Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 Airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes, 25962-25967 [E8-9890]
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Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
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 an economic evaluation
of the estimated costs to comply with
this AD. See the AD docket to examine
the economic evaluation.
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority
delegated to me by the Administrator,
the Federal Aviation Administration
amends part 39 of the Federal Aviation
Regulations (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. Section 39.13 is amended by adding
a new airworthiness directive to read as
follows:
pwalker on PROD1PC71 with RULES
I
2008–10–04 Sikorsky Aircraft Corporation:
Amendment 39–15510. Docket No.
FAA–2007–0284; Directorate Identifier
2004–SW–06–AD.
Applicability
Model S–61A, S–61D, S–61E, and S–61V
helicopters with GE CT 58 series engines
installed, certificated in any category.
VerDate Aug<31>2005
16:31 May 07, 2008
Jkt 214001
Compliance
Required within 60 days, unless
accomplished previously.
To detect an impending Number 5 engine
bearing (bearing) failure, which if undetected
and not addressed by appropriate crew action
may result in an oil leak, severed shaft
housing, an uncontained in-flight fire, and a
subsequent emergency landing, do the
following:
(a) Remove engine chip detector, part
number (P/N) 2005T33P01, and install
engine chip detector, P/N 3049T42P01 or
3018T72P01, in the engine power turbine
accessory drive assembly of each engine.
Install the chip detector by following the
Accomplishment Instructions, paragraph
3.B., of General Electric Aircraft Engines
CT58 Service Bulletin Number 72–0195,
dated May 1, 2003.
Note: This AD neither requires installing
GE CT58 engines nor replacing an engine
power turbine accessory drive assembly that
has a 5/16 inch magnetic plug port and
applies only to Sikorsky Model S–61A, S–
61D, S–61E, and S–61V helicopters with GE
CT58 series engines installed.
(b) Install an on-board engine chip detector
annunciation system by following the
Accomplishment Instructions, paragraphs
3.B. or 3.C., as appropriate for the different
manufacturers of the master warning caution
panel, of the Sikorsky Aircraft Corporation
Alert Service Bulletin No. 61B30–15A,
Revision A, dated October 20, 2003 (Sikorsky
ASB).
(c) After doing paragraph (b) of this AD,
before further flight, perform a functional test
of the engine chip detector system. Repeat
the test at intervals not to exceed 150 hours
time-in-service. Conduct the tests following
the Accomplishment Instructions, paragraph
3.D., of the Sikorsky ASB.
(d) Insert the emergency procedures
contained in the Accomplishment
Instructions, paragraph 3.F., of the Sikorsky
ASB for an on-board engine chip detector
warning indicator light into the Emergency
Procedures section of the applicable
Rotorcraft Flight Manual.
(e) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Contact the Manager, Boston Aircraft
Certification Office, Engine and Propeller
Directorate, FAA, ATTN: Kirk Gustafson,
Aviation Safety Engineer, 12 New England
Executive Park, Burlington, MA 01803,
telephone (781) 238–7190, fax (781) 238–
7170, for information about previously
approved alternative methods of compliance.
(f) Installing an engine chip detector shall
be done by following the specified portions
of General Electric Aircraft Engines CT58
Service Bulletin Number 72–0195, dated May
1, 2003. Installing an on-board engine chip
detector annunciation system and performing
a functional test of the engine chip detector
system shall be done by following the
specified portions of Sikorsky Aircraft
Corporation Alert Service Bulletin No.
61B30–15A, Revision A, dated October 20,
2003. The Director of the Federal Register
approved this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
part 51. Copies may be obtained from
Sikorsky Aircraft Corporation, Attn: Manager,
Commercial Technical Support, mailstop
s581a, 6900 Main Street, Stratford,
Connecticut, phone (203) 383–4866, e-mail
address tsslibrary@sikorsky.com. Copies may
be inspected at the FAA, Office of the
Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth,
Texas, 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/
code_of_federal_regulations/
ibr_locations.html.
(g) This amendment becomes effective on
June 12, 2008.
Issued in Fort Worth, Texas, on April 23,
2008.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. E8–9787 Filed 5–7–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0516; Directorate
Identifier 2008–NM–026–AD; Amendment
39–15514; AD 2008–10–08]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135
Airplanes; and Model EMB–145,
–145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD)
that applies to certain EMBRAER Model
EMB–135 airplanes; and Model EMB–
145, –145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP airplanes. The
existing AD currently requires
performing repetitive inspections for
cracks, ruptures, or bends in certain
components of the elevator control
system; replacing discrepant
components; and, for certain airplanes,
installing a new spring cartridge and
implementing new logic for the
electromechanical gust lock system. The
existing AD also requires eventual
modification of the elevator gust lock
system to replace the mechanical system
with an electromechanical system,
which terminates the repetitive
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Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
inspections. This AD reduces the
compliance time for doing the
modification. This AD results from
additional reports of failure of the
mechanical gust lock system to protect
the elevator control surfaces and
components from high wind gusts. We
are issuing this AD to prevent
discrepancies in the elevator control
system, which could result in reduced
control of the elevator and consequent
reduced controllability of the airplane.
DATES: This AD becomes effective May
23, 2008.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of May 23, 2008.
On February 3, 2006 (70 FR 77303,
December 30, 2005), the Director of the
Federal Register approved the
incorporation by reference of certain
other publications listed in this AD.
We must receive any comments on
this AD by June 9, 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.
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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 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:
Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
VerDate Aug<31>2005
16:31 May 07, 2008
Jkt 214001
Washington 98057–3356; telephone
(425) 227–1405; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
On December 13, 2005, we issued AD
2005–26–15, amendment 39–14436 (70
FR 77303, December 30, 2005), for
certain EMBRAER Model EMB–135
airplanes; and Model EMB–145,
–145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP airplanes. That
AD requires performing repetitive
inspections for cracks, ruptures, or
bends in certain components of the
elevator control system; replacing
discrepant components; and, for certain
airplanes, installing a new spring
cartridge and implementing new logic
for the electromechanical gust lock
system. That AD also requires eventual
modification of the elevator gust lock
system to replace the mechanical system
with an electromechanical system,
which terminates the repetitive
inspections. That AD resulted from
reports that cracks were found in certain
components of the elevator control
system in the horizontal stabilizer area
of several airplanes equipped with a
mechanical gust lock system. Those
cracks were attributed to damage from
strong wind gusts on the ground. We
issued that AD to prevent discrepancies
in the elevator control system, which
could result in reduced control of the
elevator and consequent reduced
controllability of the airplane.
