Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes, 71281-71284 [E7-24330]
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Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Proposed Rules
A non-respect of the pilot door adjustment
procedure could have damaged the stop
fitting and could result in a consequent
depressurization of the airplane.
This AD requires you to inspect the pilot
door locking stop fittings for correct length
and replace any incorrect length pilot door
locking stop fittings found.
Requirements Retained From AD 2007–04–
08
(f) Unless already done, inspect the pilot
door locking stop-fittings for correct length
within 30 days after March 23, 2007 (the
effective date of AD 2007–04–08). Do the
inspection following EADS SOCATA TBM
Aircraft Mandatory Service Bulletin SB 70–
131, dated July 2005, or EADS SOCATA TBM
Aircraft Mandatory Service Bulletin SB 70–
131, Amendment 1, dated June 2007.
New Requirements of This AD: Actions and
Compliance
(g) Do the following actions, unless already
done:
(1) Any incorrect length pilot door locking
stop-fittings replaced following the
inspection required in paragraph (f) of this
AD in accordance with AD 2007–04–08,
using the original issue of EADS SOCATA
TBM Aircraft Mandatory Service Bulletin SB
70–131, dated July 2005, must be replaced
again within the next 12 months after the
effective date of this AD. Do the replacement
using EADS SOCATA TBM Aircraft
Mandatory Service Bulletin SB 70–131,
Amendment 1, dated June 2007.
(2) Any incorrect length pilot door locking
stop-fittings found during the inspection
required in paragraph (f) of this AD and not
previously replaced in accordance with AD
2007–04–08, must be replaced before further
flight. Do the replacement using EADS
SOCATA TBM Aircraft Mandatory Service
Bulletin SB 70–131, Amendment 1, dated
June 2007.
FAA AD Differences
ebenthall on PROD1PC69 with PROPOSALS
Note: This AD differs from the MCAI and/
or service information as follows: No
differences.
Other FAA AD Provisions
(h) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Office,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to
ATTN: Albert Mercado, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4119; fax: (816) 329–
4090. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
(2) Airworthy Product: For any
requirement in this AD to obtain corrective
actions from a manufacturer or other source,
use these actions if they are FAA-approved.
Corrective actions are considered FAAapproved if they are approved by the State
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15:26 Dec 14, 2007
Jkt 214001
of Design Authority (or their delegated
agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Special Flight Permit
(i) If you have ordered parts and they are
not available, then you may fly
unpressurized until parts become available or
for a period not to exceed 90 days after the
inspection required in paragraph (f) of this
AD, whichever occurs first. You must also
fabricate and install a placard as described
below. Completing the action of paragraph
(g)(2) of this AD terminates the placard
requirement.
(1) Fabricate (using letters at least 1/8 inch
in height) a warning placard that states ‘‘This
airplane is prohibited from pressurized
flight.’’
(2) Install the placard in full view of the
pilot. The owner/operator holding at least a
private pilot certificate as authorized by
section 43.7 of the Federal Aviation
Regulations (14 CFR 43.7) may install the
placard as required in paragraph (h) of this
AD.
Related Information
(j) Refer to MCAI Direction generale de
l’aviation civile (DGAC) AD No. F–2007–016,
October 10, 2007; and EADS SOCATA TBM
Aircraft Mandatory Service Bulletin SB 70–
131, Amendment 1, dated June 2007, for
related information.
Issued in Kansas City, Missouri, on
December 11, 2007.
John R. Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–24321 Filed 12–14–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–0338; Directorate
Identifier 2007–NM–139–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135BJ,
–135ER, –135KE, –135KL, –135LR,
–145, –145ER, –145MR, –145LR,
–145XR, –145MP, and –145EP
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
AGENCY:
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
71281
Notice of proposed rulemaking
(NPRM).
ACTION:
SUMMARY: The FAA proposes to
supersede an existing airworthiness
directive (AD) that applies to all
EMBRAER Model EMB–135BJ, –135ER,
–135KE, –135KL, –135LR, –145,
–145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP airplanes. The
existing AD currently requires
reviewing the airplane maintenance
records for recent reports of vibration
from the tail section or rudder pedals.
