Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-110P1 and EMB-110P2 Airplanes, 30028-30031 [05-10425]
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Federal Register / Vol. 70, No. 100 / Wednesday, May 25, 2005 / Proposed Rules
with an engine failure occurring at the
most critical point during go-around
with the ATTCS system functioning.
d. The probability analysis must
include consideration of ATTCS failure
occurring after the time at which the
flightcrew last verifies that the ATTCS
is in a condition to operate until the
beginning of the critical time interval.
e. The propulsive thrust obtained
from the operating engine after failure of
the critical engine during a go-around
used to show compliance with the oneengine-inoperative climb requirements
of § 25.121(d) may not be greater than
the lesser of:
(i) The actual propulsive thrust
resulting from the initial setting of
power or thrust controls with the
ATTCS functioning; or
(ii) 111 percent of the propulsive
thrust resulting from the initial setting
of power or thrust controls with the
ATTCS failing to reset thrust or power
and without any action by the crew to
reset thrust or power.
3. Thrust Setting.
a. The initial go-around thrust setting
on each engine at the beginning of the
go-around phase may not be less than
any of the following:
(1) That required to permit normal
operation of all safety-related systems
and equipment dependent upon engine
thrust or power lever position; or
(2) That shown to be free of hazardous
engine response characteristics when
thrust or power is advanced from the
initial go-around position to the
maximum approved power setting.
b. For approval of an ATTCS for goaround, the thrust setting procedure
must be the same for go-arounds
initiated with all engines operating as
for go-arounds initiated with one engine
inoperative.
4. Powerplant Controls.
a. In addition to the requirements of
§ 25.1141, no single failure or
malfunction or probable combination
thereof of the ATTCS, including
associated systems, may cause the
failure of any powerplant function
necessary for safety.
b. The ATTCS must be designed to
accomplish the following:
(1) Apply thrust or power on the
operating engine(s), following any single
engine failure during go around, to
achieve the maximum approved goaround thrust without exceeding the
engine operating limits;
(2) Permit manual decrease or
increase in thrust or power up to the
maximum go-around thrust approved
for the airplane under existing
conditions through the use of the power
lever. For airplanes equipped with
limiters that automatically prevent the
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engine operating limits from being
exceeded under existing ambient
conditions, other means may be used to
increase the thrust in the event of an
ATTCS failure, provided that the means
meet the following criteria:
• Are located on or forward of the
power levers;
• Are easily identified and operated
under all operating conditions by a
single action of either pilot with the
hand that is normally used to actuate
the power levers, and
• Meet the requirements of § 25.777
(a), (b), and (c);
(3) Provide a means for the flightcrew
to verify before beginning an approach
for landing that the ATTCS is in a
condition to operate (unless it can be
demonstrated that an ATTCS failure
combined with an engine failure during
an entire flight is extremely
improbable); and
(4) Provide a means for the flightcrew
to deactivate the automatic function.
This means must be designed to prevent
inadvertent deactivation.
5. Powerplant Instruments. In
addition to the requirements of
§ 25.1305, the following requirements
must be met:
a. A means must be provided to
indicate when the ATTCS is in the
armed or ready condition; and
b. If the inherent flight characteristics
of the airplane do not provide adequate
warning that an engine has failed, a
warning system that is independent of
the ATTCS must be provided to give the
pilot a clear warning of any engine
failure during go-around.
Protection From Effects of HIRF
Each electrical and electronic system
that performs critical functions must be
designed and installed to ensure that the
operation and operational capability of
these systems to perform critical
functions are not adversely affected
when the airplane is exposed to highintensity radiated fields external to the
airplane.
For the purpose of this special
condition, the following definition
applies:
Critical Functions: Functions whose
failure would contribute to or cause a
failure condition that would prevent the
continued safe flight and landing of the
airplane.
Issued in Renton, Washington, on May 13,
2005.
Jeffrey Duven,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–10367 Filed 5–24–05; 8:45 am]
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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]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–110P1 and
EMB–110P2 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 all
EMBRAER Model EMB–110P1 and
EMB–110P2 airplanes. This proposed
AD would 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. This
proposed AD would also require the
eventual replacement of the rotating
cylinder assembly with a new part,
which terminates the need for the
repetitive inspections. This proposed
AD is prompted by reports of corrosion
on the NLG rotating cylinder assembly.
We are proposing 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: We must receive comments on
this proposed AD by June 24, 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.
