
[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Rules and Regulations]               
[Page 25962-25967]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my08-2]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0516; Directorate Identifier 2008-NM-026-AD; 
Amendment 39-15514; AD 2008-10-08]
RIN 2120-AA64

 
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 Airplanes; and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD) that applies to certain EMBRAER Model EMB-135 airplanes; and Model 
EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. 
The existing AD currently requires performing repetitive inspections 
for cracks, ruptures, or bends in certain components of the elevator 
control system; replacing discrepant components; and, for certain 
airplanes, installing a new spring cartridge and implementing new logic 
for the electromechanical gust lock system. The existing AD also 
requires eventual modification of the elevator gust lock system to 
replace the mechanical system with an electromechanical system, which 
terminates the repetitive

[[Page 25963]]

inspections. This AD reduces the compliance time for doing the 
modification. This AD results from additional reports of failure of the 
mechanical gust lock system to protect the elevator control surfaces 
and components from high wind gusts. We are issuing this AD to prevent 
discrepancies in the elevator control system, which could result in 
reduced control of the elevator and consequent reduced controllability 
of the airplane.

DATES: This AD becomes effective May 23, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 23, 2008.
    On February 3, 2006 (70 FR 77303, December 30, 2005), the Director 
of the Federal Register approved the incorporation by reference of 
certain other publications listed in this AD.
    We must receive any comments on this AD by June 9, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Empresa 
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343, CEP 12.225, Sao 
Jose dos Campos, SP, Brazil.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1405; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    On December 13, 2005, we issued AD 2005-26-15, amendment 39-14436 
(70 FR 77303, December 30, 2005), for certain EMBRAER Model EMB-135 
airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes. That AD requires performing repetitive 
inspections for cracks, ruptures, or bends in certain components of the 
elevator control system; replacing discrepant components; and, for 
certain airplanes, installing a new spring cartridge and implementing 
new logic for the electromechanical gust lock system. That AD also 
requires eventual modification of the elevator gust lock system to 
replace the mechanical system with an electromechanical system, which 
terminates the repetitive inspections. That AD resulted from reports 
that cracks were found in certain components of the elevator control 
system in the horizontal stabilizer area of several airplanes equipped 
with a mechanical gust lock system. Those cracks were attributed to 
damage from strong wind gusts on the ground. We issued that AD to 
prevent discrepancies in the elevator control system, which could 
result in reduced control of the elevator and consequent reduced 
controllability of the airplane.

Actions Since AD 2005-26-15 Was Issued

    After we issued AD 2005-26-15, we received a report indicating that 
a Model EMB-145 airplane did not rotate in response to the command from 
the yoke during take-off, which resulted in a rejected take-off. The 
airplane was one of a small percentage of remaining airplanes in the 
U.S. fleet for which the mechanical elevator gust lock system had yet 
to be modified to an electromechanical elevator gust lock system, as 
required by AD 2005-26-15. The compliance time specified in AD 2005-26-
15 for accomplishment of the modification time is within 10,000 flight 
hours or 60 months after February 3, 2006 (the effective date of that 
AD), whichever is first.
    In light of the report described previously, we determined that the 
repetitive inspections in AD 2005-26-15 were inadequate to ensure long-
term continued operational safety. Consequently, on January 18, 2008, 
we issued AD 2008-03-03, amendment 39-15352 (73 FR 5426, January 30, 
2008), for certain EMBRAER Model EMB-135 airplanes; and Model EMB-145, 
-145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. That AD 
requires additional (interim) inspections to detect discrepancies of 
the components of the elevator control system, repetitive movements of 
the control column to observe the normal response of the elevators, 
repetitive inspections to detect discrepancies of the skin of the 
elevators, and applicable related investigative actions and corrective 
actions. AD 2008-03-03 also provides for an optional terminating action 
for the inspections and measurements; that optional terminating action 
is the same terminating action that is required by AD 2005-26-15.
    In addition, AD 2008-03-03 requires that operators submit reports 
of any findings of damage or discrepancies found during any inspection 
required by the AD. As we explained in the preamble to AD 2008-03-03, 
we were considering superseding AD 2005-26-15 to reduce the compliance 
time for that modification based on the results of those inspections.
    Since we issued AD 2008-03-03, we have received additional reports 
of in-service failures of the mechanical gust lock system to protect 
the control surfaces and components of the elevator control system from 
high wind gusts and jet blasts. Rapid uncommanded movement of the 
elevator control surface induces inertia loads in the elevator control 
system, which may result in systematic damage that could ultimately 
cause failure of the elevator control system and consequent reduced 
control of the airplane.

