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, 11531-11534 [E8-3748]
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Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations
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.
Related Information
(k) Canadian airworthiness directive CF–
2006–17R1, dated May 30, 2007, also
addresses the subject of this AD.
Material Incorporated by Reference
(l) You must use Bombardier Service
Bulletin 601R–24–122, Revision A, dated
July 13, 2006; and Bombardier Service
Bulletin 601R–24–123, Revision B, dated
February 16, 2007, to do the actions required
by this AD, unless the AD specifies
otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
Bombardier Service Bulletin 601R–24–123,
Revision B, dated February 16, 2007, in
accordance with 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) On August 9, 2006 (71 FR 45364,
August 9, 2006), the Director of the Federal
Register approved the incorporation by
reference of Bombardier Service Bulletin
601R–24–122, Revision A, dated July 13,
2006.
(3) Contact Bombardier, Inc., Canadair,
Aerospace Group, P.O. Box 6087, Station
Centre-ville, Montreal, Quebec H3C 3G9,
Canada, for a copy of this service
information. You may review copies at the
FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington; or at
the National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on February
25, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–3982 Filed 3–3–08; 8:45 am]
rwilkins on PROD1PC63 with RULES
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–0338; Directorate
Identifier 2007–NM–139–AD; Amendment
39–15396; AD 2008–05–02]
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).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD),
which applies to all EMBRAER Model
EMB–135BJ, –135ER, –135KE, –135KL,
–135LR, –145, –145ER, –145MR,
–145LR, –145XR, –145MP, and –145EP
airplanes. That 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 new AD requires the
existing repetitive inspection to be done
with new service information. This new
AD also requires 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 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.
DATES: This AD becomes effective April
8, 2008.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of April 8, 2008.
On December 23, 2005 (70 FR 72902,
December 8, 2005), the Director of the
Federal Register approved the
incorporation by reference of EMBRAER
Alert Service Bulletin 145LEG–55–
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11531
A010, dated August 26, 2005; and
EMBRAER Alert Service Bulletin 145–
55–A036, Revision 01, dated September
5, 2005.
ADDRESSES: 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
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (telephone 800–647–5527)
is the Document Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590.
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:
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that
supersedes AD 2005–25–04, amendment
39–14397 (70 FR 72902, December 8,
2005). The existing AD applies to all
EMBRAER Model EMB–135BJ, –135ER,
–135KE, –135KL, –135LR, –145,
–145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP airplanes. That
NPRM was published in the Federal
Register on December 17, 2007 (72 FR
71281). That NPRM proposed to
continue to require reviewing the
airplane maintenance records for recent
reports of vibration from the tail section
or rudder pedals. The NPRM also
proposed to continue to require
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. In addition to the existing
requirements, the NPRM proposed to
require that the existing repetitive
inspection be done with new service
information. The NPRM also proposed
to require replacing the locking tab
washers on the control rods of the
rudder II and installing springs on the
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Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations
hinge assemblies of the rudder II, which
would terminate the repetitive
inspection requirements.
have been received on the NPRM or on
the determination of the cost to the
public.
Comments
We provided the public the
opportunity to participate in the
development of this AD. No comments
Conclusion
safety and the public interest require
adopting the AD as proposed.
Costs of Compliance
The following table provides the
estimated costs for U.S. operators to
comply with this AD.
We have carefully reviewed the
available data and determined that air
ESTIMATED COSTS
Action
Work hours
Records review (required by AD 2005–25–04) ...............
Terminating action (new action) ......................................
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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.
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1
5
Average
labor rate
per hour
$80
80
None
$644
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
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 by
adding the following new airworthiness
directive (AD):
I
2008–05–02 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–15396. Docket No.
FAA–2007–0338; Directorate Identifier
2007–NM–139–AD.
Effective Date
(a) This AD becomes effective April 8,
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
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Cost per
airplane
Parts
$80
1,044
Number of
U.S.-registered
airplanes
463
463
Fleet cost
$37,040
483,372
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.
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Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations
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 Bulletins
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–
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
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
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.
Material Incorporated by Reference
(q) You must use the service information
identified in Table 1 of this AD to perform
the actions that are required by this AD,
unless the AD specifies otherwise.
TABLE 1.—ALL MATERIAL INCORPORATED BY REFERENCE
EMBRAER Service Bulletin
Revision level
Date
1
Alert Service Bulletin 145LEG–55–A010 .................................................................................................
Alert Service Bulletin 145LEG–55–A010 .................................................................................................
Alert Service Bulletin 145–55–A036 ........................................................................................................
Alert Service Bulletin 145–55–A036 ........................................................................................................