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Federal Register / Vol. 70, No. 100 / Wednesday, May 25, 2005 / Proposed Rules
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–
21302; the directorate identifier for this
docket is 2004–NM–189–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–
2005–21302; Directorate Identifier
2004–NM–189–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
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the AD docket shortly after the DMS
receives them.
Discussion
The Departamento de Aviacao Civil
(DAC), which is the airworthiness
authority for Brazil, notified us that an
unsafe condition may exist on all
EMBRAER Model EMB–110P1 and
EMB–110P2 airplanes. The DAC advises
that corrosion has been found on the
rotating cylinder assembly in the nose
landing gear (NLG). The corrosion was
caused by the lack of protective
compound on the internal area of the
rotating cylinder assembly. Corrosion on
the rotating cylinder assembly of the
NLG, if not corrected, could result in
cracks emanating from corrosion pits in
the NLG rotating cylinder assembly,
which could result in failure of the
NLG.
Relevant Service Information
EMBRAER has issued Service Bulletin
110–32–0088, Revision 03, dated
February 11, 2004.
Part I of the service bulletin includes
procedures for performing dye penetrant
inspections of the NLG rotating cylinder
assembly for evidence of corrosion or
cracking, and reporting any cracking to
EMBRAER.
Part II of the service bulletin includes
procedures for evaluation and bench
inspections of the rotating cylinder
assembly for evidence of corrosion or
cracking; protection procedures for the
rotating cylinder assembly; and
corrective action if necessary. The
evaluation inspection includes dye
penetrant and borescope inspections.
The bench inspection includes
removing the rotating cylinder assembly
from the airplane and performing dye
penetrant and borescope inspections.
The protection procedures include
applying a protective material to the
internal area of the rotating cylinder
assembly and a borescope inspection.
For airplanes on which any cracking or
severe corrosion is found, the corrective
action includes replacing the rotating
cylinder assembly with a new rotating
cylinder assembly.
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 2004–04–01R1,
dated July 27, 2004, to ensure the
continued airworthiness of these
airplanes in Brazil.
FAA’s Determination and Requirements
of the Proposed AD
These airplane models are
manufactured in Brazil and are type
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certificated for operation in the United
States under the provisions of section
21.29 of the Federal Aviation
Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness
agreement. Pursuant 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 Service
Information.’’
Clarification of Proposed Requirements
This proposed AD would only require
operators to perform the actions
specified in Part II of the
Accomplishment Instructions of
EMBRAER Service Bulletin 110–32–
0088, Revision 03, dated February 11,
2004. Requiring only the actions in Part
II of the Accomplishment Instructions is
consistent with the Brazilian
airworthiness directive. Although the
Brazilian airworthiness directive does
not specifically state that only the
actions in Part II of the Accomplishment
Instructions are required, based on a
comparison of the actions identified in
paragraphs (a) and (b) of the Brazilian
airworthiness directive, and the actions
specified in Part I and Part II of the
Accomplishment Instructions, we have
determined that only the actions
specified in Part II of the
Accomplishment Instructions are
included in the Brazilian airworthiness
directive. Also, the compliance times
specified in paragraphs (a) and (b) of the
Brazilian airworthiness directive are the
same as the compliance times specified
in the service bulletin for accomplishing
the actions included in Part II of the
Accomplishment Instructions.
Difference Between the Proposed AD
and Service Information
The EMBRAER service bulletin
requests that operators report any
cracking or severe corrosion found
during any inspection to EMBRAER.
This AD would not require that action.
Costs of Compliance
The following table provides the
estimated costs for U.S. operators to
comply with this proposed AD.
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Federal Register / Vol. 70, No. 100 / Wednesday, May 25, 2005 / Proposed Rules
ESTIMATED COSTS
Action
Average labor
rate per hour
Work hours
Inspections in Part II of
service bulletin, per
inspection cycle.
Application of protection
compound.
Replacement of rotating
cylinder assembly
(terminating action).
Fleet cost
$65
None ...........
$325
30
$9,750, per inspection cycle.
2
65
None ...........
130
30
3,900.
9
65
38,000 .........
38,585
30
1,157,550.
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 proposed AD. See the ADDRESSES
section for a location to examine the
regulatory evaluation.
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Number of
U.S.-registered
airplanes
5
Authority for This Rulemaking
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Parts
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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–
21302; Directorate Identifier 2004–NM–
189–AD.
Comments Due Date
(a) The Federal Aviation Administration
must receive comments on this AD action by
June 24, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model
EMB–110P1 and EMB–110P2 airplanes,
certificated in any category.
