[Federal Register: December 3, 2003 (Volume 68, Number 232)]
[Proposed Rules]
[Page 67613-67616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03de03-13]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-178-AD]
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: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the supersedure of an existing
airworthiness directive (AD), which is applicable to all Model EMB-135
and -145 series airplanes. That AD currently requires repetitive
inspections to detect discrepancies of both vertical-to-horizontal
stabilizer bonding jumpers
[[Page 67614]]
and the connecting support structure, and corrective action if
necessary. This action would require modification of the bonding
jumpers, including the installation of a protective cover to the
elevator control cables, which would terminate the requirements of the
existing AD. The actions specified by the proposed AD are intended to
prevent damaged or severed bonding jumpers, which, in the event of a
lightning strike, could result in severed elevator control cables and
consequent reduced elevator control capability and reduced
controllability of the airplane. This action is intended to address the
identified unsafe condition.
DATES: Comments must be received by January 2, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-178-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-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-178-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 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O.
Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil. This information
may be examined at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed 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 above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-178-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2002-NM-178-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On August 13, 2001, the FAA issued AD 2001-17-04, amendment 39-
12395 (66 FR 43678, August 21, 2001). That AD was superseded by AD
2002-08-21, amendment 12733 (67 FR 21572, May 1, 2002).
AD 2002-08-21 applies to all EMBRAER Model EMB-135 and -145 series
airplanes. That AD requires repetitive inspections to detect
discrepancies of both vertical-to-horizontal stabilizer bonding jumpers
and the connecting support structure; and corrective action, if
necessary. That action was prompted by issuance of mandatory continuing
airworthiness information by the Departmento de Aviacao Civil (DAC),
which is the airworthiness authority for Brazil. The requirements of AD
2002-08-21 are intended to prevent damaged or severed bonding jumpers,
which, in the event of a lightning strike, could result in severed
elevator control cables and consequent reduced elevator control
capability and reduced controllability of the airplane.
Actions Since Issuance of Previous Rule
The preamble to AD 2002-08-21 explains that we consider those
requirements ``interim action'' until we identify final action. We now
have determined that further rulemaking is indeed necessary; this
proposed AD follows from that determination.
Explanation of Relevant Service Information
AD 2002-08-21 cites the original issue of EMBRAER Service Bulletin
145-55-0028, dated April 10, 2002, as the appropriate source of service
information for accomplishment of the repetitive inspections of
paragraph (f) of AD 2002-08-21. Change 02 of the service bulletin,
dated February 27, 2003, includes corrections of certain in-production
effectivity and part number information, but doesn't change the
procedures. The DAC classified this service bulletin as mandatory and
issued Brazilian airworthiness directive 2001-06-03R2, dated June 24,
2002, to ensure the continued airworthiness of these airplanes in
Brazil.
FAA's Conclusions
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. Pursuant to this
bilateral airworthiness agreement, the DAC has kept us informed of the
situation described above. We have 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 Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would supersede AD 2002-08-21 to
continue to require repetitive inspections to detect discrepancies of
both vertical-to-horizontal stabilizer bonding jumpers and the
connecting support structure; and corrective action if necessary. The
proposed AD would also require
[[Page 67615]]
modification of the bonding jumpers, including the installation of a
protective cover to the elevator control cables, which would terminate
the requirements of the existing AD. The proposed AD would remove the
existing reporting requirement. The actions would be required to be
accomplished in accordance with EMBRAER Service Bulletins 145-55-0025
and 145-55-0028, described previously.
Explanation of Changes Made to Existing AD
We have changed all references to a ``detailed visual inspection''
in the existing AD to ``detailed inspection'' in this proposed AD.
We have reviewed the figures we have used over the past several
years to calculate AD costs to operators. To account for various
inflationary costs in the airline industry, we find it necessary to
increase the labor rate used in these calculations from $60 per work
hour to $65 per work hour. The cost impact information, below, reflects
this increase in the specified hourly labor rate.
