[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Proposed Rules]
[Pages 30028-30031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10425]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21302; Directorate Identifier 2004-NM-189-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-110P1 and EMB-110P2 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all EMBRAER Model EMB-110P1 and EMB-110P2 airplanes. This proposed 
AD would require repetitive inspections for corrosion or cracking of 
the rotating cylinder assembly in the nose landing gear (NLG), and 
related investigative/corrective actions if necessary. This proposed AD 
would also require the eventual replacement of the rotating cylinder 
assembly with a new part, which terminates the need for the repetitive 
inspections. This proposed AD is prompted by reports of corrosion on 
the NLG rotating cylinder assembly. We are proposing this AD to prevent 
cracks from emanating from corrosion pits in the NLG rotating cylinder 
assembly, which could result in failure of the NLG.

DATES: We must receive comments on this proposed AD by June 24, 2005.

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.
     By 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.
    For service information identified in this proposed AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 
12.225, Sao Jose dos Campos-SP, Brazil.

[[Page 30029]]

    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person 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. This 
docket number is FAA-2005-21302; the directorate identifier for this 
docket is 2004-NM-189-AD.

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:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-21302; 
Directorate Identifier 2004-NM-189-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 submitted 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 can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    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. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    The Departamento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified us that an unsafe condition may exist on 
all EMBRAER Model EMB-110P1 and EMB-110P2 airplanes. The DAC advises 
that corrosion has been found on the rotating cylinder assembly in the 
nose landing gear (NLG). The corrosion was caused by the lack of 
protective compound on the internal area of the rotating cylinder 
assembly. Corrosion on the rotating cylinder assembly of the NLG, if 
not corrected, could result in cracks emanating from corrosion pits in 
the NLG rotating cylinder assembly, which could result in failure of 
the NLG.

Relevant Service Information

    EMBRAER has issued Service Bulletin 110-32-0088, Revision 03, dated 
February 11, 2004.
    Part I of the service bulletin includes procedures for performing 
dye penetrant inspections of the NLG rotating cylinder assembly for 
evidence of corrosion or cracking, and reporting any cracking to 
EMBRAER.
    Part II of the service bulletin includes procedures for evaluation 
and bench inspections of the rotating cylinder assembly for evidence of 
corrosion or cracking; protection procedures for the rotating cylinder 
assembly; and corrective action if necessary. The evaluation inspection 
includes dye penetrant and borescope inspections. The bench inspection 
includes removing the rotating cylinder assembly from the airplane and 
performing dye penetrant and borescope inspections. The protection 
procedures include applying a protective material to the internal area 
of the rotating cylinder assembly and a borescope inspection. For 
airplanes on which any cracking or severe corrosion is found, the 
corrective action includes replacing the rotating cylinder assembly 
with a new rotating cylinder assembly.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The DAC mandated 
the service information and issued Brazilian airworthiness directive 
2004-04-01R1, dated July 27, 2004, to ensure the continued 
airworthiness of these airplanes in Brazil.

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 kept the FAA informed of 
the situation described above. We have examined the DAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Difference Between 
the Proposed AD and Service Information.''

Clarification of Proposed Requirements

    This proposed AD would only require operators to perform the 
actions specified in Part II of the Accomplishment Instructions of 
EMBRAER Service Bulletin 110-32-0088, Revision 03, dated February 11, 
2004. Requiring only the actions in Part II of the Accomplishment 
Instructions is consistent with the Brazilian airworthiness directive. 
Although the Brazilian airworthiness directive does not specifically 
state that only the actions in Part II of the Accomplishment 
Instructions are required, based on a comparison of the actions 
identified in paragraphs (a) and (b) of the Brazilian airworthiness 
directive, and the actions specified in Part I and Part II of the 
Accomplishment Instructions, we have determined that only the actions 
specified in Part II of the Accomplishment Instructions are included in 
the Brazilian airworthiness directive. Also, the compliance times 
specified in paragraphs (a) and (b) of the Brazilian airworthiness 
directive are the same as the compliance times specified in the service 
bulletin for accomplishing the actions included in Part II of the 
Accomplishment Instructions.

Difference Between the Proposed AD and Service Information

    The EMBRAER service bulletin requests that operators report any 
cracking or severe corrosion found during any inspection to EMBRAER. 
This AD would not require that action.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

[[Page 30030]]



                                                                     Estimated Costs
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                                                                                                Number of U.S.-
           Action               Work hours     Average labor        Parts          Cost per       registered                   Fleet cost
                                               rate per hour                       airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspections in Part II of                  5             $65  None............            $325              30  $9,750, per inspection cycle.
 service bulletin, per
 inspection cycle.
Application of protection                  2              65  None............             130              30  3,900.
 compound.
Replacement of rotating                    9              65  38,000..........          38,585              30  1,157,550.
 cylinder assembly
 (terminating action).
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA 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 
rulemaking action.

