[Federal Register: October 12, 2005 (Volume 70, Number 196)]
[Rules and Regulations]
[Page 59244-59246]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc05-11]
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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;
Amendment 39-14334; AD 2005-20-37]
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: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
EMBRAER Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes. This AD requires
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 AD also provides for
optional terminating action for the repetitive detailed inspections.
This AD results from a report of a fractured axle of the trailing arm
of the 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.
DATES: This AD becomes effective November 16, 2005.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 16,
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 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 supplemental notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an AD that would apply to certain
EMBRAER Model EMB-135 and -145 series airplanes. That supplemental NPRM
was published in the Federal Register on August 11, 2005 (70 FR 46788).
That supplemental NPRM proposed to require repetitive detailed
[[Page 59245]]
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. The supplemental NPRM also proposed to
provide optional terminating action for the repetitive detailed
inspections.
Comments
We provided the public the opportunity to participate in the
development of this AD. No comments have been received on the
supplemental NPRM or on the determination of the cost to the public.
Clarification of Costs of Compliance
We determined that the Costs of Compliance of the supplemental NPRM
did not clearly indicate that airplanes having MLGs installed that do
not have cardan assembly part number (P/N) 2309-2041-003 installed are
not subject to all requirements of the AD. We have revised the Costs of
Compliance to clarify that only airplanes having MLGs installed that do
have cardan assembly P/N 2309-2041-003 installed are subject to all
requirements of this AD.
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
Correction of Typographical Error
Paragraph (j) of this AD is required for all subject MLGs intended
to be installed on any affected airplane after the effective date of
this AD, therefore, the last sentence of paragraph (f) of the AD should
read `` * * * except as provided by paragraph (j) of this AD.''
However, we noticed that paragraph (f) of the supplemental NPRM reads
`` * * * except as provided by paragraph (i) of this AD.'' We have
revised paragraph (f) of the AD accordingly to correct this
typographical error from (i) to (j) as described.
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD with the
changes described previously. We have determined that these changes
will neither increase the economic burden on any operator nor increase
the scope of the AD.
Costs of Compliance
This AD will affect about 488 airplanes of U.S. registry.
The part number verification will 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 required inspection for U.S.
operators is $31,720, or $65 per airplane.
If required, the inspection of the MLG trailing arm surface and
pivot axle sealant will 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 inspection for U.S. operators is up to $31,720,
or $65 per airplane, per inspection cycle.
If required, the replacement of the MLG cardan and inspection of
the internal surface of the MLG trailing arm pivot axle will take about
1 work hour per MLG (two MLGs per airplane), at an average labor rate
of $65 per work hour. Required parts will cost about $3,500 per cardan.
Based on these figures, the estimated cost of these actions for U.S.
operators is $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 AD will not have federalism
implications under Executive Order 13132. This AD will 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):
2005-20-37 Empresa Brasileira De Aeronautica S.A. (EMBRAER):
Amendment 39-14334. Docket No. FAA-2005-20223; Directorate
Identifier 2004-NM-193-AD.
Effective Date
(a) This AD becomes effective November 16, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model EMB-135BJ, -135ER, -
135KE, -135KL, -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
[[Page 59246]]
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 (j) 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 during any inspection required by
paragraph (g) of this AD, 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) 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 (g) and (h)
of this AD, as applicable, have been accomplished.
Alternative Methods of Compliance (AMOCs)
(k)(1) 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.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(l) Brazilian airworthiness directive 2004-08-02, dated
September 3, 2004, also addresses the subject of this AD.
Material Incorporated by Reference
(m) You must use EMBRAER Service Bulletin 145-32-0091, Change
01, dated July 1, 2004, to perform the actions that are required by
this AD, unless the AD specifies otherwise. 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), PO 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 28, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-20066 Filed 10-11-05; 8:45 am]
BILLING CODE 4910-13-P