Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 Airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes, 48906-48908 [05-16536]

Download as PDF 48906 Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Proposed Rules For the reasons discussed above, I certify that this 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) if promulgated, 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. A copy of the draft regulatory evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption ADDRESSES. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness directive: Boeing: Docket 2003–NM–238–AD. Applicability: Boeing Model 727, 727C, 727–100, and 727–100C series airplanes, line numbers 1 through 694 inclusive; certificated in any category. Compliance: Required as indicated, unless accomplished previously. To detect and correct fatigue cracking of the forward and aft edge frames of the lower lobe forward cargo door (FCD) cutout, which could result in the loss of the FCD and rapid decompression of the airplane, accomplish the following: Note 1: This AD is related to AD 98–11– 03 R1, amendment 39–10983 (64 FR 989, January 7, 1999), and affects Structural Significant Item (SSI) F–11B of the Boeing 727 Supplemental Structural Inspection Document (SSID) program, D6–48040–1, Revision H, dated June 1994. Initial and Repetitive Inspections (a) For airplanes on which the forward and aft edge frames of the lower lobe FCD cutout have not been inspected per AD 98–11–03 R1 as of the effective date of this AD: Prior to the accumulation of 21,000 total flight cycles, or within 3,000 flight cycles after the effective date of this AD, whichever occurs VerDate jul<14>2003 16:05 Aug 19, 2005 Jkt 205001 later, do the inspections specified in paragraph (c) of this AD. (b) For airplanes on which the forward and aft edge frames of the lower lobe FCD cutout have been inspected per AD 98–11–03 R1 as of the effective date of this AD: Within the next scheduled inspection required by AD 98–11–03 R1, or within 3,000 flight cycles after the effective date of this AD, whichever occurs first, do the inspections specified in paragraph (c) of this AD. (c) At the time specified in paragraph (a) or paragraph (b) of this AD, as applicable: Perform the detailed and high frequency eddy current inspections for cracks in the web and the inner and outer chords of the forward and aft frames of the forward cargo doorway in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 727–53A0229, dated March 24, 2005. Repeat the inspections thereafter at intervals not to exceed 3,000 flight cycles. Corrective Action (d) If any crack is found during any inspection required by paragraph (c) of this AD: Before further flight, repair per a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA; or according to data meeting the certification basis of the airplane approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the approval must meet the certification basis of the airplane, and the approval must specifically reference this AD. Certain Actions Constitute Compliance With AD 98–11–03 R1 (e) Accomplishment of the inspections specified in paragraph (c) of this AD is terminating action for the inspections required by AD 98–11–03 R1 that pertain to SSI F–11B of Boeing Document No. D6– 48040–1, Boeing 727 SSID, Revision H, dated June 1994, for the areas specified in paragraph (c) of this AD only. Accomplishment of the actions required by paragraph (c) of this AD does not terminate the inspections required by AD 98–11–03 R1 for the remaining areas of SSI F–11B and does not terminate the remaining requirements of AD 98–11–03 R1. No Reporting Required (f) Although the service bulletin referenced in this AD specifies to provide certain information to the manufacturer, this AD does not include that requirement. Alternative Methods of Compliance (g) In accordance with 14 CFR 39.19, the Manager, Seattle ACO, is authorized to approve alternative methods of compliance (AMOCs) for this AD. Issued in Renton, Washington, on August 11, 2005. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–16537 Filed 8–19–05; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–22147; Directorate Identifier 2005–NM–114–AD] RIN 2120–AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135 Airplanes, and Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP 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 EMBRAER Model EMB–135 airplanes, and Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. This proposed AD would require modification of the logic of the steering system of the nose landing gear (NLG) wheel. This proposed AD results from the reports of the loss of directional control of the airplane on the ground after an internal failure of the NLG wheel steering system. We are proposing this AD to prevent failure of the NLG wheel steering system, which could result in reduced controllability of the airplane. DATES: We must receive comments on this proposed AD by September 21, 2005. 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. • 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. Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil, for service ADDRESSES: E:\FR\FM\22AUP1.SGM 22AUP1 Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Proposed Rules information identified in this proposed 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. Include the docket number ‘‘FAA–2005–22147; Directorate Identifier 2005–NM–114– 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 received 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 that 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 may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78), or you may visit https:// dms.dot.gov. Examining the Docket You may 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 Docket Management System 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 airplanes, and Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. The DAC advises that there VerDate jul<14>2003 16:05 Aug 19, 2005 Jkt 205001 are reports of the loss of directional control of the airplane on the ground after an internal failure of the steering system of the nose landing gear (NLG) wheel. All events took place after the pilot attempted to use the steering control hand wheel following the display of a caution message ‘‘STEER INOP’’ on the engine indicating and crew alerting system (EICAS). This condition, if not corrected, could result in reduced controllability of the airplane. Relevant Service Information EMBRAER has issued Service Bulletin 145LEG–32–0020, dated April 1, 2005 (for Model EMB–135BJ airplanes); and Service Bulletin 145–32–0104, dated January 18, 2005 (for Model EMB– 135ER, –135KE, –135KL, and –135LR airplanes, and EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes). The service bulletins describe procedures for modifying the logic of the NLG wheel steering system. The modification consists of replacing a relay with a new relay, installing an additional relay, and routing wires. 