[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Proposed Rules]
[Pages 41810-41813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19853]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0714; Directorate Identifier 2009-NM-041-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -
145EP, 145ER, -145MP, -145MR, -145XR, and 145LR Airplanes Modified in 
Accordance With Brazilian Supplemental Type Certificate (STC) 2002S06-
09, 2002S06-10, or 2003S08-01

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 was reported that after commanding the landing gear 
lever to down the three green landing gear positioning indication was 
displayed followed by the LG/LEVER DISAGREE EICAS [engine indicating 
and crew alerting system] message. The crew decided to continue the 
approach and landing procedure. As soon as the crew identified that the 
landing gear was not extended properly, a go-around procedure was 
successfully performed. During maneuver, the airplane settled 
momentarily onto the flaps and belly.
    The unsafe condition is the landing gear remaining in the up and 
locked position during approach and landing and accompanied by an 
invalid EICAS landing gear position indication, which could result in 
landing with gear in the up position, and eliminate controllability of 
the airplane on ground. This may consequently result in structural 
damage to the airplane. 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 September 18, 
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-2009-0714; 
Directorate Identifier 2009-NM-041-AD'' at the beginning of your 
comments. We specifically invite

[[Page 41811]]

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 2009-01-01, effective January 8, 2009, as 
corrected by Brazilian Airworthiness Directive Errata, effective 
January 20, 2009 (referred to after this as ``the MCAI''), to correct 
an unsafe condition for the specified products. The MCAI states:

    It was reported that after commanding the landing gear lever to 
down the three green landing gear positioning indication was 
displayed followed by the LG/LEVER DISAGREE EICAS [engine indicating 
and crew alerting system] message. The crew decided to continue the 
approach and landing procedure. As soon as the crew identified that 
the landing gear was not extended properly, a go-around procedure 
was successfully performed. During maneuver, the airplane settled 
momentarily onto the flaps and belly.
* * * * *

The unsafe condition is the landing gear remaining in the up and locked 
position during approach and landing and accompanied by an invalid 
EICAS landing gear position indication, which could result in landing 
with gear in the up position, and eliminate controllability of the 
airplane on ground. This may consequently result in structural damage 
to the airplane. Required actions include replacing the landing gear 
electronic unit with a new one having a new part number. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Service Bulletins 145-32-0120, Revision 01, 
dated November 4, 2008; and 145LEG-32-0032, Revision 02, dated February 
17, 2009. The actions described in this 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 $0 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 $113,760, or $160 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 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-
2009-0714; Directorate Identifier 2009-NM-041-AD.

Comments Due Date

    (a) We must receive comments by September 18, 2009.

Affected ADs

    (b) None.

[[Page 41812]]

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ, -135ER, -135KE, 
-135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes, certificated in any category, modified according to 
Brazilian Supplemental Type Certificate 2002S06-09, 2002S06-10 or 
2003S08-01, and equipped with landing gear electronic unit (LGEU) 
part number (P/N) 355-022-002.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    It was reported that after commanding the landing gear lever to 
down the three green landing gear positioning indication was 
displayed followed by the LG/LEVER DISAGREE EICAS [engine indicating 
and crew alerting system] message. The crew decided to continue the 
approach and landing procedure. As soon as the crew identified that 
the landing gear was not extended properly, a go-around procedure 
was successfully performed.
    During maneuver, the airplane settled momentarily onto the flaps 
and belly.
* * * * *
The unsafe condition is the landing gear remaining in the up and 
locked position during approach and landing and accompanied by an 
invalid EICAS landing gear position indication, which could result 
in landing with gear in the up position, and eliminate 
controllability of the airplane on ground. This may consequently 
result in structural damage to the airplane. Required actions 
include replacing the LGEU with a new one having a new part number.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 12 months after the effective date of this AD, 
replace any LGEU P/N 355-022-002 having a serial number (S/N) 1000 
through 1999 inclusive with a new LGEU having P/N 355-022-003, in 
accordance with the Accomplishment Instructions of Embraer Service 
Bulletin 145-32-0120, Revision 01, dated November 4, 2008; or 
145LEG-32-0032, Revision 02, dated February 17, 2009; as applicable.
    (2) As of 12 months after the effective date of this AD, no 
person may install on any airplane an LGEU having a P/N 355-022-002 
and S/N 1000 through 1999 inclusive.
    (3) Within 30 months after the effective date of this AD, 
replace any LGEU P/N 355-022-002 having a serial number not 
identified in paragraph (f)(1) of this AD, with a new LGEU having a 
P/N 355-022-003, in accordance with the Accomplishment Instructions 
of Embraer Service Bulletin 145-32-0120, Revision 01, dated November 
4, 2008; or 145LEG-32-0032, Revision 02, dated February 17, 2009; as 
applicable.
    (4) As of 30 months after the effective date of this AD, no 
person may install on any airplane an LGEU having a P/N 355-022-002.
    (5) Replacement of the LGEU is also acceptable for compliance 
with the requirements of paragraph (f) of this AD if done before the 
effective date of this AD in accordance with one of the service 
bulletins identified in Table 1 of this AD:

                                        Table 1--Credit Service Bulletins
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       Embraer Service Bulletin--                  Revision--                           Dated--
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145LEG-32-0032..........................  Original...................  October 8, 2008.
145LEG-32-0032..........................  01.........................  November 4, 2008.
145-32-0120.............................  Original...................  September 15, 2008.
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FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    Although Embraer Service Bulletins 145LEG-32-0032, Revision 02, 
dated February 17, 2009; and 145-32-0120, Revision 01, dated 
November 4, 2008; specify that no person may install on any airplane 
an LGEU P/N 355-022-002 as of 30 months after the effective date of 
this AD, we have determined that no LGEU P/N 355-022-002 with a S/N 
1000 through 1999 inclusive may be installed 12 months after the 
effective date of this AD. Allowing installation of those serial 
numbers beyond 12 months would not address the identified unsafe 
condition and ensure an adequate level of safety. This difference 
has been coordinated with the Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (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, 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 ANAC Airworthiness Directive 2009-01-01, 
effective January 8, 2009, as corrected by Brazilian Airworthiness 
Directive Errata, effective January 20, 2009; and the service 
bulletins listed in Table 2 of this AD; for related information.

                                       Table 2--Related Service Bulletins
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          Embraer Service Bulletin--             Revision--                         Dated--
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145-32-0120..................................              01  November 4, 2008.
145LEG-32-0032...............................              02  February 17, 2009.
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[[Page 41813]]

    Issued in Renton, Washington, on August 7, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-19853 Filed 8-18-09; 8:45 am]
BILLING CODE 4910-13-P