[Federal Register: February 1, 2005 (Volume 70, Number 20)]
[Proposed Rules]
[Page 5076-5078]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe05-18]
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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-135 and -145 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain EMBRAER Model EMB-135 and -145 series airplanes. This
proposed AD would 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. This
proposed AD would also provide for optional terminating action for the
repetitive inspections. This proposed AD is prompted by a report of a
fractured axle of the trailing arm of the MLG due to corrosion of the
axle. We are proposing 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 take-off or landing.
DATES: We must receive comments on this proposed AD by March 3, 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.
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-
[[Page 5077]]
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 proposed AD. 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 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 Departmento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, notified us that an unsafe condition may exist on
certain EMBRAER Model EMB-135 and -145 series airplanes. The DAC
advises that it has received a report of a fractured axle of the
trailing arm of the main landing gear (MLG) due to corrosion of the
axle. This condition, if not corrected, could result in a broken
trailing arm and consequent failure of the MLG, which could lead to
loss of control and damage to the airplane during take-off or landing.
Relevant Service Information
EMBRAER has issued Service Bulletin 145-32-0091, Change 01, dated
July 1, 2004. The service bulletin describes procedures for performing
repeated 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. Corrective actions include a
detailed inspection for corrosion of the internal surface of the pivot
axle; repairing the trailing arm surface; applying protective paint and
corrosion inhibitors to the pivot axle or replacing the pivot axle with
a new pivot axle; and replacing the MLG cardan with a new, improved
cardan. Replacing the MLG cardan would eliminate the need for repeated
detailed inspections.
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 2004-08-02, dated September 3, 2004, to ensure
the continued airworthiness of these airplanes in Brazil.
Service Bulletin 145-32-0091, Change 01, 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 trailing arm
components. The ELEB service bulletin is included within the EMBRAER
service bulletin.
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
Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness agreement. According 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 Brazilian Airworthiness Directive.''
This proposed AD would also provide for optional terminating action
for the repetitive inspections.
Consistent with the findings of the DAC, the proposed AD would
allow repetitive inspections to continue in lieu of the terminating
action. In making this determination, we considered that long-term
continued operational safety in this case will be adequately ensured by
repetitive inspections to detect sealant failure or surface bruising of
the MLG trailing arm before it represents a hazard to the airplane.
Difference Between the Proposed AD and Brazilian Airworthiness
Directive
Brazilian airworthiness directive 2004-08-02, dated September 3,
2004, specifies a ``detailed visual inspection;'' however, this
proposed AD would require a ``detailed inspection'' to eliminate any
confusion about the proper type of inspection. We have included a
definition of this type of inspection in Note 1 of this proposed AD.
Costs of Compliance
This proposed AD would affect about 488 airplanes of U.S. registry.
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 AD 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 AD 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.
[[Page 5078]]
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-
2005-20223; Directorate Identifier 2004-NM-193-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by March 3, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model EMB-135 and -145 series airplanes,
certificated in any category; as listed in EMBRAER Service Bulletin
145-32-0091, Change 01, dated July 1, 2004.
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 take-off 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.
Inspection
(f) 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 (g)(3) 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
(g) If any sign of sealant failure or bruising of either
trailing arm surface is found, prior to further flight, do
paragraphs (g)(1), (g)(2) and (g)(3) of this AD. Do the actions in
accordance with EMBRAER Service Bulletin 145-32-0091, Change 01,
dated July 1, 2004. Accomplishment of paragraphs (g)(2) and (g)(3)
of this AD ends the repetitive inspections required by paragraph (f)
of this AD.
(1) Repair any bruising of the trailing arm surface.
(2) Replace the MLG cardan with a new, improved cardan.
(3) Perform a detailed inspection for corrosion of the internal
surface of the trailing arm pivot axle.
(i) If no corrosion is found, apply protective paint and
corrosion inhibitors.
(ii) If corrosion is found, 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
(h) 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.
Alternative Methods of Compliance (AMOCs)
(i) 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
(j) Brazilian airworthiness directive 2004-08-02, dated
September 3, 2004, also addresses the subject of this AD.
Issued in Renton, Washington, on January 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-1807 Filed 1-31-05; 8:45 am]
BILLING CODE 4910-13-P