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 adding the following new 
airworthiness directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-21302; Directorate Identifier 2004-NM-189-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by June 24, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER Model EMB-110P1 and EMB-110P2 
airplanes, certificated in any category.

Unsafe Condition

    (d) This AD was prompted by reports of corrosion on the rotating 
cylinder assembly in the nose landing gear (NLG). We are issuing 
this AD to prevent cracks from emanating from corrosion pits in the 
NLG rotating cylinder assembly, which could result in failure of the 
NLG.

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 References

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of EMBRAER Service Bulletin 110-32-088, 
Revision 03, dated February 11, 2004.

Inspections and Related Investigative/Corrective Actions

    (g) Within 150 flight hours or 4 months after the effective date 
of this AD, whichever is first: Perform the evaluation inspection 
for corrosion or cracking of the NLG rotating cylinder assembly, in 
accordance with Part II of the service bulletin. Depending on the 
results of the inspections, perform the applicable action specified 
in paragraph (g)(1), (g)(2), (g)(3), or (g)(4) of this AD.
    (1) If no corrosion or cracking is found: Perform the detailed 
bench inspection required by paragraph (h) of this AD at the time 
specified in paragraph (h) of this AD.
    (2) If only light corrosion is found: Repeat the inspection 
required by paragraph (g) of this AD thereafter at intervals not to 
exceed 150 flight hours or 4 months, whichever occurs first, until 
the requirements specified in paragraph (h) or (i) of this AD are 
accomplished.
    (3) If severe corrosion is found, before further flight: Perform 
the detailed bench inspection of the rotating cylinder assembly, 
specified in paragraph (h) of this AD, for evidence of further 
corrosion or cracking.

    Note 1: The criteria for determining light or severe corrosion 
are included in EMBRAER Service Bulletin 110-32-008, Revision 03. 
The presence of oxidation is not considered to be corrosion.

    (4) If any cracking is found, before further flight: Replace the 
rotating cylinder assembly with a new part, in accordance with Part 
II of the service bulletin. Replacing the rotating cylinder assembly 
terminates the requirements of paragraphs (h) and (i) of this AD.

Bench Inspections, Protection Procedures, and Corrective Actions

    (h) Within 600 flight hours or 12 months after the effective 
date of this AD, whichever occurs first: Perform the detailed bench 
inspection for corrosion or cracking of the NLG rotating cylinder 
assembly in accordance with Part II of the service bulletin.
    (1) If no corrosion or cracking is found during any inspection, 
before further flight: Perform all of the actions specified in the 
protection procedure section in Part II of the service bulletin.
    (2) If only light corrosion is found during any inspection, 
before further flight: Perform

[[Page 30031]]

all of the actions specified in the protection procedure section in 
Part II of the service bulletin. Repeat the inspection required by 
paragraph (g) of this AD, thereafter, at intervals not to exceed 600 
flight hours or 9 months, whichever occurs first, until 
accomplishing paragraph (i) of this AD.
    (3) If any cracking or severe corrosion is found during any 
inspection, before further flight: Replace the rotating cylinder 
assembly with a new part in accordance with Part II of the service 
bulletin. Replacing the rotating cylinder assembly terminates the 
part replacement required by paragraph (i) of this AD.

Terminating Action

    (i) Within 3,000 flight hours or 36 months after the effective 
date of this AD, whichever occurs first: Replace the NLG rotating 
cylinder assembly with a new part, in accordance with Part II of the 
service bulletin. Replacing the rotating cylinder assembly 
terminates the inspections required by paragraphs (g) and (h) of 
this AD.

Actions Accomplished Previously

    (j) Actions accomplished before the effective date of this AD in 
accordance with EMBRAER Service Bulletin 110-32-0088, Revision 01, 
dated September 1, 2003; or EMBRAER Service Bulletin 110-32-0088, 
Revision 02, dated October 30, 2003; are acceptable for compliance 
with the corresponding requirements of this AD.

Reporting Not Required

    (k) Where the service bulletin states to report inspection 
results to EMBRAER, that action is not required by this AD.

Alternative Methods of Compliance (AMOCs)

    (l) 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

    (m) Brazilian airworthiness directive 2004-04-01R1, dated July 
27, 2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on May 16, 2005.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-10425 Filed 5-24-05; 8:45 am]
BILLING CODE 4910-13-P