FAA's Conclusion

    Based on these additional reports, and in light of the severity of 
the identified unsafe condition, we have determined that in order to 
further reduce the risk of potential damage of the elevator control 
system components, the terminating modification required by AD 2005-26-
15 must be done sooner than the compliance time specified in that AD. 
Accomplishment of the modification, as required by paragraph (h)(1) or 
(h)(2) of this AD, terminates the requirements of AD 2008-03-03, as 
well as the requirements of paragraph (f) of this AD.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145-27-0075, Revision 09, dated 
November 8, 2006; and Service Bulletin 145-27-0086, Revision 05, dated 
November 8, 2006. The procedures in these service bulletins are 
essentially the same as those in EMBRAER Service Bulletin 145-27-0075, 
Revision 06, dated July 16, 2002; and EMBRAER

[[Page 25964]]

Service Bulletin 145-27-0086, Change 01, dated July 3, 2002; which we 
referred to in the proposed rules to AD 2005-26-15 as the appropriate 
sources of service information for doing the required modification. 
Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.

Differences Between the AD and the Service Information

    Operators should note that this AD does not mandate installing new 
electrical grounding for the gust lock system actuator at the 
horizontal stabilizer structure, as provided in the new revisions of 
the service bulletins described previously.

Explanation of Brazilian Airworthiness Directive

    The Departmento de Aviacao Civil (DAC), which is the former 
airworthiness authority for Brazil, mandated EMBRAER Service Bulletin 
145-27-0075, Revision 06, and EMBRAER Service Bulletin 145-27-0086, 
Change 01, and further revisions approved by the DAC, by issuing 
Brazilian airworthiness directive 2002-01-01R3, effective November 8, 
2002. The DAC issued that airworthiness directive to ensure the 
continued airworthiness of these airplanes in Brazil. We referred to 
Brazilian airworthiness directive 2002-01-01R3, effective November 8, 
2002, in AD 2005-26-15 as a related source of information.
    Since we issued AD 2005-26-15, the Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) has assumed responsibility for the 
airplane models subject to this AD. While it has not issued a new 
airworthiness directive related to this issue, we have coordinated the 
requirements of this AD with ANAC.

U.S. Type Certification of the Airplane

    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.

Change to Existing AD

    This AD retains the requirements of AD 2005-26-15. Since AD 2005-
26-15 was issued, the AD format has been revised, and certain 
paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this AD, as listed in the 
following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                           Corresponding requirement in
      Requirement in AD 2005-26-15                    this AD
------------------------------------------------------------------------
Paragraph (a)...........................  Paragraph (f).
Paragraph (b)...........................  Paragraph (g).
Paragraph (c)...........................  Paragraph (h).
Paragraph (d)...........................  Paragraph (i).
------------------------------------------------------------------------

    Paragraph (c)(2)(i) of AD 2005-26-15 (paragraph (h)(2)(i) of this 
AD) specifies making repairs using a method approved by either the FAA 
or the DAC (or its delegated agent). As we previously explained, the 
ANAC has assumed responsibility for the airplane model[s] subject to 
this AD. Therefore, we have revised paragraph (h)(2)(i) of this AD to 
specify making repairs using a method approved by the FAA, the DAC (or 
its delegated agent), or the ANAC (or its delegated agent).

FAA's Justification and Determination of the Effective Date

    Based on the service reports since the release of AD 2005-26-15, we 
have determined that a shorter compliance time for the terminating 
action is necessary to address the unsafe condition and to ensure long-
term continued operational safety in this case to detect any 
discrepancy before it represents a hazard to the airplane. Because of 
our requirement to promote safe flight of civil aircraft, and thus the 
critical need to ensure the proper functioning of the elevator control 
system and the short compliance time involved with this action, this AD 
must be issued immediately.
    Because an unsafe condition exists that requires the immediate 
adoption of this AD, we find that notice and opportunity for prior 
public comment hereon are impracticable and that good cause exists for 
making this amendment effective in less that 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2008-0516; Directorate Identifier 2008-NM-026-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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.

