[Federal Register Volume 63, Number 121 (Wednesday, June 24, 1998)]
[Rules and Regulations]
[Pages 34274-34276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16497]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-181-AD; Amendment 39-10625; AD 98-13-34]
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; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to all EMBRAER Model EMB-145 series airplanes. This 
action requires repetitive emergency extension (free-fall) functional 
tests of the nose landing gear (NLG), and lubrication of all NLG hinge 
points, to ensure that the NLG extends and locks down properly; and 
corrective action, if necessary. This amendment is prompted by issuance 
of mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified in this AD are intended 
to prevent failure of the NLG to extend and lock down properly, which 
could result in damage to the airplane structure, and consequent 
reduced controllability of the airplane upon landing.

DATES: Effective July 9, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 9, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before July 24, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-181-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    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 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.

FOR FURTHER INFORMATION CONTACT: Curtis 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: The Departmento de Aviacao Civil (DAC), 
which is the airworthiness authority for Brazil, recently notified the 
FAA that an unsafe condition may exist on all EMBRAER Model EMB-145 
series airplanes. The DAC advises that it has received a report 
indicating that the nose landing gear (NLG) on a Model EMB-145 series 
airplane failed to extend and lock down upon landing, even after 
accomplishment of the procedures for abnormal emergency landing gear 
extension by the override switch and free-fall mechanism. As a result, 
the airplane landed with the NLG not fully locked in the down position, 
which resulted in minor damage to the airplane structure. The exact 
cause of the failure of the NLG to extend and lock down properly has 
not been determined at this time. This condition, if not corrected, 
could result in damage to the airplane structure, and consequent 
reduced controllability of the airplane upon landing.

Explanation of Relevant Service Information

    EMBRAER has issued Alert Service Bulletin 145-32-A029, dated April 
15, 1998, which describes procedures for performing repetitive 
emergency extension (free-fall) functional tests of the NLG, and 
lubrication of all NLG hinge points, to ensure that the NLG extends and 
locks down properly; and corrective action, if necessary. Corrective 
actions include performing a normal system functional test of the NLG 
for five cycles, and repeating the emergency extension functional test 
of the NLG.
    EMBRAER Alert Service Bulletin 145-32-A029, dated April 15, 1998, 
references two chapters in the EMBRAER Aircraft Maintenance Manual 
(AMM) as additional sources of information to accomplish the functional 
test procedures. Chapter 32-34-00 of the AMM describes procedures for 
the emergency extension (free-fall) functional test, and Chapter 32-30-
00 of the AMM describes procedures for the normal system functional 
extension test.
    The DAC classified this alert service bulletin as mandatory and 
issued

[[Page 34275]]

Brazilian airworthiness directive 98-05-01, dated May 12, 1998, in 
order to assure the continued airworthiness of these airplanes in 
Brazil.

FAA's Conclusions

    This airplane model is manufactured in Brazil and is 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. The FAA has examined the findings of the 
DAC, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, this AD is being issued to prevent failure of the 
NLG to extend and lock down properly, which could result in damage to 
the airplane structure, and consequent reduced controllability of the 
airplane upon landing. This AD requires accomplishment of the actions 
specified in the alert service bulletin described previously, except as 
described below.

