72902 Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Rules and Regulations 

part, credit unions must disclose the fee 

or fees for the payment of each 

overdraft, not merely that a cost is 

associated with the overdraft service, as 

well as other required information. 

Compliance with comment 8(a)—10.v is 

not sufficient. 

* * * * * 

[FR Doc. 05–23711 Filed 12–7–05; 8:45 am] 

BILLING CODE 7535–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–23187; Directorate 

Identifier 2005–NM–203–AD; Amendment 

39–14397; AD 2005–25–04] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135BJ, 

–135ER, –135KE, –135KL, –135LR, 

–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

EMBRAER Model EMB–135BJ, –135ER, 

–135KE, –135KL, –135LR, –145, 

–145ER, –145MR, –145LR, –145XR, 

–145MP, and –145EP airplanes. This AD 

requires reviewing the airplane 

maintenance records for recent reports 

of vibration from the tail section or 

rudder pedals. This AD also requires 

repetitively inspecting the skin, 

attachment fittings, and control rods of 

rudder II to detect cracking, loose parts, 

wear, or damage; and related 

investigative/corrective actions if 

necessary. This AD results from reports 

of rudder vibration due to wear. 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. 

DATES: This AD becomes effective 

December 23, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of December 23, 2005. 

We must receive comments on this 

AD by February 6, 2006. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Contact Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), P.O. Box 

343—CEP 12.225, Sao Jose dos 

Campos—SP, Brazil, for service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 227–2125; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

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.

Crack ....................................... Repair or replacement of the affected area. 

Inspection of the rudder II control rods.Relative movement between a 

control rod and its rod end.

Replacement of the control rod. 

Detailed visual inspection of 

the rudder II attachment fittings.

Wear or damage at only one 

attachment.

Wear or damage at more than 

one attachment.

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 Group and 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). 

Install washers in control rod 

assembly.

Modification status .................. Installation as specified in Figure 5 of the service bulletin, or 

restoration of modified airplanes as specified in the AMM. 

Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Rules and Regulations 72903 

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 of this 

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 

conditions would 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 

person at 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 

72904 Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Rules and Regulations 

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. 

§ 39.13 [Amended] 

■ 2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2005–25–04 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–14397. Docket No. 

FAA–2005–23187; Directorate Identifier 

2005–NM–203–AD. 

Effective Date 

(a) This AD becomes effective December 

23, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all EMBRAER Model 

EMB–135BJ, –135ER, –35KE, –135KL, 

–135LR, –145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP airplanes; 

certificated in any category. 

Unsafe Condition 

(d) This AD results from reports of rudder 

vibration due to wear. 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. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Records Review 

(f) Within 5 days after the effective date of 

this AD: Review the airplane maintenance 

records to determine whether any vibration 

from the tail section or rudder pedals was 

reported within 120 flight hours or 100 flight 

cycles before the effective date of this AD. 

Inspection 

(g) At the applicable time specified in 

paragraph (g)(1) or (g)(2) of this AD: Do a 

detailed inspection of the skin, attachment 

fittings, and control rods of rudder II to 

detect cracks, loose parts, wear, or damage. 

Inspect in accordance with the 

Accomplishment Instructions of EMBRAER 

Alert Service Bulletin 145LEG–55–A010, 

dated August 26, 2005 (for Model EMB–

135BJ airplanes); or 145–55–A036, Revision 

01, dated September 5, 2005 (for all other 

airplanes). Do all related investigative/ 

corrective actions before further flight by 

doing all applicable actions specified in the 

service bulletin; except as required by 

paragraph (i) of this AD. Repeat the 

inspection at intervals not to exceed 2,500 

flight hours, except as required by paragraph 

(h) of this AD. 

(1) If any vibration was reported during the 

time period specified in paragraph (f) of this 

AD, inspect within 2 days after the records 

review. 

(2) If no vibration was reported during the 

time period specified in paragraph (f) of this 

AD, except as required by paragraph (h) of 

this AD, inspect before the later of: 

(i) 2,500 total accumulated flight hours. 

(ii) 600 flight hours or 500 flight cycles, 

whichever occurs first, after the effective date 

of this AD. 

Note 1: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as a mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’

(h) If any vibration from the tail section or 

rudder pedals is reported after the effective 

date of this AD, do the inspection specified 

in paragraph (g) of this AD before the next 

flight. Repeat the inspection thereafter at 

intervals not to exceed 2,500 flight hours. 

Note 2: EMBRAER Alert Service Bulletin 

145LEG–55–A010, dated August 26, 2005, 

and 145–55–A036, Revision 01, dated 

September 5, 2005; 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. 

Exceptions to Service Bulletin Specifications 

(i) Where EMBRAER Alert Service 

Bulletins 145LEG–55–A010 and 145–55–

A036 specify to contact EMBRAER for repair 

instructions, operators must perform the 

repair before further flight using a method 

approved by either the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA; or the 

Departmento de Aviacao Civil (or its 

delegated agent). 

(j) Although EMBRAER Alert Service 

Bulletins 145LEG–55–A010 and 145–55–

A036 recommend sending a report of the 

inspection results to the manufacturer, this 

AD does not require a report. 

Credit for Prior Accomplishment of Earlier 

Service Bulletin 

(k) For Model –135ER, –135KE, –135KL, 

–135LR, –145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP airplanes: 

Accomplishment of the inspection and 

applicable related investigative/corrective 

actions before the effective date of this AD, 

in accordance with EMBRAER Alert Service 

Bulletin 145–55–A036, dated August 20, 

2005, is acceptable for compliance with the 

corresponding requirements of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(l)(1) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Related Information 

(m) Brazilian emergency airworthiness 

directive 2005–09–02R1, dated November 3, 

2005, also addresses the subject of this AD. 

Material Incorporated by Reference 

(n) You must use EMBRAER Alert Service 

Bulletin 145LEG–55–A010, dated August 26, 

2005; or EMBRAER Alert Service Bulletin 

145–55–A036, Revision 01, dated September 

5, 2005; as applicable, to perform the actions 

that are required by this AD, unless the AD 

specifies otherwise. The Director of the 

Federal Register approved the incorporation 

by reference of these documents in 

accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Contact Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), P.O. Box 

343—CEP 12.225, Sao Jose dos Campos—SP, 

Brazil, for a copy of this service information. 

You may review copies at the Docket 

Management Facility, U.S. Department of 

Transportation, 400 Seventh Street, SW., 

room PL–401, Nassif Building, Washington, 

DC; on the Internet at http://dms.dot.gov; or 

at the National Archives and Records 

Administration (NARA). For information on 

the availability of this material at the NARA, 

call (202) 741–6030, or go to http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

November 2, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–23656 Filed 12–7–05; 8:45 am] 

BILLING CODE 4910–13–U