[[Page 25965]]

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends part 39 of the Federal Aviation Regulations (14 CFR part 
39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14436 (70 FR 77303, December 30, 2005) and adding 
the following new AD:

2008-10-08 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 
No. FAA-2008-0516; Directorate Identifier 2008-NM-026-AD; Amendment 
39-15514.

Effective Date

    (a) This AD becomes effective May 23, 2008.

Affected ADs

    (b) This AD supersedes AD 2005-26-15.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ, -135ER, -135KE, 
-135KL, and -135LR airplanes; and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes, certificated in any 
category; serial numbers 145001 through 145189 inclusive, 145191 
through 145362 inclusive, 145364 through 145373 inclusive, 145375, 
145377 through 145411 inclusive, 145413 through 145424 inclusive, 
145426 through 145430 inclusive, 145434 through 145436 inclusive, 
145440 through 145445 inclusive, 145448, 145450, and 145801; 
equipped with a mechanical gust lock system.

Unsafe Condition

    (d) This AD results from additional reports of failure of the 
mechanical gust lock system to protect the elevator control surfaces 
and components from high wind gusts. We are issuing this AD to 
prevent discrepancies in the elevator control system, which could 
result in reduced control of the elevator and consequent 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.

Restatement of the Requirements of AD 2005-26-15 With Certain Revised 
Compliance Times/Requirements

Repetitive Inspections

    (f) Within 800 flight hours after February 3, 2006 (the 
effective date of AD 2005-26-15), do a detailed inspection of the 
elevator control system for any crack, rupture, or bend in any 
component, in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 145-27-0087, Change 03, dated September 27, 
2002. Where this service bulletin specifies to return discrepant 
parts and report inspection results to the manufacturer, this AD 
does not require these actions. Repeat the inspection thereafter at 
intervals not to exceed 2,500 flight hours or 15 months, whichever 
is first.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Replacement of Discrepant Parts

    (g) If any discrepant part is found during any inspection 
required by paragraph (f) of this AD, before further flight, replace 
the discrepant part with a new part, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0087, 
Change 03, dated September 27, 2002.

Modification

    (h) At the applicable time specified in paragraph (j) of this 
AD: Modify the elevator gust lock by accomplishing paragraph (h)(1) 
or (h)(2) of this AD, as applicable. Accomplishment of the 
modification terminates the repetitive inspections required by 
paragraph (f) of this AD. Doing the actions required by paragraph 
(h)(1) or (h)(2) of this AD, as applicable, also terminates the 
requirements of AD 2008-03-03, amendment 39-15352. This AD does not 
mandate installing new electrical grounding for the gust lock system 
actuator at the horizontal stabilizer structure in accordance with 
EMBRAER Service Bulletin 145-27-0075, Revision 09, dated November 8, 
2006; or EMBRAER Service Bulletin 145-27-0086, Revision 05, dated 
November 8, 2006.
    (1) For airplanes listed in EMBRAER Service Bulletin 145-27-
0075, Revision 08, dated March 3, 2005: Do paragraph (h)(1)(i) or 
(h)(1)(ii) of this AD, as applicable, and install a new spring 
cartridge and implement new logic for the electromechanical gust 
lock system by doing all actions in section 3.D. (Part IV) of the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0075, 
Revision 08, dated March 3, 2005; or Revision 09, dated November 8, 
2006. After the effective date of this AD, Revision 09 of the 
service bulletin must be used. After accomplishing the actions in 
EMBRAER Service Bulletin 145-27-0101, as specified in the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0075, 
Revision 08 or Revision 09; the airplane flight manual (AFM) 
revision required by AD 2002-26-51, amendment 39-13008, may be 
removed from the Limitations section of the EMBRAER EMB-145 AFM. 
Accomplishing the actions specified in the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-27-0102, as specified 
by EMBRAER Service Bulletin 145-27-0075, Revision 08 or Revision 09, 
terminates the repetitive inspections required by AD 2005-24-11, 
amendment 39-14391.
    (i) Replace the mechanical gust lock system with an 
electromechanical gust lock system, and replace the control stand 
with a reworked control stand, by doing all the actions (including a 
detailed inspection to ensure that certain parts have been removed 
previously per EMBRAER Service Bulletin 145-27-0076) in and per 
section 3.A. (Part I) or 3.B. (Part II), as applicable, of the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0075, 
Revision 08 or Revision 09. If the inspection reveals that certain 
subject parts have not been removed previously, before further 
flight, remove the subject parts in accordance with EMBRAER Service 
Bulletin 145-27-0075, Revision 08 or Revision 09. Where Parts I and 
II of the Accomplishment Instructions of EMBRAER Service Bulletin 
145-27-0075, Revision 08 or Revision 09, specify to remove and 
``send the control stand to be reworked in a workshop,'' replace the 
control stand with a control stand reworked as specified in EMBRAER 
Service Bulletin 145-27-0075, Revision 08 or Revision 09. After the 
effective date of this AD, Revision 09 of the service bulletin must 
be used for the actions required by this paragraph.
    (ii) Replace the return spring and spring terminal of the gust 
lock control lever with improved parts by doing all the actions in 
and per section 3.C. (Part III) of the Accomplishment Instructions 
of EMBRAER Service Bulletin 145-27-0075, Revision 08 or Revision 09. 
After the effective date of this AD, Revision 09 of the service 
bulletin must be used.

