FR Doc 05-10425

[Federal Register: May 25, 2005 (Volume 70, Number 100)]
[Proposed Rules]
[Page 30028-30031]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25my05-35]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21302; Directorate Identifier 2004-NM-189-AD]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-110P1 and EMB-110P2 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all EMBRAER Model EMB-110P1 and EMB-110P2 airplanes. This proposed
AD would require repetitive inspections for corrosion or cracking of
the rotating cylinder assembly in the nose landing gear (NLG), and
related investigative/corrective actions if necessary. This proposed AD
would also require the eventual replacement of the rotating cylinder
assembly with a new part, which terminates the need for the repetitive
inspections. This proposed AD is prompted by reports of corrosion on
the NLG rotating cylinder assembly. We are proposing this AD to prevent
cracks from emanating from corrosion pits in the NLG rotating cylinder
assembly, which could result in failure of the NLG.

DATES: We must receive comments on this proposed AD by June 24, 2005.

ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow

the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your

comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401,
Washington, DC 20590.
By fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., 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), P.O. Box 343--CEP
12.225, Sao Jose dos Campos-SP, Brazil.

[[Page 30029]]

You can examine the contents of this 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., room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This
docket number is FAA-2005-21302; the directorate identifier for this
docket is 2004-NM-189-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:

Comments Invited

We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-21302;
Directorate Identifier 2004-NM-189-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments submitted by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will

also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of our
docket Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You can review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit http://dms.dot.gov.

Examining the Docket

You can 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 DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the DMS receives them.

Discussion

The Departamento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, notified us that an unsafe condition may exist on
all EMBRAER Model EMB-110P1 and EMB-110P2 airplanes. The DAC advises
that corrosion has been found on the rotating cylinder assembly in the
nose landing gear (NLG). The corrosion was caused by the lack of
protective compound on the internal area of the rotating cylinder
assembly. Corrosion on the rotating cylinder assembly of the NLG, if
not corrected, could result in cracks emanating from corrosion pits in
the NLG rotating cylinder assembly, which could result in failure of
the NLG.

Relevant Service Information

EMBRAER has issued Service Bulletin 110-32-0088, Revision 03, dated
February 11, 2004.
Part I of the service bulletin includes procedures for performing
dye penetrant inspections of the NLG rotating cylinder assembly for
evidence of corrosion or cracking, and reporting any cracking to
EMBRAER.
Part II of the service bulletin includes procedures for evaluation
and bench inspections of the rotating cylinder assembly for evidence of
corrosion or cracking; protection procedures for the rotating cylinder
assembly; and corrective action if necessary. The evaluation inspection
includes dye penetrant and borescope inspections. The bench inspection
includes removing the rotating cylinder assembly from the airplane and
performing dye penetrant and borescope inspections. The protection
procedures include applying a protective material to the internal area
of the rotating cylinder assembly and a borescope inspection. For
airplanes on which any cracking or severe corrosion is found, the
corrective action includes replacing the rotating cylinder assembly
with a new rotating cylinder assembly.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The DAC mandated
the service information and issued Brazilian airworthiness directive
2004-04-01R1, dated July 27, 2004, to ensure the continued
airworthiness of these airplanes in Brazil.

FAA's Determination and Requirements of the Proposed AD

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. We have examined the DAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for products of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would require
accomplishing the actions specified in the service information
described previously, except as discussed under ``Difference Between
the Proposed AD and Service Information.''

Clarification of Proposed Requirements

This proposed AD would only require operators to perform the
actions specified in Part II of the Accomplishment Instructions of
EMBRAER Service Bulletin 110-32-0088, Revision 03, dated February 11,
2004. Requiring only the actions in Part II of the Accomplishment
Instructions is consistent with the Brazilian airworthiness directive.
Although the Brazilian airworthiness directive does not specifically
state that only the actions in Part II of the Accomplishment
Instructions are required, based on a comparison of the actions
identified in paragraphs (a) and (b) of the Brazilian airworthiness
directive, and the actions specified in Part I and Part II of the
Accomplishment Instructions, we have determined that only the actions
specified in Part II of the Accomplishment Instructions are included in
the Brazilian airworthiness directive. Also, the compliance times
specified in paragraphs (a) and (b) of the Brazilian airworthiness
directive are the same as the compliance times specified in the service
bulletin for accomplishing the actions included in Part II of the
Accomplishment Instructions.

Difference Between the Proposed AD and Service Information

The EMBRAER service bulletin requests that operators report any
cracking or severe corrosion found during any inspection to EMBRAER.
This AD would not require that action.

Costs of Compliance

The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.

