[Federal Register Volume 69, Number 209 (Friday, October 29, 2004)]
[Rules and Regulations]
[Pages 63053-63054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23925]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18582; Directorate Identifier 2003-NM-35-AD; 
Amendment 39-13831; AD 2004-22-03]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and -145 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain EMBRAER Model EMB-135 and -145 series airplanes. This AD 
requires measuring the fillet radius dimension of the trunnion fitting 
webs of the wings; and reworking the fillet radius of the trunnion 
fitting web in order to increase the radius, doing related 
investigative actions, and doing applicable corrective action, if 
necessary. This AD is prompted by a report indicating that trunnion 
fittings of the wings have been manufactured with a web fillet radius 
smaller than the minimum required by the design data, which may induce 
the occurrence of fatigue cracks at the root of the trunnion fillet 
radius and adjacent structures (e.g., spar and ribs). We are issuing 
this AD to detect and correct fatigue cracking of the wing trunnion 
fittings or adjacent structure, which could result in failure of the 
main landing gear, consequent damage to surrounding structure, and 
possible loss of control of the airplane during landing.

DATES: This AD becomes effective December 3, 2004.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of 
December 3, 2004.

ADDRESSES: For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 
12.225, Sao Jose dos Campos--SP, Brazil. You can examine this 
information 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.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://dms.dot.gov, or 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.

FOR FURTHER INFORMATION CONTACT:
    Technical information: 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.
    Plain language information: Marcia Walters, [email protected].

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for certain EMBRAER Model EMB-135 and -145 series airplanes. 
The proposed AD was published in the Federal Register on July 13, 2004 
(69 FR 41994), to require measuring the fillet radius dimension of the 
trunnion fitting webs of the wings; and reworking the fillet radius of 
the trunnion fitting web in order to increase the radius, doing related 
investigative actions, and doing applicable corrective action, if 
necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been submitted on the proposed 
AD or on the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

    This AD will affect about 60 airplanes of U.S. registry. The 
measurement will take about 2 work hours per airplane, at an average 
labor rate of $65 per work hour. Based on these figures, the estimated 
cost of the AD for U.S. operators is $7,800, or $130 per airplane.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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.

[[Page 63054]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2004-22-03 Empresa Brasileira de Aeonautica S.A. (EMBRAER): 
Amendment 39-13831. Docket No. FAA-2004-18582; Directorate 
Identifier 2003-NM-35-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
3, 2004.

Affected ADs

    (b) None.
    Applicability: (c) This AD applies to EMBRAER Model EMB-135 and 
-145 series airplanes, as listed in EMBRAER Service Bulletin 145-57-
0034, Change 01, dated January 9, 2002; certificated in any 
category.

Unsafe Condition

    (d) This AD was prompted by a report indicating that trunnion 
fittings of the wings have been manufactured with a web fillet 
radius smaller than the minimum required by the design data, which 
may induce the occurrence of fatigue cracks at the root of the 
trunnion fillet radius and adjacent structures (e.g., spar and 
ribs). We are issuing this AD to detect and correct fatigue cracking 
of the wing trunnion fittings or adjacent structure, which could 
result in failure of the main landing gear, consequent damage to 
surrounding structure, and possible loss of control of the airplane 
during 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.

Service Bulletin

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-57-0034, 
Change 01, dated January 9, 2002.

Measurement

    (g) Before the accumulation of 2,000 total flight cycles, or 
within 500 flight hours after the effective date of this AD, 
whichever occurs later, measure the fillet radius dimension of the 
trunnion fitting webs of the wings in accordance with paragraph 
3.(C), ``Part I,'' of the service bulletin.
    (1) If the fillet radius value is equal to or greater than 
0.1969 inches (5 mm), no further action is required by this AD.
    (2) If a fillet radius value is less than 0.0394 inches (1 mm), 
before further flight, do the actions specified in paragraph (h) of 
this AD.
    (3) If the fillet radius value is equal to or greater than 
0.0394 inch (1 mm), but less than 0.1969 inch (5 mm), before the 
accumulation of 4,000 total flight cycles, or within 500 flight 
hours after the effective date of this AD, whichever occurs later, 
do the actions specified in paragraph (h) of this AD.

Rework and Further Corrective Actions, if Necessary

    (h) Rework the fillet radius of the trunnion fitting web to 
increase the radius, do related investigative actions, and do 
applicable corrective actions by accomplishing all the actions 
specified in paragraph 3.(D), ``Part II,'' of the service bulletin. 
Do the actions in accordance with the service bulletin, except as 
provided by paragraph (i) of this AD. Any applicable corrective 
actions must be done before further flight.
    (1) If the final fillet radius is less than 0.1969 inch (5 mm) 
and the radius limit contour is reached, before further flight, 
repair in accordance with a method approved by either the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the Departmento de Aviacao Civil (DAC) (or its delegated agent).
    (2) If the final fillet radius is equal to or greater than 
0.1969 inches (5 mm), before further flight, shot-peen the reworked 
area in accordance with paragraph 3.(E), ``Part III,'' of the 
service bulletin.
    (i) If any crack is found in the structure during the related 
investigative action required by paragraph (h) of this AD, before 
further flight, repair in accordance with either the Manager, 
International Branch, ANM-116, Transport Airplane Directorate; or 
the DAC (or its delegated agent).

Credit for Previous Revisions of Service Bulletin

    (j) Except as provided by paragraphs (h)(1) and (i) of this AD, 
measurements and rework of the fillet radius done before the 
effective date of this AD in accordance with EMBRAER Service 
Bulletin 145-57-0034, dated October 11, 2001, are acceptable for 
compliance with the requirements of this AD.

Alternative Methods of Compliance (AMOC)

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

Related Information

    (l) Brazilian airworthiness directive 2001-12-03R1, effective 
February 4, 2002, also addresses the subject of this AD.

Material Incorporated by Reference

    (m) You must use EMBRAER Service Bulletin 145-57-0034, Change 
01, dated January 9, 2002, to perform the actions that are required 
by this AD, unless the AD specifies otherwise. The service bulletin 
contains these effective pages:

------------------------------------------------------------------------
                                   Revision level
          Page number              shown on page     Date shown on page
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1, 2, 9, 10....................  01...............  Jan. 9, 2002.
3-8, 11-27.....................  Original.........  Oct. 11, 2001.
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    The Director of the Federal Register approves the incorporation 
by reference of this document in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. For copies of the service information, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 
12.225, Sao Jose dos Campos--SP, Brazil. For information on the 
availability of this material at the National Archives and Records 
Administration (NARA), call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. You may view the AD docket at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., room PL-401, Nassif Building,Washington, DC.

    Issued in Renton, Washington, on October 18, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service
[FR Doc. 04-23925 Filed 10-28-04; 8:45 am]
BILLING CODE 4910-13-P