Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations 9217

Corrective Actions DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: (c) Prior to further flight, repair any Satish Lall, Aerospace Engineer, cracking detected by any inspection required Federal Aviation Administration and Propulsion Branch, ACE– by paragraph (a) or (b) of this AD in 117A, FAA, Small Airplane Directorate, accordance with a method approved by the 14 CFR Part 39 Atlanta Certification Office, Manager, Seattle Aircraft Certification Office One Crown Center, 1895 Phoenix (ACO), FAA, Transport Airplane Directorate; [Docket No. 99±NM±370±AD; Amendment or in accordance with data meeting the type 39±11591; AD 2000±04±09] Boulevard, suite 450, Atlanta, Georgia 30337–2748; telephone (770) 703–6082; certification basis of the airplane approved RIN 2120±AA64 by a Boeing Company Designated fax (770) 703–6097. Engineering Representative (DER) who has Airworthiness Directives; Empresa SUPPLEMENTARY INFORMATION: The been authorized by the Manager, Seattle Brasileira de Aeronautica S.A. Departmento de Aviacao Civil (DAC), ACO, to make such findings. For a repair which is the airworthiness authority for method to be approved by the Manager, (EMBRAER) Model EMB±135 and EMB±145 Series Airplanes Brazil, notified the FAA that an unsafe Seattle ACO, as required by this paragraph, condition may exist on certain the approval letter must specifically AGENCY: Federal Aviation reference this AD. EMBRAER Model EMB–135 and EMB– Administration, DOT. 145 series airplanes. The DAC advises Optional Terminating Action ACTION: Final rule; request for that it has received a report of looseness (d) Installation of the preventative comments. of the hinge fitting attachment of the modification of the BS 480 frame in spring tab of the horizontal accordance with Part 3.C. of the SUMMARY: This amendment adopts a . The configuration of the Accomplishment Instructions of Boeing Alert new airworthiness directive (AD) that is hinge fitting attachment of the elevator Service Bulletin 737–53A1220, dated October applicable to certain EMBRAER Model servo tab is similar in design to that of 4, 1999, constitutes terminating action for the EMB–135 and EMB–145 series requirements of this AD. the elevator spring tab. Therefore the airplanes. This action requires various elevator servo tab may be subject to the Alternative Methods of Compliance inspections to detect discrepancies of same unsafe condition reported on the (e) An alternative method of compliance or the elevator servo tab and spring tab elevator spring tab. The looseness was adjustment of the compliance time that hinge fittings of the horizontal attributed to the incorrect installation of provides an acceptable level of safety may be stabilizer, and follow-on corrective the attachment fasteners (two) to the tab used if approved by the Manager, Seattle actions, if necessary. This amendment is upper skin. The loss of the fitting ACO. Operators shall submit their requests prompted by issuance of mandatory rigidity may cause damage to the other through an appropriate FAA Principal continuing airworthiness information by Maintenance Inspector, who may add attachment fasteners (four) in the tab a foreign civil airworthiness authority. , which could cause the linkage of comments and then send it to the Manager, The actions specified in this AD are Seattle ACO. the elevator servo tab or spring tab hinge intended to prevent the linkage of the fittings to separate from the horizontal Note 3: Information concerning the elevator servo tab or spring tab hinge existence of approved alternative methods of stabilizer. This condition, if not compliance with this AD, if any, may be fittings from separating from the corrected, could result in loss of control obtained from the Seattle ACO. horizontal stabilizer, which could result of the airplane. in loss of control of the airplane. Special Flight Permits DATES: Effective March 10, 2000. Explanation of Relevant Service (f) Special flight permits may be issued in The incorporation by reference of Information accordance with sections 21.197 and 21.199 certain publications listed in the The manufacturer has issued Embraer of the Federal Aviation Regulations (14 CFR regulations is approved by the Director Alert Service Bulletin S.B. 145–55– 21.197 and 21.199) to operate the airplane to of the Federal Register as of March 10, A022, Change 02, dated October 8, 1999, a location where the requirements of this AD 2000. can be accomplished. which describes procedures for various Comments for inclusion in the Rules inspections to detect discrepancies of Incorporation by Reference Docket must be received on or before the elevator servo tab and spring tab (g) Except as provided by paragraph (c) of March 27, 2000. hinge fittings of the horizontal this AD, the actions shall be done in ADDRESSES: Submit comments in stabilizer, and corrective actions, if accordance with Boeing Alert Service triplicate to the Federal Aviation necessary. Bulletin 737–53A1220, dated October 4, Administration (FAA), Transport • Part I of the Accomplishment 1999. This incorporation by reference was Airplane Directorate, ANM–114, Instructions: Repetitive visual approved by the Director of the Federal Attention: Rules Docket No. 99–NM– inspections to detect proper attachment Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained 370–AD, 1601 Lind Avenue, SW., (as specified in the alert service from Boeing Commercial Airplane Group, Renton, Washington 98055–4056. bulletin) of the left-and right-hand P.O. Box 3707, Seattle, WA 98124–2207. The service information referenced in elevator servo tab and spring tab hinge Copies may be inspected at the FAA, this AD may be obtained from Empresa fittings of the horizontal stabilizer, and Transport Airplane Directorate, 1601 Lind Brasileira de Aeronautica S.A. follow-on corrective actions, if Avenue, SW., Renton, WA; or at the Office (EMBRAER), P.O. Box 343—CEP 12.225, necessary. The corrective actions of the Federal Register, 800 North Capitol Sao Jose dos Campos—SP, Brazil. This involve replacing all affected tabs with Street, NW., suite 700, Washington, DC. information may be examined at the new or serviceable tabs or (h) This amendment becomes effective on FAA, Transport Airplane Directorate, accomplishing Part II of the March 10, 2000. 