[Federal Register Volume 65, Number 108 (Monday, June 5, 2000)]
[Proposed Rules]
[Pages 35590-35592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14019]


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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: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain EMBRAER Model EMB-145 series 
airplanes, that would have required 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. That proposal was 
prompted by issuance of mandatory continuing airworthiness information 
by a foreign civil airworthiness authority. This new action revises the 
proposed rule by removing all references to Change No. 01 of the 
referenced service bulletin. The actions specified by this new proposed 
AD are intended to prevent failure of the maneuvering actuator piston 
rod of the MLG, which would impede retraction of the MLG and

[[Page 35591]]

consequent reduced controllability of the airplane.

DATES: Comments must be received by June 30, 2000.

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 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays. Comments may also be sent via the Internet using the 
following address: [email protected]. Comments sent via the 
Internet must contain ``Docket No. 99-NM-98-AD'' in the subject line 
and need not be submitted in triplicate.
    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: Satish Lall, 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) 703-6082; 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.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    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

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain EMBRAER Model EMB-145 series airplanes, was published as a 
notice of proposed rulemaking (NPRM) in the Federal Register on May 7, 
1999 (64 FR 24545). That NPRM would have required 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. That 
NPRM was prompted by issuance of mandatory continuing airworthiness 
information by a foreign civil airworthiness authority. That condition, 
if not corrected, could 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.

Actions Since Issuance of Previous Proposal

    Since the issuance of that NPRM, the FAA recognized that it 
inadvertently specified EMBRAER Service Bulletin 145-32-0031, Change 
No. 01, dated December 8, 1998, as an appropriate source of service 
information for accomplishing the requirements of the NPRM and for 
determining the affected airplanes. The Departmento de Aviacao Civil 
(DAC), which is the airworthiness authority for Brazil, only classified 
Change No. 02 of EMBRAER Service Bulletin 145-32-0031, dated February 
12, 1999, as mandatory. Change No. 02 of the service bulletin differs 
from Change No. 01 in that it incorporates additional affected actuator 
part numbers and serial numbers. Therefore, the FAA has removed all 
references to Change No. 01 of the subject service bulletin from the 
proposed AD.

Conclusion

    Since this change expands the scope of the originally proposed 
rule, the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

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 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 proposal would not have federalism implications 
under Executive Order 13132.
    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

[[Page 35592]]

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. 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, If Necessary

    (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. 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), FAA, Transport 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.

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 May 17, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-14019 Filed 6-2-00; 8:45 am]
BILLING CODE 4910-13-U