 30, 2000 ......... dated October 19, 1999 .......................... Change 01, dated October 29, 1999 ...... We agree with ExpressJet’s request. We have reviewed these service bulletins and have determined that the technical content of each is essentially the same as those already referenced in the NPRM for the applicable actions. Therefore, we have added these service bulletins to the applicable paragraphs as acceptable methods of compliance for the applicable requirements of this final rule. Conclusion We have carefully reviewed the available data, including the comments that have been received, 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 The following table provides the estimated costs for U.S. operators to comply with this AD. ESTIMATED COSTS Action Inspections (required by AD 99–05– 04). Inspections (new action for airplanes subject to EMBRAER Service Bulletin 145–27–0054). Replacing the PCA connecting fittings (new action). erjones on PROD1PC72 with RULES Jkt 211001 Cost per airplane $65 None ........... 1 65 24 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 14:25 Oct 03, 2006 Parts 1 Authority for This Rulemaking VerDate Aug<31>2005 Average labor rate per hour Work hours 65 661 None ........... 661 $42,965, per inspection cycle. $42,965, per inspection cycle. $19,817 ....... $21,377 ............... 661 $14,130,197. 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 Frm 00005 Fmt 4700 Fleet cost $65, per inspection cycle. $65, per inspection cycle. products identified in this rulemaking action. PO 00000 Number of U.S.-registered airplanes Sfmt 4700 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 PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: I E:\FR\FM\04OCR1.SGM 04OCR1 58490 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by removing amendment 39–11087 (64 FR 13892, March 23, 1999) and by adding the following new airworthiness directive (AD): I 2006–20–08 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Amendment 39–14777. Docket No. FAA–2005–23145; Directorate Identifier 2000–NM–215–AD. Effective Date (a) This AD becomes effective November 8, 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 or serviceable part having the same part number, in accordance with EMBRAER Alert Service Bulletin 145–27A054, 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 or serviceable 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 specifies 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 number (P/N)— Do the initial inspection— Repeat the inspection— 394900–1003 or 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 ...................................................... erjones on PROD1PC72 with RULES 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 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.’’ VerDate Aug<31>2005 14:25 Oct 03, 2006 Jkt 211001 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 or serviceable part as listed in the ‘‘New P/N’’ column in section 2. ‘‘Material—Cost and Availability’’ of EMBRAER Service Bulletin 145–27–0062, Change 02, dated September 12, 2000; PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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 E:\FR\FM\04OCR1.SGM 04OCR1 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations EMBRAER Service Bulletin 145–57–0019, Change 01, dated March 30, 2000, Change 02, dated May 3, 2001, or Change 03, dated February 11, 2004; and EMBRAER Service Bulletin 145–27–0061, dated October 19, 1999, Change 01, dated October 29, 1999, 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 01, dated March 30, 2000, 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 58491 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 01, dated March 30, 2000, Change 02, dated May 3, 2001, or Change 03, dated February 11, 2004; and EMBRAER Service Bulletin 145– 27–0061, dated October 19, 1999, Change 01, dated October 29, 1999, 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 Revision level .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... (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. Date Original ................................................................................... Change 01 ............................................................................. Change 02 ............................................................................. Change 03 ............................................................................. Revision 04 ............................................................................ Revision 05 ............................................................................ (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. Related Information (p) Brazilian airworthiness directive 1999– 02–01R6, dated June 21, 2004, also addresses the subject of this AD. March 30, 2000. October 2, 2000. March 22, 2002. May 27, 2004. October 13, 2004. March 16, 2005. Incorporation by Reference (q) You must use the EMBRAER service bulletins identified in Table 3 of this AD, as applicable, to perform the actions that are required by this AD, unless the AD specifies otherwise. If accomplished, you must use the EMBRAER service bulletins identified in Table 4 of this AD, to perform the aileron damper installation provided in paragraph (n)(3) of this AD, unless the AD specifies otherwise. TABLE 3.—REQUIRED SERVICE BULLETINS INCORPORATED BY REFERENCE erjones on PROD1PC72 with RULES Service bulletin EMBRAER EMBRAER EMBRAER EMBRAER EMBRAER EMBRAER Revision/change level Alert Service Bulletin 145–27-A054 ..................................................... Service Bulletin 145–27–0054 ............................................................. Service Bulletin 145–27–0054 ............................................................. Service Bulletin 145–27–0061 ............................................................. Service Bulletin 145–27–0061 ............................................................. Service Bulletin 145–27–0061 ............................................................. EMBRAER Service Bulletin 145–27–0061 ............................................................. EMBRAER Service Bulletin 145–27–0061 ............................................................. VerDate Aug<31>2005 14:25 Oct 03, 2006 Jkt 211001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 Change Change Change Original Change Change 01 ............................................. 