Actions Since AD 2005–26–15 Was
Issued
After we issued AD 2005–26–15, we
received a report indicating that a
Model EMB–145 airplane did not rotate
in response to the command from the
yoke during take-off, which resulted in
a rejected take-off. The airplane was one
of a small percentage of remaining
airplanes in the U.S. fleet for which the
mechanical elevator gust lock system
had yet to be modified to an
electromechanical elevator gust lock
system, as required by AD 2005–26–15.
The compliance time specified in AD
2005–26–15 for accomplishment of the
modification time is within 10,000 flight
hours or 60 months after February 3,
2006 (the effective date of that AD),
whichever is first.
In light of the report described
previously, we determined that the
repetitive inspections in AD 2005–26–
15 were inadequate to ensure long-term
continued operational safety.
Consequently, on January 18, 2008, we
issued AD 2008–03–03, amendment 39–
15352 (73 FR 5426, January 30, 2008),
for certain EMBRAER Model EMB–135
airplanes; and Model EMB–145,
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25963
–145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP airplanes. That
AD requires additional (interim)
inspections to detect discrepancies of
the components of the elevator control
system, repetitive movements of the
control column to observe the normal
response of the elevators, repetitive
inspections to detect discrepancies of
the skin of the elevators, and applicable
related investigative actions and
corrective actions. AD 2008–03–03 also
provides for an optional terminating
action for the inspections and
measurements; that optional terminating
action is the same terminating action
that is required by AD 2005–26–15.
In addition, AD 2008–03–03 requires
that operators submit reports of any
findings of damage or discrepancies
found during any inspection required by
the AD. As we explained in the
preamble to AD 2008–03–03, we were
considering superseding AD 2005–26–
15 to reduce the compliance time for
that modification based on the results of
those inspections.
Since we issued AD 2008–03–03, we
have received additional reports of inservice failures of the mechanical gust
lock system to protect the control
surfaces and components of the elevator
control system from high wind gusts
and jet blasts. Rapid uncommanded
movement of the elevator control
surface induces inertia loads in the
elevator control system, which may
result in systematic damage that could
ultimately cause failure of the elevator
control system and consequent reduced
control of the airplane.
FAA’s Conclusion
Based on these additional reports, and
in light of the severity of the identified
unsafe condition, we have determined
that in order to further reduce the risk
of potential damage of the elevator
control system components, the
terminating modification required by
AD 2005–26–15 must be done sooner
than the compliance time specified in
that AD. Accomplishment of the
modification, as required by paragraph
(h)(1) or (h)(2) of this AD, terminates the
requirements of AD 2008–03–03, as well
as the requirements of paragraph (f) of
this AD.
Relevant Service Information
EMBRAER has issued Service Bulletin
145–27–0075, Revision 09, dated
November 8, 2006; and Service Bulletin
145–27–0086, Revision 05, dated
November 8, 2006. The procedures in
these service bulletins are essentially
the same as those in EMBRAER Service
Bulletin 145–27–0075, Revision 06,
dated July 16, 2002; and EMBRAER
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Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
Service Bulletin 145–27–0086, Change
01, dated July 3, 2002; which we
referred to in the proposed rules to AD
2005–26–15 as the appropriate sources
of service information for doing the
required modification. Accomplishing
the actions specified in the service
information is intended to adequately
address the unsafe condition.
Differences Between the AD and the
Service Information
Operators should note that this AD
does not mandate installing new
electrical grounding for the gust lock
system actuator at the horizontal
stabilizer structure, as provided in the
new revisions of the service bulletins
described previously.
Explanation of Brazilian Airworthiness
Directive
The Departmento de Aviacao Civil
(DAC), which is the former
airworthiness authority for Brazil,
mandated EMBRAER Service Bulletin
145–27–0075, Revision 06, and
EMBRAER Service Bulletin 145–27–
0086, Change 01, and further revisions
approved by the DAC, by issuing
Brazilian airworthiness directive 2002–
01–01R3, effective November 8, 2002.
The DAC issued that airworthiness
directive to ensure the continued
airworthiness of these airplanes in
Brazil. We referred to Brazilian
airworthiness directive 2002–01–01R3,
effective November 8, 2002, in AD
2005–26–15 as a related source of
information.
Since we issued AD 2005–26–15, the
ˆ
Agencia Nacional de Aviacao Civil
¸˜
(ANAC) has assumed responsibility for
the airplane models subject to this AD.
While it has not issued a new
airworthiness directive related to this
issue, we have coordinated the
requirements of this AD with ANAC.
U.S. Type Certification of the Airplane
These airplane models are
manufactured in Brazil and are typecertificated 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.
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Change to Existing AD
This AD retains the requirements of
AD 2005–26–15. Since AD 2005–26–15
was issued, the AD format has been
revised, and certain paragraphs have
been rearranged. As a result, the
corresponding paragraph identifiers
have changed in this AD, as listed in the
following table:
VerDate Aug<31>2005
16:31 May 07, 2008
Jkt 214001
REVISED PARAGRAPH IDENTIFIERS
Requirement in AD 2005–
26–15
Paragraph
Paragraph
Paragraph
Paragraph
(a)
(b)
(c)
(d)
......................
......................
......................
......................
Corresponding
requirement in
this AD
Paragraph
Paragraph
Paragraph
Paragraph
(f).
(g).
(h).
(i).
Paragraph (c)(2)(i) of AD 2005–26–15
(paragraph (h)(2)(i) of this AD) specifies
making repairs using a method
approved by either the FAA or the DAC
(or its delegated agent). As we
previously explained, the ANAC has
assumed responsibility for the airplane
model[s] subject to this AD. Therefore,
we have revised paragraph (h)(2)(i) of
this AD to specify making repairs using
a method approved by the FAA, the
DAC (or its delegated agent), or the
ANAC (or its delegated agent).
FAA’s Justification and Determination
of the Effective Date
Based on the service reports since the
release of AD 2005–26–15, we have
determined that a shorter compliance
time for the terminating action is
necessary to address the unsafe
condition and to ensure long-term
continued operational safety in this case
to detect any discrepancy before it
represents a hazard to the airplane.
Because of our requirement to promote
safe flight of civil aircraft, and thus the
critical need to ensure the proper
functioning of the elevator control
system and the short compliance time
involved with this action, this AD must
be issued immediately.
Because an unsafe condition exists
that requires the immediate adoption of
this AD, we find that notice and
opportunity for prior public comment
hereon are impracticable and that good
cause exists for making this amendment
effective in less that 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not provide you with notice and
an opportunity to provide your
comments before it becomes effective.
However, we invite you to send any
written data, views, or arguments about
this AD. Send your comments to an
address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2008–0516; Directorate Identifier 2008–
NM–026–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this AD. We will consider all
comments received by the closing date
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
and may amend this 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 AD.
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 the 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 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.
