[Federal Register Volume 69, Number 197 (Wednesday, October 13, 2004)]
[Rules and Regulations]
[Pages 60802-60804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22561]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-85-AD; Amendment 39-13818; AD 2004-20-13]
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 inspection of the housings of the main landing 
gear (MLG) leg strut bushings, and related investigative and corrective 
actions, and other specified actions. The actions specified by this AD 
are intended to prevent corrosion of the housings of the MLG leg strut 
bushings and consequent failure of the MLG. This action is

[[Page 60803]]

intended to address the identified unsafe condition.

DATES: Effective November 17, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of November 17, 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: 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-135 and 
EMB-145 series airplanes was published as a supplemental notice of 
proposed rulemaking (NPRM) in the Federal Register on July 22, 2004 (69 
FR 43777). That action proposed to require inspection of the housings 
of the main landing gear (MLG) leg strut bushings, related 
investigative and corrective actions, and other specified actions.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    We estimate that 75 airplanes of U.S. registry will be affected by 
this proposed AD.
    It will take approximately 14 work hours per airplane to accomplish 
the 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 inspection on U.S. operators is estimated to be $68,250, 
or $910 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:

2004-20-13 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-13818. Docket 2003-NM-85-AD.

    Applicability: Model EMB-135 and EMB-145 series airplanes, 
certificated in any category, equipped with a main landing gear 
(MLG) leg strut having a part number (P/N) and serial number (S/N) 
listed in the table under the heading ``Affected component'' in 
paragraph 1.B., ``Effectivity,'' of EMBRAER Service Bulletin 145-32-
0066, Change 03, dated April 19, 2004.
    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 Investigative and Corrective Actions

    (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 03, dated April 19, 
2004.
    (1) If no corrosion is found, before further flight, do all 
applicable actions in and per the Accomplishment Instructions of the 
service bulletin.
    (2) If any corrosion is found, before further flight, do all 
applicable investigative and corrective actions in and per 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.''


    Note 2: EMBRAER Service Bulletin 145-32-0066, Change 03, dated 
April 19, 2004, refers to Embraer Liebherr Equipamentos do Brasil 
S.A. (ELEB) Service Bulletin 2309-2006-32-01, Revision 03, dated 
April 19, 2004, as an additional source of service information for 
the inspection and repair of the MLG leg strut bushings. The ELEB 
service bulletin is included within the EMBRAER service bulletin.

Inspections Accomplished per Previous Issue of Service Bulletin

    (b) Inspections and related investigative and corrective 
actions, accomplished before the effective date of this AD per 
EMBRAER Service Bulletin 145-32-0066, dated January 8, 2002; Change 
01, dated August 15, 2002;

[[Page 60804]]

or Change 02, dated February 26, 2004; are considered acceptable for 
compliance with the corresponding action specified in this AD.

Alternative Methods of Compliance

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

Incorporation by Reference

    (d) Unless otherwise specified in this AD, the actions must be 
done in accordance with EMBRAER Service Bulletin 145-32-0066, Change 
03, dated April 19, 2004. 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 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 2002-12-01, effective January 6, 2003.

Effective Date

    (e) This amendment becomes effective on November 17, 2004.


    Issued in Renton, Washington, on September 30, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-22561 Filed 10-12-04; 8:45 am]
BILLING CODE 4910-13-P