03 ............................................. 04 ............................................. .................................................. 01 ............................................. 02 ............................................. Change 03 ............................................. Revision 04 ............................................ E:\FR\FM\04OCR1.SGM 04OCR1 Date February 17, 1999. March 30, 2000. February 14, 2005. October 19, 1999. October 29, 1999. September 12, 2000. March 14, 2001. August 11, 2004. 58492 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations TABLE 3.—REQUIRED SERVICE BULLETINS INCORPORATED BY REFERENCE—Continued Service bulletin Revision/change level Date EMBRAER Service Bulletin 145–27–0062 ............................................................. Change 02 ............................................. EMBRAER Service Bulletin 145–27–0062 ............................................................. Revision 03 ............................................ EMBRAER EMBRAER EMBRAER EMBRAER Revision 04 ............................................ Change 01 ............................................. Change 02 ............................................. Change 03 ............................................. September 12, 2000. December 11, 2002. March 8, 2004. March 30, 2000. May 3, 2001. February 11, 2004. Service Service Service Service Bulletin Bulletin Bulletin Bulletin 145–27–0062 145–57–0019 145–57–0019 145–57–0019 ............................................................. ............................................................. ............................................................. ............................................................. TABLE 4.—AILERON DAMPER INSTALLATION SERVICE BULLETINS INCORPORATED BY REFERENCE EMBRAER Service Bulletin 145–27–0063 145–27–0063 145–27–0063 145–27–0063 145–27–0063 145–27–0063 Revision level .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... Date Original ................................................................................... Change 01 ............................................................................. Change 02 ............................................................................. Change 03 ............................................................................. Revision 04 ............................................................................ Revision 05 ............................................................................ March 30, 2000. October 2, 2000. March 22, 2002. May 27, 2004. October 13, 2004. March 16, 2005. EMBRAER Service Bulletin 145–57–0019, Change 03, dated February 11, 2004, contains the following effective pages: Page No. Change level shown on page Date shown on page 1–4 .......................................................................................... 5–71 ........................................................................................ 03 ........................................................................................... 02 ........................................................................................... February 11, 2004. May 3, 2001. Page No. Change level shown on page Date shown on page 1–4 .......................................................................................... 5–24 ........................................................................................ 01 ........................................................................................... 00 ........................................................................................... EMBRAER Service Bulletin 145–27–0063, Change 01, dated October 2, 2000, contains the following effective pages: (1) The Director of the Federal Register approved the incorporation by reference of the documents identified in Table 5 of this October 2, 2000. March 20, 2000. AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. TABLE 5.—NEW MATERIAL INCORPORATED BY REFERENCE erjones on PROD1PC72 with RULES EMBRAER Service Bulletin 145–27–0054 145–27–0054 145–27–0061 145–27–0061 145–27–0061 145–27–0061 145–27–0061 145–27–0062 145–27–0062 145–27–0062 145–27–0063 145–27–0063 145–27–0063 145–27–0063 145–27–0063 145–27–0063 145–57–0019 145–57–0019 VerDate Aug<31>2005 Revision/change level .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... .......................................................................... 14:25 Oct 03, 2006 Jkt 211001 PO 00000 Frm 00008 Date Change 03 ......................................................................... Change 04 ......................................................................... Original ............................................................................... Change 01 ......................................................................... Change 02 ......................................................................... Change 03 ......................................................................... Revision 04 ........................................................................ Change 02 ......................................................................... Revision 03 ........................................................................ Revision 04 ........................................................................ Original ............................................................................... Change 01 ......................................................................... Change 02 ......................................................................... Change 03 ......................................................................... Revision 04 ........................................................................ Revision 05 ........................................................................ Change 01 ......................................................................... Change 02 ......................................................................... Fmt 4700 Sfmt 4700 E:\FR\FM\04OCR1.SGM 04OCR1 March 30, 2000. February 14, 2005. October 19, 1999. October 29, 1999. September 12, 2000. March 14, 2001. August 11, 2004. September 12, 2000. December 11, 2002. March 8, 2004. March 30, 2000. October 2, 2000. March 22, 2002. May 27, 2004. October 13, 2004. March 16, 2005. March 30, 2000. May 3, 2001. 58493 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations TABLE 5.—NEW MATERIAL INCORPORATED BY REFERENCE—Continued EMBRAER Service Bulletin Revision/change level 145–57–0019 .......................................................................... Change 03 ......................................................................... (2) The Director of the Federal Register approved the incorporation by reference of EMBRAER Alert Service Bulletin 145–27– A054, Change 01, dated February 17, 1999, on March 29, 1999 (64 FR 13892, March 23, 1999). (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 September 15, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. FR Doc. E6–15861 Filed 10–3–06; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2006–24256; Directorate Identifier 2006–NM–010–AD; Amendment 39–14782; AD 2006–20–12] RIN 2120–AA64 Airworthiness Directives; McDonnell Douglas Model 717–200 Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. erjones on PROD1PC72 with RULES AGENCY: SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model 717–200 airplanes. This AD requires replacing the lightning critical clamp bases of the fuel tank vent system with improved clamp bases; and checking the electrical bond of the modified self-bonding mounting clamps and corrective action if necessary. This AD results from an investigation that revealed the aluminum foil strip on the nylon base of the ground clamps can fracture or separate from the base. We are issuing VerDate Aug<31>2005 14:25 Oct 03, 2006 Jkt 211001 this AD to ensure that the fuel pipes are properly bonded to the airplane structure. Improper bonding could prevent electrical energy from a lightning strike from dissipating to the airplane structure, which could result in a fuel tank explosion. DATES: This AD becomes effective November 8, 2006. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of November 8, 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 Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1–L5A (D800–0024), for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Serj Harutunian, Aerospace Engineer, Propulsion Branch, ANM–140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712–4137; telephone (562) 627–5254; fax (562) 627–5210. 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 issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to certain McDonnell Douglas Model 717–200 airplanes. That NPRM was published in the Federal Register on March 28, 2006 (71 FR 15351). That NPRM proposed to require replacing the lightning critical clamp bases of the fuel tank vent system with improved clamp PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 Date February 11, 2004. bases; and checking the electrical bond of the modified self-bonding mounting clamps. Actions Since NPRM Was Issued Since we issued the NPRM, Boeing has released Service Bulletin 717–28– 0004, Revision 3, dated June 21, 2006. In the NPRM, we referenced Revision 2 of the service bulletin, dated March 11, 2005, as the appropriate source of service information. The procedures in Revision 3 are essentially the same as those in Revision 2. Revision 3 also provides detailed instructions for checking the electrical bond of the modified self-bonding mounting clamps and accomplishing corrective actions if necessary. If the electrical conductivity of the surface is greater than 2.5 milliohms, the corrective actions include surface prepping and applying a chemical conversion coat to the surface of the structural bracket and vent pipe. (The NPRM proposed to repair the electrical bond of the mounting clamp according to a method approved by the Manager, Los Angeles Aircraft Certification Office (ACO), FAA, if any electrical bond fails the check. The NPRM specified that Chapter 28–00–00 of the Boeing 717 Aircraft Maintenance Manual and Chapter 20– 50–01 of the Boeing 717 Standard Wiring Practices Manual (SWPM) are one approved method.) We have revised paragraph (f) of this AD to reference Revision 3 as the appropriate source of service information for replacing the lightning critical clamp bases of the fuel tank vent system with improved clamp bases; and checking the electrical bond of the modified self-bonding mounting clamps. We have also revised paragraph (f) to allow operators to either repair any electrical bond in accordance with Revision 3 of the service bulletin, or according to a method approved by the Manager, Los Angeles ACO. In addition, we have added a new paragraph (g) to this AD, giving credit for actions done before the effective date of this AD in accordance with Revision 2. We have also revised the applicability of paragraph (c) of this AD to reference Revision 3. Revision 2 and Revision 3 both apply to Model 717–200 airplanes having fuselage numbers 5002 through 5121 inclusive; therefore, the applicability of this AD has not changed. E:\FR\FM\04OCR1.SGM 04OCR1