1601 Lind Avenue, SW., Renton, Accomplishment Instructions. Issued in Renton, Washington, on February Washington; or at the FAA, Small • Part II of the Accomplishment 15, 2000. Airplane Directorate, Atlanta Aircraft Instructions: One-time visual inspection Donald L. Riggin, Certification Office, One Crown Center, to detect relative movement between the Acting Manager, Transport Airplane 1895 Phoenix Boulevard, suite 450, servo tab center hinge fitting and the tab Directorate, Aircraft Certification Service. Atlanta, Georgia; or at the Office of the lower skin and spar, and between the [FR Doc. 00–4116 Filed 2–23–00; 8:45 am] Federal Register, 800 North Capitol spring tab inboard hinge fitting and the BILLING CODE 4910±13±P Street, NW., suite 700, Washington, DC. tab upper skin and spar, and corrective

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 9218 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations actions, if necessary. The corrective Differences Between Rule and Related environmental, and energy aspects of actions involve replacing all affected Service Information the rule that might suggest a need to tabs with new or serviceable tabs. Part Operators should note that the modify the rule. All comments II of the Accomplishment Instructions parallel Brazilian airworthiness submitted will be available, both before also includes procedures for directive and the manufacturer’s alert and after the closing date for comments, accomplishing a rework and performing service bulletin allow the repetitive in the Rules Docket for examination by a boroscopic inspection to verify correct inspection interval to be increased from interested persons. A report that installation (as specified in the alert 100 flight hours to 400 flight hours after summarizes each FAA-public contact service bulletin) of the fasteners accomplishing Part II (one-time detailed concerned with the substance of this AD attaching the elevator servo tab and visual inspection and boroscopic will be filed in the Rules Docket. spring tab hinge fittings to the elevator inspection) of the Accomplishment Commenters wishing the FAA to servo tabs and spring tabs, and replacing Instructions of the alert service bulletin. acknowledge receipt of their comments the fasteners (one at a time) with new However, this AD would allow the submitted in response to this rule must fasteners and washers, if necessary. The repetitive inspection interval to be submit a self-addressed, stamped boroscopic inspection is repeated to increased to 400 flight hours following postcard on which the following ensure correct installation of all replacement of all elevator servo and statement is made: ‘‘Comments to replaced fasteners. spring tabs. Docket Number 99–NM–370–AD.’’ The The DAC classified this alert service In addition, the FAA has determined postcard will be date stamped and bulletin as mandatory and issued that it is not necessary to accomplish returned to the commenter. Brazilian airworthiness directive 1999– the rework and boroscopic inspection Regulatory Impact 09–01R1, dated October 25, 1999, in recommended by Part II of the The regulations adopted herein will order to assure the continued Accomplishment Instructions of the not have a substantial direct effect on airworthiness of these airplanes in alert service bulletin on any elevator the States, on the relationship between Brazil. servo and spring tabs which have been the national Government and the States, replaced in accordance with this AD. FAA’s Conclusions or on the distribution of power and The FAA has determined that responsibilities among the various These airplane models are replacement of affected elevator servo levels of government. Therefore, it is manufactured in Brazil and are type and spring tabs adequately addresses determined that this final rule does not certificated for operation in the United the unsafe condition and ensures have federalism implications under States under the provisions of section operational safety of the affected 21.29 of the Federal Aviation Executive Order 13132. airplanes until final action can be The FAA has determined that this Regulations (14 CFR 21.29) and the identified. applicable bilateral airworthiness regulation is an emergency regulation agreement. Pursuant to this bilateral Determination of Rule’s Effective Date that must be issued immediately to airworthiness agreement, the DAC has Since a situation exists that requires correct an unsafe condition in aircraft, kept the FAA informed of the situation the immediate adoption of this and that it is not a ‘‘significant described above. The FAA has regulation, it is found that notice and regulatory action’’ under Executive examined the findings of the DAC, opportunity for