[[Page 30030]]

Estimated Costs
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Number of U.S.-
Action Work hours Average labor Parts Cost per registered Fleet cost
rate per hour airplane airplanes
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Inspections in Part II of 5 $65 None............ $325 30 $9,750, per inspection cycle.
service bulletin, per
inspection cycle.
Application of protection 2 65 None............ 130 30 3,900.
compound.
Replacement of rotating 9 65 38,000.......... 38,585 30 1,157,550.
cylinder assembly
(terminating action).
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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 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 that the 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. 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, 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
airworthiness directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-21302; Directorate Identifier 2004-NM-189-AD.

Comments Due Date

(a) The Federal Aviation Administration must receive comments on
this AD action by June 24, 2005.

Affected ADs

(b) None.

Applicability

Unsafe Condition

(d) This AD was prompted by reports of corrosion on the rotating
cylinder assembly in the nose landing gear (NLG). We are issuing
this AD to prevent cracks from emanating from corrosion pits in the
NLG rotating cylinder assembly, which could result in failure of the
NLG.

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.

Service Bulletin References

(f) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of EMBRAER Service Bulletin 110-32-088,
Revision 03, dated February 11, 2004.

Inspections and Related Investigative/Corrective Actions

(g) Within 150 flight hours or 4 months after the effective date
of this AD, whichever is first: Perform the evaluation inspection
for corrosion or cracking of the NLG rotating cylinder assembly, in
accordance with Part II of the service bulletin. Depending on the
results of the inspections, perform the applicable action specified
in paragraph (g)(1), (g)(2), (g)(3), or (g)(4) of this AD.
(1) If no corrosion or cracking is found: Perform the detailed
bench inspection required by paragraph (h) of this AD at the time
specified in paragraph (h) of this AD.
(2) If only light corrosion is found: Repeat the inspection
required by paragraph (g) of this AD thereafter at intervals not to
exceed 150 flight hours or 4 months, whichever occurs first, until
the requirements specified in paragraph (h) or (i) of this AD are
accomplished.
(3) If severe corrosion is found, before further flight: Perform
the detailed bench inspection of the rotating cylinder assembly,
specified in paragraph (h) of this AD, for evidence of further
corrosion or cracking.

Note 1: The criteria for determining light or severe corrosion
are included in EMBRAER Service Bulletin 110-32-008, Revision 03.
The presence of oxidation is not considered to be corrosion.

(4) If any cracking is found, before further flight: Replace the
rotating cylinder assembly with a new part, in accordance with Part
II of the service bulletin. Replacing the rotating cylinder assembly
terminates the requirements of paragraphs (h) and (i) of this AD.

Bench Inspections, Protection Procedures, and Corrective Actions

(h) Within 600 flight hours or 12 months after the effective
date of this AD, whichever occurs first: Perform the detailed bench
inspection for corrosion or cracking of the NLG rotating cylinder
assembly in accordance with Part II of the service bulletin.
(1) If no corrosion or cracking is found during any inspection,
before further flight: Perform all of the actions specified in the
protection procedure section in Part II of the service bulletin.
(2) If only light corrosion is found during any inspection,
before further flight: Perform

[[Page 30031]]

all of the actions specified in the protection procedure section in
Part II of the service bulletin. Repeat the inspection required by
paragraph (g) of this AD, thereafter, at intervals not to exceed 600
flight hours or 9 months, whichever occurs first, until
accomplishing paragraph (i) of this AD.
(3) If any cracking or severe corrosion is found during any
inspection, before further flight: Replace the rotating cylinder
assembly with a new part in accordance with Part II of the service
bulletin. Replacing the rotating cylinder assembly terminates the
part replacement required by paragraph (i) of this AD.

Terminating Action

(i) Within 3,000 flight hours or 36 months after the effective
date of this AD, whichever occurs first: Replace the NLG rotating
cylinder assembly with a new part, in accordance with Part II of the
service bulletin. Replacing the rotating cylinder assembly
terminates the inspections required by paragraphs (g) and (h) of
this AD.

Actions Accomplished Previously

(j) Actions accomplished before the effective date of this AD in
accordance with EMBRAER Service Bulletin 110-32-0088, Revision 01,
dated September 1, 2003; or EMBRAER Service Bulletin 110-32-0088,
Revision 02, dated October 30, 2003; are acceptable for compliance
with the corresponding requirements of this AD.

Reporting Not Required

(k) Where the service bulletin states to report inspection
results to EMBRAER, that action is not required by this AD.

Alternative Methods of Compliance (AMOCs)

(l) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, has the authority to approve AMOCs for this
AD, if requested in accordance with the procedures found in 14 CFR
39.19.

Related Information

(m) Brazilian airworthiness directive 2004-04-01R1, dated July
27, 2004, also addresses the subject of this AD.

Issued in Renton, Washington, on May 16, 2005.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-10425 Filed 5-24-05; 8:45 am]

BILLING CODE 4910-13-P