Service Bulletin 145LEG–55–0011 ..........................................................................................................
Service Bulletin 145–55–0038 .................................................................................................................
02
01
03
01
01
August 26, 2005.
May 16, 2006.
September 5, 2005.
May 16, 2006.
January 23, 2007.
January 23, 2007.
1 Original.
rwilkins on PROD1PC63 with RULES
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information identified in Table 2
of this AD in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51.
TABLE 2.—NEW MATERIAL INCORPORATED BY REFERENCE
EMBRAER Service Bulletin
Revision level
Alert Service Bulletin 145LEG–55–A010 .................................................................................................
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02
04MRR1
Date
May 16, 2006.
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Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations
TABLE 2.—NEW MATERIAL INCORPORATED BY REFERENCE—Continued
EMBRAER Service Bulletin
Revision level
Alert Service Bulletin 145–55–A036 ........................................................................................................
Service Bulletin 145LEG–55–0011 ..........................................................................................................
Service Bulletin 145–55–0038 .................................................................................................................
(2) On December 23, 2005 (70 FR 72902,
December 8, 2005), the Director of the
Federal Register approved the incorporation
by reference of EMBRAER Alert Service
Bulletin 145LEG–55–A010, dated August 26,
2005; and EMBRAER Alert Service Bulletin
145–55–A036, Revision 01, dated September
5, 2005.
(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 FAA,
Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on February
20, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–3748 Filed 3–3–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–0204; Directorate
Identifier 2007–NM–083–AD; Amendment
39–15397; AD 2008–05–03]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 747–100, –100B, –100B SUD,
–200B, –200C, –200F, –300, 747SP, and
747SR Series Airplanes Powered by
General Electric (GE) CF6–45/50 and
Pratt & Whitney (P&W) JT9D–70, JT9D–
3 or JT9D–7 Series Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
rwilkins on PROD1PC63 with RULES
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for certain
Boeing Model 747–100, –100B, –100B
SUD, –200B, –200C, –200F, –300,
747SP, and 747SR series airplanes
powered by General Electric (GE) CF6–
45/50 and Pratt & Whitney (P&W) JT9D–
70, JT9D–3, or JT9D–7 series engines.
This AD requires repetitive inspections
to find cracks and broken fasteners of
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16:18 Mar 03, 2008
Jkt 214001
the rear engine mount bulkhead of the
inboard and outboard nacelle struts, and
repair if necessary. For certain
airplanes, this AD mandates a
terminating modification for certain
inspections of the inboard and outboard
nacelle struts. This AD results from
reports of web and frame cracks and
sheared attachment fasteners on the
inboard and outboard nacelle struts. We
are issuing this AD to detect and correct
cracks and broken fasteners of the
inboard and outboard nacelle struts,
which could result in possible loss of
the rear engine mount bulkhead load
path and consequent separation of the
engine from the airplane.
DATES: This AD is effective April 8,
2008.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 8, 2008.
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207.
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
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (telephone 800–647–5527)
is the Document Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Tamara Anderson, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6421; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness
directive (AD) that would apply to
PO 00000
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Fmt 4700
Sfmt 4700
03
01
01
Date
May 16, 2006.
January 23, 2007.
January 23, 2007.
certain Boeing Model 747–100, –100B,
–100B SUD, –200B, –200C, –200F, –300,
747SP, and 747SR series airplanes
powered by General Electric (GE) CF6–
45/50 and Pratt & Whitney (P&W) JT9D–
70, JT9D–3, or JT9D–7 series engines.
That NPRM was published in the
Federal Register on November 19, 2007
(72 FR 64961). That NPRM proposed to
require repetitive inspections to find
cracks and broken fasteners of the rear
engine mount bulkhead of the inboard
and outboard nacelle struts, and repair
if necessary. For certain airplanes, that
NPRM proposed to mandate a
terminating modification for certain
inspections of the inboard and outboard
nacelle struts.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comment received.
Boeing supports the NPRM.
Conclusion
We reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting the AD
as proposed.
Costs of Compliance
There are about 460 airplanes of the
affected design in the worldwide fleet.
This AD affects about 135 airplanes of
U.S. registry.
It takes about 4 work hours per
airplane to accomplish the required
detailed inspection, at an average labor
rate of $80 per work hour. Based on
these figures, the estimated cost of the
required inspection is $43,200, or $320
per airplane, per inspection cycle.
It takes about 32 work hours per
airplane to accomplish the required
high frequency eddy current inspection,
at an average labor rate of $80 per work
hour. Based on these figures, the
estimated cost of the required high
frequency eddy current inspection is
$345,600, or $2,560 per airplane, per
inspection cycle.