Unsafe Condition
(d) This AD was prompted by 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 References
(f) The term ‘‘service bulletin,’’ as used in
this AD, means the Accomplishment
Instructions of EMBRAER Service Bulletin
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110–32–088, 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, in accordance with Part II
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 detailed bench inspection
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 detailed bench
inspection of the rotating cylinder assembly,
specified in 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 110–32–008,
Revision 03. 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 detailed bench
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 the
protection procedure section in Part II of the
service bulletin.
(2) If only light corrosion is found during
any inspection, before further flight: Perform
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all of the actions specified in the protection
procedure section in Part II of the service
bulletin. Repeat the inspection required by
paragraph (g) of this AD, thereafter, 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 part
replacement required by paragraph (i) of this
AD.
Terminating Action
(i) 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) and (h) 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, dated July 27, 2004, also addresses
the subject of this AD.
Issued in Renton, Washington, on May 16,
2005.
Michael J. Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–10425 Filed 5–24–05; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2005–20322; Airspace
Docket No. 05–ANM–1]
RIN 2120–AA66
Proposed Establishment and Revision
of Area Navigation (RNAV) Routes;
Western United States
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: This action proposes to
establish three area navigation (RNAV)
routes and revise two existing RNAV
routes in the Western United States in
support of the High Altitude Redesign
(HAR) project. The FAA is proposing
this action to enhance safety and to
improve the efficient use of the
navigable airspace.
DATES: Comments must be received on
or before July 11, 2005.
ADDRESSES: Send comments on this
proposal to the Docket Management
System, U.S. Department of
Transportation, Room Plaza 401, 400
Seventh Street, SW., Washington, DC
20590–0001. You must identify FAA
Docket No. FAA–2005–20322 and
Airspace Docket No. 05–ANM–1, at the
beginning of your comments. You may
also submit comments through the
Internet at https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Ken
McElroy, Airspace and Rules, Office of
System Operations and Safety, Federal
Aviation Administration, 800
Independence Avenue, SW.,
Washington, DC 20591; telephone: (202)
267–8783.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments, as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers (FAA Docket No. FAA–
2005–20322 and Airspace Docket No.
05-ANM–1) and be submitted in
triplicate to the Docket Management
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30031
System (see ADDRESSES section for
address and phone number). You may
also submit comments through the
Internet at https://dms.dot.gov.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this action must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to FAA
Docket No. FAA–2005–20322 and
Airspace Docket No. 05–ANM–1.’’ The
postcard will be date/time stamped and
returned to the commenter.
All communications received on or
before the specified closing date for
comments will be considered before
taking action on the proposed rule. The
proposal contained in this action may
be changed in light of comments
received. All comments submitted will
be available for examination in the
public docket both before and after the
closing date for comments. A report
summarizing each substantive public
contact with FAA personnel concerned
with this rulemaking will be filed in the
docket.
Availability of NPRM’s
An electronic copy of this document
may be downloaded through the
Internet at https://dms.dot.gov. Recently
published rulemaking documents can
also be accessed through the FAA’s Web
page at https://www.faa.gov, or the
Federal Register’s Web page at https://
www.gpoaccess.gov/fr/.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office (see
ADDRESSES section for address and
phone number) between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. An informal docket
may also be examined during normal
business hours at the office of the
Regional Air Traffic Division, Federal
Aviation Administration, 1601 Lind
Avenue SW., Renton, Washington,
98055–4056.
Persons interested in being placed on
a mailing list for future NPRM’s should
contact the FAA’s Office of Rulemaking,
(202) 267–9677, for a copy of Advisory
Circular No. 11–2A, Notice of Proposed
Rulemaking Distribution System, which
describes the application procedure.
History
As part of the on-going National
Airspace Redesign (NAR), the FAA
implemented the HAR Program. This
program focuses on developing and
implementing improvements in
navigation structure and operating
methods to allow more flexible and
efficient en route operations in the high
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]]>Agencies
[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Proposed Rules]
[Pages 30028-30031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10425]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-21302; Directorate Identifier 2004-NM-189-AD]
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: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all EMBRAER Model EMB-110P1 and EMB-110P2 airplanes. This proposed
AD would 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. This proposed AD
would also require the eventual replacement of the rotating cylinder
assembly with a new part, which terminates the need for the repetitive
inspections. This proposed AD is prompted by reports of corrosion on
the NLG rotating cylinder assembly. We are proposing 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: We must receive comments on this proposed AD by June 24, 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.