Cost Impact
There are approximately 360 airplanes of U.S. registry that would
be affected by this proposed AD.
The actions that are currently required by AD 2002-08-21 take
approximately 2 work hours per airplane to accomplish, at an average
labor rate of $65 per work hour. Based on these figures, the cost
impact of the currently required actions on U.S. operators is estimated
to be $46,800, or $130 per airplane, per inspection cycle.
The terminating action proposed in this AD action would take
approximately 6 work hours per airplane, at an average labor rate of
$65 per work hour. Required parts would cost approximately $206 per
airplane. Based on these figures, the cost impact of the proposed
requirements of this AD on U.S. operators is estimated to be $214,560,
or $596 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the current or proposed
requirements of this AD action, and that no operator would accomplish
those actions in the future if this AD were not adopted. The cost
impact figures discussed in AD rulemaking actions represent only the
time necessary to perform the specific actions actually required by the
AD. These figures typically do not include incidental costs, such as
the time required to gain access and close up, planning time, or time
necessitated by other administrative actions.
Regulatory Impact
The regulations proposed herein would not have a substantial direct
effect on the States, on the relationship between the national
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting 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.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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 removing amendment 39-12733 (67 FR
21572, May 1, 2002), and by adding a new airworthiness directive (AD),
to read as follows:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 2002-NM-
178-AD. Supersedes AD 2002-08-21, Amendment 39-12733.
Applicability: All Model EMB-135 and -145 series airplanes;
certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent damaged or severed bonding jumpers, which, in the
event of a lightning strike, could result in severed elevator
control cables and consequent reduced elevator control capability
and reduced controllability of the airplane, accomplish the
following:
Restatement of Requirements of AD 2002-08-21
Inspection of the Bonding Jumpers
(a) For airplanes subject to the requirements of AD 2001-17-04,
amendment 39-12395 (which was superseded by AD 2002-08-21, amendment
12733): Except as provided by paragraph (f) of this AD, within the
next 100 flight hours after September 5, 2001 (the effective date of
AD 2001-17-04), perform a detailed inspection to determine if the
two bonding jumpers that connect the horizontal to the vertical
stabilizers are properly installed, per EMBRAER Alert Service
Bulletin 145-55-A025, dated June 5, 2001.
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.''
Follow-On Action
(b) For airplanes subject to the requirements of paragraph (a)
of this AD: If both bonding jumpers are installed properly, before
further flight, determine if the jumpers are mechanically tensioned
to a slack distance of 5 millimeters (mm) or less between the
reference line and the jumper as specified in View E of EMBRAER
Alert Service Bulletin 145-55-A025, dated June 5, 2001.
(1) If any slack distance is 5 mm or less, before further
flight, replace the bonding jumper with a new jumper having part
number (P/N) LN926416X165, per the alert service bulletin.
(2) If any slack distance is 6 mm or more, at the time specified
in paragraph (d) of this AD, accomplish those actions specified in
paragraph (d) of this AD.
Corrective Actions
(c) For airplanes subject to the requirements of paragraph (a)
of this AD: If either bonding jumper is not installed properly
(e.g., misaligned, signs of previous elongation, or damage), before
further flight, replace the bonding jumper with a new jumper having
P/N LN926416X165, per EMBRAER Alert Service Bulletin 145-55-A025,
dated June 5, 2001.
Inspection of the Connecting Supports
(d) For airplanes subject to the requirements of AD 2001-17-04:
Within the next 100 flight hours after September 5, 2001, perform a
detailed inspection to determine if the supports that connect the
bonding jumpers to the horizontal stabilizers are deformed, cracked,
or ruptured; per EMBRAER Alert Service Bulletin 145-55-A025, dated
June 5, 2001.
(1) If no deformation is detected, no further action is required
by this paragraph.
[[Page 67616]]
(2) If any connecting support having deformation of 30 degrees
or less has any sign of a painting discrepancy, before further
flight, repaint the support per the alert service bulletin. The
support must remain in the position it was found, as specified in
the alert service bulletin.
