[Federal Register Volume 70, Number 154 (Thursday, August 11, 2005)]
[Proposed Rules]
[Pages 46788-46790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15880]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20223; Directorate Identifier 2004-NM-193-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to certain EMBRAER Model EMB-135 and -145 
series airplanes. The original NPRM would have required repetitive 
detailed inspections for surface bruising of the main landing gear 
(MLG) trailing arms and integrity of the MLG pivot axle sealant, and 
corrective actions if necessary; and would also have provided for 
optional terminating action for the repetitive inspections. The 
original NPRM was prompted by a report of a fractured axle of the 
trailing arm of the MLG due to corrosion of the axle. This action 
revises the original NPRM by expanding the applicability and by 
providing final terminating action for the repetitive detailed 
inspections. We are proposing this supplemental NPRM to prevent a 
broken trailing arm and consequent failure of the MLG, which could lead 
to loss of control and damage to the airplane during takeoff or 
landing.

DATES: We must receive comments on this supplemental NPRM by September 
6, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this supplemental NPRM.
     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.
    For service information identified in this proposed AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), PO Box 343--CEP 
12.225, Sao Jose dos Campos--SP, Brazil.
    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-2005-20223; the directorate identifier for this 
docket is 2004-NM-193-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 supplemental NPRM. Send your comments to an 
address listed under ADDRESSES. Include ``Docket No. FAA-2005-20223; 
Directorate Identifier 2004-NM-193-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this supplemental NPRM. 
We will consider all comments received by the closing date and may 
amend this supplemental NPRM in light of those comments.
    We will post all comments submitted, 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 supplemental NPRM. 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

[[Page 46789]]

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 in the Nassif Building at the DOT street address stated in 
ADDRESSES. Comments will be available in the AD docket shortly after 
the DMS receives them.

Discussion

    We proposed to amend 14 CFR part 39 with a notice of proposed 
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original 
NPRM''). The original NPRM applies to certain EMBRAER Model EMB-135 and 
-145 series airplanes. The original NPRM was published in the Federal 
Register on February 1, 2005 (70 FR 5076). The original NPRM proposed 
to require repetitive detailed inspections for surface bruising of the 
main landing gear (MLG) trailing arms and integrity of the MLG pivot 
axle sealant, and corrective actions if necessary; and would also have 
provided for optional terminating action for the repetitive 
inspections.

Comments

    We have considered the following comments on the original NPRM.

Request To Revise Applicability

    One commenter, the manufacturer, notified us that the applicability 
as written would not ensure that the unsafe condition would be 
corrected on all airplanes. The commenter states that the airplanes 
listed by serial number in the service bulletin have a factory-
delivered configuration; therefore, it could be possible to transfer an 
unsafe MLG from one of those airplanes to another airplane and 
propagate the unsafe condition. The commenter asserts that the unsafe 
condition will be corrected on all airplanes if the applicability 
refers to the MLG, not the actual airplane.
    We agree that it is possible to transfer an unsafe MLG from an 
airplane not listed in the service bulletin. However, in such cases, it 
is our practice to identify the affected airplane model(s) in the 
applicability and require an inspection for affected part numbers. 
Accordingly, we have expanded the applicability of this supplemental 
NPRM to specify all Model EMB-135 and -145 airplanes and added an 
inspection of the MLGs of those airplanes to determine if a cardan 
having a certain part number is installed on the MLGs. In addition, we 
have added a new paragraph (j) to this supplemental NPRM to prohibit 
installation of the affected MLGs, unless certain actions required by 
this AD have been accomplished, which will preclude the transfer of 
unsafe MLGs from one airplane to another.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    The changes discussed above expand the scope of the original NPRM; 
therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this supplemental NPRM.

Costs of Compliance

    This supplemental NPRM would affect about 488 airplanes of U.S. 
registry.
    The proposed part number verification would take about 1 work hour 
per airplane, at an average labor rate of $65 per work hour. Based on 
these figures, the estimated cost of the proposed inspection for U.S. 
operators is $31,720, or $65 per airplane.
    The proposed inspection of the MLG trailing arm surface and pivot 
axle sealant would take about 1 work hour per airplane, at an average 
labor rate of $65 per work hour. Based on these figures, the estimated 
cost of the proposed inspection for U.S. operators is $31,720, or $65 
per airplane, per inspection cycle.
    The proposed replacement of the MLG cardan and inspection of the 
internal surface of the MLG trailing arm pivot axle would take about 1 
work hour per MLG (two MLGs per airplane), at an average labor rate of 
$65 per work hour. Required parts would cost about $3,500 per cardan. 
Based on these figures, the estimated cost of the proposed actions for 
U.S. operators is $3,479,440, or $7,130 per airplane.