[[Page 30029]]
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-2005-21302; the directorate identifier for this
docket is 2004-NM-189-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-2005-21302;
Directorate Identifier 2004-NM-189-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 Departamento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, notified us that an unsafe condition may exist on
all EMBRAER Model EMB-110P1 and EMB-110P2 airplanes. The DAC advises
that corrosion has been found on the rotating cylinder assembly in the
nose landing gear (NLG). The corrosion was caused by the lack of
protective compound on the internal area of the rotating cylinder
assembly. Corrosion on the rotating cylinder assembly of the NLG, if
not corrected, could result in cracks emanating from corrosion pits in
the NLG rotating cylinder assembly, which could result in failure of
the NLG.
Relevant Service Information
EMBRAER has issued Service Bulletin 110-32-0088, Revision 03, dated
February 11, 2004.
Part I of the service bulletin includes procedures for performing
dye penetrant inspections of the NLG rotating cylinder assembly for
evidence of corrosion or cracking, and reporting any cracking to
EMBRAER.
Part II of the service bulletin includes procedures for evaluation
and bench inspections of the rotating cylinder assembly for evidence of
corrosion or cracking; protection procedures for the rotating cylinder
assembly; and corrective action if necessary. The evaluation inspection
includes dye penetrant and borescope inspections. The bench inspection
includes removing the rotating cylinder assembly from the airplane and
performing dye penetrant and borescope inspections. The protection
procedures include applying a protective material to the internal area
of the rotating cylinder assembly and a borescope inspection. For
airplanes on which any cracking or severe corrosion is found, the
corrective action includes replacing the rotating cylinder assembly
with a new rotating cylinder assembly.
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
2004-04-01R1, dated July 27, 2004, to ensure the continued
airworthiness of these airplanes in Brazil.
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
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant 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 Service Information.''
Clarification of Proposed Requirements
This proposed AD would only require operators to perform the
actions specified in Part II of the Accomplishment Instructions of
EMBRAER Service Bulletin 110-32-0088, Revision 03, dated February 11,
2004. Requiring only the actions in Part II of the Accomplishment
Instructions is consistent with the Brazilian airworthiness directive.
Although the Brazilian airworthiness directive does not specifically
state that only the actions in Part II of the Accomplishment
Instructions are required, based on a comparison of the actions
identified in paragraphs (a) and (b) of the Brazilian airworthiness
directive, and the actions specified in Part I and Part II of the
Accomplishment Instructions, we have determined that only the actions
specified in Part II of the Accomplishment Instructions are included in
the Brazilian airworthiness directive. Also, the compliance times
specified in paragraphs (a) and (b) of the Brazilian airworthiness
directive are the same as the compliance times specified in the service
bulletin for accomplishing the actions included in Part II of the
Accomplishment Instructions.
Difference Between the Proposed AD and Service Information
The EMBRAER service bulletin requests that operators report any
cracking or severe corrosion found during any inspection to EMBRAER.
This AD would not require that action.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
[[Page 30030]]
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work hours Average labor Parts Cost per registered Fleet cost
rate per hour airplane airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspections in Part II of 5 $65 None............ $325 30 $9,750, per inspection cycle.
service bulletin, per
inspection cycle.
Application of protection 2 65 None............ 130 30 3,900.
compound.
Replacement of rotating 9 65 38,000.......... 38,585 30 1,157,550.
cylinder assembly
(terminating action).
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 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-
2005-21302; Directorate Identifier 2004-NM-189-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by June 24, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model EMB-110P1 and EMB-110P2
airplanes, certificated in any category.
Unsafe Condition
(d) This AD was prompted by 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 References
(f) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of EMBRAER Service Bulletin 110-32-088,
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, in
accordance with Part II 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 detailed
bench inspection 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 detailed bench inspection of the rotating cylinder assembly,
specified in 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 110-32-008, Revision 03.
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 detailed bench
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 the
protection procedure section in Part II of the service bulletin.
(2) If only light corrosion is found during any inspection,
before further flight: Perform
[[Page 30031]]
all of the actions specified in the protection procedure section in
Part II of the service bulletin. Repeat the inspection required by
paragraph (g) of this AD, thereafter, 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
part replacement required by paragraph (i) of this AD.
Terminating Action
(i) 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) and (h) 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, dated July
27, 2004, also addresses the subject of this AD.
Issued in Renton, Washington, on May 16, 2005.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-10425 Filed 5-24-05; 8:45 am]
BILLING CODE 4910-13-P
