Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and -145 Series Airplanes, 5076-5078 [05-1807]
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5076
Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules
manufacturer, this AD does not include that
requirement.
Determining Part Number, Serial Number
(g) At the later of the times specified in
paragraphs (g)(1) and (g)(2) of this AD:
Perform an inspection to determine the part
number and serial number of the left- and
right-hand elevator assemblies. If neither
elevator assembly has a part number and
serial number combination identified in
Table 1 of this AD, no further action is
required by this paragraph. If either elevator
assembly has a part number and serial
number combination identified in Table 1 of
this AD, do paragraph (h) of this AD.
(1) Within 10 years after the date of
issuance of the original Airworthiness
Certificate or the date of issuance of the
original Export Certificate of Airworthiness,
or before the accumulation of 12,000 total
flight cycles, whichever is first.
(2) Within 18 months after the effective
date of this AD.
TABLE 1.—AFFECTED ELEVATOR PART NUMBERS AND SERIAL NUMBERS
Affected part
numbers
Part
Left-hand elevator assembly ....................................................
F55280000000,
F55280000004
F55280000001,
F55280000005
CG1002 through CG1091 inclusive, CG1093, CG1094,
CG2001.
CG1002 through CG1094 inclusive, CG2001.
by paragraph (h) of this AD are
accomplished.
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.
Right-hand elevator assembly ..................................................
Inspections
(h) If the left- or right-hand elevator
assembly has a part number and serial
number combination identified in Table 1 of
this AD: Before further flight after
accomplishing paragraph (g) of this AD, do
the actions in paragraphs (h)(1), (h)(2), and
(h)(3) of this AD, as applicable.
(1) Perform an endoscopic inspection to
detect damage (such as a scratch, disbonding,
or a tear), and a tap test and a thermographic
inspection to detect signs of moisture
penetration, to the upper and lower elevator
panels on both sides of the airplane, in
accordance with the service bulletins.
(2) If any damage is found, before further
flight, do all applicable corrective actions
(including but not limited to repeating the
thermographic inspection to determine the
size of the damaged area, and performing a
tap test around the areas where moisture is
indicated), in accordance with the service
bulletin.
(3) Re-protect the elevator assembly
(including performing a general visual
inspection to determine if the drainage holes
are clean, a general visual inspection to
determine the condition of the sealant
covering the static discharges contour, and
applicable corrective actions), in accordance
with the service bulletin.
Note 1: For the purposes of this AD, a
general visual inspection is: ‘‘A visual
examination of an interior or exterior area,
installation, or assembly to detect obvious
damage, failure, or irregularity. This level of
inspection is made from within touching
distance unless otherwise specified. A mirror
may be necessary to ensure visual access to
all surfaces in the inspection area. This level
of inspection is made under normally
available lighting conditions such as
daylight, hangar lighting, flashlight, or
droplight and may require removal or
opening of access panels or doors. Stands,
ladders, or platforms may be required to gain
proximity to the area being checked.’’
Parts Installation
(i) As of the effective date of this AD, no
person may install, on any airplane, an
elevator assembly having a part number and
serial number combination identified in
Table 1 of this AD unless the actions required
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14:57 Jan 31, 2005
Jkt 205001
Affected serial numbers
Alternative Methods of Compliance
(AMOCs)
(j) The Manager, International Branch,
ANM–116, has the authority to approve
AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
Related Information
(k) French airworthiness directive F–2004–
118 R1, dated October 13, 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. 05–1806 Filed 1–31–05; 8:45 am]
BILLING CODE 4910–13–P
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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
PO 00000
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Fmt 4702
Sfmt 4702
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
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://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 https://
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–
DATES:
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Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules
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 https://
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 https://
dms.dot.gov.
Examining the Docket
You can examine the AD docket on
the Internet at https://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
VerDate jul<14>2003
14:57 Jan 31, 2005
Jkt 205001
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 § 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.
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5077
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.
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Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules
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.
§ 39.13
[Amended]
2. The FAA amends § 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.
VerDate jul<14>2003
14:57 Jan 31, 2005
Jkt 205001
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.
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Fmt 4702
Sfmt 4702
(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
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–20222; Directorate
Identifier 2004–NM–230–AD]
RIN 2120–AA64
Airworthiness Directives; Bombardier
Model DHC–8–102, –103, –106, –201,
–202, –301, –311, and –315 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Bombardier Model DHC–8–102,
–103, –106, –201, –202, –301, –311, and
–315 airplanes. The subject of this
proposed AD is the pilot’s static system.
This proposed AD would require
E:\FR\FM\01FEP1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Proposed Rules]
[Pages 5076-5078]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1807]
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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 https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
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
https://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 https://
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 https://dms.dot.gov.
Examining the Docket
You can examine the AD docket on the Internet at https://
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