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 supplemental NPRM. 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-
2005-20223; Directorate Identifier 2004-NM-193-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by September 6, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER Model EMB-135BJ, -135ER, -
135KE, -135KL,

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-135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes, certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a report of a fractured axle of the 
trailing arm of the main landing gear (MLG) due to corrosion of the 
axle. We are issuing this AD to prevent a broken trailing arm and 
consequent failure of the MLG, which could lead to loss of control 
and damage to the airplane during takeoff or 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.

Part Number Verification

    (f) Within 600 flight hours or 180 days after the effective date 
of this AD, whichever occurs first, inspect the left and right MLG 
to determine whether cardan assembly part number (P/N) 2309-2041-003 
is installed. A review of airplane maintenance records is acceptable 
in lieu of this inspection if the P/N of the cardan assembly can be 
conclusively determined from that review. If cardan P/N 2309-2041-
003 is not installed in the MLG, no further action is required for 
that MLG, except as provided by paragraph (i) of this AD. If cardan 
P/N 2309-2041-003 is installed in the MLG, continue with paragraph 
(g) of this AD.

Inspection

    (g) Within 600 flight hours or 180 days after the effective date 
of this AD, whichever occurs first, perform a detailed inspection 
for surface bruising of the MLG trailing arms and integrity of the 
MLG pivot axle sealant; in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-32-0091, Change 01, 
dated July 1, 2004. If no sign of sealant failure or bruising of the 
trailing arm is found, repeat the inspection thereafter at intervals 
not to exceed 5,500 flight hours or 24 months, whichever occurs 
first, until paragraph (h) of this AD has been accomplished.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Corrective/Terminating Actions

    (h) If any sign of sealant failure or bruising of either 
trailing arm surface is found, prior to further flight, do 
paragraphs (h)(1), (h)(2), and (h)(3) of this AD. Do the actions in 
accordance with the Accomplishment Instructions of EMBRAER Service 
Bulletin 145-32-0091, Change 01, dated July 1, 2004. Accomplishment 
of paragraph (h) of this AD for any MLG ends the repetitive 
inspections required by paragraph (g) of this AD for that MLG.
    (1) Repair any bruising of the trailing arm surface.
    (2) Replace the MLG cardan with a new, improved cardan having P/
N 2309-2041-401.
    (3) Perform a detailed inspection for corrosion of the internal 
surface of the trailing arm pivot axle.
    (i) If no corrosion is found, prior to further flight, apply 
protective paint and corrosion inhibitors.
    (ii) If corrosion is found, prior to further flight, replace the 
pivot axle with a new pivot axle and apply corrosion inhibitors.

    Note 2: EMBRAER Service Bulletin 145-32-0091, Change 01, dated 
July 1, 2004, refers to Embraer Liebherr Equipamentos do Brasil S.A. 
(ELEB) Service Bulletin 2309-2002-32-04, Revision 01, dated May 24, 
2004, as an additional source of service information for the 
inspection and repair of the MLG components. The ELEB service 
bulletin is included within the EMBRAER service bulletin.

Actions Accomplished According to Previous Issue of Service Bulletin

    (i) Actions accomplished before the effective date of this AD 
according to EMBRAER Service Bulletin 145-32-0091, dated February 
19, 2004, are considered acceptable for compliance with the 
corresponding actions specified in this AD.

Parts Installation

    (j) As of the effective date of this AD, no person may install 
an MLG having a cardan assembly, part number 2309-2041-003, on any 
affected airplane, unless the requirements of paragraphs (f), (g), 
and (h) of this AD, as applicable, have been accomplished.

Alternative Methods of Compliance (AMOCs)

    (k) 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

    (l) Brazilian airworthiness directive 2004-08-02, dated 
September 3, 2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on August 3, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-15880 Filed 8-10-05; 8:45 am]
BILLING CODE 4910-13-P