[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Rules and Regulations]
[Pages 24940-24941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10018]



[[Page 24940]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-165-AD; Amendment 39-13604; AD 2004-09-15]
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: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain EMBRAER Model EMB-135 and EMB-145 series 
airplanes, that requires 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: Effective June 9, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 9, 2004.

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 National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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: 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-135 and 
EMB-145 series airplanes was published in the Federal Register on 
January 5, 2004 (69 FR 282). That action proposed to require 
replacement of the nose landing gear wheel nuts and associated inner 
and outer seals; and reidentification of the landing gear strut.

Comments

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

Request To Add Replacement Seal Assembly

    One commenter requests that replacement seal assembly part number 
(P/N) AEC-68-1498 be added to paragraph (a) of the proposed AD. The 
commenter states that Aviation Engineering Consultants, Inc. (AECI) has 
introduced an approved replacement seal assembly P/N AEC-68-1498 per 
Parts Manufacturer Approval (PMA) No. PQ1685CE, dated September 30, 
2002. The commenter notes that P/N AEC-68-1498 is an FAA approved 
alternative to the P/N 68-1498 seal assembly. The commenter contends 
that P/N AEC-68-1498 should either be included in paragraph (a) of the 
proposed AD or be considered an alternative method of compliance (AMOC) 
for the proposed AD.
    The FAA does not agree to add replacement seal assembly P/N AEC-68-
1498 to paragraph (a) of the final rule. We recognize that there may be 
acceptable alternative parts to the manufacturer's specified part 
(i.e., P/N 68-1498). We consider that the appropriate process for 
authorizing the use of an alternative replacement part to correct an 
unsafe condition to be per the provisions of paragraph (d) of the final 
rule. As stated in paragraph (d) of the final rule, an individual may 
submit a request for approval of the installation of a replacement seal 
assembly, such as the one to which the commenter refers, as an AMOC to 
the final rule. The request should include adequate data to justify 
that installation of a replacement seal assembly will provide an 
acceptable level of safety. No change to the final rule is necessary in 
this regard.

Explanation of Editorial Change

    The title of Table 1 in paragraph (b) of the final rule has also 
been revised to indicate the content of the table: ``Table 1--Service 
Bulletins Considered Acceptable for Compliance.''

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 changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 365 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required actions, and that the average labor 
rate is $65 per work hour. Required parts will be provided free of 
charge by the airplane manufacturer. Based on these figures, the cost 
impact of the 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 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.

[[Page 24941]]

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:

2004-09-15 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-13604. 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 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 1.--Service Bulletins Considered Acceptable for Compliance
------------------------------------------------------------------------
  EMBRAER service bulletin      Change level              Date
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

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.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions shall be 
done in accordance with the following EMBRAER Service Bulletins, as 
applicable:

                                     Table 2.--Applicable Service Documents
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                                                      Change level shown on
           Service bulletin             Page Nos.           the page                  Date shown on page
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EMBRAER Service Bulletin 145-32-0068,          1-2  04......................  January 20, 2003.
 Change 04, January 20, 2003.
                                              3-19  01......................  January 14, 2002.
EMBRAER Service Bulletin 145LEG-32-            1-2  01......................  January 20, 2003.
 0006, Change 01, dated January 20,
 2003.
                                              3-19  Original................  November 26, 2002.
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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 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or 
go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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

Effective Date

    (f) This amendment becomes effective on June 9, 2004.

    Issued in Renton, Washington, on April 26, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10018 Filed 5-4-04; 8:45 am]
BILLING CODE 4910-13-P