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CFR Citation: 14 CFR Part 39

Docket ID: [Docket No. FAA-2008-0516; Directorate Identifier 2008-NM-026-AD; Amendment 39-15514; AD 2008-10-08]

RIN ID: RIN 2120-AA64

NOTICE: RULES

ACTION: Airworthiness Directives:

DOCUMENT ACTION: Final rule; request for comments.

SUBJECT CATEGORY: 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

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.

DOCUMENT SUMMARY: The FAA is superseding an existing airworthiness directive (AD) that applies to certain EMBRAER Model EMB135 airplanes; and Model EMB145, 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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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.

SUMMARY: Empresa Brasileira de Aeronautica S.A. Model EMB 135 Airplanes and Model EMB 145, 145ER, 145MR, et al.,

SUPPLEMENTAL INFORMATION

On December 13, 2005, we issued AD 20052615, amendment 3914436 (70 FR 77303, December 30, 2005), for certain EMBRAER Model EMB135 airplanes; and Model EMB145, 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 20052615 Was Issued

After we issued AD 20052615, we received a report indicating that a Model EMB145 airplane did not rotate in response to the command from the yoke during takeoff, which resulted in a rejected takeoff. 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 20052615. The compliance time specified in AD 200526 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 20052615 were inadequate to ensure long term continued operational safety. Consequently, on January 18, 2008, we issued AD 20080303, amendment 3915352 (73 FR 5426, January 30, 2008), for certain EMBRAER Model EMB135 airplanes; and Model EMB145, 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 20080303 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 20052615.

In addition, AD 20080303 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 20080303, we were considering superseding AD 20052615 to reduce the compliance time for that modification based on the results of those inspections.

Since we issued AD 20080303, 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 200526 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 20080303, as well as the requirements of paragraph (f) of this AD.

Relevant Service Information

EMBRAER has issued Service Bulletin 145270075, Revision 09, dated November 8, 2006; and Service Bulletin 145270086, Revision 05, dated November 8, 2006. The procedures in these service bulletins are essentially the same as those in EMBRAER Service Bulletin 145270075, Revision 06, dated July 16, 2002; and EMBRAER
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Service Bulletin 145270086, Change 01, dated July 3, 2002; which we referred to in the proposed rules to AD 20052615 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 145270075, Revision 06, and EMBRAER Service Bulletin 145270086, Change 01, and further revisions approved by the DAC, by issuing Brazilian airworthiness directive 20020101R3, 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 20020101R3, effective November 8, 2002, in AD 20052615 as a related source of information.

Since we issued AD 20052615, 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 20052615. Since AD 2005 2615 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 20052615 this AD Paragraph (a)........................... Paragraph (f).
Paragraph (b)........................... Paragraph (g).
Paragraph (c)........................... Paragraph (h).

Paragraph (d)........................... Paragraph (i).

Paragraph (c)(2)(i) of AD 20052615 (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 20052615, 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. FAA20080516; Directorate Identifier 2008NM026AD'' 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 http:// 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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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:
PART 39AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by removing amendment 3914436 (70 FR 77303, December 30, 2005) and adding the following new AD:
20081008 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA20080516; Directorate Identifier 2008NM026AD; Amendment 3915514.
Effective Date
(a) This AD becomes effective May 23, 2008.
Affected ADs
(b) This AD supersedes AD 20052615.
Applicability
(c) This AD applies to EMBRAER Model EMB135BJ, 135ER, 135KE, 135KL, and 135LR airplanes; and Model EMB145, 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 20052615 With Certain Revised Compliance Times/Requirements
Repetitive Inspections
(f) Within 800 flight hours after February 3, 2006 (the effective date of AD 20052615), 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 145270087, 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 145270087, Change 03, dated September 27, 2002.
Modification
(h) At the applicable time specified in paragraph (j) of this

FOR FURTHER INFORMATION CONTACT Sanjay Ralhan, Aerospace Engineer, International Branch, ANM116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 980573356; telephone (425) 2271405; fax (425) 2271149.