(3) If any connecting support is deformed above 30 degrees or
any signs of cracking or ruptures are detected, before further
flight, replace the connecting support with a new support per the
alert service bulletin.
(e) For airplanes subject to the requirements of AD 2001-17-04:
If the inspection required by paragraph (f) of this AD is performed
before the inspections specified in paragraphs (a) and (d) of this
AD, it is not necessary to perform the inspections specified in
paragraphs (a) and (d) of this AD.
Repetitive Inspections
(f) For all airplanes: Except as required by paragraphs (h) and
(i) of this AD, within 100 flight hours after May 16, 2002 (the
effective date of AD 2002-08-21), perform a detailed inspection as
specified in paragraphs (f)(1) and (f)(2) of this AD, per EMBRAER
Alert Service Bulletin 145-55-A028, dated April 10, 2002; or Change
02, dated February 27, 2003. If any discrepancy is found during any
inspection required by this paragraph: Before further flight,
perform applicable corrective actions (including replacing any
discrepant part with a new part and restoring the support painting)
per the alert service bulletin. Repeat the inspection at intervals
not to exceed 800 flight hours, except as provided by paragraphs (h)
and (i) of this AD.
(1) Inspect both bonding jumpers of the vertical-to-horizontal
stabilizer to detect discrepancies (including overstretching,
fraying, or other damage; and misaligned or otherwise incorrectly
installed bonding jumper terminals).
(2) Inspect the connecting support structure to detect
deformation or signs of cracks or ruptures, and, before further
flight, inspect the general conditions of the paint of any
discrepant support.
(g) Inspections done before the effective date of this AD per
EMBRAER Service Bulletin 145-55-A028, Change 01, dated June 7, 2002,
are acceptable for compliance with the requirements of paragraph (f)
of this AD.
Conditional Requirements for Immediate Inspection
(h) Notwithstanding the requirements of paragraph (f) of this
AD: Before further flight following removal of any parts identified
in paragraphs (h)(1), (h)(2), and (h)(3) of this AD, perform the
inspection specified in paragraph (f) of this AD. The task numbers
below are identified in EMBRAER Aircraft Maintenance Manuals AMM-
145/1124 and AMM-145/1230.
(1) The horizontal stabilizer (as specified in EMBRAER Airplane
Maintenance Manual (AMM) task number 55-10-00-000-801-A).
(2) The horizontal stabilizer actuator (as specified in AMM task
number 27-40-02-000-801-A).
(3) The left-hand or right-hand seal fairings (as specified in
AMM task number 55-36-00-020-002-A00).
(i) Before further flight following a lightning strike, perform
a ``Lightning Strike--Inspection Check'' and applicable corrective
actions, per AMM task number 05-50-01-06.
Note 2: Following accomplishment of an inspection per paragraph
(h) or (i) of this AD, the repetitive interval of the next
inspection may be extended to 800 flight hours after accomplishment
of the inspection required by paragraph (h) or (i) of this AD, as
applicable.
New Requirements of This AD
Terminating Action
(j) Within 800 flight hours after the effective date of this AD,
modify the bonding jumpers, including installing a protective cover
for the elevator control cables, in accordance with Part II of the
Accomplishment Instructions of EMBRAER Service Bulletin 145-55-0028,
Change 02, dated February 27, 2003. Accomplishment of this
modification terminates the requirements of this AD.
(k) A modification done before the effective date of this AD per
EMBRAER Service Bulletin 145-55-0028, Change 01, dated June 7, 2002,
is acceptable for compliance with the requirements of paragraph (j)
of this AD.
Alternative Methods of Compliance
(l) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized
to approve alternative methods of compliance for this AD.
Note 3: The subject of this AD is addressed in Brazilian
airworthiness directive 2001-06-03R2, dated June 24, 2002.
Issued in Renton, Washington, on November 26, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-30116 Filed 12-2-03; 8:45 am]
BILLING CODE 4910-13-P