[Federal Register: January 5, 2004 (Volume 69, Number 2)]
[Proposed Rules]
[Page 282-284]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja04-16]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-165-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 and EMB-145 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain EMBRAER Model EMB-135 and
EMB-145 series airplanes. This proposal would require replacement of
the nose landing gear wheel nuts and associated inner and outer seals;
and reidentification of the landing gear strut. This action is
necessary to prevent separation of the wheels from the nose landing
gear due to the failure of the outer wheel bearings, and consequent
loss of control of the airplane during takeoff and landing. This action
is intended to address the identified unsafe condition.
DATES: Comments must be received by February 4, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-165-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-165-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O.
Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil. This information
may be examined at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington.
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:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a
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request to change the service bulletin reference as two separate
issues.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-165-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2002-NM-165-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Departamento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, notified the FAA that an unsafe condition may
exist on certain EMBRAER Model EMB-135 and -145 series airplanes. The
DAC advises that it has received reports that the outer wheel bearings
of certain nose landing gear wheels have failed. This condition, if not
corrected, could result in separation of the wheels from the nose
landing gear strut and consequent loss of control of the airplane
during takeoff and landing.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin 145-32-0068, Change 04, dated
January 20, 2003; and Service Bulletin 145LEG-32-0006, Change 01, dated
January 20, 2003; which describe procedures for replacement of the nose
landing gear wheel nuts and the associated inner and outer seals; and
reidentification of the landing gear strut. Accomplishment of the
actions specified in the service bulletins is intended to adequately
address the identified unsafe condition. The DAC classified these
service bulletins as mandatory and issued Brazilian airworthiness
directive 2002-03-01R2, dated April 22, 2003, in order to assure the
continued airworthiness of these airplanes in Brazil.
FAA's Conclusions
These airplane models are manufactured in Brazil and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DAC has kept the FAA informed of
the situation described above. The FAA has examined the findings of the
DAC, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require accomplishment of
the actions specified in the service bulletins described previously.
Cost Impact
The FAA estimates that 365 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 1 work
hour per airplane to accomplish the proposed actions, and that the
average labor rate is $65 per work hour. Required parts would be
provided free of charge by the airplane manufacturer. Based on these
figures, the cost impact of the proposed AD on U.S. operators is
estimated to be $23,725, or $65 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD action, and that no operator would accomplish those actions in
the future if this AD were not adopted. The cost impact figures
discussed in AD rulemaking actions represent only the time necessary to
perform the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new
airworthiness directive:
Empresa Brasileira de Aeronautica S.A. (Embraer): Docket 2002-NM-
165-AD.
Applicability: Model EMB-135 and -145 series airplanes having
serial numbers (S/N) 145003 through 145373, 146375, 145377 through
145391 inclusive, and 145393 through 145408 inclusive; certificated
in any category; equipped with nose landing gear struts, part number
(P/N) 1170C0000-01 (including all modifications), P/N 1170C0000-02,
or P/N 1170C0000-03.
Compliance: Required as indicated, unless accomplished
previously.
To prevent separation of the wheels from the nose landing gear
due to the failure of the outer wheel bearings, and consequent loss
of control of the airplane during takeoff and landing, accomplish
the following:
Replacement and Reidentification
(a) Within 12 months from the effective date of this AD, replace
the nose landing gear
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wheel nuts, P/N 1170-0007, with new wheel nuts, P/N 170-0082; the
associated inner and outer seals, P/N 68-1157 or P/N 72-290, with
new seals, P/N 68-1498; and reidentify the struts; in accordance
with the Accomplishment Instructions of EMBRAER Service Bulletin
145-32-0068, Change 04, dated January 20, 2003; or EMBRAER Service
Bulletin 145LEG-32-0006, Change 01, dated January 20, 2003; as
applicable.
(b) Actions accomplished before the effective date of this AD
per EMBRAER Service Bulletins as listed in the following table are
considered acceptable for compliance with the corresponding actions
specified in this AD:
Table--Service Bulletins
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EMBRAER Service Bulletin Change level Date
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145-32-0068............................ Original.................. May 4, 2001.
145-32-0068............................ 01........................ January 14, 2002.
145-32-0068............................ 02........................ April 16, 2002.
145-32-0068............................ 03........................ November 25, 2002.
145LEG-32-0006......................... Original.................. November 26, 2002.
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Parts Installation
(c) As of the effective date of this AD, no person may install
nose landing gear wheel nuts, P/N 1170-0007, or the associated inner
and outer seals, P/N 68-1157 or P/N 72-290, on any airplane.
Alternative Methods of Compliance
(d) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, FAA, is authorized to approve alternative methods
of compliance for this AD.
Note 1: The subject of this AD is addressed in Brazilian
airworthiness directive 2002-03-01R2, dated April 22, 2003.
Issued in Renton, Washington, on December 29, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-47 Filed 1-2-04; 8:45 am]
BILLING CODE 4910-13-P