The existing AD also currently requires
repetitively inspecting the skin,
attachment fittings, and control rods of
rudder II to detect cracking, loose parts,
wear, or damage; and related
investigative/corrective actions if
necessary. This proposed AD would
require the existing repetitive inspection
to be done with new service
information. This proposed AD also
would require replacing the locking tab
washers on the control rods of the
rudder II and installing springs on the
hinge assemblies of the rudder II, which
would terminate the repetitive
inspection requirements. This proposed
AD results from reports of rudder
vibration due to wear. We are proposing
this AD to prevent failure of the rudder
control rods, which could result in
jamming of the rudder II, and possible
structural failure and reduced
controllability of the airplane.
DATES: We must receive comments on
this proposed AD by January 16, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this AD, contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box
343—CEP 12.225, Sao Jose dos
Campos—SP, Brazil.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
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17DEP1
71282
Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Proposed Rules
Friday, except Federal holidays. The AD
docket contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(telephone 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2125; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2007–0338; Directorate Identifier
2007–NM–139–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
ebenthall on PROD1PC69 with PROPOSALS
On November 2, 2005, we issued AD
2005–25–04, amendment 39–14397 (70
FR 72902, December 8, 2005), for all
EMBRAER Model EMB–135BJ, –135ER,
–135KE, –135KL, –135LR, –145,
–145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP airplanes. That
AD requires reviewing the airplane
maintenance records for recent reports
of vibration from the tail section or
rudder pedals. That AD also requires
repetitively inspecting the skin,
attachment fittings, and control rods of
rudder II to detect cracking, loose parts,
wear, or damage; and related
investigative/corrective actions if
necessary. That AD resulted from
reports of rudder vibration due to wear.
We issued that AD to prevent failure of
multiple hinge fittings, which could
result in severe vibration, and to prevent
failure of the rudder control rods, which
could result in jamming of the rudder II;
and possible structural failure and
reduced controllability of the airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2005–25–04, the
˘
Agencia Nacional de Aviacao Civil
¸˜
(ANAC), which is the airworthiness
authority for Brazil, issued Brazilian
airworthiness directive 2005–09–02R2,
effective May 10, 2007, to include
updated procedures for the existing
repetitive inspections and a terminating
action for the repetitive inspections.
Relevant Service Information
EMBRAER has issued Alert Service
Bulletin 145LEG–55–A010, Revision 02,
dated May 16, 2006 (for Model EMB–
135BJ airplanes); and 145–55–A036,
Revision 03, dated May 16, 2006 (for
Model EMB–135ER, –135KE, –135KL,
–135LR, –145, –145ER, –145MR,
–145LR, –145XR, –145MP, and –145EP
airplanes). (AD 2005–25–04 refers to
EMBRAER Alert Service Bulletin
145LEG–55–A010, dated August 26,
2005; and 145–55–A036, Revision 01,
dated September 5, 2005; as the
appropriate sources of service
information for accomplishing the
required repetitive inspections).
Revision 02 of EMBRAER Alert Service
Bulletin 145LEG–55–A010 and Revision
03 of EMBRAER Alert Service Bulletin
145–55–A036 were issued to include
more details for accomplishing the
repetitive inspections.
EMBRAER also has issued Alert
Service Bulletin 145LEG–55–0011,
Revision 01, dated January 23, 2007 (for
Model EMB–135BJ airplanes); and 145–
55–0038, Revision 01, dated January 23,
2007 (for Model EMB–135ER, –135KE,
–135KL, –135LR, –145, –145ER,
–145MR, –145LR, –145XR, –145MP, and
–145EP airplanes). The service bulletins
describe procedures for replacing the
locking tab washers on the control rods
of the rudder II with new improved
ones, and installing springs on the hinge
assemblies of the rudder II.
