[Federal Register Volume 70, Number 3 (Wednesday, January 5, 2005)]
[Rules and Regulations]
[Pages 690-691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-164]



[[Page 690]]

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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; 
Amendment 39-13929; AD 2005-01-05]
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: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to 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 new AD adds an airplane to the applicability 
and revises a part number for a replacement part. This AD is 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.

DATES: This AD becomes effective February 9, 2005.
    On June 9, 2004 (69 FR 24940, May 5, 2004), the Director of the 
Federal Register approved the incorporation by reference of EMBRAER 
Service Bulletin 145-32-0068, Change 04, dated January 20, 2003; and 
EMBRAER Service Bulletin 145LEG-32-0006, Change 01, dated January 20, 
2003.

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.
    You can 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:
    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].

Examining the 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.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend part 39 of the 
Federal Aviation Regulations (14 CFR Part 39) with an AD to supersede 
AD 2004-09-15, amendment 39-13604, (69 FR 24940, May 5, 2004). The 
existing AD applies to certain EMBRAER Model EMB-135 and EMB-145 series 
airplanes. The proposed AD was published in the Federal Register on 
August 4, 2004 (69 FR 47038), and continued to require replacing the 
nose landing gear wheel nuts and associated inner and outer seals, and 
reidentifying the landing gear strut. The proposed AD also added an 
airplane to the applicability and revised a part number for a 
replacement part.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comment that has been 
submitted on the proposed AD.

Request to Add an Alternative Method of Compliance (AMOC)

    The commenter requests that a reference to replacement seal 
assembly part number (P/N) AEC-68-1498, which was approved as an AMOC 
for AD 2004-09-15, be included in the proposed AD. The commenter notes 
that P/N AEC-68-1498 has a parts manufacturer approval and is an FAA-
approved replacement assembly for the P/N 68-1498 seal assembly. The 
commenter contends that P/N AEC-68-1498 should be included in the 
proposed AD as an approved seal assembly.
    The FAA does not agree to include a reference to replacement seal 
assembly P/N AEC-68-1498 in this final rule. However, we do agree that 
AMOCs approved previously for AD 2004-09-15, amendment 39-13604, are 
acceptable as AMOCs for this final rule. We have revised paragraph (i) 
of this final rule to include the following statement: ``AMOCs, 
approved previously in accordance with AD 2004-09-15, amendment 39-
13604, are approved as AMOCs for this AD.''

Conclusion

    We have carefully reviewed the available data, including the 
comment that was submitted, and determined that air safety and the 
public interest require adopting the AD with the change described 
previously. We have determined that this change will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 365 airplanes of U.S. registry.
    The actions that are required by AD 2004-09-15, and retained in 
this 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.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, the FAA is charged with promoting 
safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

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,

[[Page 691]]

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.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing amendment 39-13604 (69 FR 
24940, May 5, 2004), and by adding the following new airworthiness 
directive:

2005-01-05 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-13929. Docket No. FAA-2004-18752; Directorate 
Identifier 2004-NM-107-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
9, 2005.

Affected ADs

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

Applicability

    (c) This AD applies to Model EMB-135 and EMB-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 EMB-145 series airplanes having 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
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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.............  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)(1) 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.
    (2) AMOCS approved previously in accordance with AD 2004-09-15, 
amendment 39-13604, are approved as AMOCs for this AD.

Related Information

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

Material Incorporated by Reference

    (k) You must use 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; to perform 
the actions that are required by this AD, unless the AD specifies 
otherwise. The Director of the Federal Register previously approved 
the incorporation by reference of these documents as of June 9, 2004 
(69 FR 24940, May 5, 2004). 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 December 27, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-164 Filed 1-4-05; 8:45 am]
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