[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Rules and Regulations]
[Pages 27403-27406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10872]


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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; 
Amendment 39-16290; AD 2010-10-11]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and -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: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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.
* * * * *


[[Page 27404]]


The unsafe condition is the landing gear remaining in the up and locked 
position during approach and landing. This condition could be 
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 the ground. This may consequently 
result in structural damage to the airplane. We are issuing this AD to 
require actions to correct the unsafe condition on these products.

DATES: This AD becomes effective June 21, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 21, 
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (NPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products. That supplemental NPRM was published in the Federal Register 
on February 23, 2010 (75 FR 7998). That supplemental NPRM proposed 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. This condition could be 
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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the supplemental NPRM or on the 
determination of the cost to the public.

Clarification of Credit Paragraph

    We have revised paragraph (g)(5) of this AD to clarify that doing 
replacements in accordance with one of the service bulletins identified 
in Table 1 of this AD, if done before the effective date of this AD, is 
acceptable for compliance with the corresponding replacement required 
by paragraph (g)(1) or (g)(3) of this AD.

Conclusion

    We reviewed the available data, and determined that air safety and 
the public interest require adopting the AD with the change described 
previously. We determined that this change will not increase the 
economic burden on any operator or increase the scope of the AD.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 711 products of U.S. registry. 
We also estimate that it will take about 2 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will 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 parts. 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 this AD to the U.S. operators 
to be $120,870, or $170 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 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 this AD:
    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 AD and placed it in the AD docket.

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 the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone

[[Page 27405]]

(800) 647-5527) is in the ADDRESSES section. Comments will be available 
in the AD docket shortly after receipt.

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 FAA amends Sec.  39.13 by adding the following new AD:

2010-10-11 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16290. Docket No. FAA-2009-0714; Directorate Identifier 
2009-NM-041-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 21, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes; 
certificated in any category; equipped with landing gear electronic 
unit (LGEU) having 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. This condition could be 
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 the 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.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Unless already done, do the following actions:
    (1) Within 12 months after the effective date of this AD, 
replace any LGEU having 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 02, dated February 17, 2009; 
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 
having a S/N 1000 through 1999 inclusive.
    (3) Within 30 months after the effective date of this AD, 
replace any LGEU having P/N 355-022-002 having a serial number not 
identified in paragraph (g)(1) of this AD, with a new LGEU having P/
N 355-022-003, in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 145-32-0120, Revision 02, dated February 
17, 2009; 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 
and a serial number not identified in paragraph (g)(1) of this AD.
    (5) Replacing the LGEU is also acceptable for compliance with 
the corresponding requirement of paragraph (g)(1) or (g)(3) 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--
----------------------------------------------------------------------------------------------------------------
145LEG-32-0032...........................  Original....................  October 8, 2008.
145LEG-32-0032...........................  01..........................  November 4, 2008.
145-32-0120..............................  Original....................  September 15, 2008.
145-32-0120..............................  01..........................  November 4, 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 02, dated 
February 17, 2009; specify that no person may install on any 
airplane an LGEU having P/N 355-022-002 as of 30 months after the 
effective date of this AD, we have determined that no LGEU having P/
N 355-022-002 with a S/N 1000 through 1999 inclusive may be 
installed as of 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

    (h) 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: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1175; 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 (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

[[Page 27406]]

Related Information

    (i) Refer to MCAI Brazilian Airworthiness Directive 2009-01-01, 
effective January 8, 2009, as corrected by Brazilian Airworthiness 
Directive Errata, effective January 20, 2009; EMBRAER Service 
Bulletin 145-32-0120, Revision 02, dated February 17, 2009; and 
EMBRAER Service Bulletin 145LEG-32-0032, Revision 02, dated February 
17, 2009; for related information.

Material Incorporated by Reference

    (j) You must use EMBRAER Service Bulletin 145-32-0120, Revision 
02, dated February 17, 2009; and EMBRAER Service Bulletin 145LEG-32-
0032, Revision 02, dated February 17, 2009; as applicable; to do the 
actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this 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.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at 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 April 29, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-10872 Filed 5-14-10; 8:45 am]
BILLING CODE 4910-13-P