[Federal Register: August 11, 2005 (Volume 70, Number 154)]
[Proposed Rules]
[Page 46788-46790]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au05-28]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20223; Directorate Identifier 2004-NM-193-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness
directive (AD) that applies to certain EMBRAER Model EMB-135 and -145
series airplanes. The original NPRM would have required repetitive
detailed inspections for surface bruising of the main landing gear
(MLG) trailing arms and integrity of the MLG pivot axle sealant, and
corrective actions if necessary; and would also have provided for
optional terminating action for the repetitive inspections. The
original NPRM was prompted by a report of a fractured axle of the
trailing arm of the MLG due to corrosion of the axle. This action
revises the original NPRM by expanding the applicability and by
providing final terminating action for the repetitive detailed
inspections. We are proposing this supplemental NPRM to prevent a
broken trailing arm and consequent failure of the MLG, which could lead
to loss of control and damage to the airplane during takeoff or
landing.
DATES: We must receive comments on this supplemental NPRM by September
6, 2005.
ADDRESSES: Use one of the following addresses to submit comments on
this supplemental NPRM.
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.
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), PO Box 343--CEP
12.225, Sao Jose dos Campos--SP, Brazil.
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-2005-20223; the directorate identifier for this
docket is 2004-NM-193-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 supplemental NPRM. Send your comments to an
address listed under ADDRESSES. Include ``Docket No. FAA-2005-20223;
Directorate Identifier 2004-NM-193-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this supplemental NPRM.
We will consider all comments received by the closing date and may
amend this supplemental NPRM in light of those comments.
We will post all comments submitted, 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 supplemental NPRM. 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
[[Page 46789]]
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 in the Nassif Building at the DOT street address stated in
ADDRESSES. Comments will be available in the AD docket shortly after
the DMS receives them.
Discussion
We proposed to amend 14 CFR part 39 with a notice of proposed
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original
NPRM''). The original NPRM applies to certain EMBRAER Model EMB-135 and
-145 series airplanes. The original NPRM was published in the Federal
Register on February 1, 2005 (70 FR 5076). The original NPRM proposed
to require repetitive detailed inspections for surface bruising of the
main landing gear (MLG) trailing arms and integrity of the MLG pivot
axle sealant, and corrective actions if necessary; and would also have
provided for optional terminating action for the repetitive
inspections.
Comments
We have considered the following comments on the original NPRM.
Request To Revise Applicability
One commenter, the manufacturer, notified us that the applicability
as written would not ensure that the unsafe condition would be
corrected on all airplanes. The commenter states that the airplanes
listed by serial number in the service bulletin have a factory-
delivered configuration; therefore, it could be possible to transfer an
unsafe MLG from one of those airplanes to another airplane and
propagate the unsafe condition. The commenter asserts that the unsafe
condition will be corrected on all airplanes if the applicability
refers to the MLG, not the actual airplane.
We agree that it is possible to transfer an unsafe MLG from an
airplane not listed in the service bulletin. However, in such cases, it
is our practice to identify the affected airplane model(s) in the
applicability and require an inspection for affected part numbers.
Accordingly, we have expanded the applicability of this supplemental
NPRM to specify all Model EMB-135 and -145 airplanes and added an
inspection of the MLGs of those airplanes to determine if a cardan
having a certain part number is installed on the MLGs. In addition, we
have added a new paragraph (j) to this supplemental NPRM to prohibit
installation of the affected MLGs, unless certain actions required by
this AD have been accomplished, which will preclude the transfer of
unsafe MLGs from one airplane to another.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
The changes discussed above expand the scope of the original NPRM;
therefore, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for public comment on
this supplemental NPRM.
Costs of Compliance
This supplemental NPRM would affect about 488 airplanes of U.S.
registry.
The proposed part number verification would take about 1 work hour
per airplane, at an average labor rate of $65 per work hour. Based on
these figures, the estimated cost of the proposed inspection for U.S.
operators is $31,720, or $65 per airplane.
The proposed inspection of the MLG trailing arm surface and pivot
axle sealant would take about 1 work hour per airplane, at an average
labor rate of $65 per work hour. Based on these figures, the estimated
cost of the proposed inspection for U.S. operators is $31,720, or $65
per airplane, per inspection cycle.