Accomplishment of these actions
eliminates the need for the repetitive
inspections specified in the service
bulletins described previously.
Accomplishing the actions specified
in the service information is intended to
adequately address the unsafe
condition. The ANAC mandated the
service information and issued Brazilian
airworthiness directive 2005–09–02R2,
effective May 10, 2007, to ensure the
continued airworthiness of these
airplanes in Brazil.
EMBRAER Alert Service Bulletin
145LEG–55–A010, Revision 02, dated
May 16, 2006, refers to EMBRAER
Service Bulletins 145LEG–55–0008,
Revision 02, dated May 26, 2006; and
145LEG–55–0009, Revision 01, dated
November 23, 2005; as additional
sources of service information for
installing washers in the rudder II hinge
fittings and control rod assembly.
EMBRAER Alert Service Bulletin
145–55–A036, Revision 03, dated May
16, 2006, refers to EMBRAER Service
Bulletins 145–55–0034, Revision 02,
dated May 25, 2006; and 145–55–0035,
Revision 02, dated March 28, 2006; as
additional sources of service
information for installing washers in the
rudder II hinge fittings and control rod
assembly.
FAA’s Determination and Requirements
of the Proposed AD
These airplanes are manufactured in
Brazil and are type certificated for
operation in the United States under the
provisions of section 21.29 of the
Federal Aviation Regulations (14 CFR
21.29) and the applicable bilateral
airworthiness agreement. Pursuant to
this bilateral airworthiness agreement,
the ANAC has kept the FAA informed
of the situation described above. We
have examined the ANAC’s findings,
evaluated all pertinent information, and
determined that AD action is necessary
for airplanes of this type design that are
certificated for operation in the United
States. This proposed AD would
supersede AD 2005–25–04 and would
retain the requirements of the existing
AD. This proposed AD would also
require accomplishing the actions
specified in the service bulletins
described previously.
Costs of Compliance
The following table provides the
estimated costs for U.S. operators to
comply with this proposed AD.
ESTIMATED COSTS
Work hours
Action
Average labor
rate per hour
1
$80
Records review (required by AD 2005–25–04)
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15:26 Dec 14, 2007
Jkt 214001
PO 00000
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Fmt 4702
Parts
None ....................
Sfmt 4702
E:\FR\FM\17DEP1.SGM
Cost per
airplane
$80
17DEP1
Number of
U.S.registered
airplanes
463
Fleet cost
$37,040
71283
Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Proposed Rules
ESTIMATED COSTS—Continued
Work hours
Action
Average labor
rate per hour
5
80
Terminating action (new proposed action) ........
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
ebenthall on PROD1PC69 with PROPOSALS
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.
VerDate Aug<31>2005
15:26 Dec 14, 2007
Jkt 214001
644 .......................
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by removing amendment 39–14397 (70
FR 72902, December 8, 2005) and
adding the following new airworthiness
directive (AD):
Empresa Brasileira de Aeronautica S.A.
(EMBRAER): Docket No. FAA–2007–
0338; Directorate Identifier 2007–NM–
139–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by January 16, 2008.
Affected ADs
(b) This AD supersedes AD 2005–25–04.
Applicability
(c) This AD applies to all EMBRAER Model
EMB–135BJ, –135ER, –135KE, –135KL,
–135LR, –145, –145ER, –145MR, –145LR,
–145XR, –145MP, and –145EP airplanes;
certificated in any category.
Unsafe Condition
(d) This AD results from reports of rudder
vibration due to wear. We are issuing this AD
to prevent failure of multiple hinge fittings,
which could result in severe vibration, and
to prevent failure of the rudder control rods,
which could result in jamming of the rudder
II; and possible structural failure and 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.
Requirements of AD 2005–25–04
Records Review
(f) Within 5 days after December 23, 2005
(the effective date of AD 2005–25–04):
Review the airplane maintenance records to
determine whether any vibration from the
tail section or rudder pedals was reported
within 120 flight hours or 100 flight cycles
before December 23, 2005.