    Note 2: Part IV of the Accomplishment Instructions of EMBRAER 
Service Bulletins 145-27-0075, Revision 08 and Revision 09, refers 
to EMBRAER Service Bulletin 145-27-0101, Revision 02, dated December 
27, 2004; and EMBRAER Service Bulletin 145-27-0102, Revision 02, 
dated January 20, 2005; as additional sources of instructions for 
accomplishing the installation of a new spring cartridge and 
implementation of the new logic for the electromechanical gust lock 
system.

    (2) For airplanes listed in EMBRAER Service Bulletin 145-27-
0086, Change 04, dated March 21, 2005: Do paragraphs (h)(2)(i), 
(h)(2)(ii), (h)(2)(iii), and (h)(2)(iv) of this AD, as applicable.
    (i) Rework the tail carbon box and the horizontal stabilizer by 
doing all the actions (including the inspection for delamination) in 
and per section 3.A. (Part I) of the Accomplishment Instructions of 
EMBRAER Service Bulletin 145-27-0086, Change 04; or Revision 05, 
dated November 8, 2006. After the effective date of this AD, 
Revision 05 of the service bulletin must be used. If any 
delamination is found that is outside the limits specified in 
EMBRAER Service Bulletin 145-27-0086, Change 04 or Revision 05, 
before further flight, repair per a method approved by either the 
Manager, International Branch, ANM-116, Transport

[[Page 25966]]

Airplane Directorate, FAA; the Departmento de Aviacao Civil (or its 
delegated agent); or the Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (or its delegated agent).
    (ii) Install wiring and electrical components by doing all the 
actions in and per section 3.B. (Part II) of the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-27-0086, Change 04 or 
Revision 05. After the effective date of this AD, Revision 05 of the 
service bulletin must be used.
    (iii) Install and activate the electromechanical gust lock 
system by doing all the actions in section 3.D. (Part IV) of the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0086, 
Change 04 or Revision 05. Where Part IV of the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-27-0086, Change 04 or 
Revision 05, specifies to remove and ``send the control stand to be 
reworked in a workshop,'' replace the control stand with a control 
stand reworked as specified in Part III of the service bulletin. 
After the effective date of this AD, Revision 05 of the service 
bulletin must be used.
    (iv) Install a new spring cartridge and implement new logic for 
the electromechanical gust lock system by doing all applicable 
actions in section 3.E. (Part V) of the Accomplishment Instructions 
of EMBRAER Service Bulletin 145-27-0086, Change 04 or Revision 05. 
After the effective date of this AD, Revision 05 of the service 
bulletin must be used. After accomplishing the actions in EMBRAER 
Service Bulletin 145-27-0101; as specified in the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-27-0086, Change 04 or 
Revision 05; the AFM revision required by AD 2002-26-51, amendment 
39-13008, may be removed from the Limitations section of the EMBRAER 
EMB-145 AFM. Accomplishing the actions in EMBRAER Service Bulletin 
145-27-0102; as specified in the Accomplishment Instructions of 
EMBRAER Service Bulletin 145-27-0086, Change 04 or Revision 05; 
terminates the repetitive inspections required by AD 2005-24-11, 
amendment 39-14391.