The proposed replacement of the MLG cardan and inspection of the
internal surface of the MLG trailing arm pivot axle would take about 1
work hour per MLG (two MLGs per airplane), at an average labor rate of
$65 per work hour. Required parts would cost about $3,500 per cardan.
Based on these figures, the estimated cost of the proposed actions for
U.S. operators is $3,479,440, or $7,130 per airplane.
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 supplemental NPRM. 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-
2005-20223; Directorate Identifier 2004-NM-193-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by September 6, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model EMB-135BJ, -135ER, -
135KE, -135KL,
[[Page 46790]]
-135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP
airplanes, certificated in any category.
Unsafe Condition
(d) This AD was prompted by a report of a fractured axle of the
trailing arm of the main landing gear (MLG) due to corrosion of the
axle. We are issuing this AD to prevent a broken trailing arm and
consequent failure of the MLG, which could lead to loss of control
and damage to the airplane during takeoff or landing.
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.
Part Number Verification
(f) Within 600 flight hours or 180 days after the effective date
of this AD, whichever occurs first, inspect the left and right MLG
to determine whether cardan assembly part number (P/N) 2309-2041-003
is installed. A review of airplane maintenance records is acceptable
in lieu of this inspection if the P/N of the cardan assembly can be
conclusively determined from that review. If cardan P/N 2309-2041-
003 is not installed in the MLG, no further action is required for
that MLG, except as provided by paragraph (i) of this AD. If cardan
P/N 2309-2041-003 is installed in the MLG, continue with paragraph
(g) of this AD.
Inspection
(g) Within 600 flight hours or 180 days after the effective date
of this AD, whichever occurs first, perform a detailed inspection
for surface bruising of the MLG trailing arms and integrity of the
MLG pivot axle sealant; in accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin 145-32-0091, Change 01,
dated July 1, 2004. If no sign of sealant failure or bruising of the
trailing arm is found, repeat the inspection thereafter at intervals
not to exceed 5,500 flight hours or 24 months, whichever occurs
first, until paragraph (h) of this AD has been accomplished.
Note 1: For the purposes of this AD, a detailed 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
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
Corrective/Terminating Actions
(h) If any sign of sealant failure or bruising of either
trailing arm surface is found, prior to further flight, do
paragraphs (h)(1), (h)(2), and (h)(3) of this AD. Do the actions in
accordance with the Accomplishment Instructions of EMBRAER Service
Bulletin 145-32-0091, Change 01, dated July 1, 2004. Accomplishment
of paragraph (h) of this AD for any MLG ends the repetitive
inspections required by paragraph (g) of this AD for that MLG.
(1) Repair any bruising of the trailing arm surface.
(2) Replace the MLG cardan with a new, improved cardan having P/
N 2309-2041-401.
(3) Perform a detailed inspection for corrosion of the internal
surface of the trailing arm pivot axle.
(i) If no corrosion is found, prior to further flight, apply
protective paint and corrosion inhibitors.
(ii) If corrosion is found, prior to further flight, replace the
pivot axle with a new pivot axle and apply corrosion inhibitors.
Note 2: EMBRAER Service Bulletin 145-32-0091, Change 01, dated
July 1, 2004, refers to Embraer Liebherr Equipamentos do Brasil S.A.
(ELEB) Service Bulletin 2309-2002-32-04, Revision 01, dated May 24,
2004, as an additional source of service information for the
inspection and repair of the MLG components. The ELEB service
bulletin is included within the EMBRAER service bulletin.
Actions Accomplished According to Previous Issue of Service Bulletin
(i) Actions accomplished before the effective date of this AD
according to EMBRAER Service Bulletin 145-32-0091, dated February
19, 2004, are considered acceptable for compliance with the
corresponding actions specified in this AD.
Parts Installation
(j) As of the effective date of this AD, no person may install
an MLG having a cardan assembly, part number 2309-2041-003, on any
affected airplane, unless the requirements of paragraphs (f), (g),
and (h) of this AD, as applicable, have been accomplished.
Alternative Methods of Compliance (AMOCs)
(k) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
Related Information
(l) Brazilian airworthiness directive 2004-08-02, dated
September 3, 2004, also addresses the subject of this AD.
Issued in Renton, Washington, on August 3, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-15880 Filed 8-10-05; 8:45 am]
BILLING CODE 4910-13-P