[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Rules and Regulations]
[Pages 30118-30119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14220]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-279-AD; Amendment 39-10555; AD 98-11-30]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-145 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-145 series airplanes, that 
requires inspection of the main landing gear (MLG) bushing seats to 
detect cracks, and repair of the bushing hole or replacement of strut 
bushings with new bushings, if necessary. This amendment also requires 
replacement of the plain bearings of the MLG shock absorber with new 
bearings. This amendment is prompted by issuance of mandatory 
continuing airworthiness information by a foreign civil airworthiness 
authority. The actions specified by this AD are intended to prevent 
structural failure of the MLG due to fatigue cracking of the strut 
bushing seat.

DATES: Effective July 8, 1998. The incorporation by reference of 
certain publications listed in the regulations is approved by the 
Director of the Federal Register as of July 8, 1998.

ADDRESSES: The service information referenced in this AD may be 
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. 
Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil. This information 
may be examined at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Small Airplane Directorate, 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.

FOR FURTHER INFORMATION CONTACT: Curtis A. Jackson, Aerospace Engineer, 
Airframe and Propulsion Branch, ACE-117A, FAA, Small Airplane 
Directorate, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone 
(770) 703-6083; fax (770) 703-6097.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-145 
series airplanes was published in the Federal Register on April 2, 1998 
(63 FR 16170). That action proposed to require inspection of the main 
landing gear (MLG) bushing seats to detect cracks, and repair of the 
bushing hole or replacement of strut bushings with new bushings, if 
necessary. That action also proposed to require replacement of the 
plain bearings of the MLG shock absorber with new bearings.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 9 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required inspections, and that the average 
labor rate is $60 per work hour. Based on these figures, the cost 
impact of the inspections required by this AD on U.S. operators is 
estimated to be $540, or $60 per airplane.
    The FAA estimates that it will take approximately 6 work hours per 
airplane to accomplish the required replacement of the plain bearings, 
at an average labor rate of $60 per work hour. Required parts will be 
provided by the manufacturer at no cost to operators. Based on these 
figures, the cost impact of the replacement required by this AD on U.S. 
operators is estimated to be $3,240, or $360 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.

Regulatory Impact

    The regulations adopted herein will 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

[[Page 30119]]

accordance with Executive Order 12612, it is determined that this final 
rule does 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) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    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:

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. Section 39.13 is amended by adding the following new 
airworthiness directive:

98-11-30  Empresa Brasileira De Aeronautica S.A. (Embraer):  
Amendment 39-10555. Docket 97-NM-279-AD.

    Applicability: Model EMB-145 series airplanes, serial numbers 
145004 through 145018 inclusive, certificated in any category.

    Note 1: 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 (c) 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 as indicated, unless accomplished 
previously.
    To prevent structural failure of the main landing gear (MLG) due 
to fatigue cracking of the strut bushing seat, accomplish the 
following:
    (a) Prior to the accumulation of 2,000 total flight cycles, or 
within 100 flight cycles after the effective date of this AD, 
whichever occurs later, accomplish paragraphs (a)(1), (a)(2), and 
(a)(3) of this AD.
    (1) Perform a one-time liquid penetrant inspection to detect 
cracking of the flanged bushing seats of the MLG, in accordance with 
EMBRAER Service Bulletin 145-32-0012, dated September 1, 1997. If 
any crack is found, prior to further flight, repair in accordance 
with a method approved by the Manager, Atlanta Aircraft 
Certification Office (ACO), FAA, Small Airplane Directorate.
    (2) Perform a one-time inspection of the bushing holes using a 
bore micrometer to determine the dimension of the holes, in 
accordance with EMBRAER Service Bulletin 145-32-0012, dated 
September 1, 1997. Prior to further flight, accomplish paragraph 
(a)(2)(i) or (a)(2)(ii) of this AD, as applicable.
    (i) If the dimension of the bushing hole is less than 49.2 mm, 
perform the applicable corrective actions specified in the service 
bulletin.
    (ii) If the dimension of the bushing hole is greater than or 
equal to 49.2 mm, repair in accordance with a method approved by the 
Manager, Atlanta ACO.
    (3) Replace the plain bearing of the MLG shock absorber with a 
new bearing in accordance with EMBRAER Service Bulletin 145-32-0009, 
dated September 1, 1997.
    (b) As of the effective date of this AD, no person shall install 
a plain bearing having part number ABC24VG (NMB) on the shock 
absorber of the MLG of any airplane.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Atlanta Aircraft Certification 
Office (ACO), FAA, Small Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Atlanta ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

    (d) 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.
    (e) The actions shall be done in accordance with EMBRAER Service 
Bulletin 145-32-0012, dated September 1, 1997, and EMBRAER Service 
Bulletin 145-32-0009, dated September 1, 1997. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. 
Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the FAA, Small Airplane 
Directorate, 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.

    Note 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 97-10-02, dated October 13, 1997.

    (f) This amendment becomes effective on July 8, 1998.

    Issued in Renton, Washington, on May 22, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-14220 Filed 6-2-98; 8:45 am]
BILLING CODE 4910-13-U