[Federal Register Volume 64, Number 55 (Tuesday, March 23, 1999)]
[Rules and Regulations]
[Pages 13892-13894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6981]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-33-AD; Amendment 39-11087; AD 99-05-04]
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 document publishes in the Federal Register an amendment
adopting airworthiness directive (AD) 99-05-04 that was sent previously
to all known U.S. owners and operators of all EMBRAER Model EMB-145
series airplanes by individual notices.
This AD requires repetitive inspections to detect cracking or
failure of the rod ends of the aileron power control actuator (PCA),
and corrective actions, if necessary. This action is prompted by
issuance of mandatory continuing airworthiness information by a foreign
civil airworthiness authority. The actions specified by this AD are
intended to detect and correct cracking or failure of the rod ends of
the aileron PCA, which could result in reduced controllability of the
airplane.
DATES: Effective March 29, 1999, to all persons except those persons to
whom it was made immediately effective by emergency AD 99-05-04, issued
February 19, 1999, which contained the requirements of this amendment.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 29, 1999.
Comments for inclusion in the Rules Docket must be received on or
before April 22, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 99-NM-33-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
The applicable service information 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: Curtis Jackson, Aerospace Engineer,
Airframe and Propulsion Branch, ACE-117A, FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30337-2748;
telephone (770) 703-6076; fax (770) 703-6097.
SUPPLEMENTARY INFORMATION: On February 19, 1999, the FAA issued
emergency AD 99-05-04, which is applicable to all EMBRAER Model EMB-145
series airplanes.
The Departmento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, recently notified the FAA that an unsafe
condition may exist on all EMBRAER Model EMB-145 series airplanes. The
DAC advises that rod ends of the aileron power control actuator (PCA)
failed on two airplanes. One rod end cracked and failed at the aileron
connection point, and one at the wing connection point. Such failure of
the rod ends of the aileron PCA, if not corrected, could result in
reduced controllability of the airplane.
Explanation of Relevant Service Information
EMBRAER has issued Alert Service Bulletin 145-27-A054, Change 01,
dated February 17, 1999, which describes procedures for repetitive
detailed visual inspections to detect cracking or failure of the rod
ends of the PCA at the aileron and wing connection points, and
corrective actions, if necessary. The DAC classified this alert service
bulletin as mandatory and issued Brazilian airworthiness directive
1999-02-01R1, dated February 18, 1999, 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 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 99-05-04 to detect and correct
cracking or failure of the rod ends of the aileron PCA, which could
result in reduced controllability of the airplane. The AD requires
repetitive detailed visual inspections to detect cracking or failure of
the rod ends of the aileron PCA, and corrective actions, if necessary.
The actions are required to be accomplished in accordance with the
alert service bulletin described previously.
Interim Action
This is considered to be interim action until final action is
identified, at which time the FAA may consider further rulemaking.
Determination of Rule's Effective Date
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 February 19, 1999, to all known U.S. owners and operators of
all EMBRAER Model EMB-145 series airplanes. These conditions still
exist, and the AD is hereby published in the Federal Register as an
amendment to
[[Page 13893]]
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 99-NM-33-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:
99-05-04 Empresa Brasileira De Aeronautica S.A. (EMBRAER):
Amendment 39-11087. Docket 99-NM-33-AD.
Applicability: All Model EMB-145 series airplanes, 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 (d) 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 detect and correct cracking or failure of the rod ends of the
aileron power control actuator (PCA), which could result in reduced
controllability of the airplane, accomplish the following:
Initial and Repetitive Inspections
(a) Within 24 hours (1 day) after the effective date of this AD,
perform a detailed visual inspection to detect cracking or failure
of the rod ends of the PCA at the aileron and wing connection
points, in accordance with EMBRAER Alert Service Bulletin 145-27-
A054, Change 01, dated February 17, 1999. Repeat the inspection in
accordance with the alert service bulletin thereafter at intervals
not to exceed 3 days or 25 flight hours, whichever occurs later.
Corrective Actions
(b) If any cracked or failed rod end is detected during any
inspection performed in accordance with paragraph (a) of this AD,
prior to further flight, replace the aileron PCA with a new part
having the same part number, in accordance with EMBRAER Alert
Service Bulletin 145-27-A054, Change 01, dated February 17, 1999.
Reporting Requirement
(c) Within 10 days after the replacement of any aileron PCA in
accordance with paragraph (b) of this AD, submit a report of the
cracked or failed rod end to the Manager, Atlanta Aircraft
Certification Office (ACO), FAA, Small Airplane Directorate, One
Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia
30349; fax (770) 703-6097. Information collection requirements
contained in this regulation have been approved by the Office of
Management and Budget (OMB) under the provisions of the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been
assigned OMB Control Number 2120-0056.
Alternative Methods of Compliance
(d) 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 ACO. Operators shall submit
their requests through an appropriate FAA Principal Maintenance
Inspector, who 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.
Special Flight Permits
(e) 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.
Incorporation by Reference
(f) Except as provided by paragraph (c) of this AD, the actions
shall be done in accordance with EMBRAER Alert Service Bulletin 145-
27-A054, Change 01, dated February 17, 1999. 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,
[[Page 13894]]
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Small Airplane Directorate, Atlanta ACO,
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 1999-02-01R1, dated February 18, 1999.
(g) This amendment becomes effective on March 29, 1999, to all
persons except those persons to whom it was made immediately
effective by emergency AD 99-05-04, issued February 19, 1999, which
contained the requirements of this amendment.
Issued in Renton, Washington, on March 16, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-6981 Filed 3-22-99; 8:45 am]
BILLING CODE 4910-13-U