PO 00000
Frm 00013
Fmt 4702
Cost per
airplane
Parts
Sfmt 4702
1,044
Number of
U.S.registered
airplanes
463
Fleet cost
483,372
Inspection
(g) At the applicable time specified in
paragraph (g)(1) or (g)(2) of this AD: Do a
detailed inspection of the skin, attachment
fittings, and control rods of rudder II to
detect cracks, loose parts, wear, or damage.
Inspect in accordance with the
Accomplishment Instructions of EMBRAER
Alert Service Bulletin 145LEG–55–A010,
dated August 26, 2005 (for Model EMB–
135BJ airplanes); or 145–55–A036, Revision
01, dated September 5, 2005 (for all other
airplanes); except as provided by paragraph
(l) of this AD. Do all related investigative/
corrective actions before further flight by
doing all applicable actions specified in the
service bulletin; except as required by
paragraphs (i) and (l) of this AD. Repeat the
inspection at intervals not to exceed 2,500
flight hours, except as required by paragraph
(h) of this AD.
(1) If any vibration was reported during the
time period specified in paragraph (f) of this
AD, inspect within 2 days after the records
review.
(2) If no vibration was reported during the
time period specified in paragraph (f) of this
AD, except as required by paragraph (h) of
this AD, inspect before the later of:
(i) 2,500 total accumulated flight hours.
(ii) 600 flight hours or 500 flight cycles,
whichever occurs first, after December 23,
2005.
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 a mirror, magnifying
lenses, etc., may be necessary. Surface
cleaning and elaborate procedures may be
required.’’
(h) If any vibration from the tail section or
rudder pedals is reported after December 23,
2005, do the inspection specified in
paragraph (g) of this AD before the next
flight. Repeat the inspection thereafter at
intervals not to exceed 2,500 flight hours.
Note 2: EMBRAER Alert Service Bulletin
145LEG–55–A010, dated August 26, 2005,
and 145–55–A036, Revision 01, dated
September 5, 2005; refer to EMBRAER
Service Bulletins 145LEG–55–0008, Revision
01, dated January 14, 2005, 145LEG–55–
0009, dated June 21, 2004, and 145–55–0034,
Revision 01, dated January 14, 2005, as
additional sources of service information for
installing washers in the rudder II hinge
fittings and control rod assembly.
Exceptions to Service Bulletin Specifications
(i) Where EMBRAER Alert Service
Bulletins 145LEG–55–A010 and 145–55–
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71284
Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Proposed Rules
A036 specify to contact EMBRAER for repair
instructions, operators must perform the
repair before further flight 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).
(j) Although EMBRAER Alert Service
Bulletins 145LEG–55–A010 and 145–55–
A036 recommend sending a report of the
inspection results to the manufacturer, this
AD does not require a report.
Credit for Prior Accomplishment of Earlier
Service Bulletin
(k) For Model –135ER, –135KE, –135KL,
–135LR, –145, –145ER, –145MR, –145LR,
–145XR, –145MP, and –145EP airplanes:
Accomplishment of the inspection and
applicable related investigative/corrective
actions before December 23, 2005, in
accordance with EMBRAER Alert Service
Bulletin 145–55–A036, dated August 20,
2005, is acceptable for compliance with the
corresponding requirements of this AD.
New Requirements of This AD
New Revision to Service Bulletins
(l) As of the effective date of this AD, use
only the Accomplishment Instructions of
EMBRAER Alert Service Bulletin 145LEG–
55–A010, Revision 02, dated May 16, 2006
(for Model EMB–135BJ airplanes); or 145–
55–A036, Revision 03, dated May 16, 2006
(for all other airplanes); as applicable; to do
the actions required by paragraphs (g) and (h)
of this AD, until the actions required by
paragraph (m) of this AD are done.
