[Federal Register Volume 68, Number 117 (Wednesday, June 18, 2003)]
[Rules and Regulations]
[Pages 36454-36455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15222]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-98-AD; Amendment 39-13196; AD 2003-12-11]
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 adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-145 series airplanes, that 
requires 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 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 maneuvering actuator piston rod of the MLG, 
which would impede retraction of the MLG, and consequent reduced 
controllability of the airplane.

DATES: Effective July 23, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 23, 2003.

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 Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-145 
series airplanes was published as a supplemental notice of proposed 
rulemaking (NPRM) in the Federal Register on June 5, 2000 (65 FR 
35590). That action proposed to 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request to Credit Work Done Per Earlier Service Bulletin Versions

    Several commenters request that the supplemental NPRM be revised to 
allow credit for work accomplished in accordance with the original 
version of EMBRAER Service Bulletin 145-32-0031, dated July 3, 1998; 
and Change 01, dated December 8, 1998. The commenters note that, if the 
inspection and related actions have been accomplished in accordance 
with either of those service bulletin versions, no additional work 
would be necessary to accomplish the actions specified in Change 02 of 
the service bulletin. The commenters suggest that failure to include 
this credit provision in the AD could unnecessarily require operators 
to request an alternative method of compliance to demonstrate 
compliance with the requirements of the AD.
    The FAA agrees. The procedures described in the original issue and 
Change 01 of EMBRAER Service Bulletin 145-32-0031 are essentially the 
same as those described in Change 02. Therefore, the original issue and 
Change 01 of the service bulletin are also acceptable for compliance 
with this AD. Paragraph (a) of this final rule has been revised 
accordingly.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Cost Impact

    The FAA estimates that 33 airplanes of U.S. registry will be 
affected by this proposed AD, that it will take approximately 1 work 
hour per airplane to accomplish the required actions, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of this AD on U.S. operators

[[Page 36455]]

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 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 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 Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-12-11 Empresa Brasileira de Aeronautica S.A. (Embraer): 
Amendment 39-13196. 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 
thepreceding 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. An inspection is also 
acceptable for compliance with the requirements of this AD if done 
in accordance with EMBRAER Service Bulletin 145-32-0031, dated July 
3, 1998; or Change 01, dated December 8, 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, 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 2: 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

    (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.

Incorporation by Reference

    (d) Unless otherwise specified in this AD, the actions must be 
done in accordance with EMBRAER Service Bulletin 145-32-0031, Change 
No. 02, dated February 12, 1999. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. 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 Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

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

Effective Date

    (e) This amendment becomes effective on July 23, 2003.

    Issued in Renton, Washington, on June 10, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-15222 Filed 6-17-03; 8:45 am]
BILLING CODE 4910-13-P