[Federal Register Volume 68, Number 250 (Wednesday, December 31, 2003)]
[Proposed Rules]
[Pages 75468-75469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32135]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 250 / Wednesday, December 31, 2003 / 
Proposed Rules  

[[Page 75468]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-85-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.

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 inspection of the 
housings of the main landing gear (MLG) leg strut bushings; repair of 
the housings if necessary; and replacement of the MLG leg strut 
bushings with new bushings. These actions are necessary to prevent 
corrosion of the housings of the MLG leg strut bushings and consequent 
failure of the MLG. This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by January 30, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-85-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-85-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: 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:

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-85-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-85-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Departamento 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 -145 series airplanes. The 
DAC advises that, during a sampling program inspection, corrosion was 
discovered on the housings of certain main landing gear (MLG) leg strut 
bushings due to water accumulation in the holes of those bushings. This 
condition, if not corrected, could result in failure of the MLG.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-32-0066, Change 01, dated 
August 15, 2002, which describes procedures for a detailed inspection 
of the housings of the main landing gear (MLG) leg strut bushings; 
repair of the housings if necessary; and replacement of the MLG leg 
strut bushings with new bushings without holes. Accomplishment of the 
actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition. The DAC classified this 
service bulletin as mandatory and issued Brazilian airworthiness 
directive 2002-12-01, effective January 6, 2003, 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

[[Page 75469]]

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 require accomplishment of 
the actions specified in the service bulletin described previously.

Cost Impact

    The FAA estimates that 75 airplanes of U.S. registry would be 
affected by this proposed AD.
    It would take approximately 7 work hour per airplane to accomplish 
the proposed inspection of the bushing housings for corrosion, at an 
average labor rate of $65 per work hour. Based on these figures, the 
cost impact of the proposed inspection on U.S. operators is estimated 
to be $34,125, or $455 per airplane.
    It would take approximately 7 work hours per airplane to accomplish 
the proposed replacement of the bushings, at an average labor rate of 
$65 per work hour. Required parts would cost approximately $250 per 
airplane. Based on these figures, the cost impact of the proposed 
replacement of bushings on U.S. operators is estimated to be $52,875, 
or $705 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has accomplished any of the proposed requirements of 
this AD action, and that no operators would accomplish those actions in 
the future if this proposed 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-85-
AD.

    Applicability: Model EMB-135 and -145 series airplanes, 
certificated in any category, equipped with main landing gear (MLG) 
leg strut, part number (P/N) 2309-3002-501 through 2309-3002-508 
inclusive, and 2309-2002-501 through 2309-2002-510 inclusive.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent corrosion of the housings of the main landing gear 
(MLG) leg strut bushings and consequent failure of the MLG, 
accomplish the following:

Inspection and Repair of Housings

    (a) Within 5,500 flight hours after the effective date of this 
AD, perform a detailed inspection of the housings of the MLG leg 
strut bushings for corrosion per the Accomplishment Instructions of 
EMBRAER Service Bulletin 145-32-0066, Change 01, dated August 15, 
2002. If any corrosion is found, prior to further flight, repair the 
housings in accordance with the Accomplishment Instructions of the 
service bulletin.

    Note 1: 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.''

Replacement of Bushings

    (b) Within 5,500 flight hours after the effective date of this 
AD, replace the MLG leg strut bushing, P/N 2309-2022-001, with a new 
bushing without holes, in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-32-0066, Change 01, 
dated August 15, 2002.

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, is authorized to approve alternative methods 
of compliance for this AD.

    Note 2: The subject of this AD is addressed in Brazilian 
airworthiness directive 2002-12-01, effective January 6, 2003.


    Issued in Renton, Washington, on December 19, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-32135 Filed 12-30-03; 8:45 am]
BILLING CODE 4910-13-P