prior public comment Order 12866. It has been determined reviewed all available information, and hereon are impracticable, and that good further that this action involves an determined that AD action is necessary cause exists for making this amendment emergency regulation under DOT for products of this type design that are effective in less than 30 days. Regulatory Policies and Procedures (44 certificated for operation in the United FR 11034, February 26, 1979). If it is States. Comments Invited determined that this emergency Although this action is in the form of regulation otherwise would be Explanation of Requirements of Rule a final rule that involves requirements significant under DOT Regulatory Since an unsafe condition has been affecting flight safety and, thus, was not Policies and Procedures, a final identified that is likely to exist or preceded by notice and an opportunity regulatory evaluation will be prepared develop on other airplanes of the same for public comment, comments are and placed in the Rules Docket. A copy type design registered in the United invited on this rule. Interested persons of it, if filed, may be obtained from the States, this AD is being issued to are invited to comment on this rule by Rules Docket at the location provided prevent the linkage of the elevator servo submitting such written data, views, or under the caption ADDRESSES. tab or spring tab hinge fittings from arguments as they may desire. List of Subjects in 14 CFR Part 39 separating from the horizontal stabilizer, Communications shall identify the which could result in loss of control of Rules Docket number and be submitted Air transportation, Aircraft, Aviation the airplane. This AD requires in triplicate to the address specified safety, Incorporation by reference, Safety. accomplishment of the actions specified under the caption ADDRESSES. All in the alert service bulletin described communications received on or before Adoption of the Amendment previously, except as discussed below. the closing date for comments will be considered, and this rule may be Accordingly, pursuant to the Interim Action amended in light of the comments authority delegated to me by the This is considered to be interim received. Factual information that Administrator, the Federal Aviation action. The manufacturer has advised supports the commenter’s ideas and Administration amends part 39 of the that it currently is developing a suggestions is extremely helpful in Federal Aviation Regulations (14 CFR modification that will positively address evaluating the effectiveness of the AD part 39) as follows: the unsafe condition addressed by this action and determining whether PART 39ÐAIRWORTHINESS AD. Once this modification is additional rulemaking action would be DIRECTIVES developed, approved, and available, the needed. FAA may consider additional Comments are specifically invited on 1. The authority citation for part 39 rulemaking. the overall regulatory, economic, continues to read as follows:

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Authority: 49 U.S.C. 106(g), 40113, 44701. either paragraph (a)(2)(i) or (a)(2)(ii) of this the compliance with the applicable actions AD. specified by this AD. § 39.13 [Amended] (i) Replace the affected tab with a new or 2. Section 39.13 is amended by serviceable tab in accordance with Part I of Alternative Methods of Compliance the Accomplishment Instruction of the alert (c) An alternative method of compliance or adding the following new airworthiness service bulletin. Thereafter, repeat the directive: detailed visual inspection required by adjustment of the compliance time that 2000–04–09 Empresa Brasileira de paragraph (a) of this AD at intervals not to provides an acceptable level of safety may be Aeronautica S.A. (EMBRAER): exceed 100 flight hours until the used if approved by the Manager, Atlanta Amendment 39–11591. Docket 99–NM– requirements of paragraph (b) of this AD are Aircraft Certification Office (ACO), FAA, 370–AD. accomplished. Following replacement of all Small Airplane Directorate. Operators shall Applicability: Model EMB–135 and EMB– tabs, repeat the inspection required by submit their requests through an appropriate 145 series airplanes, as listed in Embraer paragraph (a) of this AD at intervals not to FAA Principal Maintenance Inspector, who Alert Service Bulletin S.B. 145–55–A022, exceed 400 flight cycles; or may add comments and then send it to the Change 02, dated October 8, 1999; (ii) Accomplish the requirements of Manager, Atlanta ACO. certificated in any category. paragraphs (b) of this AD. (b) For airplanes that have not replaced all Note 5: Information concerning the Note 1: This AD applies to each airplane elevator servo tabs and spring tabs: Within existence of approved alternative methods of identified in the preceding applicability 400 flight hours after the effective date of this compliance with this AD, if any, may be provision, regardless of whether it has been AD, perform a one-time detailed visual obtained from the Atlanta ACO. modified, altered, or repaired in the area inspection to detect relative movement subject to the requirements of this AD. For between the servo tab center hinge fitting and Special Flight Permits airplanes that have been modified, altered, or the tab lower skin and tab spar, and between repaired so that the performance of the (d) Special flight permits may be issued in the elevator spring tab inboard hinge fitting requirements of this AD is affected, the accordance with sections 21.197 and 21.199 and the