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Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends part 39 of the Federal
Aviation Regulations (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 39–14436 (70
FR 77303, December 30, 2005) and
adding the following new AD:
I
2008–10–08 Empresa Brasileira de
Aeronautica S.A. (EMBRAER): Docket
No. FAA–2008–0516; Directorate
Identifier 2008–NM–026–AD;
Amendment 39–15514.
Replacement of Discrepant Parts
(g) If any discrepant part is found during
any inspection required by paragraph (f) of
this AD, before further flight, replace the
discrepant part with a new part, in
accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin
145–27–0087, Change 03, dated September
27, 2002.
Effective Date
(a) This AD becomes effective May 23,
2008.
Affected ADs
(b) This AD supersedes AD 2005–26–15.
Applicability
(c) This AD applies to EMBRAER Model
EMB–135BJ, –135ER, –135KE, –135KL, and
–135LR airplanes; and Model EMB–145,
–145ER, –145MR, –145LR, –145XR, –145MP,
and –145EP airplanes, certificated in any
category; serial numbers 145001 through
145189 inclusive, 145191 through 145362
inclusive, 145364 through 145373 inclusive,
145375, 145377 through 145411 inclusive,
145413 through 145424 inclusive, 145426
through 145430 inclusive, 145434 through
145436 inclusive, 145440 through 145445
inclusive, 145448, 145450, and 145801;
equipped with a mechanical gust lock
system.
Unsafe Condition
(d) This AD results from additional reports
of failure of the mechanical gust lock system
to protect the elevator control surfaces and
components from high wind gusts. We are
issuing this AD to prevent discrepancies in
the elevator control system, which could
result in reduced control of the elevator and
consequent reduced controllability of the
airplane.
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Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Restatement of the Requirements of AD
2005–26–15 With Certain Revised
Compliance Times/Requirements
Repetitive Inspections
(f) Within 800 flight hours after February
3, 2006 (the effective date of AD 2005–26–
VerDate Aug<31>2005
16:31 May 07, 2008
Jkt 214001
15), do a detailed inspection of the elevator
control system for any crack, rupture, or bend
in any component, in accordance with the
Accomplishment Instructions of EMBRAER
Service Bulletin 145–27–0087, Change 03,
dated September 27, 2002. Where this service
bulletin specifies to return discrepant parts
and report inspection results to the
manufacturer, this AD does not require these
actions. Repeat the inspection thereafter at
intervals not to exceed 2,500 flight hours or
15 months, whichever is first.
Note 1: For the purposes of this AD, a
detailed inspection is defined as: ‘‘An
intensive visual examination of a specific
structural area, system, installation, or
assembly to detect damage, failure, or
irregularity. Available lighting is normally
supplemented with a direct source of good
lighting at intensity deemed appropriate by
the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface
cleaning and elaborate access procedures
may be required.’’
Modification
(h) At the applicable time specified in
paragraph (j) of this AD: Modify the elevator
gust lock by accomplishing paragraph (h)(1)
or (h)(2) of this AD, as applicable.
Accomplishment of the modification
terminates the repetitive inspections required
by paragraph (f) of this AD. Doing the actions
required by paragraph (h)(1) or (h)(2) of this
AD, as applicable, also terminates the
requirements of AD 2008–03–03, amendment
39–15352. This AD does not mandate
installing new electrical grounding for the
gust lock system actuator at the horizontal
stabilizer structure in accordance with
EMBRAER Service Bulletin 145–27–0075,
Revision 09, dated November 8, 2006; or
EMBRAER Service Bulletin 145–27–0086,
Revision 05, dated November 8, 2006.
(1) For airplanes listed in EMBRAER
Service Bulletin 145–27–0075, Revision 08,
dated March 3, 2005: Do paragraph (h)(1)(i)
or (h)(1)(ii) of this AD, as applicable, and
install a new spring cartridge and implement
new logic for the electromechanical gust lock
system by doing all actions in section 3.D.
(Part IV) of the Accomplishment Instructions
of EMBRAER Service Bulletin 145–27–0075,
Revision 08, dated March 3, 2005; or
Revision 09, dated November 8, 2006. After
the effective date of this AD, Revision 09 of
the service bulletin must be used. After
accomplishing the actions in EMBRAER
Service Bulletin 145–27–0101, as specified in
the Accomplishment Instructions of
EMBRAER Service Bulletin 145–27–0075,
Revision 08 or Revision 09; the airplane
flight manual (AFM) revision required by AD
2002–26–51, amendment 39–13008, may be
removed from the Limitations section of the
EMBRAER EMB–145 AFM. Accomplishing
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25965
the actions specified in the Accomplishment
Instructions of EMBRAER Service Bulletin
145–27–0102, as specified by EMBRAER
Service Bulletin 145–27–0075, Revision 08 or
Revision 09, terminates the repetitive
inspections required by AD 2005–24–11,
amendment 39–14391.
(i) Replace the mechanical gust lock system
with an electromechanical gust lock system,
and replace the control stand with a
reworked control stand, by doing all the
actions (including a detailed inspection to
ensure that certain parts have been removed
previously per EMBRAER Service Bulletin
145–27–0076) in and per section 3.A. (Part I)
or 3.B. (Part II), as applicable, of the
Accomplishment Instructions of EMBRAER
Service Bulletin 145–27–0075, Revision 08 or
Revision 09. If the inspection reveals that
certain subject parts have not been removed
previously, before further flight, remove the
subject parts in accordance with EMBRAER
Service Bulletin 145–27–0075, Revision 08 or
Revision 09. Where Parts I and II of the
Accomplishment Instructions of EMBRAER
Service Bulletin 145–27–0075, Revision 08 or
Revision 09, specify to remove and ‘‘send the
control stand to be reworked in a workshop,’’
replace the control stand with a control stand
reworked as specified in EMBRAER Service
Bulletin 145–27–0075, Revision 08 or
Revision 09. After the effective date of this
AD, Revision 09 of the service bulletin must
be used for the actions required by this
paragraph.
(ii) Replace the return spring and spring
terminal of the gust lock control lever with
improved parts by doing all the actions in
and per section 3.C. (Part III) of the
Accomplishment Instructions of EMBRAER
Service Bulletin 145–27–0075, Revision 08 or
Revision 09. After the effective date of this
AD, Revision 09 of the service bulletin must
be used.
Note 2: Part IV of the Accomplishment
Instructions of EMBRAER Service Bulletins
145–27–0075, Revision 08 and Revision 09,
refers to EMBRAER Service Bulletin 145–27–
0101, Revision 02, dated December 27, 2004;
and EMBRAER Service Bulletin 145–27–
0102, Revision 02, dated January 20, 2005; as
additional sources of instructions for
accomplishing the installation of a new
spring cartridge and implementation of the
new logic for the electromechanical gust lock
system.