Agencies

[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Rules and Regulations]
[Pages 58487-58493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15861]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23145; Directorate Identifier 2000-NM-215-AD;
Amendment 39-14777; AD 2006-20-08]
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: Final rule.

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

SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to all EMBRAER Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes. That 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 new AD requires the same repetitive inspections of
additional parts at new inspection intervals for certain airplanes;
provides new corrective actions; and provides an optional terminating
action for the requirements of this AD. 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 PCA, which could result in reduced controllability of the
airplane.

DATES: This AD becomes effective November 8, 2006.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of November 8,
2006.
The Director of the Federal Register approved the incorporation by
reference of EMBRAER Alert Service Bulletin 145-27-A054, Change 01,
dated February 17, 1999, on March 29, 1999 (64 FR 13892, March 23,
1999).

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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; 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 issued a notice of proposed rulemaking (NPRM) to amend 14
CFR

[[Page 58488]]

part 39 to include an AD that supersedes AD 99-05-04, amendment 39-
11087 (64 FR 13892, March 23, 1999). The existing AD applies to all
EMBRAER Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes. That NPRM was published in the Federal Register on
December 7, 2005 (70 FR 72726). That NPRM proposed to continue to
require repetitive inspections to detect cracking or failure of the rod
ends of the aileron power control actuator (PCA), and corrective
actions if necessary. That NPRM also proposed to require the same
repetitive inspections of additional parts at new inspection intervals
for certain airplanes to detect cracking or failure of the rod ends of
the aileron power control actuator (PCA); provide new corrective
actions; and provide an optional terminating action for the proposed
requirements.

Comments

We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.

Request To Add Airplane Models to the Applicability

ExpressJet requests that we include EMBRAER Model EMB-135 airplanes
in the applicability of the NPRM. ExpressJet states that its Model EMB-
135ER and -135LR airplanes that are currently subject to an 800-flight
hour inspection interval, if subject to the AD, would be subject to a
1,000-flight hour inspection interval. ExpressJet asserts that these
airplanes should be subject to the AD because they have the same
subject parts.
We do not agree. EMBRAER Model EMB-135 airplanes should not be
subject to this AD because they already have the required structural
modifications and reinforced aileron PCA-factory incorporated since the
first production Model EMB-135 airplane. Regarding the difference in
inspection intervals, we have confirmed with EMBRAER that there is no
technical reason for the different inspection interval for Model EMB-
135 airplanes from that of the airplanes subject to this AD. The
different inspection intervals for these airplanes are a result of
different maintenance program updating processes (Maintenance Review
Board Report updating process versus a design change approval process)
used for the different airplane models. EMBRAER has notified us that it
is currently in the process of issuing a temporary revision to the
EMBRAER EMB-135 Certification Maintenance Requirements that will change
the inspection interval for those airplanes from 800 flight hours to
1000 flight hours-the same inspection interval specified in this AD for
the subject airplanes. No change to the AD is necessary in this regard.