tab upper skin and tab spar, in of the Federal Aviation Regulations (14 CFR owner/operator must request approval for an accordance with Part II of the alternative method of compliance in Accomplishment Instructions of Embraer 21.197 and 21.199) to operate the airplane to accordance with paragraph (c) of this AD. Alert Service Bulletin S.B. 145–55–A022, a location where the requirements of this AD The request should include an assessment of Change 02, dated October 8, 1999. can be accomplished. the effect of the modification, alteration, or (1) If no relative movement is detected, Incorporation by Reference repair on the unsafe condition addressed by prior to further flight, rework the elevator this AD; and, if the unsafe condition has not servo tabs and spring tabs and perform a (e) The actions shall be done in accordance been eliminated, the request should include boroscopic inspection to verify correct with Embraer Alert Service Bulletin S.B. specific proposed actions to address it. installation, as specified in the alert service 145–55–A022, Change 02, dated October 8, Compliance: Required as indicated, unless bulletin, of the fasteners attaching the 1999. This incorporation by reference was accomplished previously. elevator servo tab and spring tab hinge approved by the Director of the Federal To prevent the linkage of the elevator servo fittings to the elevator servo tab and spring Register in accordance with 5 U.S.C. 552(a) tab or spring tab hinge fittings from tab, in accordance with Part II of the separating from the horizontal stabilizer, Accomplishment Instruction of the alert and 1 CFR part 51. Copies may be obtained which could result in loss of control of the service bulletin. from Empresa Brasileira de Aeronautica S.A. airplane, accomplish the following: (i) If all fasteners attaching the elevator (EMBRAER), P.O. Box 343—CEP 12.225, Sao servo tab and spring tab hinge fittings are Jose dos Campos—SP, Brazil. Copies may be Detailed Visual Inspection installed correctly, repeat the inspection inspected at the FAA, Transport Airplane (a) Within 10 flight hours after the effective required by paragraph (a) of this AD at Directorate, 1601 Lind Avenue, SW., Renton, date of this AD, perform a detailed visual intervals not to exceed 400 flight cycles. Washington; or at the FAA, Small Airplane inspection to verify proper attachment, as (ii) If any fastener attaching the elevator Directorate, Atlanta Aircraft Certification specified in the alert service bulletin, of the servo tab or spring tab hinge fittings is Office, One Crown Center, 1895 Phoenix left- and right-hand elevator servo tab and incorrectly installed, as specified in the alert Boulevard, suite 450, Atlanta, Georgia; or at spring tab hinge fittings of the horizontal service bulletin, prior to further flight, stabilizer, in accordance with Part I of the replace, one at a time, each affected fastener the Office of the Federal Register, 800 North Accomplishment Instructions of Embraer with a new fastener and washer, and prior to Capitol Street, NW., suite 700, Washington, Alert Service Bulletin S.B. 145–55–A022, further flight, repeat the boroscopic DC. Change 02, dated October 8, 1999. inspection required by paragraph (b)(1) of Note 6: The subject of this AD is addressed Note 2: For the purposes of this AD, a this AD. When correct fastener installation is in Brazilian airworthiness directive 1999–09– detailed visual inspection is defined as: ‘‘An verified, repeat the inspection required by 01R1, dated October 25, 1999. paragraph (a) of this AD at intervals not to intensive visual examination of a specific (f) This amendment becomes effective on structural area, system, installation, or exceed 400 flight cycles. March 10, 2000. assembly to detect damage, failure, or Note 3: Replacement of the attaching irregularity. Available lighting is normally fasteners one at a time will avoid the loss of Issued in Renton, Washington, on February supplemented with a direct source of good the servo tab or spring tab hinge fittings 15, 2000. position. lighting at intensity deemed appropriate by Donald L. Riggin, the inspector. Inspection aids such as (2) If any relative movement is detected, mirrors, magnifying lenses, etc., may be used. prior to further flight, replace the affected tab Acting Manager, Transport Airplane Surface cleaning and elaborate access with a new or serviceable tab, in accordance Directorate, Aircraft Certification Service. procedures may be required.’’ with Part II of the Accomplishment [FR Doc. 00–4115 Filed 2–23–00; 8:45 am] (1) If all elevator servo tab and spring tab Instructions of the alert service bulletin. BILLING CODE 4910±13±U hinge fittings are properly attached, as Following replacement of all tabs, repeat the specified in the alert service bulletin, repeat inspection required by paragraph (a) of this the detailed visual inspection thereafter at AD at intervals not to exceed 400 flight intervals not to exceed 100 flight hours until cycles. the requirements of paragraph (b) of this AD Note 4: Accomplishment of the actions are accomplished. required by this AD prior to the effective date (2) If any elevator servo tab or spring tab of this AD, in accordance with Embraer Alert hinge fitting is improperly attached, as Service Bulletin S.B. 145–55–A022, dated specified in the alert service bulletin, prior to September 24, 1999, or Revision 01, dated further flight, accomplish the requirements of October 7, 1999, is considered acceptable for

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