FR Doc 05-18057

[Federal Register: September 14, 2005 (Volume 70, Number 177)]
[Rules and Regulations]
[Page 54244-54247]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14se05-3]

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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;
Amendment 39-14267; AD 2005-19-02]
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: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
EMBRAER Model EMB-110P1 and EMB-110P2 airplanes. This AD requires
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 AD also requires
the eventual replacement of the rotating cylinder assembly with a new
part, which terminates the need for the repetitive inspections. This AD
results from reports of corrosion on the NLG rotating cylinder
assembly. 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.

DATES: Effective October 19, 2005.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of October 19,
2005.

ADDRESSES: You may examine the 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., Nassif Building,
Room PL-401, Washington, DC.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343-CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service
information identified in this 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:

Examining the Docket

You may examine the AD docket on the Internet at http://dms.dot.gov

or in

[[Page 54245]]

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 street address stated in the
ADDRESSES section.

Discussion

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to all EMBRAER Model EMB-
110P1 and EMB-110P2 airplanes. That NPRM was published in the Federal
Register on May 25, 2005 (70 FR 30028). That NPRM proposed to 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. That NPRM also proposed
to require the eventual replacement of the rotating cylinder assembly
with a new part, which terminates the need for the repetitive
inspections.

Comments

We provided the public the opportunity to participate in the
development of this AD. We have considered the comments on the NPRM
that have been received from a single commenter.

Request for Clarification of Paragraph (g)

The commenter asks for clarification of the language used to
identify the location of the instructions for the evaluation inspection
specified in paragraph (g) of the NPRM. The commenter reiterates the
language used in that paragraph and asks that paragraph (g) be changed
to read, ``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 nose landing gear (NLG) rotating cylinder
assembly, by doing all the actions specified in the Evaluation
Inspection section of EMBRAER Service Bulletin 110-32-0088, Revision
03, Part II.'' (Part II of the service bulletin is identified in the
NPRM as the location of the procedures for performing the evaluation
inspection.)
We infer that the commenter is asking that paragraph (g) of this AD
be changed to identify the exact location of the procedures used for
accomplishing the evaluation inspection specified in the service
bulletin. Those procedures are identified in the ``Evaluation
Inspection'' section of the service bulletin (paragraph 2.3.1.1.). We
agree and have identified that section in paragraph (g) for
clarification.

Request To Change Paragraph (h)(1) To Add Terminating Action

The commenter asks that paragraph (h)(1) of the NPRM be changed to
add that accomplishing the requirements specified in that paragraph
would terminate the requirements specified in paragraph (i) of the
NPRM. The commenter states that it is not necessary to replace the NLG
rotating cylinder with a new one, as required by paragraph (i), if the
bench detailed inspection specified in paragraph (h)(1) reveals no
signs of corrosion or cracking. The commenter notes that the protective
coating must be applied in order to resume normal operation of the
airplane. The commenter reiterates the language used in paragraph
(h)(1) and asks that it be changed to read, ``If no corrosion or
cracking is found during any inspection, before further flight: Perform
all of the actions specified in the Protection Procedure section of
EMBRAER Service Bulletin 110-32-0088, Revision 03, Part II. Application
of this protection on parts with no signs of corrosion or cracking
terminates the requirement of paragraph (i).''
We do not agree to change paragraph (h)(1) of the AD. Application
of the protective coating on parts with no signs of corrosion or
cracking does not terminate the requirements of paragraph (i) of the
AD. Eventual replacement of the NLG is required regardless of
inspection findings, and only that replacement terminates the
repetitive inspections required by this AD.

Clarification of Paragraph (f) and Note 1

We have changed paragraph (f) and Note 1 of the NPRM to provide the
correct service bulletin citation.

Conclusion

We have carefully reviewed the available data, including the
comments that have been received, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. These changes will neither increase the economic burden on
any operator nor increase the scope of the AD.

Costs of Compliance

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

Estimated Costs
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Number of
Work Average Cost per U.S.-
Action hours labor rate Parts cost airplane registered Fleet cost
per hour airplanes
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Inspections in Part II of service 5 $65 None $325 30 $9,750, per inspection cycle.
bulletin, per inspection cycle.
Application of protection compound....... 2 65 None 130 30 $3,900.
Replacement of rotating cylinder assembly 9 65 $38,000 38,585 30 $1,157,550.
(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 AD will not have federalism
implications under Executive Order 13132. This AD will

[[Page 54246]]

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 this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under 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. 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, 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):

2005-19-02 Empresa Brasileira De Aeronautica S.A. (EMBRAER):
Amendment 39-14267. Docket No. FAA-2005-21302; Directorate
Identifier 2004-NM-189-AD.

Effective Date

(a) This AD becomes effective October 19, 2005.

Affected ADs

(b) None.

Applicability

Unsafe Condition

(d) This AD results from 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 Reference

(f) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of EMBRAER Service Bulletin 110-32-0088,
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, by
doing all the actions in accordance with Part II, paragraph
2.3.1.1., ``Evaluation Inspection,'' 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 bench
detailed inspection of the rotating cylinder assembly 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 bench detailed inspection of the rotating cylinder assembly
required by 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 110-32-0088, Revision 03,
dated February 11, 2004. 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 bench detailed
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 Part
II, paragraph 2.3.1.3., ``Protection Procedure,'' of the service
bulletin.
(2) If only light corrosion is found during any inspection,
before further flight: Perform all of the actions specified in Part
II, paragraph 2.3.1.3., ``Protection Procedure,'' of the service
bulletin. Thereafter, repeat the inspection required by paragraph
(g) of this AD 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
inspections required by paragraphs (g)(2) and (h)(2) of this AD.

Replacement

(i) If any NLG rotating cylinder assembly is found to have light
corrosion during any inspection required by paragraph (g)(2) or
(h)(2) of this AD, as applicable: 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)(2) and (h)(2) 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, effective
July 27, 2004, also addresses the subject of this AD.

Material Incorporated by Reference

(n) Unless otherwise specified in this AD, the actions must be
done in accordance EMBRAER Service Bulletin 110-32-0088, Revision
03, dated February 11, 2004, which contains the following list of
effective pages:

------------------------------------------------------------------------
Revision
Page No. level shown Date shown on page
on page
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1-8............................ 03 February 11, 2004.
2-7, 9......................... 01 September 1, 2003.
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The Director of the Federal Register approved the incorporation by
reference of this document in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Contact Empresa Brasileira de Aeronautica S.A.
(EMBRAER),

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P.O. Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for a
copy of this service information. You may review copies at the
Docket Management Facility, U.S. Department of Transportation, 400
Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC;
on the Internet at http://dms.dot.gov; or at the National Archives

and Records Administration (NARA).
For information on the availability of this material at the
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 September 6, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-18057 Filed 9-13-05; 8:45 am]

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