[Federal Register Volume 69, Number 149 (Wednesday, August 4, 2004)]
[Proposed Rules]
[Pages 47038-47040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17761]



[[Page 47038]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18752; Directorate Identifier 2004-NM-107-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 (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) for certain EMBRAER Model EMB-135 and EMB-145 series 
airplanes. That AD currently requires replacing the nose landing gear 
wheel nuts and associated inner and outer seals, and reidentifying the 
landing gear strut. This proposed AD would add an airplane to the 
applicability and revise a part number for a replacement part. This 
proposed AD is prompted by a report of an invalid part number for the 
new nose landing gear wheel nut. We are proposing this AD 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.

DATES: We must receive comments on this proposed AD by September 3, 
2004.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    You can get the service information identified in this proposed AD 
from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--
CEP 12.225, Sao Jose dos Campos--SP, Brazil.
    You may examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, on 
the plaza level of the Nassif Building, Washington, DC.

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:

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-18752; 
Directorate Identifier 2004-NM-107-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the Docket

    You may examine the AD docket in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the DOT street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after the DMS 
receives them.

Discussion

    On April 26, 2004, we issued AD 2004-09-15, amendment 39-13604 (69 
FR 24940, May 5, 2004), for certain EMBRAER Model EMB-135 and EMB-145 
series airplanes. That AD requires replacing the nose landing gear 
wheel nuts and associated inner and outer seals, and reidentifying the 
landing gear strut. That AD was prompted by reports that the outer 
wheel bearings of certain nose landing gear wheels have failed. We 
issued that AD 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.

Actions Since Existing AD Was Issued

    Since we issued AD 2004-09-15, we received a report indicating that 
a part number (P/N) in the AD was invalid. Due to a typographical 
error, paragraph (a) of that AD (specified as paragraph (f) of this 
proposed AD) specifies to replace the nose landing gear wheel nuts 
``with new wheel nuts, P/N 170-0082.'' P/N 170-0082 does not exist; the 
correct P/N is 1170-0082.
    In addition, there is a typographical error in the applicability of 
AD 2004-09-15. Serial number (S/N) 146375 does not exist; the correct 
S/N is 145375.

FAA's Determination and Requirements of the Proposed AD

    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

[[Page 47039]]

kept the FAA informed of the situation described above. We have 
examined the DAC's findings, evaluated all pertinent information, and 
determined that AD action is necessary for airplanes of this type 
design that are certificated for operation in the United States.
    Therefore, we are proposing this AD, which would supersede AD 2004-
09-15 to continue to require replacing the nose landing gear wheel nuts 
and associated inner and outer seals, and reidentifying the landing 
gear strut. This proposed AD also would add an airplane to the 
applicability and revise a part number for a replacement part. The 
proposed AD would require you to use the service information described 
in AD 2004-09-15 to perform these actions.

Change to Existing AD

    This proposed AD would retain certain requirements of AD 2004-09-
15. Since AD 2004-09-15 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                           Corresponding requirement in
      Requirement in AD 2004-09-15               this proposed AD
------------------------------------------------------------------------
Paragraph (a)..........................  Paragraph (f).
Paragraph (b)..........................  Paragraph (g).
Paragraph (c)..........................  Paragraph (h).
------------------------------------------------------------------------

Costs of Compliance

    This proposed AD would affect about 365 airplanes of U.S. registry.
    The actions that are required by AD 2004-09-15 and retained in this 
proposed AD take about 1 work hour per airplane, at an average labor 
rate of $65 per work hour. Required parts will be provided free of 
charge by the airplane manufacturer. Based on these figures, the 
estimated cost of the currently required actions for U.S. operators is 
$23,725, or $65 per airplane.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing amendment 39-13604 (69 FR 
24940, May 5, 2004) and adding the following new airworthiness 
directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2004-18752; Directorate Identifier 2004-NM-107-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by September 3, 2004.

Affected ADs

    (b) This AD supersedes AD 2004-09-15, amendment 39-13604.

Applicability

    (c) This AD applies to Model EMB-135 and -145 series airplanes 
having serial numbers (S/N) 145003 through 145373 inclusive, 145375, 
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.

Unsafe Condition

    (d) This AD was prompted by a report of an invalid part number 
for the new nose landing gear wheel nut. We are issuing this AD 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.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Replacement and Reidentification

    (f) At the applicable time specified in paragraph (f)(1) or 
(f)(2) of this AD, replace the nose landing gear wheel nuts, P/N 
1170-0007, with new wheel nuts, P/N 1170-0082; replace 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. Do the actions 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.
    (1) For Model EMB-135 and -145 series airplanes having serial 
numbers (S/N) 145003 through 145373 inclusive, 145377 through 145391 
inclusive, and 145393 through 145408 inclusive: Within 12 months 
after June 9, 2004 (the effective date of AD 2004-09-15).
    (2) For Model EMB-145 series airplane having S/N 145375: Within 
12 months after the effective date of this AD.
    (g) Actions accomplished before the effective date of this AD 
per the EMBRAER Service Bulletins listed in Table 1 of this AD 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.............  Jan. 14, 2002.
145-32-0068....................  02.............  Apr. 16, 2002.
145-32-0068....................  03.............  Nov. 25, 2002.
145LEG-32-0006.................  Original.......  Nov. 26, 2002.
------------------------------------------------------------------------

Parts Installation

    (h) 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 (AMOC)

    (i) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (j) Brazilian airworthiness directive 2002-03-01R2, dated April 
22, 2003, also addresses the subject of this AD.


[[Page 47040]]


    Issued in Renton, Washington, on July 27, 2004.
Kyle L. Olsen,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-17761 Filed 8-3-04; 8:45 am]
BILLING CODE 4910-13-P