[Federal Register Volume 65, Number 22 (Wednesday, February 2, 2000)]
[Proposed Rules]
[Pages 4897-4900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2092]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-203-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 supersedure of an existing 
airworthiness directive (AD), applicable to all Empresa Brasileira de 
Aeronautica, S.A. (EMBRAER), Model EMB-145 series airplanes, that 
currently 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 action would 
require a terminating modification that includes replacement of the NLG 
door solenoid valve with an improved valve; replacement of the landing 
gear (LG) safety pins holder with an improved holder; and replacement 
of the NLG maneuvering actuator with an improved actuator. This 
proposed action would also limit the applicability of the existing AD. 
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 NLG to extend and lock down properly, which could result 
in damage to the airplane structure, and consequent

[[Page 4898]]

reduced controllability of the airplane upon landing.

DATES:  Comments must be received by March 3, 2000.

ADDRESSES:  Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-203-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:  Rob Capezzuto, Aerospace Engineer, 
Systems and Flight Test Branch, ACE-116A, FAA, Small Airplane 
Directorate, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone 
(770) 703-6071; 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-203-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-203-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On June 16, 1998, the FAA issued AD 98-13-34, amendment 39-10625 
(63 FR 34274, June 24, 1998), applicable to all EMBRAER Model EMB-145 
series airplanes, to require 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. That action was prompted 
by a report indicating that the NLG on a Model EMB-145 series airplane 
failed to extend and lock down upon landing, even after accomplishment 
of procedures for abnormal emergency landing gear extension by the 
override switch and free-fall mechanism. The requirements of that AD 
are intended to prevent damage to the airplane structure, and 
consequent reduced controllability of the airplane upon landing.

Actions Since Issuance of Previous Rule

    The actions required by AD 98-13-34 were defined as interim actions 
until a permanent modification could be developed. Since the issuance 
of that AD, EMBRAER has determined that the unsafe condition can be 
eliminated by replacement of the NLG door solenoid valve with a new 
valve; replacement of the landing gear (LG) safety pins holder with a 
new holder; and by replacement of the NLG maneuvering actuator with a 
new actuator. The Departmento de Aviacao Civil (DAC), which is the 
airworthiness authority for Brazil, issued Brazilian airworthiness 
directive 98-05-01R1, dated July 8, 1999, to require these 
replacements.
    EMBRAER has advised the FAA that a new NLG door solenoid valve, 
safety pins, and safety pins holder have been installed during 
production on Model EMB-145 series airplanes having serial numbers (S/
N) 145001 through 145003 inclusive, and 145088 and subsequent. EMBRAER 
has also advised the FAA that a new NLG maneuvering actuator has been 
installed during production for Model EMB-145 airplanes S/N 145001 
through 145003 inclusive, 145104, and 145107 and subsequent. Therefore, 
only Model EMB-145 series airplanes, S/N 145004 through 145103 
inclusive, 145105, and 145106 are subject to the unsafe condition.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-32-0036, dated February 1, 
1999, which describes procedures for replacing the NLG door solenoid 
valve with a new valve; and replacement of the LG safety pins holder 
with a new holder.
    EMBRAER also has issued Service Bulletin 145-32-0037, dated 
February 12, 1999, which describes procedures for replacing the NLG 
maneuvering actuator with a new actuator.
    The DAC classified these service bulletins as mandatory and issued 
Brazilian airworthiness directive 98-05-01R1, dated July 8, 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 supersede AD 98-13-34 to 
continue to require actions specified in that AD. This proposed AD 
would also require accomplishment of the actions specified in the 
service bulletins described previously.

Cost Impact

    There are approximately 66 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The actions that are currently required by AD 98-13-34, and 
continue to be required by this proposed AD, take approximately 4 work 
hours per

[[Page 4899]]

airplane to accomplish, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the currently required 
actions on U.S. operators is estimated to be $15,840, or $240 per 
airplane, per inspection cycle.
    The new replacements that are proposed in this AD action would take 
approximately 6 work hours (3 work hours per airplane for the solenoid/
holder replacement) and 3 work hours per airplane for the actuator 
replacement, at an average labor rate of $60 per work hour. EMBRAER and 
Libherr Aerospace Linberg have previously committed to supplying the 
necessary parts free of charge. Based on these figures, the cost impact 
of the proposed replacements required by this AD on U.S. operators is 
estimated to be $23,760, or $360 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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 removing amendment 39-10625 (63 FR 
34274, June 24, 1998), and by adding a new airworthiness directive 
(AD), to read as follows:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 99-NM-203-
AD. Supersedes AD 98-13-34, Amendment 39-10625.

    Applicability: Model EMB-145 series airplanes, serial numbers 
145004 through 145103 inclusive, 145105, and 145106; 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 (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 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:

Restatement of Requirements of AD 98-13-34, Amendment 39-10625

Functional Test

    (a) Within 50 flight hours after July 9, 1998 (the effective 
date of AD 98-13-34, amendment 39-10625), 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).

New Requirements of this AD

Terminating Modification

    (b) Within 2,000 flight hours after the effective date of this 
AD, accomplish paragraphs (b)(1) and (b)(2) of this AD. 
Accomplishment of paragraphs (b)(1) and (b)(2) of this AD 
constitutes terminating action for the requirements of paragraph (a) 
of this AD.
    (1) Replace the nose landing gear door solenoid valve, part 
number (P/N) 2225-0100-001, with a new valve, P/N 2225-0100-003; and 
replace the landing gear (LG) safety pins holder, P/N 145-27571-001, 
with a new holder, P/N 145-37912-001; in accordance with EMBRAER 
Service Bulletin 145-32-0036, dated February 1, 1999.
    (2) Replace the nose landing gear maneuvering actuator, P/N 
1300B0000-01, with a new actuator, P/N 1300B0000-02, in accordance 
with EMBRAER Service Bulletin 145-32-0037, dated February 12, 1999.

Spares

    (c) As of the effective date of this AD, no person shall install 
a nose landing gear door solenoid valve, P/N 2225-0100-001, a 
landing gear safety pins holder, P/N 145-27571-001, or a nose 
landing gear maneuvering actuator P/N 1300B0000-01, on any airplane.

Alternative Methods of Compliance

    (d) 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

[[Page 4900]]

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.

Special Flight Permits

    (e) 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 5:  The subject of this AD is addressed in Brazilian 
airworthiness directives 98-05-01, dated May 12, 1998, and 98-05-
01R1, dated July 8, 1999.


    Issued in Renton, Washington, on January 25, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-2092 Filed 2-1-00; 8:45 am]
BILLING CODE 4910-13-U