[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Rules and Regulations]
[Pages 59244-59246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20066]


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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; 
Amendment 39-14334; AD 2005-20-37]
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: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
EMBRAER Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes. This AD requires 
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. This AD also provides for 
optional terminating action for the repetitive detailed inspections. 
This AD results from a report of a fractured axle of the trailing arm 
of the 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.

DATES: This AD becomes effective November 16, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 16, 
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 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 supplemental notice of proposed rulemaking (NPRM) 
to amend 14 CFR part 39 to include an AD that would apply to certain 
EMBRAER Model EMB-135 and -145 series airplanes. That supplemental NPRM 
was published in the Federal Register on August 11, 2005 (70 FR 46788). 
That supplemental NPRM proposed to require repetitive detailed

[[Page 59245]]

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. The supplemental NPRM also proposed to 
provide optional terminating action for the repetitive detailed 
inspections.

Comments

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

Clarification of Costs of Compliance

    We determined that the Costs of Compliance of the supplemental NPRM 
did not clearly indicate that airplanes having MLGs installed that do 
not have cardan assembly part number (P/N) 2309-2041-003 installed are 
not subject to all requirements of the AD. We have revised the Costs of 
Compliance to clarify that only airplanes having MLGs installed that do 
have cardan assembly P/N 2309-2041-003 installed are subject to all 
requirements of this AD.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Correction of Typographical Error

    Paragraph (j) of this AD is required for all subject MLGs intended 
to be installed on any affected airplane after the effective date of 
this AD, therefore, the last sentence of paragraph (f) of the AD should 
read `` * * * except as provided by paragraph (j) of this AD.'' 
However, we noticed that paragraph (f) of the supplemental NPRM reads 
`` * * * except as provided by paragraph (i) of this AD.'' We have 
revised paragraph (f) of the AD accordingly to correct this 
typographical error from (i) to (j) as described.
    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD with the 
changes described previously. We have determined that these changes 
will neither increase the economic burden on any operator nor increase 
the scope of the AD.

Costs of Compliance

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

2005-20-37 Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-14334. Docket No. FAA-2005-20223; Directorate 
Identifier 2004-NM-193-AD.

Effective Date

    (a) This AD becomes effective November 16, 2005.

Affected ADs

    (b) None.

Applicability

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

[[Page 59246]]

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 (j) 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 during any inspection required by 
paragraph (g) of this AD, 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) 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 (g) and (h) 
of this AD, as applicable, have been accomplished.

Alternative Methods of Compliance (AMOCs)

    (k)(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) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

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

Material Incorporated by Reference

    (m) You must use EMBRAER Service Bulletin 145-32-0091, Change 
01, dated July 1, 2004, to perform the actions that are required by 
this AD, unless the AD specifies otherwise. 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), PO 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 28, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-20066 Filed 10-11-05; 8:45 am]
BILLING CODE 4910-13-P