Note 3: EMBRAER Alert Service Bulletin
145LEG–55–A010, Revision 02, dated May
16, 2006 (for Model EMB–135BJ airplanes)
refers to EMBRAER Service Bulletins
145LEG–55–0008, Revision 02, dated May
26, 2006; and 145LEG–55–0009, Revision 01,
dated November 23, 2005; as additional
sources of service information for installing
washers in the rudder II hinge fittings and
control rod assembly.
ebenthall on PROD1PC69 with PROPOSALS
Note 4: EMBRAER Alert Service Bulletin
145–55–A036, Revision 03, dated May 16,
2006 (for EMB–135ER, –135KE, –135KL,
–135LR, –145, –145ER, –145MR, –145LR,
–145XR, –145MP, and –145EP airplanes),
refers to EMBRAER Service Bulletins 145–
55–0034, Revision 02, dated May 25, 2006;
and 145–55–0035, Revision 02, dated March
28, 2006; as additional sources of service
information for installing washers in the
rudder II hinge fittings and control rod
assembly.
Terminating Action
(m) Within 5,500 flight hours or 36 months
after the effective date of this AD, whichever
occurs first, replace the locking tab washers
on the control rods of the rudder II and
install springs on the hinge assemblies of the
rudder II, in accordance with the
Accomplishment Instructions of EMBRAER
Alert Service Bulletin 145LEG–55–0011,
Revision 01, dated January 23, 2007 (for
Model EMB–135BJ airplanes); or 145–55–
0038, Revision 01, dated January 23, 2007
(for all other airplanes); as applicable.
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15:26 Dec 14, 2007
Jkt 214001
Accomplishment of the replacement and
installation constitutes terminating action for
the requirements of this AD.
Credit for Prior Accomplishment of Earlier
Service Bulletins
(n) Actions done before the effective date
of this AD in accordance with the
Accomplishment Instructions of EMBRAER
Alert Service Bulletin 145LEG–55–0011,
dated May 12, 2006 (for Model EMB–135BJ
airplanes); or 145–55–0038, dated May 12,
2006 (for all other airplanes); as applicable;
are acceptable for compliance with the
requirements of paragraph (m) of this AD.
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) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
(3) AMOCs approved previously in
accordance with AD 2005–25–04 are
approved as AMOCs for the corresponding
provisions of this AD.
Related Information
(p) Brazilian airworthiness directive 2005–
09–02R2, effective May 10, 2007, also
addresses the subject of this AD.
Issued in Renton, Washington, on
December 10, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–24330 Filed 12–14–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
During planned maintenance visit on two
aircraft, corrosion was found on the upper
surface of the wing lower skin panel No1,
inside the Right Hand (RH) inboard dry bay.
It was discovered that [certain] access
panels * * * had been omitted from the
access requirements of the associated AMM
(airplane maintenance manual) task (AMM
05–25–40) until the August 2001 revision.
The result is that some * * * inspections
may have not been fully accomplished due
to non-removal of [certain] panels * * *.
If the area has not been inspected with the
correct access, and if AIRBUS Service
Bulletin (SB) A320–57–1121 has not been
performed, then some aircraft could remain
insufficiently inspected until the next
scheduled inspection. This may result in a
high risk of corrosion findings greater than
level 1.
Corrosion findings greater than level 1
in the wing could result in reduced
structural integrity of the airplane. The
proposed AD would require actions that
are intended to address the unsafe
condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by January 16, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
14 CFR Part 39
Examining the AD Docket
[Docket No. FAA–2007–0337; Directorate
Identifier 2007–NM–111–AD]
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone (800) 647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Tim
Dulin, Aerospace Engineer,
International Branch, ANM–116, FAA,
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A319, A320, and A321 Series Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
PO 00000
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]]>Agencies
[Federal Register Volume 72, Number 241 (Monday, December 17, 2007)]
[Proposed Rules]
[Pages 71281-71284]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24330]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0338; Directorate Identifier 2007-NM-139-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to all EMBRAER Model EMB-135BJ, -135ER, -
135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes. The existing AD currently requires reviewing the
airplane maintenance records for recent reports of vibration from the
tail section or rudder pedals. The existing AD also currently requires
repetitively inspecting the skin, attachment fittings, and control rods
of rudder II to detect cracking, loose parts, wear, or damage; and
related investigative/corrective actions if necessary. This proposed AD
would require the existing repetitive inspection to be done with new
service information. This proposed AD also would require replacing the
locking tab washers on the control rods of the rudder II and installing
springs on the hinge assemblies of the rudder II, which would terminate
the repetitive inspection requirements. This proposed AD results from
reports of rudder vibration due to wear. We are proposing this AD to
prevent failure of the rudder control rods, which could result in
jamming of the rudder II, and possible structural failure and reduced
controllability of the airplane.
