[Federal Register Volume 65, Number 65 (Tuesday, April 4, 2000)]
[Rules and Regulations]
[Pages 17586-17588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8018]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-203-AD; Amendment 39-11655; AD 2000-07-01]
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 supersedes 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 amendment also requires 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 amendment also limits the applicability of 
the existing AD. 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 
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 May 9, 2000.
    The incorporation by reference of EMBRAER Service Bulletin 145-32-
0036, dated February 1, 1999; and EMBRAER Service Bulletin 145-32-0037, 
dated February 12, 1999, as listed in the regulations, is approved by 
the Director of the Federal Register as of May 9, 2000.
    The incorporation by reference of EMBRAER Alert Service Bulletin 
145-32-A029, dated April 15, 1998, as listed in the regulations, was 
approved previously by the Director of the Federal Register as of July 
9, 1998 (63 FR 34274, June 24, 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: 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 98-13-34, 
amendment 39-10625 (63 FR 34274, June 24, 1998), which is applicable to 
all Empresa Brasileira de Aeronautica, S.A. (EMBRAER), Model EMB-145 
series airplanes, was published in the Federal Register on February 2, 
2000 (65 FR 4897). The action proposed to continue 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. The action also proposed to 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. Additionally, the 
action proposed to limit the applicability of the existing AD.

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

    There are approximately 66 airplanes of U.S. registry that will be 
affected by this AD.
    The actions that are currently required by AD 98-13-34, and 
continue to be required by this AD, will take approximately 4 work 
hours per 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 required in this AD action will 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 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 new 
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 a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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

[[Page 17587]]

Docket at the location provided under the caption ADDRESSES.

List of Subjects 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 removing amendment 39-10625 (63 FR 
34274, June 24, 1998), and by adding a new airworthiness directive 
(AD), amendment 39-11655, to read as follows:

2000-07-01 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-11655. Docket 99-NM-203-AD. Supersedes AD 98-13-34, 
Amendment 39-10625.
    Applicability: All 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 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.

Incorporation by Reference

    (f) Except as provided by paragraphs (a)(2)(ii) and (a)(3), the 
actions shall be done in accordance with EMBRAER Alert Service 
Bulletin 145-32-A029, dated April 15, 1998; EMBRAER Service Bulletin 
145-32-0036, dated February 1, 1999; or EMBRAER Service Bulletin 
145-32-0037, dated February 12, 1999; as applicable.
    (1) The incorporation by reference of EMBRAER Service Bulletin 
145-32-0036, dated February 1, 1999; and EMBRAER Service Bulletin 
145-32-0037, dated February 12, 1999; is approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51.
    (2) The incorporation by reference of EMBRAER Alert Service 
Bulletin 145-32-A029, dated April 15, 1998, was approved previously 
by the Director of the Federal Register as of July 9, 1998 (63 FR 
34274, June 24, 1998).
    (3) 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 directives 98-05-01, dated May 12, 1998, and 98-05-
01R1, dated July 8, 1999.


    (g) This amendment becomes effective on May 9, 2000.


[[Page 17588]]


    Issued in Renton, Washington, on March 27, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-8018 Filed 4-3-00; 8:45 am]
BILLING CODE 4910-13-P