[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Proposed Rules]
[Pages 282-284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-47]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-165-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 replacement of 
the nose landing gear wheel nuts and associated inner and outer seals; 
and reidentification of the landing gear strut. This action is 
necessary to prevent separation of the wheels from the nose landing 
gear due to the failure of the outer wheel bearings, and consequent 
loss of control of the airplane during takeoff and landing. This action 
is intended to address the identified unsafe condition.

DATES: Comments must be received by February 4, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-165-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. 2002-NM-165-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 or 2000 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: Todd Thompson, Aerospace Engineer; 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; 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

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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 2002-NM-165-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. 2002-NM-165-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 it has received reports that the outer wheel bearings 
of certain nose landing gear wheels have failed. This condition, if not 
corrected, could result in separation of the wheels from the nose 
landing gear strut and consequent loss of control of the airplane 
during takeoff and landing.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-32-0068, Change 04, dated 
January 20, 2003; and Service Bulletin 145LEG-32-0006, Change 01, dated 
January 20, 2003; which describe procedures for replacement of the nose 
landing gear wheel nuts and the associated inner and outer seals; and 
reidentification of the landing gear strut. Accomplishment of the 
actions specified in the service bulletins is intended to adequately 
address the identified unsafe condition. The DAC classified these 
service bulletins as mandatory and issued Brazilian airworthiness 
directive 2002-03-01R2, dated April 22, 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 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 bulletins described previously.

Cost Impact

    The FAA estimates that 365 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 $65 per work hour. Required parts would be 
provided free of charge by the airplane manufacturer. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $23,725, or $65 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 2002-NM-
165-AD.

    Applicability: Model EMB-135 and -145 series airplanes having 
serial numbers (S/N) 145003 through 145373, 146375, 145377 through 
145391 inclusive, and 145393 through 145408 inclusive; certificated 
in any category; equipped with nose landing gear struts, part number 
(P/N) 1170C0000-01 (including all modifications), P/N 1170C0000-02, 
or P/N 1170C0000-03.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent separation of the wheels from the nose landing gear 
due to the failure of the outer wheel bearings, and consequent loss 
of control of the airplane during takeoff and landing, accomplish 
the following:

Replacement and Reidentification

    (a) Within 12 months from the effective date of this AD, replace 
the nose landing gear

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wheel nuts, P/N 1170-0007, with new wheel nuts, P/N 170-0082; the 
associated inner and outer seals, P/N 68-1157 or P/N 72-290, with 
new seals, P/N 68-1498; and reidentify the struts; in accordance 
with the Accomplishment Instructions of EMBRAER Service Bulletin 
145-32-0068, Change 04, dated January 20, 2003; or EMBRAER Service 
Bulletin 145LEG-32-0006, Change 01, dated January 20, 2003; as 
applicable.
    (b) Actions accomplished before the effective date of this AD 
per EMBRAER Service Bulletins as listed in the following table are 
considered acceptable for compliance with the corresponding actions 
specified in this AD:

                                            Table--Service Bulletins
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        EMBRAER Service Bulletin                Change level                             Date
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145-32-0068............................  Original..................  May 4, 2001.
145-32-0068............................  01........................  January 14, 2002.
145-32-0068............................  02........................  April 16, 2002.
145-32-0068............................  03........................  November 25, 2002.
145LEG-32-0006.........................  Original..................  November 26, 2002.
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Parts Installation

    (c) As of the effective date of this AD, no person may install 
nose landing gear wheel nuts, P/N 1170-0007, or the associated inner 
and outer seals, P/N 68-1157 or P/N 72-290, on any airplane.

Alternative Methods of Compliance

    (d) 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 1: The subject of this AD is addressed in Brazilian 
airworthiness directive 2002-03-01R2, dated April 22, 2003.


    Issued in Renton, Washington, on December 29, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-47 Filed 1-2-04; 8:45 am]
BILLING CODE 4910-13-P