Request To Reference Parts Manufacturer Approval (PMA) Parts

Modification and Replacement Parts Association (MARPA) requests
that the language in the NPRM be changed to identify the new,
reinforced parts by part number (P/N). MARPA states that the ``new and
improved'' parts are not identified by P/N in the NPRM and asserts
that, if they are identified by P/N in the service bulletin, the
mandated installation of a certain P/N in the NPRM ``could constitute a
conflict with 14 CFR Section 21.303.'' MARPA also requests that a
qualifying statement, ``or other FAA-approved part,'' be appended.
MARPA states that this qualification would remove the possible
``conflict'' by explicitly stating that other qualified PMA parts are
permitted.
We infer that MARPA would like the AD to permit installation of any
equivalent PMA parts so that it is not necessary for an operator to
request approval of an alternative method of compliance (AMOC) in order
to install an ``equivalent'' PMA part. Whether an alternative part is
``equivalent'' in adequately resolving the unsafe condition can only be
determined on a case-by-case basis based on a complete understanding of
the unsafe condition. Our policy is that, in order for operators to
replace a part with one that is not specified in the AD, they must
request an AMOC. This is necessary so that we can make a specific
determination that an alternative part is or is not susceptible to the
same unsafe condition. Therefore, we do not agree with MARPA's requests
and have made no change to the AD in this regard.
The AD provides a means of compliance for operators to ensure that
the identified unsafe condition is addressed appropriately. For an
unsafe condition attributable to a part, the AD normally identifies the
replacement parts necessary to obtain that compliance. As stated in
section 39.7 of the Federal Aviation Regulations (14 CFR 39.7),
``Anyone who operates a product that does not meet the requirements of
an applicable airworthiness directive is in violation of this
section.'' Unless an operator obtains approval for an AMOC, replacing a
part with one not specified by the AD would make the operator subject
to an enforcement action and result in a civil penalty. We acknowledge
that there may be other ways of addressing this issue. Once we have
thoroughly examined all aspects of this issue, including input from
industry, and have made a final determination, we will consider whether
our policy regarding PMA parts in ADs needs to be revised. However, we
consider that to delay this AD action would be inappropriate, since we
have determined that an unsafe condition exists and that replacement of
certain parts must be accomplished to ensure continued safety.
Therefore, no change to the AD is necessary in this regard.
In response to MARPA's statement regarding a ``conflict with FAR
21.303,'' under which the FAA issues PMAs, this statement appears to
reflect a misunderstanding of the relationship between ADs and the
certification procedural regulations of part 21 of the Federal Aviation
Regulations (14 CFR part 21). Those regulations, including section
21.303 of the Federal Aviation Regulations (14 CFR 21.203), are
intended to ensure that aeronautical products comply with the
applicable airworthiness standards. But ADs are issued when,
notwithstanding those procedures, we become aware of unsafe conditions
in these products or parts. Therefore, an AD takes precedence over
design approvals when we identify an unsafe condition, and mandating
installation of a certain P/N in an AD is not at variance with section
Sec. 21.303.

Request To Address Defective PMA Parts

MARPA notes that the P/Ns cited in the NPRM reflect both original
equipment manufacturer (OEM) and PMA parts ``approved by identicality
under license to Parker Hannifin Company.'' The commenter believes that
the requirements of the AD should apply equally to the OEM and PMA
parts.
We do not agree that it is necessary to specify whether an
identified part is made by the OEM or by the holder of a PMA. The P/Ns
of the affected parts are the information that is necessary to comply
with the requirements of this AD and those P/Ns are clearly identified
in the AD. Therefore, no change has been made to the final rule in this
regard.

Request To Use Serviceable Parts

ExpressJet also asks that we revise the NPRM to allow use of
serviceable parts in lieu of new parts for replacement/installation of
an aileron PCA. ExpressJet states that it completed the requirements of
this AD some time ago and that they used parts that were serviceable,
but may not have been new.
We agree. It is our policy to allow operators to use serviceable
parts in lieu

[[Page 58489]]

of new parts if a serviceable part exists and that part is not subject
to the unsafe condition addressed by the AD and will adequately ensure
long-term continued operational safety by its use. Therefore, we have
changed this final rule to allow use of serviceable parts for the
replacement/installation of an aileron PCA.