(2) For airplanes listed in EMBRAER
Service Bulletin 145–27–0086, Change 04,
dated March 21, 2005: Do paragraphs
(h)(2)(i), (h)(2)(ii), (h)(2)(iii), and (h)(2)(iv) of
this AD, as applicable.
(i) Rework the tail carbon box and the
horizontal stabilizer by doing all the actions
(including the inspection for delamination)
in and per section 3.A. (Part I) of the
Accomplishment Instructions of EMBRAER
Service Bulletin 145–27–0086, Change 04; or
Revision 05, dated November 8, 2006. After
the effective date of this AD, Revision 05 of
the service bulletin must be used. If any
delamination is found that is outside the
limits specified in EMBRAER Service
Bulletin 145–27–0086, Change 04 or Revision
05, before further flight, repair per a method
approved by either the Manager,
International Branch, ANM–116, Transport
E:\FR\FM\08MYR1.SGM
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25966
Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
Airplane Directorate, FAA; the Departmento
de Aviacao Civil (or its delegated agent); or
ˆ
the Agencia Nacional de Aviacao Civil (or its
¸˜
delegated agent).
(ii) Install wiring and electrical
components by doing all the actions in and
per section 3.B. (Part II) of the
Accomplishment Instructions of EMBRAER
Service Bulletin 145–27–0086, Change 04 or
Revision 05. After the effective date of this
AD, Revision 05 of the service bulletin must
be used.
(iii) Install and activate the
electromechanical gust lock system by doing
all the actions in section 3.D. (Part IV) of the
Accomplishment Instructions of EMBRAER
Service Bulletin 145–27–0086, Change 04 or
Revision 05. Where Part IV of the
Accomplishment Instructions of EMBRAER
Service Bulletin 145–27–0086, Change 04 or
Revision 05, specifies to remove and ‘‘send
the control stand to be reworked in a
workshop,’’ replace the control stand with a
control stand reworked as specified in Part III
of the service bulletin. After the effective date
of this AD, Revision 05 of the service bulletin
must be used.
(iv) Install a new spring cartridge and
implement new logic for the
electromechanical gust lock system by doing
all applicable actions in section 3.E. (Part V)
of the Accomplishment Instructions of
EMBRAER Service Bulletin 145–27–0086,
Change 04 or Revision 05. After the effective
date of this AD, Revision 05 of the service
bulletin must be used. After accomplishing
the actions in EMBRAER Service Bulletin
145–27–0101; as specified in the
Accomplishment Instructions of EMBRAER
Service Bulletin 145–27–0086, Change 04 or
Revision 05; the AFM revision required by
AD 2002–26–51, amendment 39–13008, may
be removed from the Limitations section of
the EMBRAER EMB–145 AFM.
Accomplishing the actions in EMBRAER
Service Bulletin 145–27–0102; as specified in
the Accomplishment Instructions of
EMBRAER Service Bulletin 145–27–0086,
Change 04 or Revision 05; terminates the
repetitive inspections required by AD 2005–
24–11, amendment 39–14391.
Note 3: Part V of the Accomplishment
Instructions of EMBRAER Service Bulletin
145–27–0086, Change 04 and Revision 05,
refers to EMBRAER Service Bulletin 145–27–
0101, Revision 02, dated December 27, 2004;
and EMBRAER Service Bulletin 145–27–
0102, Revision 02, dated January 20, 2005; as
additional sources of instructions for
accomplishing the installation of a new
spring cartridge and implementation of the
new logic for the electromechanical gust lock
system.
Actions Accomplished Previously
(i) Actions accomplished before February
3, 2006, are acceptable for compliance with
the corresponding requirements of this AD,
as specified in paragraphs (i)(1), (i)(2), and
(i)(3) of this AD.
(1) Modification of the elevator gust lock
system before February 3, 2006, in
accordance with EMBRAER Service Bulletin
145–27–0075, Change 06, dated July 16,
2002, is acceptable for compliance with
paragraph (h)(1) of this AD, provided that,
within the compliance time specified in
paragraph (h) of this AD, a new spring
cartridge is installed and new logic for the
electromechanical gust lock system is
implemented in accordance with Part IV of
EMBRAER Service Bulletin 145–27–0075,
Revision 07, dated March 2, 2004, or
Revision 08, dated March 3, 2005.
(2) Modification of the elevator gust lock
system before February 3, 2006, in
accordance with EMBRAER Service Bulletin
145–27–0075, Revision 07, dated March 2,
2004, is acceptable for compliance with
paragraph (h)(1) of this AD.
(3) Modification of the elevator gust lock
system before February 3, 2006, in
accordance with EMBRAER Service Bulletin
145–27–0086, Change 02, dated December
23, 2003; or EMBRAER Service Bulletin 145–
27–0086, Change 03, dated April 14, 2004; is
acceptable for compliance with paragraph
(h)(2) of this AD.
Reduced Compliance Time for Required
Modification
(j) For airplanes on which the modification
of the elevator gust lock system specified in
paragraph (h) of this AD has not been done
as of the effective date of this AD: At the
earlier of the times specified in paragraphs
(j)(1) and (j)(2) of this AD, accomplish the
actions required by paragraph (h)(1) or (h)(2)
of this AD, as applicable.
(1) Within 10,000 flight hours after
February 3, 2006, or within 60 months after
February 3, 2006, whichever occurs first.
(2) Within 90 days after the effective date
of this AD, or 500 flight hours after the
effective date of this AD, whichever occurs
later.
Alternative Methods of Compliance
(AMOCs)
(k)(1) The Manager, International Branch,
ANM–116, 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.
Related Information
(l) None.
Material Incorporated by Reference
(m) You must use the service information
identified in Table 1 of this AD to perform
the actions that are required by this AD, as
applicable, unless the AD specifies
otherwise.
TABLE 1.—ALL MATERIAL INCORPORATED BY REFERENCE
EMBRAER Service Bulletin
145–27–0075
145–27–0075
145–27–0086
145–27–0086
145–27–0087
Revision/change level
.........................................................................
.........................................................................
.........................................................................
.........................................................................
.........................................................................
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information identified in Table 2
Date
Revision 08 ...........................................................................
Revision 09 ...........................................................................
Change 04 ............................................................................
Revision 05 ...........................................................................
Change 03 ............................................................................
March 3, 2005.
November 8, 2006.
March 21, 2005.
November 8, 2006.
September 27, 2002.
of this AD in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51.
TABLE 2.—NEW MATERIAL INCORPORATED BY REFERENCE
pwalker on PROD1PC71 with RULES
EMBRAER Service Bulletin
Revision/change level
145–27–0075 .........................................................................
145–27–0086 .........................................................................
Revision 09 ...........................................................................