For Groups 1, 2, and 5 airplanes, it
takes between approximately 10 and 95
work hours per strut (four struts per
airplane) to accomplish the required
modification, depending on airplane
configuration, at an average labor rate of
$80 per work hour. Parts cost for the
E:\FR\FM\04MRR1.SGM
04MRR1
]]>Agencies
[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Rules and Regulations]
[Pages 11531-11534]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3748]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0338; Directorate Identifier 2007-NM-139-AD;
Amendment 39-15396; AD 2008-05-02]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to all EMBRAER Model EMB-135BJ, -135ER, -135KE, -
135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP
airplanes. That 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 new AD
requires the existing repetitive inspection to be done with new service
information. This new AD also requires 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 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.
DATES: This AD becomes effective April 8, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of April 8, 2008.
On December 23, 2005 (70 FR 72902, December 8, 2005), the Director
of the Federal Register approved the incorporation by reference of
EMBRAER Alert Service Bulletin 145LEG-55-A010, dated August 26, 2005;
and EMBRAER Alert Service Bulletin 145-55-A036, Revision 01, dated
September 5, 2005.
ADDRESSES: 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 Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone 800-647-5527) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
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:
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2005-25-04, amendment
39-14397 (70 FR 72902, December 8, 2005). The existing AD applies to
all EMBRAER Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. That NPRM
was published in the Federal Register on December 17, 2007 (72 FR
71281). That NPRM proposed to continue to require reviewing the
airplane maintenance records for recent reports of vibration from the
tail section or rudder pedals. The NPRM also proposed to continue to
require 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. In
addition to the existing requirements, the NPRM proposed to require
that the existing repetitive inspection be done with new service
information. The NPRM also proposed to require replacing the locking
tab washers on the control rods of the rudder II and installing springs
on the
[[Page 11532]]
hinge assemblies of the rudder II, which would terminate the repetitive
inspection requirements.
Comments
We provided the public the opportunity to participate in the
development of this AD. No comments have been received on the NPRM or
on the determination of the cost to the public.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this AD.
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of
Average Cost per U.S.-
Action Work hours labor rate Parts airplane registered Fleet cost
per hour airplanes
----------------------------------------------------------------------------------------------------------------
Records review (required by AD 1 $80 None $80 463 $37,040
2005-25-04)......................
Terminating action (new 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 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:
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 39-14397 (70 FR 72902, December 8, 2005) and by
adding the following new airworthiness directive (AD):
2008-05-02 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15396. Docket No. FAA-2007-0338; Directorate Identifier
2007-NM-139-AD.
Effective Date
(a) This AD becomes effective April 8, 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.
[[Page 11533]]
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 Bulletins 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-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 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 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.
Material Incorporated by Reference
(q) You must use the service information identified in Table 1
of this AD to perform the actions that are required by this AD,
unless the AD specifies otherwise.
Table 1.--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
EMBRAER Service Bulletin Revision level Date
----------------------------------------------------------------------------------------------------------------
Alert Service Bulletin 145LEG-55-A010.......... \1\ August 26, 2005.
Alert Service Bulletin 145LEG-55-A010.......... 02 May 16, 2006.
Alert Service Bulletin 145-55-A036............. 01 September 5, 2005.
Alert Service Bulletin 145-55-A036............. 03 May 16, 2006.
Service Bulletin 145LEG-55-0011................ 01 January 23, 2007.
Service Bulletin 145-55-0038................... 01 January 23, 2007.
----------------------------------------------------------------------------------------------------------------
\1\ Original.
(1) The Director of the Federal Register approved the
incorporation by reference of the service information identified in
Table 2 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part
51.
Table 2.--New Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
EMBRAER Service Bulletin Revision level Date
----------------------------------------------------------------------------------------------------------------
Alert Service Bulletin 145LEG-55-A010.......... 02 May 16, 2006.
[[Page 11534]]
Alert Service Bulletin 145-55-A036............. 03 May 16, 2006.
Service Bulletin 145LEG-55-0011................ 01 January 23, 2007.
Service Bulletin 145-55-0038................... 01 January 23, 2007.
----------------------------------------------------------------------------------------------------------------
(2) On December 23, 2005 (70 FR 72902, December 8, 2005), the
Director of the Federal Register approved the incorporation by
reference of EMBRAER Alert Service Bulletin 145LEG-55-A010, dated
August 26, 2005; and EMBRAER Alert Service Bulletin 145-55-A036,
Revision 01, dated September 5, 2005.
(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 FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-
register/cfr/ibr-locations.html.
Issued in Renton, Washington, on February 20, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-3748 Filed 3-3-08; 8:45 am]
BILLING CODE 4910-13-P
