[Federal Register Volume 63, Number 50 (Monday, March 16, 1998)]
[Rules and Regulations]
[Pages 12609-12611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6499]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-64-AD; Amendment 39-10397; AD 98-06-19]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-145 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to certain EMBRAER Model EMB-145 series airplanes. This
action requires draining and sealing of the ground spoiler and speed
brake actuators. This action also requires replacement of the spoiler
actuator assembly and the speed brake actuator assembly with modified
actuator assemblies. This amendment is prompted by issuance of
mandatory continuing airworthiness information by a foreign civil
airworthiness authority. The actions specified in this AD are intended
to prevent asymmetric deployment of the speed brakes during flight and
consequent reduced controllability of the airplane; or failure of the
ground spoilers to deploy during landing or rejected takeoff, which
could result in increased aircraft stopping distances.
DATES: Effective March 31, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 31, 1998.
Comments for inclusion in the Rules Docket must be received on or
before April 15, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-64-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
The service information referenced in this AD 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; or at the FAA, Small Airplane Directorate,
Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix
Boulevard, suite 450, Atlanta, Georgia; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Neil Berryman, Systems Engineer,
Systems and Flight Test Branch, ACE-116A, FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone
(770) 703-6066; fax (770) 703-6097.
SUPPLEMENTARY INFORMATION: 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-145
series airplanes. The DAC advises that it has received reports
indicating that the ground spoilers and/or speed brakes may fail to
deploy. The cause of these failures has been attributed to moisture
penetration into the respective actuators in combination with freezing
temperatures, which can result in jamming of the actuators. These
conditions, if not corrected, can result in asymmetric deployment of
the speed brakes during flight and consequent reduced controllability
of the airplane; or failure of the ground spoilers to deploy during
landing or rejected takeoff, which could result in increased aircraft
stopping distances.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin 145-27-0029, dated November 10,
1997, which describes procedures for draining and sealing of the ground
spoiler and speed brake actuators.
EMBRAER has also issued Service Bulletins 145-27-0013 and 145-27-
0014, both dated August 20, 1997, which describe procedures for
replacement of the spoiler actuator assembly and the speed brake
actuator assembly with modified actuator assemblies. Accomplishment of
the actions specified in the service bulletins is intended to
adequately address the identified unsafe condition.
The DAC classified these service bulletins as mandatory and issued
Brazilian airworthiness directive 97-10-04 (undated) in order to assure
the continued airworthiness of these airplanes in Brazil.
FAA's Conclusions
This airplane model is manufactured in Brazil and is type
certificated for operation in the United States under the provisions of
Sec. 21.29 of the Federal
[[Page 12610]]
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 Requirements of 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, this AD is being issued to prevent asymmetric
deployment of the speed brakes during flight and consequent reduced
controllability of the airplane; or failure of the ground spoilers to
deploy during landing or rejected takeoff, which could result in
increased aircraft stopping distances. This AD requires accomplishment
of the actions specified in the service bulletins described previously.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
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 98-NM-64-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
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, 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:
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:
98-06-19 Empresa Brasileira De Aeronautica S.A. (EMBRAER):
Amendment 39-10397. Docket 98-NM-64-AD.
Applicability: Model EMB-145 series airplanes, serial numbers
145004 through 145018 inclusive; equipped with a speed brake
actuator assembly having part number 360540-1001, or a spoiler
actuator assembly having part number 360440-1001; certificated in
any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (e) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent asymmetric deployment of the speed brakes during
flight and consequent reduced controllability of the airplane; or
failure of the ground spoilers to deploy during landing or rejected
takeoff, which could result in increased aircraft stopping
distances; accomplish the following:
(a) Within 400 flight hours after the effective date of this AD,
drain and seal the ground spoiler and speed brake actuators in
accordance with EMBRAER Service Bulletin 145-27-0029, dated November
10, 1997.
(b) Within 90 days after the effective date of this AD, replace
the spoiler actuator assembly and the speed brake actuator assembly
with modified actuator assemblies in accordance with EMBRAER Service
Bulletins 145-27-0013, and 145-27-0014, both dated August 20, 1997.
(c) Airplanes on which the replacements required by paragraph
(b) of this AD are performed within the compliance time specified in
paragraph (a) of this AD are not required to accomplish the action
required by paragraph (a).
(d) As of the effective date of this AD, no person shall install
a ground spoiler actuator assembly having part number 360440-1001,
or speed brake actuator assembly having part number 360540-1001, on
any airplane.
(e) 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, Atlanta Aircraft Certification
Office (ACO), FAA, Small Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who
[[Page 12611]]
may add comments and then send it to the Manager, Atlanta ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
(f) 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.
(g) The actions shall be done in accordance with EMBRAER Service
Bulletin 145-27-0029, dated November 10, 1997; EMBRAER Service
Bulletin 145-27-0013, dated August 20, 1997; and EMBRAER Service
Bulletin 145-27-0014, dated August 20, 1997. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O.
Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, One Crown
Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia; or at
the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
Note 3: The subject of this AD is addressed in Brazilian
airworthiness directive 97-10-04 (undated).
(h) This amendment becomes effective on March 31, 1998.
Issued in Renton, Washington, on March 9, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-6499 Filed 3-13-98; 8:45 am]
BILLING CODE 4910-13-U
