[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Proposed Rules]
[Pages 11384-11386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6088]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / 
Proposed Rules  

[[Page 11384]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-CE-66-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
Models EMB-110P1 and EMB-110P2 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to supersede Airworthiness Directive 
(AD) 87-03-10, which currently requires repetitively inspecting the 
fillet area of both the left and right main landing gear (MLG) wheel 
axle/piston tube support junction area for cracks on Empresa Brasileira 
de Aeronautica S.A. (EMBRAER) Models EMB-110P1 and EMB-110P2 airplanes 
and replacing any MLG wheel axle/piston tube assembly where a crack is 
found. AD 87-03-10 also provided the option of reworking this area when 
no cracks were found as terminating action for the repetitive 
inspections. The Federal Aviation Administration's policy on aging 
commuter-class aircraft is to eliminate or, in certain instances, 
reduce the number of certain repetitive short-interval inspections when 
improved parts or modifications are available. The proposed action 
would require the following on EMBRAER Models EMB 110-P1 and EMB 110-P2 
airplanes that do not have an ``R'' stamped on both the left and right 
MLG wheel axle/piston tube assembly end-piece: inspecting (one-time) 
the fillet area of each MLG wheel axle/piston tube support junction 
area to ensure the area is free of cracks, replacing any MLG wheel 
axle/piston tube assembly if a crack is found, and reworking this area 
on both the left and right MLG's, as terminating action for the 
repetitive inspections that are currently required by AD 87-03-10. The 
actions specified in the proposed AD are intended to prevent failure of 
the MLG wheel axle/piston tube assembly caused by fatigue cracking, 
which could result in loss of control of the airplane during landing 
operations.

DATES: Comments must be received on or before May 30, 1997.

ADDRESSES: Submit comments on the proposal in triplicate to the Federal 
Aviation Administration (FAA), Central Region, Office of the Assistant 
Chief Counsel, Attention: Rules Docket No. 96-CE-66-AD, Room 1558, 601 
E. 12th Street, Kansas City, Missouri 64106. Comments may be inspected 
at this location between 8 a.m. and 4 p.m., Monday through Friday, 
holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from EMBRAER, Av. Brig Faira Lima 2170, 12227-901, Sao Jose dos Campos-
SP, Brazil. This information also may be examined at the Rules Docket 
at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Curtis Jackson, Aerospace 
Engineer, FAA, Atlanta Aircraft Certification Office, Campus Building, 
1701 Columbia Avenue, suite 2-160, College Park, Georgia 30337-2748; 
telephone (404) 305-7358; facsimile (404) 305-7348.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 96-CE-66-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRM's

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Assistant Chief Counsel, 
Attention: Rules Docket No. 96-CE-66-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.

Discussion

    The FAA has determined that reliance on critical repetitive 
inspections on aging commuter-class airplanes carries an unnecessary 
safety risk when a design change exists that could eliminate or, in 
certain instances, reduce the number of those critical inspections. In 
determining what inspections are critical, the FAA considers (1) the 
safety consequences if the known problem is not detected during the 
inspection; (2) the probability of the problem not being detected 
during the inspection; (3) whether the inspection area is difficult to 
access; and (4) the possibility of damage to an adjacent structure as a 
result of the problem.
    These factors have led the FAA to establish an aging commuter-class 
aircraft policy that requires incorporating a known design change when 
it could replace a critical repetitive inspection. With this policy in 
mind, the FAA conducted a review of existing AD's that apply to EMBRAER 
Models EMB-110P1 and EMB-110P2 airplanes. Assisting the FAA in this 
review were (1) EMBRAER; (2) the Regional Airlines Association (RAA); 
(3) the Centro Tecnico Aeroespacial (CTA), which is the aviation 
authority for Brazil; and (4) several operators of the affected 
airplanes.
    From this review, the FAA has identified AD 87-03-10, Amendment 39-
5524, as one which falls under the FAA's aging aircraft policy. AD 87-
03-10 currently requires repetitively inspecting the fillet area in 
both the left and right main landing gear(MLG)

[[Page 11385]]

wheel axle/piston tube support junction area for cracks on EMBRAER 
Models EMB-110P1 and EMB-110P2 airplanes, and replacing any MLG wheel 
axle/piston tube assembly if a crack is found. AD 87-03-10 also 
provides the option of reworking this area of both the left and right 
MLG's when no cracks are found, as terminating action for the 
repetitive inspections. Accomplishment of the inspections required by 
AD 87-03-10 is in accordance with EMBRAER Service Bulletin (SB) No. 
110-032-0068, dated December 20, 1985. Accomplishment of the optional 
rework is in accordance with EMBRAER SB No. 110-032-0071, dated July 
29, 1986.