Differences Between the AD and the Relevant Service Information

    Operators should note that, although the alert service bulletin 
recommends accomplishment of the emergency extension functional test of 
the NLG and lubrication of the NLG within 100 flight hours (after the 
release of the alert service bulletin), the FAA has determined that an 
interval of 50 flight hours after the effective date of this AD is a 
more appropriate compliance time for this AD. In consonance with the 
DAC, the FAA has determined that, because of the safety implications 
and consequences of possible failure of the NLG to extend and lock down 
properly upon landing, it is necessary to require a shorter compliance 
time to ensure the continued operational safety of the fleet.
    Operators also should note that the Brazilian airworthiness 
directive and the EMBRAER alert service bulletin specify that if any 
discrepancy is found on an airplane, it should be reported immediately 
to the manufacturer to await instructions before the airplane is 
returned to service. However, in light of the type of corrective action 
required to address the identified unsafe condition, and in consonance 
with existing bilateral airworthiness agreements, the FAA has 
determined that for this AD, corrective action approved by either the 
FAA or the DAC (or its delegated agent) is acceptable for compliance 
with this AD.
    In addition, operators should note that the alert service bulletin 
specifies that corrective actions be accomplished if the NLG extension 
time exceeds by more than 10 seconds the time limit specified in 
EMBRAER AMM, chapter 32-34-00. However, the FAA has determined that an 
additional 10-second time limit is not appropriate, and that it is 
necessary to limit the time allowed for the functional test to a 30-
second total time limit to ensure continued operational safety of the 
fleet.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 98-NM-181-AD.'' The postcard will be date stamped and 
returned to the commenter.

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 
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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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.

[[Page 34276]]

Sec. 39.13  [Amended]

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

98-13-34  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-10625. Docket 98-NM-181-AD.

    Applicability: All Model EMB-145 series airplanes, 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 (b) 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 failure of the nose landing gear (NLG) to extend and 
lock down properly, which could result in damage to the airplane 
structure, and consequent reduced controllability of the airplane 
upon landing, accomplish the following:
    (a) Within 50 flight hours after the effective date of this AD, 
perform an emergency extension (free-fall) functional test of the 
NLG, to ensure that the mechanism extends and locks down properly, 
in accordance with EMBRAER Alert Service Bulletin 145-32-A029, dated 
April 15, 1998. Repeat the functional test and lubrication 
procedures thereafter at intervals not to exceed every ``A'' check, 
but no later than 400 flight cycles.

    Note 2: The alert service bulletin references EMBRAER Aircraft 
Maintenance Manual (AMM), Chapter 32-34-00, as an additional source 
of service information for accomplishment of the emergency extension 
functional test.

    (1) If the extension time of the landing gear is within 30 
seconds, prior to further flight, lubricate all NLG hinge points in 
accordance with Figure 1 of the Accomplishment Instructions of the 
alert service bulletin.
    (2) If the extension time of the landing gear exceeds 30 
seconds, prior to further flight, accomplish the requirements of 
paragraphs (a)(2)(i) and (a)(2)(ii) of this AD.
    (i) Lubricate all NLG hinge points in accordance with Figure 1 
of the Accomplishment Instructions of the alert service bulletin. 
And
    (ii) Perform a normal system functional test of the NLG for five 
cycles, and repeat the emergency extension functional test specified 
by paragraph (a) of this AD. If the extension and locking time still 
exceeds 30 seconds, prior to further flight, repair in accordance 
with a method approved by either the Manager, Atlanta Aircraft 
Certification Office (ACO), FAA, Small Airplane Directorate, or the 
Departmento de Aviacao Civil (DAC) (or its delegated agent).

    Note 3: The alert service bulletin references EMBRAER AMM, 
Chapter 32-30-00, as an additional source of service information for 
accomplishment of the normal system functional test.

    (3) If any malfunction other than that specified in paragraph 
(a)(2) of this AD is detected, prior to further flight, repair in 
accordance with a method approved by the Manager, Atlanta ACO, or 
the DAC (or its delegated agent).
    (b) 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 ACO. 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 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

    (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) The tests and lubrication shall be done in accordance with 
EMBRAER Alert Service Bulletin 145-32-A029, dated April 15, 1998. 
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 5: The subject of this AD is addressed in Brazilian 
airworthiness directive 98-05-01, dated May 12, 1998.
    (e) This amendment becomes effective on July 9, 1998.
    Issued in Renton, Washington, on June 16, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-16497 Filed 6-23-98; 8:45 am]
BILLING CODE 4910-13-U