    Note 3: Part V of the Accomplishment Instructions of EMBRAER 
Service Bulletin 145-27-0086, Change 04 and Revision 05, refers to 
EMBRAER Service Bulletin 145-27-0101, Revision 02, dated December 
27, 2004; and EMBRAER Service Bulletin 145-27-0102, Revision 02, 
dated January 20, 2005; as additional sources of instructions for 
accomplishing the installation of a new spring cartridge and 
implementation of the new logic for the electromechanical gust lock 
system.

Actions Accomplished Previously

    (i) Actions accomplished before February 3, 2006, are acceptable 
for compliance with the corresponding requirements of this AD, as 
specified in paragraphs (i)(1), (i)(2), and (i)(3) of this AD.
    (1) Modification of the elevator gust lock system before 
February 3, 2006, in accordance with EMBRAER Service Bulletin 145-
27-0075, Change 06, dated July 16, 2002, is acceptable for 
compliance with paragraph (h)(1) of this AD, provided that, within 
the compliance time specified in paragraph (h) of this AD, a new 
spring cartridge is installed and new logic for the 
electromechanical gust lock system is implemented in accordance with 
Part IV of EMBRAER Service Bulletin 145-27-0075, Revision 07, dated 
March 2, 2004, or Revision 08, dated March 3, 2005.
    (2) Modification of the elevator gust lock system before 
February 3, 2006, in accordance with EMBRAER Service Bulletin 145-
27-0075, Revision 07, dated March 2, 2004, is acceptable for 
compliance with paragraph (h)(1) of this AD.
    (3) Modification of the elevator gust lock system before 
February 3, 2006, in accordance with EMBRAER Service Bulletin 145-
27-0086, Change 02, dated December 23, 2003; or EMBRAER Service 
Bulletin 145-27-0086, Change 03, dated April 14, 2004; is acceptable 
for compliance with paragraph (h)(2) of this AD.

Reduced Compliance Time for Required Modification

    (j) For airplanes on which the modification of the elevator gust 
lock system specified in paragraph (h) of this AD has not been done 
as of the effective date of this AD: At the earlier of the times 
specified in paragraphs (j)(1) and (j)(2) of this AD, accomplish the 
actions required by paragraph (h)(1) or (h)(2) of this AD, as 
applicable.
    (1) Within 10,000 flight hours after February 3, 2006, or within 
60 months after February 3, 2006, whichever occurs first.
    (2) Within 90 days after the effective date of this AD, or 500 
flight hours after the effective date of this AD, whichever occurs 
later.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, International Branch, ANM-116, has the 
authority to approve AMOCs for this AD, if requested in accordance 
with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Related Information

    (l) None.

Material Incorporated by Reference

    (m) You must use the service information identified in Table 1 
of this AD to perform the actions that are required by this AD, as 
applicable, unless the AD specifies otherwise.

            Table 1.--All Material Incorporated by Reference
------------------------------------------------------------------------
                              Revision/change
  EMBRAER Service Bulletin         level                  Date
------------------------------------------------------------------------
145-27-0075.................  Revision 08....  March 3, 2005.
145-27-0075.................  Revision 09....  November 8, 2006.
145-27-0086.................  Change 04......  March 21, 2005.
145-27-0086.................  Revision 05....  November 8, 2006.
145-27-0087.................  Change 03......  September 27, 2002.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information identified in 
Table 2 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51.

            Table 2.--New Material Incorporated by Reference
------------------------------------------------------------------------
                              Revision/change
  EMBRAER Service Bulletin         level                  Date
------------------------------------------------------------------------
145-27-0075.................  Revision 09....  November 8, 2006.
145-27-0086.................  Revision 05....  November 8, 2006.
------------------------------------------------------------------------

    (2) On February 3, 2006 (70 FR 77303, December 30, 2005), the 
Director of the Federal Register approved the incorporation by 
reference of the service information identified in Table 3 of this 
AD.

[[Page 25967]]



         Table 3.--Material Previously Incorporated by Reference
------------------------------------------------------------------------
                              Revision/change
  EMBRAER Service Bulletin         level                  Date
------------------------------------------------------------------------
145-27-0075.................  Revision 08....  March 3, 2005.
145-27-0086.................  Change 04......  March 21, 2005.
145-27-0087.................  Change 03......  September 27, 2002.
------------------------------------------------------------------------

    (3) 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 FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/ federal-
register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on April 23, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-9890 Filed 5-7-08; 8:45 am]

BILLING CODE 4910-13-P
