AD 2002-08-21

Effective May 16, 2002.

The incorporation by reference of EMBRAER Alert Service Bulletin 145-55-A028, dated April 10, 2002, as listed in the regulations, is approved by the Director of the Federal Register as of May 16, 2002.

The incorporation by reference of EMBRAER Alert Service Bulletin 145-55-A025, dated June 5, 2001, as listed in the regulations, was approved previously by the Director of the Federal Register as of September 5, 2001 (66 FR 43768, August 21, 2001).

Comments for inclusion in the Rules Docket must be received on or before May 31, 2002.

Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 2002-NM-111-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Comments may be inspected at this location between 9:00 a.m. and 3:00 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-111-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.

The service information referenced in this AD may be obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), PO 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 the FAA, 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.

Rob Capezutto, Senior Engineer, Systems and Flight Test Branch, ACE-116A, FAA, Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone (770) 703-6071; fax (770) 703-6097.

On August 13, 2001, the FAA issued AD 2001-17-04, amendment 39-12395 (66 FR 43768, August 21, 2001), applicable to certain EMBRAER Model EMB-135ER and -135LR series airplanes, and Model EMB-145, -145ER, -145MR, and -145LR series airplanes. That AD requires a one-time visual inspection to determine if the two bonding jumpers that connect the horizontal stabilizer to the vertical stabilizer are properly installed, and replacement of the jumper with a new jumper, if necessary. That AD also requires a one-time visual inspection to determine if the supports that connect the bonding jumpers to the horizontal stabilizer are deformed, and corrective actions, if necessary. That AD was prompted by a report indicating that a post-lightning strike inspection of a Model EMB-145 series airplane revealed that the bonding jumpers that electrically bond the vertical and horizontal stabilizers were severed, the elevator cables were damaged, one elevator cable was severed, and the other elevator cable had arcing damage. The actions required by that AD are intended to prevent reduced elevator control capability, and consequent reduced controllability of the airplane, due to severed bonding jumpers.

Since the issuance of that AD, the Departmento de Aviacao Civil (DAC), which is the airworthiness authority for Brazil, has advised that a recent lightning strike event occurred on a Model EMB-145 series airplane. Subsequent inspection revealed that both bonding jumpers of the horizontal-to-vertical stabilizer were severed; the control cables of the left lower and right upper elevators near the rear sectors on the horizontal-to-vertical stabilizer were also severed. The results of the inspection indicated that one of the bonding jumpers may have been damaged or severed prior to the lightning strike, which could have resulted in the lightning current path traveling through the elevator control cables. The airplane involved in the lightning strike event had been inspected at the factory using the procedures specified in EMBRAER Alert Service Bulletin 145-55-A025, dated June 5, 2001, which is required by AD 2001-17-04. Because certain airplanes had already been inspected per EMBRAER Alert Service Bulletin 145-55-A025 at the factory, they were therefore not subject to the requirements of that AD. In light of this information, the FAA finds that all EMBRAER Model EMB-145 and -135 series airplanes are subject to the identified unsafe condition. The applicability of this AD has been revised accordingly.

• The manufacturer has issued EMBRAER Alert Service Bulletin 145-55-A028, dated April 10, 2002, which describes the following procedures:

• Repetitive visual inspections of both bonding jumpers of the horizontal-to-vertical stabilizer to detect overstretching, fraying, or other damage; and misalignment or other incorrect installation;

• Repetitive visual inspections of the two supports that connect the bonding jumpers to the horizontal stabilizer to detect deformation and signs of cracks or ruptures; and

• Inspection of any discrepant support to assess the general condition of its paint.

The alert service bulletin also describes procedures for corrective actions, which include replacing any discrepant part with a new one and restoring the support paint. The DAC classified this alert service bulletin as mandatory and issued Brazilian emergency airworthiness directive 2001-06-03 R1, dated April 11, 2002, to ensure the continued airworthiness of these airplanes in Brazil.

Alert Service Bulletin 145-55-A028 refines the procedures specified in EMBRAER Alert Service Bulletin 145-55-A025 (which is cited in AD 2001-17-04 as the appropriate source of service information for the one-time inspection and associated follow-on actions). In addition, Alert Service Bulletin 145-55-A028 recommends that the inspection be repeated at regular intervals. In other respects, the procedures specified in the two alert service bulletins are similar.

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 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.

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 supersedes AD 2001-17-04 to continue to require a one-time inspection to assess the installation of the bonding jumpers that connect the horizontal stabilizer to the vertical stabilizer, a one-time inspection to determine if the supports that connect the bonding jumpers to the horizontal stabilizer are deformed, and corrective actions if necessary. This AD also requires accomplishment of the repetitive inspections and corrective actions if necessary, per EMBRAER Alert Service Bulletin 145-55-A028, as described previously, except as discussed below. This AD also requires that operators report the results of each new repetitive inspection to the DAC.

This AD requires accomplishment of the initial inspection within 100 flight hours, although EMBRAER Alert Service Bulletin 145-55-A028 specifies an initial compliance time of 200 flight hours. The FAA and the DAC have determined that a 200-flight-hour compliance time will not address the identified unsafe condition in a timely manner. In developing an appropriate compliance time for this AD, the FAA considered the recommendations of both the DAC and the manufacturer, the degree of urgency associated with addressing the identified unsafe condition, the average utilization of the affected fleet, and the time necessary to perform the inspection (about 2 hours). In light of all of these factors, the FAA finds a 100-flight-hour initial compliance time warranted because it represents an appropriate interval of time allowable for affected airplanes to continue to operate without compromising safety.

In addition, this AD requires that the inspection required by this AD be performed immediately following a lightning strike or the removal of the horizontal stabilizer, the horizontal stabilizer actuator, or either seal fairing. The Brazilian emergency airworthiness directive does not specifically mandate an immediate inspection under those circumstances. This AD includes these requirements to ensure that the inspections are performed and reports are submitted following any of these maintenance procedures or any lightning strike event.

This is considered to be interim action until final action is identified, at which time the FAA may consider further rulemaking.

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.

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.

Submit comments using the following format:

• 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.

• For each issue, state what specific change to the AD is being requested.

• 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 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 2002-NM-111-AD.” The postcard will be date stamped and returned to the commenter.

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.

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:

1. The authority citation for part 39 continues to read as follows:

(m) This amendment becomes effective on May 16, 2002.