Request To Add Service Information

ExpressJet asks that we add the service information identified in
the table below as acceptable methods of compliance for the
requirements of the paragraphs also specified in the table below.
ExpressJet notes that the technical content of these service bulletins
is the same as in the later revisions already cited in the NPRM as the
appropriate sources of service information for the requirements of
those paragraphs.

Service Information Requested for Inclusion in AD
------------------------------------------------------------------------
Add this service bulletin as an For the
acceptable method of requirements of Approved as an AMOC
compliance-- paragraph(s)-- to--
------------------------------------------------------------------------
EMBRAER Service Bulletin 145-27- Paragraph (j)..... None.
0062, Change 02, dated
September 12, 2000.
EMBRAER Service Bulletin 145-57- Paragraphs (k), AD 99-05-04.
0019, Change 01, dated March (l), and (n)(2).
30, 2000.
EMBRAER Service Bulletin 145-27- Paragraphs (k) and None.
0061, dated October 19, 1999. (n)(2).
EMBRAER Service Bulletin 145-27- Paragraphs (k) and AD 99-05-04.
0061, Change 01, dated October (n)(2).
29, 1999.
------------------------------------------------------------------------

We agree with ExpressJet's request. We have reviewed these service
bulletins and have determined that the technical content of each is
essentially the same as those already referenced in the NPRM for the
applicable actions. Therefore, we have added these service bulletins to
the applicable paragraphs as acceptable methods of compliance for the
applicable requirements of this final rule.

Conclusion

We have carefully reviewed the available data, including the
comments that have been received, 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

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

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

[[Page 58490]]

Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13 [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-11087 (64 FR 13892, March 23, 1999) and by adding
the following new airworthiness directive (AD):

2006-20-08 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14777. Docket No. FAA-2005-23145; Directorate
Identifier 2000-NM-215-AD.

Effective Date

(a) This AD becomes effective November 8, 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 or
serviceable 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 or serviceable 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 specifies 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 number (P/N)-- Do the initial Repeat the
inspection-- inspection--
------------------------------------------------------------------------
394900-1003 or 394900-1005.. Within 3 days after At intervals not to
the effective date exceed 25 flight
of this AD. hours or 3 days,
whichever occurs
later.
394900-1007................. Within 14 days after At intervals not to
the effective date exceed 100 flight
of this AD. hours or 14 days,
whichever occurs
later.
418800-1001, 418800-1003, Within 500 flight At intervals not to
418800-9003, 418800-1005, hours after the exceed 500 flight
418800-9005, 418800-1007, effective date of hours.
or 418800-9007; and that this AD.
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
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.''

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 or serviceable part as
listed in the ``New P/N'' column in section 2. ``Material--Cost and
Availability'' of EMBRAER Service Bulletin 145-27-0062, Change 02,
dated September 12, 2000; 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

[[Page 58491]]

EMBRAER Service Bulletin 145-57-0019, Change 01, dated March 30,
2000, Change 02, dated May 3, 2001, or Change 03, dated February 11,
2004; and EMBRAER Service Bulletin 145-27-0061, dated October 19,
1999, Change 01, dated October 29, 1999, 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 01, dated March 30, 2000, 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 01,
dated March 30, 2000, Change 02, dated May 3, 2001, or Change 03,
dated February 11, 2004; and EMBRAER Service Bulletin 145-27-0061,
dated October 19, 1999, Change 01, dated October 29, 1999, 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.

Incorporation by Reference

(q) You must use the EMBRAER service bulletins identified in
Table 3 of this AD, as applicable, to perform the actions that are
required by this AD, unless the AD specifies otherwise. If
accomplished, you must use the EMBRAER service bulletins identified
in Table 4 of this AD, to perform the aileron damper installation
provided in paragraph (n)(3) of this AD, unless the AD specifies
otherwise.

