[Federal Register: January 6, 2003 (Volume 68, Number 3)]
[Rules and Regulations]
[Page 488-490]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ja03-13]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-348-AD; Amendment 39-13008; AD 2002-26-51]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 and -145 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This document publishes in the Federal Register an amendment
adopting airworthiness directive (AD) 2002-26-51 that was sent
previously to all known U.S. owners and operators of certain EMBRAER
Model EMB-135 and -145 series airplanes by individual notices. This AD
requires revising the Limitations Section of the Airplane Flight Manual
to advise the flightcrew of the possibility of locking of the elevator
during takeoff and to provide the appropriate procedures to prevent it.
This action is prompted by a report indicating that the elevator locked
during the takeoff run on a Model EMB-145 series airplane. The actions
specified by this AD are intended to prevent locking of the elevator
during takeoff, which could result in loss of controllability of the
airplane.
DATES: Effective January 13, 2003, to all persons except those persons
to whom it was made immediately effective by emergency AD 2002-26-51,
issued December 20, 2002, which contained the requirements of this
amendment.
Comments for inclusion in the Rules Docket must be received on or
before February 5, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-348-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-iarcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-348-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 for Windows or
ASCII text.
Information pertaining to this amendment may be examined at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington.
FOR FURTHER INFORMATION CONTACT: Bob Breneman, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1263; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: On December 20, 2002, the FAA issued
emergency AD 2002-26-51, which is applicable to certain EMBRAER Model
EMB-135 and -145 series airplanes.
Background
The Departmento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, recently notified the FAA that an unsafe
condition may exist on certain EMBRAER Model EMB-135 and -145 series
airplanes. The DAC received a report indicating that the elevator
locked during the takeoff run on a Model EMB-145 series airplane. The
locking was caused by a restart of the locking sequence, which was
initiated by a rearward movement of the gust lock lever (and aggravated
by a possible ineffective plunger spring) after the elevator had been
unlocked. Locking
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of the elevator during takeoff could result in loss of controllability
of the airplane.
The DAC issued Brazilian airworthiness directive 2002-12-03, dated
December 20, 2002, in order to ensure the continued airworthiness of
these airplanes in Brazil.
FAA's Determination
In light of this information, the FAA finds that certain procedures
must be included in the AFM for Model EMB-135 and -145 series airplanes
to provide the flightcrew with appropriate procedures for preventing a
locked elevator during takeoff. The FAA has determined that such
procedures currently are not defined adequately in the AFM for these
airplanes.
FAA's Conclusions
This airplane model is manufactured in Brazil and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DAC has kept the FAA informed of
the situation described above. The FAA has examined the findings of the
DAC, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Explanation of the Requirements of the Rule
Since the unsafe condition described is likely to exist or develop
on other airplanes of the same type design registered in the United
States, the FAA issued emergency AD 2002-26-51 to prevent locking of
the elevator during takeoff, which could result in loss of
controllability of the airplane. The AD requires revising the
Limitations Section of the Airplane Flight Manual to advise the
flightcrew of the possibility of locking of the elevator during takeoff
and to provide the appropriate procedures to prevent it. This AD is
consistent with the Brazilian airworthiness directive.
Interim Action
This is considered to be interim action until final action is
identified, at which time the FAA may consider additional rulemaking.
Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual notices
issued on December 20, 2002, to all known U.S. owners and operators of
certain EMBRAER Model EMB-135 and -145 series airplanes. These
conditions still exist, and the AD is hereby published in the Federal
Register as an amendment to section 39.13 of the Federal Aviation
Regulations (14 CFR 39.13) to make it effective as to all persons.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-348-AD.'' The postcard will be date stamped
and returned to the commenter.
Regulatory Impact
The regulations adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
2002-26-51 Empresa Brasileira de Aeronautica S.A. (Embraer):
Amendment 39-13008. Docket 2002-NM-348-AD.
Applicability: Model EMB-135 and -145 series airplanes,
certificated in any category, equipped with an electromechanical
gust lock system.
Compliance: Required as indicated, unless accomplished
previously.
To prevent locking of the elevator during takeoff, which could
result in loss of controllability of the airplane, accomplish the
following:
(a) Within 24 clock hours after receipt of this AD, revise the
Limitations Section of the Airplane Flight Manual (AFM) to include
the following statement. This may be accomplished by inserting a
copy of this AD in the AFM.
``Every single time the gust lock lever is set to the unlocked
position, the elevator movement must be checked. This check must be
performed no sooner than 10 seconds after positioning the gust lock
lever to the fully forward unlocked position by moving the
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control column from the full up stop and to the full down stop and
back to the full up stop.''
Alternative Methods of Compliance
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA. Operators shall submit their
requests through an appropriate FAA Principal Operations Inspector,
who may add comments and then send it to the Manager, International
Branch, ANM-116.
Note 1: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
Special Flight Permits
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Note 2: The subject of this AD is addressed in Brazilian
airworthiness directive 2002-12-03, dated December 20, 2002.
(d) This amendment becomes effective on January 13, 2003, to all
persons except those persons to whom it was made immediately
effective by emergency AD 2002-26-51, issued December 20, 2002,
which contained the requirements of this amendment.
Issued in Renton, Washington, on December 30, 2002.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-149 Filed 1-3-03; 8:45 am]
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