Relevant Service Information

    Since the issuance of AD 87-03-10, EMBRAER has revised SB No. 110-
032-0071 to incorporate minor editorial changes. This revision, EMBRAER 
SB No. 110-032-0071, Change No. 01, dated June 21, 1988, incorporates 
revisions of ERAM SB No. 32-25, dated July 1987. ERAM SB No. 32-25 
contains the procedures for reworking the fillet area of both the left 
and right MLG wheel axle/piston tube support junction area on EMBRAER 
EMB-110 series airplanes.

The FAA's Determination

    Based on its aging commuter-class aircraft policy and after 
reviewing all available information, including the referenced service 
information, the FAA has determined that AD action should be taken to 
(1) require reworking both the left and right MLG wheel/axle piston 
tube support junction area on the affected airplanes, as terminating 
action for the repetitive short-interval inspections required by AD 87-
03-10; and (2) prevent structural failure of the MLG wheel axle/piston 
tube assembly caused by fatigue cracking, which could result in loss of 
control of the airplane during landing operations.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other EMBRAER Models EMB-110P1 and EMB-110P2 
airplanes of the same type design that do not have an ``R'' stamped on 
both the left and right MLG wheel axle/piston tube assembly end-piece, 
the FAA is proposing an AD to supersede AD 87-03-10. The proposed AD 
would require inspecting (one-time) the fillet area of both the left 
and right MLG wheel axle/piston tube support junction area to ensure 
the area is free of cracks, replacing any MLG wheel axle/piston tube 
assembly if a crack is found, and reworking this area on both the left 
and right MLG's, as terminating action for the repetitive inspections 
that are currently required by AD 87-03-10. Airplanes that have an 
``R'' stamped on both the left and right MLG wheel axle/piston tube 
assembly end-piece either (1) have a design configuration that does not 
meet the requirements of the unsafe condition specified in this 
document; or (2) the airplanes already have both the left and right the 
MLG wheel axle/piston tube assembly reworked. Accomplishment of the 
proposed inspection would be in accordance with EMBRAER SB No. 110-032-
0068, dated December 20, 1985. Accomplishment of the proposed rework 
would be required in accordance with EMBRAER SB No. 110-032-0071, 
Change No. 01, dated June 21, 1988.

Cost Impact

    The FAA estimates that 50 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 22 
workhours (inspection: 8 workhours; rework: 14 workhours) per airplane 
to accomplish the proposed AD, and that the average labor rate is 
approximately $60 an hour. There is no cost for parts to accomplish the 
proposed AD. Based on these figures, the total cost impact of the 
proposed AD on U.S. operators is estimated to be $66,000.
    The initial inspection cost of the proposed AD is the same as that 
required by AD 87-03-10. The difference in the inspection costs of the 
proposed AD and AD 87-03-10 is that the proposed AD would not require 
the repetitive inspections and AD 87-03-10 currently requires 
repetitively inspecting every 1,000 landings. The proposed rework 
eliminates the repetitive inspection requirement, and was optional in 
AD 87-03-10.
    The FAA does not have any way of determining how many airplanes 
have an ``R'' stamped on both the left and right MLG wheel axle/piston 
tube support junction area end-piece and have these areas reworked, 
and, therefore already have the proposed AD action accomplished. The 
affected airplanes are no longer in production with few airplanes being 
operated in the United States. Since AD 87-03-10 provided the option of 
reworking the area on both the left and right MLG's as terminating 
action for the repetitive inspections, the FAA believes that most of 
the operators will have accomplished the rework and would not be 
affected by the proposed AD.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) if promulgated, 
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. A copy of the draft regulatory evaluation 
prepared for this action has been placed in the Rules Docket. A copy of 
it may be obtained by contacting the Rules Docket at the location 
provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:
    Authority: 49 USC 106(g), 40113, 44701.

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing Airworthiness Directive 
(AD) 87-03-10, Amendment 39-5524, and adding a new AD to read as 
follows:

Empresa Brasileira De Aeronautica S.A: Docket No. 96-CE-66-AD. 
Supersedes AD 87-03-10, Amendment 39-5524.