Revision 05 ...........................................................................
(2) On February 3, 2006 (70 FR 77303,
December 30, 2005), the Director of the
Federal Register approved the incorporation
VerDate Aug<31>2005
16:31 May 07, 2008
Jkt 214001
Date
by reference of the service information
identified in Table 3 of this AD.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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November 8, 2006.
November 8, 2006.
Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
25967
TABLE 3.—MATERIAL PREVIOUSLY INCORPORATED BY REFERENCE
EMBRAER Service Bulletin
Revision/change level
Date
145–27–0075 .........................................................................
145–27–0086 .........................................................................
145–27–0087 .........................................................................
Revision 08 ...........................................................................
Change 04 ............................................................................
Change 03 ............................................................................
March 3, 2005.
March 21, 2005.
September 27, 2002.
(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 April 23,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–9890 Filed 5–7–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–0258; Directorate
Identifier 2007–CE–090–AD; Amendment
39–15518; AD 2008–10–12]
RIN 2120–AA64
Airworthiness Directives; Air Tractor,
Inc. AT–400, AT–500, AT–600, and AT–
800 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) to
supersede AD 2007–13–17, which
applies to certain Air Tractor, Inc. (Air
Tractor) Models AT–602, AT–802, and
AT–802A airplanes. AD 2007–13–17
currently requires you to repetitively
inspect the engine mount for any cracks,
repair or replace any cracked engine
mount, and report any cracks found to
the FAA. Since we issued AD 2007–13–
17, Air Tractor has learned of a Model
AT–502B with a crack located where the
lower engine mount tube is welded to
the engine mount ring. In addition, Air
Tractor has developed gussets that,
when installed according to their
service letter, terminate the repetitive
inspection requirement. Consequently,
this AD would retain the inspection
actions of AD 2007–13–17 for Model
pwalker on PROD1PC71 with RULES
SUMMARY:
VerDate Aug<31>2005
16:31 May 07, 2008
Jkt 214001
AT–602, AT–802, and AT–802A
airplanes, including the compliance
times and effective dates; establish new
inspection actions for the AT–400 and
AT–500 series airplanes; incorporate a
mandatory terminating action for all
airplanes; and terminate the reporting
requirement of AD 2007–13–17. We are
issuing this AD to detect and correct
cracks in the engine mount, which
could result in failure of the engine
mount. Such failure could lead to
separation of the engine from the
airplane.
DATES: This AD becomes effective on
June 12, 2008.
On June 12, 2008, the Director of the
Federal Register approved the
incorporation by reference of Snow
Engineering Co. Service Letter #253,
Rev. C, dated April 17, 2008; Snow
Engineering Co. Service Letter #253,
Rev. B, dated November 30, 2007; and
Snow Engineering Co. Service Letter
#253 Rev. A, dated October 16, 2007, as
listed in this AD.
As of August 10, 2007 (72 FR 36863,
July 6, 2007), the Director of the Federal
Register approved the incorporation by
reference of Snow Engineering Co.
Service Letter #253, revised January 22,
2007, as listed in this AD.
ADDRESSES: For service information
identified in this AD, contact Air
Tractor Inc., P.O. Box 485, Olney, Texas
76374; telephone: (940) 564–5616; fax:
(940) 564–5612.
To view the AD docket, go to U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590, or on the Internet at https://
www.regulations.gov. The docket
number is FAA–2007–0258; Directorate
Identifier 2007–CE–090–AD.
FOR FURTHER INFORMATION CONTACT:
Andy McAnaul, Aerospace Engineer,
10100 Reunion Pl., Suite 650, San
Antonio, Texas 78216; telephone: (210)
308–3365; fax: (210) 308–3370.
SUPPLEMENTARY INFORMATION:
Discussion
On November 23, 2007, we issued a
proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to
include an AD that would apply to all
Air Tractor AT–400, AT–500, AT–600,
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
and AT–800 series airplanes. This
proposal was published in the Federal
Register as a notice of proposed
rulemaking (NPRM) on November 30,
2007 (72 FR 67687). The NPRM
proposed to supersede AD 2007–13–17
with a new AD that would retain the
inspection actions of AD 2007–13–17
for Models AT–602, AT–802, and AT–
802A airplanes, including the
compliance times and effective dates;
establish new inspection actions for the
AT–400 and AT–500 series airplanes;
incorporate a mandatory terminating
action for all airplanes; and terminate
the reporting requirement of AD 2007–
13–17. That proposed AD would have
required you to use Snow Engineering
Co. Service Letter #253 Rev. A, dated
October 16, 2007.
Air Tractor revised the Snow
Engineering Co. Service Letter #253 to
the Rev. B level (dated November 30,
2007), and:
• The FAA determined the actions in
the revised service letter were necessary
and needed to be incorporated into the
proposed AD; and
• Because incorporating the revision
increased the burden upon the public
over that proposed in the NPRM, the
FAA issued a supplemental NPRM to
give the public an additional
opportunity to comment.
The supplemental NPRM was
published in the Federal Register on
December 14, 2007 (72 FR 71086).
Comments
The following presents the comment
received on the proposal and FAA’s
response to that comment:
Comment Issue: Delay the Terminating
Action
Mr. Leland Snow, President of Air
Tractor, and five other commenters
recommend some kind of delay in
mandating the terminating action in the
proposed AD. Mr. Snow and one other
commenter believe that the compliance
time to install welded gussets on the
engine mounts can be adjusted from
before the airplane reaches 5,000 total
hours time-in-service (TIS) to before the
airplane reaches 8,000 hours total TIS.
In order to get through the current spray
season, three commenters believe the
compliance time should be delayed 12
months or when the engine is removed.
E:\FR\FM\08MYR1.SGM
08MYR1
]]>Agencies
[Federal Register Volume 73, Number 90 (Thursday, May 8, 2008)]
[Rules and Regulations]
[Pages 25962-25967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9890]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0516; Directorate Identifier 2008-NM-026-AD;
Amendment 39-15514; AD 2008-10-08]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 Airplanes; and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) that applies to certain EMBRAER Model EMB-135 airplanes; and Model
EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes.
The existing AD currently requires performing repetitive inspections
for cracks, ruptures, or bends in certain components of the elevator
control system; replacing discrepant components; and, for certain
airplanes, installing a new spring cartridge and implementing new logic
for the electromechanical gust lock system. The existing AD also
requires eventual modification of the elevator gust lock system to
replace the mechanical system with an electromechanical system, which
terminates the repetitive
[[Page 25963]]
inspections. This AD reduces the compliance time for doing the
modification. This AD results from additional reports of failure of the
mechanical gust lock system to protect the elevator control surfaces
and components from high wind gusts. We are issuing this AD to prevent
discrepancies in the elevator control system, which could result in
reduced control of the elevator and consequent reduced controllability
of the airplane.