DATES: We must receive comments on this proposed AD by January 16,
2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this AD, contact Empresa
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao
Jose dos Campos--SP, Brazil.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through
[[Page 71282]]
Friday, except Federal holidays. The AD docket contains this proposed
AD, the regulatory evaluation, any comments received, and other
information. The street address for the Docket Office (telephone 800-
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-0338;
Directorate Identifier 2007-NM-139-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to https://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On November 2, 2005, we issued AD 2005-25-04, amendment 39-14397
(70 FR 72902, December 8, 2005), for all EMBRAER Model EMB-135BJ, -
135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes. That AD requires reviewing the airplane
maintenance records for recent reports of vibration from the tail
section or rudder pedals. That AD also requires repetitively inspecting
the skin, attachment fittings, and control rods of rudder II to detect
cracking, loose parts, wear, or damage; and related investigative/
corrective actions if necessary. That AD resulted from reports of
rudder vibration due to wear. We issued that AD to prevent failure of
multiple hinge fittings, which could result in severe vibration, and to
prevent failure of the rudder control rods, which could result in
jamming of the rudder II; and possible structural failure and reduced
controllability of the airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2005-25-04, the Ag[ebreve]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC), which is the airworthiness
authority for Brazil, issued Brazilian airworthiness directive 2005-09-
02R2, effective May 10, 2007, to include updated procedures for the
existing repetitive inspections and a terminating action for the
repetitive inspections.
Relevant Service Information
EMBRAER has issued Alert Service Bulletin 145LEG-55-A010, Revision
02, dated May 16, 2006 (for Model EMB-135BJ airplanes); and 145-55-
A036, Revision 03, dated May 16, 2006 (for Model EMB-135ER, -135KE, -
135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP
airplanes). (AD 2005-25-04 refers to EMBRAER Alert Service Bulletin
145LEG-55-A010, dated August 26, 2005; and 145-55-A036, Revision 01,
dated September 5, 2005; as the appropriate sources of service
information for accomplishing the required repetitive inspections).
Revision 02 of EMBRAER Alert Service Bulletin 145LEG-55-A010 and
Revision 03 of EMBRAER Alert Service Bulletin 145-55-A036 were issued
to include more details for accomplishing the repetitive inspections.
EMBRAER also has issued Alert Service Bulletin 145LEG-55-0011,
Revision 01, dated January 23, 2007 (for Model EMB-135BJ airplanes);
and 145-55-0038, Revision 01, dated January 23, 2007 (for Model EMB-
135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes). The service bulletins describe procedures
for replacing the locking tab washers on the control rods of the rudder
II with new improved ones, and installing springs on the hinge
assemblies of the rudder II. Accomplishment of these actions eliminates
the need for the repetitive inspections specified in the service
bulletins described previously.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The ANAC mandated
the service information and issued Brazilian airworthiness directive
2005-09-02R2, effective May 10, 2007, to ensure the continued
airworthiness of these airplanes in Brazil.
EMBRAER Alert Service Bulletin 145LEG-55-A010, Revision 02, dated
May 16, 2006, refers to EMBRAER Service Bulletins 145LEG-55-0008,
Revision 02, dated May 26, 2006; and 145LEG-55-0009, Revision 01, dated
November 23, 2005; as additional sources of service information for
installing washers in the rudder II hinge fittings and control rod
assembly.
