[Federal Register Volume 74, Number 145 (Thursday, July 30, 2009)]
[Proposed Rules]
[Pages 37965-37968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18158]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0659; Directorate Identifier 2009-NM-060-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    It has been found occurrences of main landing gear (MLG) 
trailing arm pins broken due to a fatigue mechanism induced by an 
excessive torque applied during the assemblage of auxiliary door 
support attachment and consequent deformation of the MLG trailing 
arm axle. A broken pin can lead to loss of the MLG trailing arm 
axle, disconnecting the trailing arm from the main

[[Page 37966]]

strut, which affects the airplane controllability on ground.
* * * * *

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by August 31, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., 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), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--
12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone: +55 12 
3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail: 
[email protected]; Internet: http://www.flyembraer.com.
    You may review copies of the referenced service information at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at the 
FAA, call 425-227-1221 or 425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1405; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0659; 
Directorate Identifier 2009-NM-060-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2009-02-01, dated February 12, 2009 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found occurrences of main landing gear (MLG) 
trailing arm pins broken due to a fatigue mechanism induced by an 
excessive torque applied during the assemblage of auxiliary door 
support attachment and consequent deformation of the MLG trailing 
arm axle. A broken pin can lead to loss of the MLG trailing arm 
axle, disconnecting the trailing arm from the main strut, which 
affects the airplane controllability on ground.
* * * * *

    Required actions include inspecting for cracks, and, if necessary, 
replacing the MLG trailing arm pin with a serviceable pin; and 
modifying the MLG auxiliary door mounting support. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Service Bulletins 145-32-0122, dated November 
27, 2008; 145-52-0047, Revision 01, dated March 31, 2008; 145LEG-32-
0033, dated November 27, 2008; and 145LEG-52-0014, dated October 28, 
2008. The actions described in the service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 711 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $240 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these costs. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $284,400, or $400 per product.

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

[[Page 37967]]

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 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 this 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 and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 AD:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2009-0659; Directorate Identifier 2009-NM-060-AD.

Comments Due Date

    (a) We must receive comments by August 31, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ, as identified in 
Embraer Service Bulletin 145LEG-32-0033, dated November 27, 2008, 
except serial number 145363; and Model EMB-135ER, -135KE, -135KL, 
and -135LR airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes, as identified in Embraer 
Service Bulletin 145-32-0122, dated November 27, 2008; certificated 
in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    It has been found occurrences of main landing gear (MLG) 
trailing arm pins broken due to a fatigue mechanism induced by an 
excessive torque applied during the assemblage of auxiliary door 
support attachment and consequent deformation of the MLG trailing 
arm axle. A broken pin can lead to loss of the MLG trailing arm 
axle, disconnecting the trailing arm from the main strut, which 
affects the airplane controllability on ground.
* * * * *
    Required actions include inspecting for cracks, and, if 
necessary, replacing the MLG trailing arm pin with a serviceable 
pin; and modifying the MLG auxiliary door mounting support.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 2,500 flight hours or 24 months after the effective 
date of this AD, whichever occurs first, do the actions specified in 
paragraphs (f)(1)(i) and (f)(1)(ii) of this AD.
    (i) Perform a visual inspection for cracks on the MLG trailing 
arm pins, in accordance with Embraer Service Bulletin 145-32-0122, 
dated November 27, 2008; or 145LEG-32-0033, dated November 27, 2008; 
as applicable. If any crack is found, before further flight, replace 
the MLG trailing arm pin with a serviceable pin, in accordance with 
Embraer Service Bulletin 145-32-0122, dated November 27, 2008; or 
145LEG-32-0033, dated November 27, 2008; as applicable.
    (ii) Prior to or concurrently with accomplishing the inspection 
required by paragraph (f)(1)(i) of this AD, modify the MLG auxiliary 
door mounting support, in accordance with Embraer Service Bulletin 
145-52-0047, Revision 01, dated March 31, 2008; or 145LEG-52-0014, 
dated October 28, 2008; as applicable.

    Note 1: For the purposes of this AD, a visual 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 mirrors, 
magnifying lenses, etc., may be necessary. Surface cleaning and 
elaborate access procedures may be required.


    Note 2: For the purposes of this AD, a serviceable pin is a pin 
that has no cracking.

    (2) Modifications accomplished before the effective date of this 
AD according to Embraer Service Bulletin 145-52-0047, dated July 18, 
2005, are considered acceptable for compliance with the 
corresponding action specified in this AD.

FAA AD Differences

    Note 3:  This AD differs from the MCAI and/or service 
information as follows: Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) Brazilian Airworthiness Directive 
2009-02-01, dated February 12, 2009, is applicable to ``all EMB-145 
and EMB-135 aircraft models in operation.'' However, this does not 
agree with Embraer Service Bulletin 145-32-0122, dated November 27, 
2008; 145-52-0047, Revision 01, dated March 31, 2008; 145LEG-32-
0033, dated November 27, 2008; or 145LEG-52-0014, dated October 28, 
2008; which specifies that only certain Model EMB-145 and EMB-135 
airplanes are affected and identifies them by serial number. This AD 
is applicable only to the airplanes listed in the applicable service 
bulletins. This difference has been coordinated with the ANAC.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: 
Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1405; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil Airworthiness Directive 2009-02-01, 
dated February 12, 2009; Embraer Service Bulletin 145-32-0122, dated 
November 27, 2008; Embraer Service Bulletin

[[Page 37968]]

145-52-0047, Revision 01, dated March 31, 2008; Embraer Service 
Bulletin 145LEG-32-0033, dated November 27, 2008; and Embraer 
Service Bulletin 145LEG-52-0014, dated October 28, 2008; for related 
information.

    Issued in Renton, WA, on July 22, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-18158 Filed 7-29-09; 8:45 am]
BILLING CODE 4910-13-P