[Federal Register Volume 64, Number 88 (Friday, May 7, 1999)]
[Proposed Rules]
[Pages 24545-24546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11470]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-98-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-145 
series airplanes. This proposal would require a one-time ultrasonic 
inspection of the maneuvering actuator piston rod of the main landing 
gear (MLG) to ensure adequate wall thickness of the piston rods; and 
replacement of any discrepant piston rod with a new piston rod. This 
proposal is prompted by issuance of mandatory continuing airworthiness 
information by a foreign civil airworthiness authority. The actions 
specified by the proposed AD are intended to prevent failure of the 
maneuvering actuator piston rod of the MLG, which would impede 
retraction of the MLG and consequent reduced controllability of the 
airplane.

DATES: Comments must be received by June 7, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-98-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.

    The service information referenced in the proposed rule 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.

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:

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 shall 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 summarizing 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 Number 99-NM-98-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 99-NM-98-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, recently notified the FAA that an unsafe 
condition may exist on certain EMBRAER Model EMB-145 series airplanes. 
The DAC advises that that it has received a report indicating that, due 
to a deviation in a manufacturing process, certain maneuvering actuator 
piston rods for the main landing gear (MLG) may have been delivered 
with reduced wall thickness. This condition, if not corrected, would 
result in failure of the maneuvering actuator piston rod of the MLG, 
which would impede retraction of the MLG and consequent reduced 
controllability of the airplane.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-32-0031, Change No. 01, 
dated December 8, 1998, and Change No. 02, dated February 12, 1999, 
which describe procedures for a one-time ultrasonic inspection of the 
maneuvering actuator piston rods of the MLG to ensure adequate wall 
thickness of the piston rods; and replacement of any discrepant piston 
rod with a new piston rod.

    The DAC classified this service bulletin as mandatory and issued 
Brazilian airworthiness directive 98-09-01 R1, dated March 15, 1999, 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 Proposed 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, the proposed AD would require a one-time 
ultrasonic inspection of the maneuvering actuator piston rod of the MLG 
to ensure adequate wall thickness of the piston rods; and replacement 
of any discrepant piston rod with a new piston rod. The actions would 
be required to be accomplished in accordance with the service bulletin 
described previously.

[[Page 24546]]

Cost Impact

    The FAA estimates that 33 EMBRAER Model EMB-145 series airplanes of 
U.S. registry would be affected by this proposed AD, that it would take 
approximately 1 work hour per airplane to accomplish the proposed 
actions, and that the average labor rate is $60 per work hour. Based on 
these figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $1,980, or $60 per airplane.

    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed 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 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 proposed 
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) 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 is contained 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 U.S.C. 106(g), 40113, 44701.

Sec. 39.13  [Amended]

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

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 99-NM-98-
AD.


    Applicability: Model EMB-145 series airplanes, equipped with 
main landing gear maneuvering actuators, part and serial numbers as 
listed in EMBRAER Service Bulletin 145-32-0031, Change No. 01, dated 
December 8, 1998, and Change No. 02, dated February 12, 1999; 
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 maneuvering actuator piston rod of the 
main landing gear (MLG), which would impede retraction of the MLG 
and consequent reduced controllability of the airplane; accomplish 
the following:

Ultrasonic Inspection and Replacement

    (a) Within the next 100 landings after the effective date of 
this AD, perform an ultrasonic inspection of the maneuvering 
actuator piston rods of the MLG to ensure adequate wall thickness of 
the piston rods, in accordance with EMBRAER Service Bulletin 145-32-
0031, Change No. 01, dated December 8, 1998, or Change No. 02, dated 
February 12, 1999.

    (1) If the thickness of any measurement point in any piston rod 
is greater than 2.0 mm (.079 inch), no further action is required by 
this AD.

    (2) If the thickness of any measurement point in any piston rod 
is from 1.5 mm (.059 inch) to 2.0 mm (.079 inch): Within 500 
landings after the effective date of this AD, replace the piston rod 
with a new rod having the correct part number as specified in the 
service bulletin.

    (3) If the thickness of any measurement point in any piston rod 
is less than 1.5 mm (.059 inch): Within 50 landings after the 
effective date of this AD, replace the piston rod with a new rod 
having the correct part number as specified in the service bulletin.

Alternative Methods of Compliance

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

Special Flight Permits

    (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.


    Note 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 98-09-01 R1, dated March 15, 1999.


    Issued in Renton, Washington, on April 30, 1999.
D. L. Riggin,
Acting Manager,
Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 99-11470 Filed 5-6-99; 8:45 am]
BILLING CODE 4910-13-V