    Applicability: Models EMB-110P1 and EMB-110P2 airplanes, all 
serial numbers, certificated in any category, that do not have an 
``R'' stamped on both the left and right main landing gear (MLG) 
wheel axle/piston tube assembly end-piece.

    Note 1: Airplanes that have an ``R'' stamped on both the left 
and right MLG wheel axle/piston tube assembly end-piece either (1) 
have a design configuration that

[[Page 11386]]

does not meet the requirements of the unsafe condition specified in 
this document; or (2) already have both the left and right MLG wheel 
axle/piston tube support junction area reworked. EMBRAER Service 
Bulletin (SB) No.110-032-0071, Change No. 01, dated June 21, 1988, 
includes procedures for this rework, including stamping an ``R'' on 
both the left and right MLG wheel axle/piston tube assembly end-
piece.
    Note 2: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.
    Compliance: Required within the next 100 landings after the 
effective date of this AD, unless already accomplished.

    Note 3: If the number of landings is unknown, hours time-in-
service (TIS) may be used by multiplying the number of hours TIS by 
0.50. If hours TIS are utilized to calculate the number of landings, 
this would make the AD effective ``within the next 200 hours TIS 
after the effective date of this AD.''

    To prevent failure of a MLG wheel axle/piston tube assembly 
caused by fatigue cracking, which could result in loss of control of 
the airplane during landing operations, accomplish the following:
    (a) Inspect, using either eddy current, dye penetrant, or 
magnetic particle methods, the fillet area in both the left and 
right MLG wheel axle/piston support junction area for cracks in 
accordance with the instructions contained in EMBRAER SB No. 110-
032-0068, dated December 20, 1985. Included in this SB is ERAM SB 
No. 32-22, which includes procedures for accomplishing this 
inspection. If any cracks are found, prior to further flight, 
replace the MLG wheel axle/piston tube assembly with an uncracked 
assembly.
    (b) Visually inspect the fillet radius in both the left and 
right MLG wheel axle/piston tube support junction area to determine 
whether the profile requires rework. Accomplish the inspection in 
accordance with the instructions in ERAM SB No. 32-25, which is part 
of EMBRAER SB No. 110-032-0071, Change No. 01, dated June 21, 1988.
    (1) If the profile of the area of each MLG is like the one 
presented in image (A) Figure 1 of ERAM SB No. 32-25, which is part 
of EMBRAER SB No. 110-032-0071, Change No. 01, dated June 21, 1988, 
prior to further flight, polish the junction area using a fine grit 
abrasive cloth and stamp the letter ``R'' on the MLG wheel axle/
piston tube assembly end-pipe.
    (2) If the profile of the area of each MLG is like the one 
presented in image (B) Figure 1 of ERAM SB No. 32-25, which is part 
of EMBRAER SB No. 110-032-0071, Change No. 01, dated June 21, 1988, 
prior to further flight, accomplish the following in accordance with 
EMBRAER SB No. 110-032-0071, Change No. 01, dated June 21, 1988:
    (i) Rework each MLG wheel axle/piston tube support junction 
area;
    (ii) Polish each junction area using a fine grit abrasive cloth; 
and
    (iii) Stamp the letter ``R'' on each MLG wheel axle/piston tube 
assembly end-pipe.
    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Atlanta Aircraft Certification Office 
(ACO), Campus Building, 1701 Columbia Avenue, suite 2-160, College 
Park, Georgia 30337-2748. The request shall be forwarded through an 
appropriate FAA Maintenance Inspector, who may add comments and then 
send it to the Manager, Atlanta ACO. Alternative methods of 
compliance approved in accordance with AD 87-03-10 (superseded by 
this action) are not considered approved as alternative methods of 
compliance with this AD.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

    (e) All persons affected by this directive may obtain copies of 
the document referred to herein upon request to EMBRAER, Av. Brig 
Faira Lima 2170, 12227-901, Sao Jose dos Campos-SP, Brazil; or may 
examine this document at the FAA, Central Region, Office of the 
Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106.
    (f) This amendment supersedes AD 87-03-10, Amendment 39-5524.

    Issued in Kansas City, Missouri, on March 5, 1997.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 97-6088 Filed 3-11-97; 8:45 am]
BILLING CODE 4910-13-U