[Federal Register Volume 68, Number 51 (Monday, March 17, 2003)]
[Proposed Rules]
[Pages 12615-12618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6259]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-04-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and EMB-145 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

[[Page 12616]]


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-135 and 
EMB-145 series airplanes. This proposal would require a one-time 
inspection of the trailing arm cardan of each main landing gear (MLG) 
to identify a certain part number; a one-time inspection of certain 
trailing arm cardans to detect cracking, if necessary; and replacement 
of incorrect trailing arm cardans with cardans having a certain part 
number. This action is necessary to ensure that correct trailing arm 
cardans of the MLGs are installed. Installation of affected cardans 
could lead to accelerated fatigue cracking, which, if not detected and 
corrected in a timely manner, could cause the cardan(s) to fracture, 
resulting in consequent failure of the MLG(s). This action is intended 
to address the identified unsafe condition.

DATES: Comments must be received by April 16, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-04-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 be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2003-NM-04-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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.

FOR FURTHER INFORMATION CONTACT: Robert D. Breneman, Aerospace 
Engineer, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; 
telephone (425) 227-1263; fax (425) 227-1149.

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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2003-NM-04-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. 2003-NM-04-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified the FAA that an unsafe condition may 
exist on certain EMBRAER Model EMB-135 and EMB-145 series airplanes. 
The DAC advises that, during a sampling program, fatigue cracks were 
found on certain trailing arm cardans of the main landing gears (MLG). 
This condition, if not detected and corrected in a timely manner, could 
cause the cardan to fracture, resulting in consequent failure of the 
affected MLG.

Explanation of Relevant Service Information

    EMBRAER has issued Alert Service Bulletin 145-32-A080, Change 01, 
dated August 22, 2002. This alert service bulletin describes procedures 
for a one-time detailed inspection to detect cracking of the trailing 
arm cardan of each MLG, and replacement of trailing arm cardans having 
part number (P/N) 2309-2041-001 with new cardans having P/N 2309-2041-
401 or 2309-2041-003.
    Alert Service Bulletin 145-32-A080, Change 01, refers to EMBRAER 
Service Bulletin 145-32-0035, Change 01, dated November 10, 1999, as an 
additional source of service information for replacement of subject 
trailing arm cardans with cardans having P/N 2309-2041-003.
    Accomplishment of the actions specified in EMBRAER Alert Service 
Bulletin 145-32-A080, Change 01, dated August 22, 2002, is intended to 
adequately address the identified unsafe condition. The DAC classified 
EMBRAER Alert Service Bulletin 145-32-A080, Change 01, as mandatory and 
issued Brazilian emergency airworthiness directive 2002-08-01, dated 
August 28, 2002, in order to assure the continued airworthiness of 
these airplanes in Brazil.

FAA's Conclusions

    These airplane models are manufactured in Brazil and are 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 these type designs 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 
inspection of the trailing arm cardan of each MLG to identify cardans 
having a certain part number which are

[[Page 12617]]

subject to accelerated fatigue cracking. For certain airplanes, this AD 
would also require a detailed inspection to detect cracking of the 
trailing arm cardan of each MLG, and replacement of the cardan with a 
new cardan. The detailed inspection and replacement would be required 
to be accomplished in accordance with EMBRAER Alert Service Bulletin 
145-32-A080, Change 01, described previously.

Differences Between Proposed AD and Brazilian Airworthiness Directive

    Operators should note that the applicability of the parallel 
Brazilian airworthiness directive affects, in part, Model EMB-135ER/LR 
and EMB-145 series airplanes equipped with certain MLG struts, except 
for certain struts modified by EMBRAER Service Bulletin 145-32-0035, 
original issue, or further revisions approved by the DAC. The affected 
trailing arm cardans (P/N 2309-2041-001) were originally installed 
during production only on airplanes having serial numbers (S/N) 145004 
through 145087 inclusive. However, because MLGs are interchangeable on 
these airplane models, there is a possibility that airplanes having S/N 
145001 through 145003 inclusive, and 145088 through 145617 inclusive, 
may have an MLG with the subject trailing arm cardan that was installed 
by operators during normal maintenance. Therefore, the applicability of 
this proposed AD includes airplanes having S/N 145001 through 145617 
inclusive. We have determined that a one-time inspection of the 
trailing arm cardan of each MLG to identify affected cardans is 
necessary on those airplanes.
    We have received verification that the affected cardans installed 
during production have already been removed from U.S.-registered 
airplanes and MLGs in stock. Therefore, we have extended the compliance 
time for this inspection (intended to also identify affected cardans 
installed during normal maintenance) to within 45 days after the 
effective date of this AD, instead of within 7 days, as required by the 
Brazilian airworthiness directive.
    These issues have been coordinated and concurred with by the DAC.

Cost Impact

    The FAA estimates that 401 Model EMB-135 and 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 $24,060, 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. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

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 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 2003-NM-04-
AD.

    Applicability: Model EMB-135 and EMB-145 series airplanes having 
serial numbers (S/N) 145001 through 145617 inclusive; 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 (e) 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 ensure that correct trailing arm cardan of each main landing 
gear (MLG) are installed, accomplish the following:

Identification of Certain Part Number (P/N)

    (a) Within 45 days after the effective date of this AD: Perform 
a one-time inspection of the trailing arm cardans of the MLGs to 
identify cardans having P/N 2309-2041-001.

Corrective Actions

    (b) If any trailing arm cardan having P/N 2309-2041-001 is found 
installed during the inspection required by paragraph (a) of this 
AD: Prior to further flight, perform a detailed inspection to detect 
cracking of that trailing arm cardan of the MLG, per ``Part I'' of 
the Accomplishment Instructions of EMBRAER Alert Service Bulletin 
145-32-A080, Change 01, dated August 22, 2002.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

    (1) If no cracking is detected: Within 60 days or 500 flight 
hours after the effective date of this AD, whichever occurs first, 
replace the trailing arm cardan of the MLG with a new cardan having 
P/N 2309-2041-401 or 2309-2041-003, per ``Part II'' of the 
Accomplishment Instructions of the alert service bulletin.
    (2) If any cracking is detected: Prior to further flight, 
replace the trailing arm cardan of the MLG with a new cardan having 
P/N 2309-2041-401 or 2309-2041-003, per ``Part II'' of the 
Accomplishment Instructions of the alert service bulletin.


[[Page 12618]]


    Note 3: EMBRAER Alert Service Bulletin 145-32-A080, Change 01, 
dated August 22, 2002, refers to EMBRAER Service Bulletin 145-32-
0035, Change 01, dated November 10, 1999, as an additional source of 
service information for replacement of subject trailing arm cardans 
with cardans having P/N 2309-2041-003.

Previously Accomplished Inspection and Replacement

    (c) Inspection and replacement accomplished prior to the 
effective date of this AD per EMBRAER Alert Service Bulletin 145-32-
A080, dated August 16, 2002, are acceptable for compliance with the 
actions required by paragraph (b) of this AD.

Parts Installation

    (d) As of the effective date of this AD, no person shall install 
a trailing arm cardan, P/N 2309-2041-001, on any airplane.

Alternative Methods of Compliance

    (e) 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, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (f) 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 
emergency airworthiness directive 2002-08-01, dated August 28, 2002.


    Issued in Renton, Washington, on March 11, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-6259 Filed 3-14-03; 8:45 am]
BILLING CODE 4910-13-P