[Federal Register Volume 70, Number 177 (Wednesday, September 14, 2005)]
[Rules and Regulations]
[Pages 54244-54247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18057]


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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; 
Amendment 39-14267; AD 2005-19-02]
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: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
EMBRAER Model EMB-110P1 and EMB-110P2 airplanes. This AD requires 
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 AD also requires 
the eventual replacement of the rotating cylinder assembly with a new 
part, which terminates the need for the repetitive inspections. This AD 
results from reports of corrosion on the NLG rotating cylinder 
assembly. 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.

DATES: Effective October 19, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of October 19, 
2005.

ADDRESSES: You may examine the 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., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 
343-CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service 
information identified in this 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: 

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov 
or in

[[Page 54245]]

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 street address stated in the 
ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to all EMBRAER Model EMB-
110P1 and EMB-110P2 airplanes. That NPRM was published in the Federal 
Register on May 25, 2005 (70 FR 30028). That NPRM proposed to 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. That NPRM also proposed 
to require the eventual replacement of the rotating cylinder assembly 
with a new part, which terminates the need for the repetitive 
inspections.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments on the NPRM 
that have been received from a single commenter.

Request for Clarification of Paragraph (g)

    The commenter asks for clarification of the language used to 
identify the location of the instructions for the evaluation inspection 
specified in paragraph (g) of the NPRM. The commenter reiterates the 
language used in that paragraph and asks that paragraph (g) be changed 
to read, ``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 nose landing gear (NLG) rotating cylinder 
assembly, by doing all the actions specified in the Evaluation 
Inspection section of EMBRAER Service Bulletin 110-32-0088, Revision 
03, Part II.'' (Part II of the service bulletin is identified in the 
NPRM as the location of the procedures for performing the evaluation 
inspection.)
    We infer that the commenter is asking that paragraph (g) of this AD 
be changed to identify the exact location of the procedures used for 
accomplishing the evaluation inspection specified in the service 
bulletin. Those procedures are identified in the ``Evaluation 
Inspection'' section of the service bulletin (paragraph 2.3.1.1.). We 
agree and have identified that section in paragraph (g) for 
clarification.

Request To Change Paragraph (h)(1) To Add Terminating Action

    The commenter asks that paragraph (h)(1) of the NPRM be changed to 
add that accomplishing the requirements specified in that paragraph 
would terminate the requirements specified in paragraph (i) of the 
NPRM. The commenter states that it is not necessary to replace the NLG 
rotating cylinder with a new one, as required by paragraph (i), if the 
bench detailed inspection specified in paragraph (h)(1) reveals no 
signs of corrosion or cracking. The commenter notes that the protective 
coating must be applied in order to resume normal operation of the 
airplane. The commenter reiterates the language used in paragraph 
(h)(1) and asks that it be changed to read, ``If no corrosion or 
cracking is found during any inspection, before further flight: Perform 
all of the actions specified in the Protection Procedure section of 
EMBRAER Service Bulletin 110-32-0088, Revision 03, Part II. Application 
of this protection on parts with no signs of corrosion or cracking 
terminates the requirement of paragraph (i).''
    We do not agree to change paragraph (h)(1) of the AD. Application 
of the protective coating on parts with no signs of corrosion or 
cracking does not terminate the requirements of paragraph (i) of the 
AD. Eventual replacement of the NLG is required regardless of 
inspection findings, and only that replacement terminates the 
repetitive inspections required by this AD.

Clarification of Paragraph (f) and Note 1

    We have changed paragraph (f) and Note 1 of the NPRM to provide the 
correct service bulletin citation.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been received, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. These changes will neither increase the economic burden on 
any operator nor increase the scope of the AD.

Costs of Compliance

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

                                                                     Estimated Costs
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                                                                                           Number of
                                            Work     Average                   Cost per      U.S.-
                  Action                    hours   labor rate   Parts cost    airplane    registered                      Fleet cost
                                                     per hour                              airplanes
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Inspections in Part II of service               5          $65         None         $325           30  $9,750, per inspection cycle.
 bulletin, per inspection cycle.
Application of protection compound.......       2           65         None          130           30  $3,900.
Replacement of rotating cylinder assembly       9           65      $38,000       38,585           30  $1,157,550.
 (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 AD will not have federalism 
implications under Executive Order 13132. This AD will

[[Page 54246]]

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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-19-02 Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-14267. Docket No. FAA-2005-21302; Directorate 
Identifier 2004-NM-189-AD.

Effective Date

    (a) This AD becomes effective October 19, 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 results from 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 Reference

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of EMBRAER Service Bulletin 110-32-0088, 
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, by 
doing all the actions in accordance with Part II, paragraph 
2.3.1.1., ``Evaluation Inspection,'' 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 bench 
detailed inspection of the rotating cylinder assembly 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 bench detailed inspection of the rotating cylinder assembly 
required by 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 110-32-0088, Revision 03, 
dated February 11, 2004. 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 bench detailed 
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 Part 
II, paragraph 2.3.1.3., ``Protection Procedure,'' of the service 
bulletin.
    (2) If only light corrosion is found during any inspection, 
before further flight: Perform all of the actions specified in Part 
II, paragraph 2.3.1.3., ``Protection Procedure,'' of the service 
bulletin. Thereafter, repeat the inspection required by paragraph 
(g) of this AD 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 
inspections required by paragraphs (g)(2) and (h)(2) of this AD.

Replacement

    (i) If any NLG rotating cylinder assembly is found to have light 
corrosion during any inspection required by paragraph (g)(2) or 
(h)(2) of this AD, as applicable: 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)(2) and (h)(2) 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, effective 
July 27, 2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (n) Unless otherwise specified in this AD, the actions must be 
done in accordance EMBRAER Service Bulletin 110-32-0088, Revision 
03, dated February 11, 2004, which contains the following list of 
effective pages:

------------------------------------------------------------------------
                                   Revision
            Page No.             level shown      Date shown on page
                                    on page
------------------------------------------------------------------------
1-8............................           03  February 11, 2004.
2-7, 9.........................           01  September 1, 2003.
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The Director of the Federal Register approved the incorporation by 
reference of this document in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. Contact Empresa Brasileira de Aeronautica S.A. 
(EMBRAER),

[[Page 54247]]

P.O. Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for a 
copy of this service information. You may review copies at the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC; 
on the Internet at http://dms.dot.gov; or at the National Archives 
and Records Administration (NARA).
    For information on the availability of this material at the 
NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on September 6, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-18057 Filed 9-13-05; 8:45 am]
BILLING CODE 4910-13-P