Table 3.--Required Service Bulletins Incorporated by Reference
------------------------------------------------------------------------
Revision/change
Service bulletin level Date
------------------------------------------------------------------------
EMBRAER Alert Service Change 01...... February 17, 1999.
Bulletin 145-27-A054.
EMBRAER Service Bulletin 145- Change 03...... March 30, 2000.
27-0054.
EMBRAER Service Bulletin 145- Change 04...... February 14, 2005.
27-0054.
EMBRAER Service Bulletin 145- Original....... October 19, 1999.
27-0061.
EMBRAER Service Bulletin 145- Change 01...... October 29, 1999.
27-0061.
EMBRAER Service Bulletin 145- Change 02...... September 12, 2000.
27-0061.
EMBRAER Service Bulletin 145- Change 03...... March 14, 2001.
27-0061.
EMBRAER Service Bulletin 145- Revision 04.... August 11, 2004.
27-0061.

[[Page 58492]]

EMBRAER Service Bulletin 145- Change 02...... September 12, 2000.
27-0062.
EMBRAER Service Bulletin 145- Revision 03.... December 11, 2002.
27-0062.
EMBRAER Service Bulletin 145- Revision 04.... March 8, 2004.
27-0062.
EMBRAER Service Bulletin 145- Change 01...... March 30, 2000.
57-0019.
EMBRAER Service Bulletin 145- Change 02...... May 3, 2001.
57-0019.
EMBRAER Service Bulletin 145- Change 03...... February 11, 2004.
57-0019.
------------------------------------------------------------------------

Table 4.--Aileron Damper Installation Service Bulletins Incorporated by
Reference
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

EMBRAER Service Bulletin 145-57-0019, Change 03, dated February 11,
2004, contains the following effective pages:

------------------------------------------------------------------------
Change level
Page No. shown on page Date shown on page
------------------------------------------------------------------------
1-4.......................... 03............. February 11, 2004.
5-71......................... 02............. May 3, 2001.
------------------------------------------------------------------------

EMBRAER Service Bulletin 145-27-0063, Change 01, dated October 2,
2000, contains the following effective pages:

------------------------------------------------------------------------
Change level
Page No. shown on page Date shown on page
------------------------------------------------------------------------
1-4.......................... 01............. October 2, 2000.
5-24......................... 00............. March 20, 2000.
------------------------------------------------------------------------

(1) The Director of the Federal Register approved the
incorporation by reference of the documents identified in Table 5 of
this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

Table 5.--New Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
EMBRAER Service Bulletin Revision/change level Date
----------------------------------------------------------------------------------------------------------------
145-27-0054.............................. Change 03................... March 30, 2000.
145-27-0054.............................. Change 04................... February 14, 2005.
145-27-0061.............................. Original.................... October 19, 1999.
145-27-0061.............................. Change 01................... October 29, 1999.
145-27-0061.............................. Change 02................... September 12, 2000.
145-27-0061.............................. Change 03................... March 14, 2001.
145-27-0061.............................. Revision 04................. August 11, 2004.
145-27-0062.............................. Change 02................... September 12, 2000.
145-27-0062.............................. Revision 03................. December 11, 2002.
145-27-0062.............................. Revision 04................. March 8, 2004.
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.
145-57-0019.............................. Change 01................... March 30, 2000.
145-57-0019.............................. Change 02................... May 3, 2001.

[[Page 58493]]

145-57-0019.............................. Change 03................... February 11, 2004.
----------------------------------------------------------------------------------------------------------------

(2) The Director of the Federal Register approved the
incorporation by reference of EMBRAER Alert Service Bulletin 145-27-
A054, Change 01, dated February 17, 1999, on March 29, 1999 (64 FR
13892, March 23, 1999).
(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 September 15, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
FR Doc. E6-15861 Filed 10-3-06; 8:45 am]
BILLING CODE 4910-13-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.