DATES: This AD becomes effective May 23, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 23, 2008.
On February 3, 2006 (70 FR 77303, December 30, 2005), the Director
of the Federal Register approved the incorporation by reference of
certain other publications listed in this AD.
We must receive any comments on this AD by June 9, 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 Friday, except Federal
holidays. The AD docket contains this 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: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
On December 13, 2005, we issued AD 2005-26-15, amendment 39-14436
(70 FR 77303, December 30, 2005), for certain EMBRAER Model EMB-135
airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes. That AD requires performing repetitive
inspections for cracks, ruptures, or bends in certain components of the
elevator control system; replacing discrepant components; and, for
certain airplanes, installing a new spring cartridge and implementing
new logic for the electromechanical gust lock system. That AD also
requires eventual modification of the elevator gust lock system to
replace the mechanical system with an electromechanical system, which
terminates the repetitive inspections. That AD resulted from reports
that cracks were found in certain components of the elevator control
system in the horizontal stabilizer area of several airplanes equipped
with a mechanical gust lock system. Those cracks were attributed to
damage from strong wind gusts on the ground. We issued that AD to
prevent discrepancies in the elevator control system, which could
result in reduced control of the elevator and consequent reduced
controllability of the airplane.
Actions Since AD 2005-26-15 Was Issued
After we issued AD 2005-26-15, we received a report indicating that
a Model EMB-145 airplane did not rotate in response to the command from
the yoke during take-off, which resulted in a rejected take-off. The
airplane was one of a small percentage of remaining airplanes in the
U.S. fleet for which the mechanical elevator gust lock system had yet
to be modified to an electromechanical elevator gust lock system, as
required by AD 2005-26-15. The compliance time specified in AD 2005-26-
15 for accomplishment of the modification time is within 10,000 flight
hours or 60 months after February 3, 2006 (the effective date of that
AD), whichever is first.
In light of the report described previously, we determined that the
repetitive inspections in AD 2005-26-15 were inadequate to ensure long-
term continued operational safety. Consequently, on January 18, 2008,
we issued AD 2008-03-03, amendment 39-15352 (73 FR 5426, January 30,
2008), for certain EMBRAER Model EMB-135 airplanes; and Model EMB-145,
-145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. That AD
requires additional (interim) inspections to detect discrepancies of
the components of the elevator control system, repetitive movements of
the control column to observe the normal response of the elevators,
repetitive inspections to detect discrepancies of the skin of the
elevators, and applicable related investigative actions and corrective
actions. AD 2008-03-03 also provides for an optional terminating action
for the inspections and measurements; that optional terminating action
is the same terminating action that is required by AD 2005-26-15.
In addition, AD 2008-03-03 requires that operators submit reports
of any findings of damage or discrepancies found during any inspection
required by the AD. As we explained in the preamble to AD 2008-03-03,
we were considering superseding AD 2005-26-15 to reduce the compliance
time for that modification based on the results of those inspections.
Since we issued AD 2008-03-03, we have received additional reports
of in-service failures of the mechanical gust lock system to protect
the control surfaces and components of the elevator control system from
high wind gusts and jet blasts. Rapid uncommanded movement of the
elevator control surface induces inertia loads in the elevator control
system, which may result in systematic damage that could ultimately
cause failure of the elevator control system and consequent reduced
control of the airplane.
FAA's Conclusion
Based on these additional reports, and in light of the severity of
the identified unsafe condition, we have determined that in order to
further reduce the risk of potential damage of the elevator control
system components, the terminating modification required by AD 2005-26-
15 must be done sooner than the compliance time specified in that AD.
Accomplishment of the modification, as required by paragraph (h)(1) or
(h)(2) of this AD, terminates the requirements of AD 2008-03-03, as
well as the requirements of paragraph (f) of this AD.
Relevant Service Information
EMBRAER has issued Service Bulletin 145-27-0075, Revision 09, dated
November 8, 2006; and Service Bulletin 145-27-0086, Revision 05, dated
November 8, 2006. The procedures in these service bulletins are
essentially the same as those in EMBRAER Service Bulletin 145-27-0075,
Revision 06, dated July 16, 2002; and EMBRAER
[[Page 25964]]
Service Bulletin 145-27-0086, Change 01, dated July 3, 2002; which we
referred to in the proposed rules to AD 2005-26-15 as the appropriate
sources of service information for doing the required modification.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition.
Differences Between the AD and the Service Information
Operators should note that this AD does not mandate installing new
electrical grounding for the gust lock system actuator at the
horizontal stabilizer structure, as provided in the new revisions of
the service bulletins described previously.
Explanation of Brazilian Airworthiness Directive
The Departmento de Aviacao Civil (DAC), which is the former
airworthiness authority for Brazil, mandated EMBRAER Service Bulletin
145-27-0075, Revision 06, and EMBRAER Service Bulletin 145-27-0086,
Change 01, and further revisions approved by the DAC, by issuing
Brazilian airworthiness directive 2002-01-01R3, effective November 8,
2002. The DAC issued that airworthiness directive to ensure the
continued airworthiness of these airplanes in Brazil. We referred to
Brazilian airworthiness directive 2002-01-01R3, effective November 8,
2002, in AD 2005-26-15 as a related source of information.
Since we issued AD 2005-26-15, the Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) has assumed responsibility for the
airplane models subject to this AD. While it has not issued a new
airworthiness directive related to this issue, we have coordinated the
requirements of this AD with ANAC.
U.S. Type Certification of the Airplane
These airplane models are manufactured in Brazil and are type-
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement.
Change to Existing AD
This AD retains the requirements of AD 2005-26-15. Since AD 2005-
26-15 was issued, the AD format has been revised, and certain
paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this AD, as listed in the
following table:
Revised Paragraph Identifiers
------------------------------------------------------------------------
Corresponding requirement in
Requirement in AD 2005-26-15 this AD
------------------------------------------------------------------------
Paragraph (a)........................... Paragraph (f).
Paragraph (b)........................... Paragraph (g).
Paragraph (c)........................... Paragraph (h).
Paragraph (d)........................... Paragraph (i).
------------------------------------------------------------------------
Paragraph (c)(2)(i) of AD 2005-26-15 (paragraph (h)(2)(i) of this
AD) specifies making repairs using a method approved by either the FAA
or the DAC (or its delegated agent). As we previously explained, the
ANAC has assumed responsibility for the airplane model[s] subject to
this AD. Therefore, we have revised paragraph (h)(2)(i) of this AD to
specify making repairs using a method approved by the FAA, the DAC (or
its delegated agent), or the ANAC (or its delegated agent).
