Discussion
The Departmento de Aviacao Civil (DAC), which is the airworthiness authority for Brazil, notified us that an unsafe condition may exist on all EMBRAER Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, - 145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. The DAC advises that it has received reports of rudder vibration. Investigation revealed wear in the attachment flange bushings of rudder II that progressed over the hinge fittings of rudder II. Investigation also revealed excessive freeplay of the end-to-rod attachment of the lower control rod on rudder II. Failure of multiple hinge fittings could result in severe vibration, and failure of the rudder control rods could result in jamming of the rudder II. These conditions, if not corrected, could result in possible structural failure and reduced controllability of the airplane.
Relevant Service Information
EMBRAER has issued Alert Service Bulletins 145LEG-55-A010, dated August 26, 2005, and 145-55-A036, Revision 01, dated September 5, 2005. The following table identifies the actions described in the service bulletins, which are divided into six parts.
Service Bulletin Procedures
Part
Action
Condition
Related investigative and corrective actions
I
Visual inspection of the rudder II skin.
Inspection of the rudder II control rods.
Detailed visual inspection of
the rudder II attachment fit-
tings.
Crack
Relative movement between a control rod and its rod end.
Wear or damage at only one
attachment.
Wear or damage at more than one attachment.
Repair or replacement of the affected area.
Replacement of the control rod.
Part(s) II, III, IV, or V, as applicable, of the service bulletin.
Parts II, III, IV, and V of the service bulletin.
II V
Dimensional inspection of
hinge attachment points I, II,
III,and IV.
Adequate measurements
Measurements within certain
limits.
Measurements for the bushing less than certain limits.
Part VI of the service bulletin.
Replacement of the bolt and/or bushing, and accomplishment of the remaining parts of the service bulletin.
Repair as approved by EMBRAER.
VI
Install washers in hinge fittings Install washers in control rod assembly.
Group and modification status
Modification status
Installation as specified in Figure 4 of the service bulletin, or restoration of modified airplanes as specified in the airplane
maintenance manual (AMM).
Installation as specified in Figure 5 of the service bulletin, or restoration of modified airplanes as specified in the AMM.
Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The DAC mandated the service bulletins and issued Brazilian emergency airworthiness directive 2005-09-02R1, dated November 3, 2005, to ensure the continued airworthiness of these airplanes in Brazil.
The service bulletins refer to EMBRAER Service Bulletins 145LEG-55- 0008, Revision 01, dated January 14, 2005; 145LEG-55-0009, dated June 21, 2004; and 145-55-0034, Revision 01, dated January 14, 2005, as additional sources of service information for installing washers in the rudder II hinge fittings and control rod assembly.
FAA's Determination and Requirements of This AD
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. We have examined the DAC's findings, evaluated all pertinent information, and determined that we need to issue an AD for products ofthis type design that are certificated for operation in the United States.
Therefore, we are issuing this AD to prevent failure of multiple hinge fittings, which could result in severe vibration, and to prevent failure of the rudder control rods, which could result in jamming of the rudder II; and possible structural failure and reduced controllability of the airplane. This AD requires reviewing the airplane maintenance records for recent reports of vibration from the tail section or rudder pedals. This AD also requires the actions specified in the service information described previously, except as discussed below.
Differences Between AD and Service Information/Brazilian Airworthiness Directive
The Brazilian airworthiness directive allows operators up to 20 flight hours/cycles to inspect airplanes that experienced vibration from the tail section or rudder pedals. However, for vibration reported before the effective date of the AD, to avoid unnecessary burden on operators, this AD requires compliance for the initial inspection within 2 days after the records review. And, for vibration reported after the effective date of the AD, the AD will require an inspection before the next flight. We have not received data to substantiate the continued safe operation of airplanes with reported vibration. However, if EMBRAER provides inspection criteria or analyses that would substantiate continued operational flight for the specified time period, we may consider further rulemaking in the future.
The service bulletins specify to contact the manufacturer for instructions on how to repair certain conditions, but this AD requires repairing those conditions using a method that we or the DAC (or its delegated agent) approve. In light of the type of repair that would be required to address the unsafe condition, and consistent with existing bilateral airworthiness agreements, we have determined that, for this AD, a repair we or the DAC approve under those conditionswould be acceptable for compliance with this AD.
Clarification of Inspection Terminology
Where Part I of the service bulletins refers to inspections for discrepancies of the rudder II, we have determined that these procedures should be described as a "detailed inspection." Note 1 in this AD defines this type of inspection.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of this AD; therefore, providing notice and opportunity for public comment before the AD is issued is impracticable, and good cause exists to make this AD effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed in the ADDRESSES section. Include "Docket No. FAA-2005- 23187; Directorate Identifier 2005-NM-203-AD" at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD that might suggest a need to modify it.
We will post all comments we receive, without change, to http://dms.dot.gov , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of that web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78), or you may visit http://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov , or in personat the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647- 5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, "General requirements." Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism implications under Executive Order 13132. This AD 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.
For the reasons discussed above, I certify that the 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. 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.
We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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. The Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):