EMBRAER Alert Service Bulletin 145-55-A036, Revision 03, dated May
16, 2006, refers to EMBRAER Service Bulletins 145-55-0034, Revision 02,
dated May 25, 2006; and 145-55-0035, Revision 02, dated March 28, 2006;
as additional sources of service information for installing washers in
the rudder II hinge fittings and control rod assembly.
FAA's Determination and Requirements of the Proposed AD
These airplanes are manufactured in Brazil and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the ANAC has kept the FAA informed
of the situation described above. We have examined the ANAC's findings,
evaluated all pertinent information, and determined that AD action is
necessary for airplanes of this type design that are certificated for
operation in the United States. This proposed AD would supersede AD
2005-25-04 and would retain the requirements of the existing AD. This
proposed AD would also require accomplishing the actions specified in
the service bulletins described previously.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of
Average labor Cost per U.S.-
Action Work hours rate per hour Parts airplane registered Fleet cost
airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Records review (required by AD 2005-25-04)...... 1 $80 None.............................. $80 463 $37,040
[[Page 71283]]
Terminating action (new proposed action)........ 5 80 644............................... 1,044 463 483,372
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-14397 (70 FR 72902, December 8, 2005) and adding
the following new airworthiness directive (AD):
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2007-0338; Directorate Identifier 2007-NM-139-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by January
16, 2008.
Affected ADs
(b) This AD supersedes AD 2005-25-04.
Applicability
(c) This AD applies to all EMBRAER Model EMB-135BJ, -135ER, -
135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes; certificated in any category.
Unsafe Condition
(d) This AD results from reports of rudder vibration due to
wear. We are issuing this AD to prevent failure of multiple hinge
fittings, which could result in severe vibration, and to prevent
failure of the rudder control rods, which could result in jamming of
the rudder II; and possible structural failure and 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.
Requirements of AD 2005-25-04
Records Review
(f) Within 5 days after December 23, 2005 (the effective date of
AD 2005-25-04): Review the airplane maintenance records to determine
whether any vibration from the tail section or rudder pedals was
reported within 120 flight hours or 100 flight cycles before
December 23, 2005.
Inspection
(g) At the applicable time specified in paragraph (g)(1) or
(g)(2) of this AD: Do a detailed inspection of the skin, attachment
fittings, and control rods of rudder II to detect cracks, loose
parts, wear, or damage. Inspect in accordance with the
Accomplishment Instructions of EMBRAER Alert Service Bulletin
145LEG-55-A010, dated August 26, 2005 (for Model EMB-135BJ
airplanes); or 145-55-A036, Revision 01, dated September 5, 2005
(for all other airplanes); except as provided by paragraph (l) of
this AD. Do all related investigative/corrective actions before
further flight by doing all applicable actions specified in the
service bulletin; except as required by paragraphs (i) and (l) of
this AD. Repeat the inspection at intervals not to exceed 2,500
flight hours, except as required by paragraph (h) of this AD.
(1) If any vibration was reported during the time period
specified in paragraph (f) of this AD, inspect within 2 days after
the records review.
(2) If no vibration was reported during the time period
specified in paragraph (f) of this AD, except as required by
paragraph (h) of this AD, inspect before the later of:
(i) 2,500 total accumulated flight hours.
(ii) 600 flight hours or 500 flight cycles, whichever occurs
first, after December 23, 2005.
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
a mirror, magnifying lenses, etc., may be necessary. Surface
cleaning and elaborate procedures may be required.''
(h) If any vibration from the tail section or rudder pedals is
reported after December 23, 2005, do the inspection specified in
paragraph (g) of this AD before the next flight. Repeat the
inspection thereafter at intervals not to exceed 2,500 flight hours.