FAA's Justification and Determination of the Effective Date
Based on the service reports since the release of AD 2005-26-15, we
have determined that a shorter compliance time for the terminating
action is necessary to address the unsafe condition and to ensure long-
term continued operational safety in this case to detect any
discrepancy before it represents a hazard to the airplane. Because of
our requirement to promote safe flight of civil aircraft, and thus the
critical need to ensure the proper functioning of the elevator control
system and the short compliance time involved with this action, this AD
must be issued immediately.
Because an unsafe condition exists that requires the immediate
adoption of this AD, we find that notice and opportunity for prior
public comment hereon are impracticable and that good cause exists for
making this amendment effective in less that 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2008-0516; Directorate Identifier 2008-NM-026-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this 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 AD.
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 the 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 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.
[[Page 25965]]
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends part 39 of the Federal Aviation Regulations (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 39-14436 (70 FR 77303, December 30, 2005) and adding
the following new AD:
2008-10-08 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket
No. FAA-2008-0516; Directorate Identifier 2008-NM-026-AD; Amendment
39-15514.
Effective Date
(a) This AD becomes effective May 23, 2008.
Affected ADs
(b) This AD supersedes AD 2005-26-15.
Applicability
(c) This AD applies to EMBRAER Model EMB-135BJ, -135ER, -135KE,
-135KL, and -135LR airplanes; and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes, certificated in any
category; serial numbers 145001 through 145189 inclusive, 145191
through 145362 inclusive, 145364 through 145373 inclusive, 145375,
145377 through 145411 inclusive, 145413 through 145424 inclusive,
145426 through 145430 inclusive, 145434 through 145436 inclusive,
145440 through 145445 inclusive, 145448, 145450, and 145801;
equipped with a mechanical gust lock system.
Unsafe Condition
(d) This AD results from additional reports of failure of the
mechanical gust lock system to protect the elevator control surfaces
and components from high wind gusts. We are issuing this AD to
prevent discrepancies in the elevator control system, which could
result in reduced control of the elevator and consequent reduced
controllability of the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Restatement of the Requirements of AD 2005-26-15 With Certain Revised
Compliance Times/Requirements
Repetitive Inspections
(f) Within 800 flight hours after February 3, 2006 (the
effective date of AD 2005-26-15), do a detailed inspection of the
elevator control system for any crack, rupture, or bend in any
component, in accordance with the Accomplishment Instructions of
EMBRAER Service Bulletin 145-27-0087, Change 03, dated September 27,
2002. Where this service bulletin specifies to return discrepant
parts and report inspection results to the manufacturer, this AD
does not require these actions. Repeat the inspection thereafter at
intervals not to exceed 2,500 flight hours or 15 months, whichever
is first.
Note 1: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''
Replacement of Discrepant Parts
(g) If any discrepant part is found during any inspection
required by paragraph (f) of this AD, before further flight, replace
the discrepant part with a new part, in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0087,
Change 03, dated September 27, 2002.
Modification
(h) At the applicable time specified in paragraph (j) of this
AD: Modify the elevator gust lock by accomplishing paragraph (h)(1)
or (h)(2) of this AD, as applicable. Accomplishment of the
modification terminates the repetitive inspections required by
paragraph (f) of this AD. Doing the actions required by paragraph
(h)(1) or (h)(2) of this AD, as applicable, also terminates the
requirements of AD 2008-03-03, amendment 39-15352. This AD does not
mandate installing new electrical grounding for the gust lock system
actuator at the horizontal stabilizer structure in accordance with
EMBRAER Service Bulletin 145-27-0075, Revision 09, dated November 8,
2006; or EMBRAER Service Bulletin 145-27-0086, Revision 05, dated
November 8, 2006.
(1) For airplanes listed in EMBRAER Service Bulletin 145-27-
0075, Revision 08, dated March 3, 2005: Do paragraph (h)(1)(i) or
(h)(1)(ii) of this AD, as applicable, and install a new spring
cartridge and implement new logic for the electromechanical gust
lock system by doing all actions in section 3.D. (Part IV) of the
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0075,
Revision 08, dated March 3, 2005; or Revision 09, dated November 8,
2006. After the effective date of this AD, Revision 09 of the
service bulletin must be used. After accomplishing the actions in
EMBRAER Service Bulletin 145-27-0101, as specified in the
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0075,
Revision 08 or Revision 09; the airplane flight manual (AFM)
revision required by AD 2002-26-51, amendment 39-13008, may be
removed from the Limitations section of the EMBRAER EMB-145 AFM.
Accomplishing the actions specified in the Accomplishment
Instructions of EMBRAER Service Bulletin 145-27-0102, as specified
by EMBRAER Service Bulletin 145-27-0075, Revision 08 or Revision 09,
terminates the repetitive inspections required by AD 2005-24-11,
amendment 39-14391.
(i) Replace the mechanical gust lock system with an
electromechanical gust lock system, and replace the control stand
with a reworked control stand, by doing all the actions (including a
detailed inspection to ensure that certain parts have been removed
previously per EMBRAER Service Bulletin 145-27-0076) in and per
section 3.A. (Part I) or 3.B. (Part II), as applicable, of the
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0075,
Revision 08 or Revision 09. If the inspection reveals that certain
subject parts have not been removed previously, before further
flight, remove the subject parts in accordance with EMBRAER Service
Bulletin 145-27-0075, Revision 08 or Revision 09. Where Parts I and
II of the Accomplishment Instructions of EMBRAER Service Bulletin
145-27-0075, Revision 08 or Revision 09, specify to remove and
``send the control stand to be reworked in a workshop,'' replace the
control stand with a control stand reworked as specified in EMBRAER
Service Bulletin 145-27-0075, Revision 08 or Revision 09. After the
effective date of this AD, Revision 09 of the service bulletin must
be used for the actions required by this paragraph.
(ii) Replace the return spring and spring terminal of the gust
lock control lever with improved parts by doing all the actions in
and per section 3.C. (Part III) of the Accomplishment Instructions
of EMBRAER Service Bulletin 145-27-0075, Revision 08 or Revision 09.
After the effective date of this AD, Revision 09 of the service
bulletin must be used.
Note 2: Part IV of the Accomplishment Instructions of EMBRAER
Service Bulletins 145-27-0075, Revision 08 and Revision 09, refers
to EMBRAER Service Bulletin 145-27-0101, Revision 02, dated December
27, 2004; and EMBRAER Service Bulletin 145-27-0102, Revision 02,
dated January 20, 2005; as additional sources of instructions for
accomplishing the installation of a new spring cartridge and
implementation of the new logic for the electromechanical gust lock
system.