Note 2: EMBRAER Alert Service Bulletin 145LEG-55-A010, dated
August 26, 2005, and 145-55-A036, Revision 01, dated September 5,
2005; refer to EMBRAER Service Bulletins 145LEG-55-0008, Revision
01, dated January 14, 2005, 145LEG-55-0009, dated June 21, 2004, and
145-55-0034, Revision 01, dated January 14, 2005, as additional
sources of service information for installing washers in the rudder
II hinge fittings and control rod assembly.
Exceptions to Service Bulletin Specifications
(i) Where EMBRAER Alert Service Bulletins 145LEG-55-A010 and
145-55-
[[Page 71284]]
A036 specify to contact EMBRAER for repair instructions, operators
must perform the repair before further flight 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).
(j) Although EMBRAER Alert Service Bulletins 145LEG-55-A010 and
145-55-A036 recommend sending a report of the inspection results to
the manufacturer, this AD does not require a report.
Credit for Prior Accomplishment of Earlier Service Bulletin
(k) For Model -135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes: Accomplishment
of the inspection and applicable related investigative/corrective
actions before December 23, 2005, in accordance with EMBRAER Alert
Service Bulletin 145-55-A036, dated August 20, 2005, is acceptable
for compliance with the corresponding requirements of this AD.
New Requirements of This AD
New Revision to Service Bulletins
(l) As of the effective date of this AD, use only the
Accomplishment Instructions of EMBRAER Alert Service Bulletin
145LEG-55-A010, Revision 02, dated May 16, 2006 (for Model EMB-135BJ
airplanes); or 145-55-A036, Revision 03, dated May 16, 2006 (for all
other airplanes); as applicable; to do the actions required by
paragraphs (g) and (h) of this AD, until the actions required by
paragraph (m) of this AD are done.
Note 3: EMBRAER Alert Service Bulletin 145LEG-55-A010, Revision
02, dated May 16, 2006 (for Model EMB-135BJ airplanes) refers to
EMBRAER Service Bulletins 145LEG-55-0008, Revision 02, dated May 26,
2006; and 145LEG-55-0009, Revision 01, dated November 23, 2005; as
additional sources of service information for installing washers in
the rudder II hinge fittings and control rod assembly.
Note 4: EMBRAER Alert Service Bulletin 145-55-A036, Revision 03,
dated May 16, 2006 (for EMB-135ER, -135KE, -135KL, -135LR, -145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes), refers
to EMBRAER Service Bulletins 145-55-0034, Revision 02, dated May 25,
2006; and 145-55-0035, Revision 02, dated March 28, 2006; as
additional sources of service information for installing washers in
the rudder II hinge fittings and control rod assembly.
Terminating Action
(m) Within 5,500 flight hours or 36 months after the effective
date of this AD, whichever occurs first, replace the locking tab
washers on the control rods of the rudder II and install springs on
the hinge assemblies of the rudder II, in accordance with the
Accomplishment Instructions of EMBRAER Alert Service Bulletin
145LEG-55-0011, Revision 01, dated January 23, 2007 (for Model EMB-
135BJ airplanes); or 145-55-0038, Revision 01, dated January 23,
2007 (for all other airplanes); as applicable. Accomplishment of the
replacement and installation constitutes terminating action for the
requirements of this AD.
Credit for Prior Accomplishment of Earlier Service Bulletins
(n) Actions done before the effective date of this AD in
accordance with the Accomplishment Instructions of EMBRAER Alert
Service Bulletin 145LEG-55-0011, dated May 12, 2006 (for Model EMB-
135BJ airplanes); or 145-55-0038, dated May 12, 2006 (for all other
airplanes); as applicable; are acceptable for compliance with the
requirements of paragraph (m) of this AD.
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) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(3) AMOCs approved previously in accordance with AD 2005-25-04
are approved as AMOCs for the corresponding provisions of this AD.
Related Information
(p) Brazilian airworthiness directive 2005-09-02R2, effective
May 10, 2007, also addresses the subject of this AD.
Issued in Renton, Washington, on December 10, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-24330 Filed 12-14-07; 8:45 am]
BILLING CODE 4910-13-P