(2) For airplanes listed in EMBRAER Service Bulletin 145-27-
0086, Change 04, dated March 21, 2005: Do paragraphs (h)(2)(i),
(h)(2)(ii), (h)(2)(iii), and (h)(2)(iv) of this AD, as applicable.
(i) Rework the tail carbon box and the horizontal stabilizer by
doing all the actions (including the inspection for delamination) in
and per section 3.A. (Part I) of the Accomplishment Instructions of
EMBRAER Service Bulletin 145-27-0086, Change 04; or Revision 05,
dated November 8, 2006. After the effective date of this AD,
Revision 05 of the service bulletin must be used. If any
delamination is found that is outside the limits specified in
EMBRAER Service Bulletin 145-27-0086, Change 04 or Revision 05,
before further flight, repair per a method approved by either the
Manager, International Branch, ANM-116, Transport
[[Page 25966]]
Airplane Directorate, FAA; the Departmento de Aviacao Civil (or its
delegated agent); or the Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (or its delegated agent).
(ii) Install wiring and electrical components by doing all the
actions in and per section 3.B. (Part II) of the Accomplishment
Instructions of EMBRAER Service Bulletin 145-27-0086, Change 04 or
Revision 05. After the effective date of this AD, Revision 05 of the
service bulletin must be used.
(iii) Install and activate the electromechanical gust lock
system by doing all the actions in section 3.D. (Part IV) of the
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0086,
Change 04 or Revision 05. Where Part IV of the Accomplishment
Instructions of EMBRAER Service Bulletin 145-27-0086, Change 04 or
Revision 05, specifies to remove and ``send the control stand to be
reworked in a workshop,'' replace the control stand with a control
stand reworked as specified in Part III of the service bulletin.
After the effective date of this AD, Revision 05 of the service
bulletin must be used.
(iv) Install a new spring cartridge and implement new logic for
the electromechanical gust lock system by doing all applicable
actions in section 3.E. (Part V) of the Accomplishment Instructions
of EMBRAER Service Bulletin 145-27-0086, Change 04 or Revision 05.
After the effective date of this AD, Revision 05 of the service
bulletin must be used. After accomplishing the actions in EMBRAER
Service Bulletin 145-27-0101; as specified in the Accomplishment
Instructions of EMBRAER Service Bulletin 145-27-0086, Change 04 or
Revision 05; the AFM revision required by AD 2002-26-51, amendment
39-13008, may be removed from the Limitations section of the EMBRAER
EMB-145 AFM. Accomplishing the actions in EMBRAER Service Bulletin
145-27-0102; as specified in the Accomplishment Instructions of
EMBRAER Service Bulletin 145-27-0086, Change 04 or Revision 05;
terminates the repetitive inspections required by AD 2005-24-11,
amendment 39-14391.
Note 3: Part V of the Accomplishment Instructions of EMBRAER
Service Bulletin 145-27-0086, Change 04 and Revision 05, refers to
EMBRAER Service Bulletin 145-27-0101, Revision 02, dated December
27, 2004; and EMBRAER Service Bulletin 145-27-0102, Revision 02,
dated January 20, 2005; as additional sources of instructions for
accomplishing the installation of a new spring cartridge and
implementation of the new logic for the electromechanical gust lock
system.
Actions Accomplished Previously
(i) Actions accomplished before February 3, 2006, are acceptable
for compliance with the corresponding requirements of this AD, as
specified in paragraphs (i)(1), (i)(2), and (i)(3) of this AD.
(1) Modification of the elevator gust lock system before
February 3, 2006, in accordance with EMBRAER Service Bulletin 145-
27-0075, Change 06, dated July 16, 2002, is acceptable for
compliance with paragraph (h)(1) of this AD, provided that, within
the compliance time specified in paragraph (h) of this AD, a new
spring cartridge is installed and new logic for the
electromechanical gust lock system is implemented in accordance with
Part IV of EMBRAER Service Bulletin 145-27-0075, Revision 07, dated
March 2, 2004, or Revision 08, dated March 3, 2005.
(2) Modification of the elevator gust lock system before
February 3, 2006, in accordance with EMBRAER Service Bulletin 145-
27-0075, Revision 07, dated March 2, 2004, is acceptable for
compliance with paragraph (h)(1) of this AD.
(3) Modification of the elevator gust lock system before
February 3, 2006, in accordance with EMBRAER Service Bulletin 145-
27-0086, Change 02, dated December 23, 2003; or EMBRAER Service
Bulletin 145-27-0086, Change 03, dated April 14, 2004; is acceptable
for compliance with paragraph (h)(2) of this AD.
Reduced Compliance Time for Required Modification
(j) For airplanes on which the modification of the elevator gust
lock system specified in paragraph (h) of this AD has not been done
as of the effective date of this AD: At the earlier of the times
specified in paragraphs (j)(1) and (j)(2) of this AD, accomplish the
actions required by paragraph (h)(1) or (h)(2) of this AD, as
applicable.
(1) Within 10,000 flight hours after February 3, 2006, or within
60 months after February 3, 2006, whichever occurs first.
(2) Within 90 days after the effective date of this AD, or 500
flight hours after the effective date of this AD, whichever occurs
later.
Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, International Branch, ANM-116, 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.
Related Information
(l) None.
Material Incorporated by Reference
(m) You must use the service information identified in Table 1
of this AD to perform the actions that are required by this AD, as
applicable, unless the AD specifies otherwise.
Table 1.--All Material Incorporated by Reference
------------------------------------------------------------------------
Revision/change
EMBRAER Service Bulletin level Date
------------------------------------------------------------------------
145-27-0075................. Revision 08.... March 3, 2005.
145-27-0075................. Revision 09.... November 8, 2006.
145-27-0086................. Change 04...... March 21, 2005.
145-27-0086................. Revision 05.... November 8, 2006.
145-27-0087................. Change 03...... September 27, 2002.
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Revision/change
EMBRAER Service Bulletin level Date
------------------------------------------------------------------------
145-27-0075................. Revision 09.... November 8, 2006.
145-27-0086................. Revision 05.... November 8, 2006.
------------------------------------------------------------------------
(2) On February 3, 2006 (70 FR 77303, December 30, 2005), the
Director of the Federal Register approved the incorporation by
reference of the service information identified in Table 3 of this
AD.
[[Page 25967]]
Table 3.--Material Previously Incorporated by Reference
------------------------------------------------------------------------
Revision/change
EMBRAER Service Bulletin level Date
------------------------------------------------------------------------
145-27-0075................. Revision 08.... March 3, 2005.
145-27-0086................. Change 04...... March 21, 2005.
145-27-0087................. Change 03...... September 27, 2002.
------------------------------------------------------------------------
(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 April 23, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-9890 Filed 5-7-08; 8:45 am]
BILLING CODE 4910-13-P