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 2005–04–02, dated April 30, 2005, 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 airplanes 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. Difference Between Proposed AD and Foreign AD Brazilian airworthiness directive 2005–04–02, dated April 30, 2005, is applicable to ‘‘all EMBRAER Model EMB–145( ) and EMB–135( ) aircraft models in operation.’’ However, this PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 48907 does not agree with EMBRAER Service Bulletin 145LEG–32–0020, dated April 1, 2005, and Service Bulletin 145–32– 0104, dated January 18, 2005, which state that only certain EMBRAER Model EMB–135 airplanes and Model EMB– 145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes are affected and identify the affect airplanes by serial number. This proposed AD would be applicable only to the airplanes listed in the service bulletins. This difference has been coordinated with the DAC. Costs of Compliance This proposed AD would affect about 620 airplanes of U.S. registry. The proposed actions would take about 6 work hours per airplane, at an average labor rate of $65 per work hour. Required parts would cost between $49 and $391. Based on these figures, the estimated cost of the proposed AD for U.S. operators is between $272,180 and $484,220, or between $439 and $781 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 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; E:\FR\FM\22AUP1.SGM 22AUP1 48908 Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Proposed Rules 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 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, 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 Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): 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. Modification (f) Within 6,000 flight hours or 36 months after the effective date of this AD, whichever occurs first, modify the logic of the NLG wheel steering system in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 145LEG–32–0020, dated April 1, 2005 (for Model EMB–135BJ airplanes); or Service Bulletin 145–32–0104, dated January 18, 2005 (for Model EMB– 135ER, –135KE, –135KL, and –135LR airplanes; and Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes); as applicable. Alternative Methods of Compliance (AMOCs) (g) 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 (h) Brazilian airworthiness directive 2005– 04–02, dated April 30, 2005, also addresses the subject of this AD. Issued in Renton, Washington, on August 11, 2005. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–16536 Filed 8–19–05; 8:45 am] BILLING CODE 4910–13–P Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA–2005– 22147; Directorate Identifier 2005–NM– 114–AD. DEPARTMENT OF TRANSPORTATION Comments Due Date (a) The FAA must receive comments on this AD action by September 21, 2005. 14 CFR Part 39 Affected ADs (b) None. RIN 2120–AA64 Applicability (c) This AD applies to EMBRAER Model EMB–135BJ airplanes, identified in EMBRAER Service Bulletin 145LEG–32– 0020, dated April 1, 2005; and Model EMB– 135ER, –135KE, –135KL, and –135LR airplanes, and Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes, identified in EMBRAER Service Bulletin 145–32–0104, dated January 18, 2005; certificated in any category. Airworthiness Directives; Bombardier Model DHC–7 Series Airplanes Unsafe Condition (d) This AD results from reports of the loss of directional control of the airplane on the ground after an internal failure of the steering system of the nose landing gear (NLG) wheel. We are issuing this AD to prevent failure of the NLG wheel steering system, which could result in reduced controllability of the airplane. VerDate jul<14>2003 16:05 Aug 19, 2005 Jkt 205001 Federal Aviation Administration [Docket No. FAA–2005–22146; Directorate Identifier 2002–NM–184–AD] Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for all Bombardier Model DHC–7 series airplanes. This proposed AD would require implementing a corrosion prevention and control program (CPCP) either by accomplishing specific tasks or by revising the maintenance inspection program to include a CPCP. This proposed AD is prompted by the determination that, as airplanes age, they are more likely to exhibit PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 indications of corrosion. We are proposing this AD to prevent structural failure of the airplane due to corrosion. DATES: We must receive comments on this proposed AD by September 21, 2005. 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 Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada. FOR FURTHER INFORMATION CONTACT: Jon Hjelm, Aerospace Engineer, Airframe and Propulsion Branch, ANE–171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New York 11590; telephone (516) 228–7323; fax (516) 794–5531. SUPPLEMENTARY INFORMATION: ADDRESSES: Docket Management System (DMS) The FAA has implemented new procedures for maintaining AD dockets electronically. As of May 17, 2004, new AD actions are posted on DMS and assigned a docket number. We track each action and assign a corresponding directorate identifier. The DMS AD docket number is in the form ‘‘Docket No. FAA–2004–99999.’’ The Transport Airplane Directorate identifier is in the form ‘‘Directorate Identifier 2004–NM– 999–AD.’’ Each DMS AD docket also lists the directorate identifier (‘‘Old Docket Number’’) as a cross-reference for searching purposes. 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– 2005–22146; Directorate Identifier 2002–NM–184–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, E:\FR\FM\22AUP1.SGM 22AUP1

Agencies

[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Proposed Rules]
[Pages 48906-48908]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16536]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22147; Directorate Identifier 2005-NM-114-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 Airplanes, and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP 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 certain EMBRAER Model EMB-135 airplanes, and Model EMB-145, -145ER, 
-145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This proposed AD 
would require modification of the logic of the steering system of the 
nose landing gear (NLG) wheel. This proposed AD results from the 
reports of the loss of directional control of the airplane on the 
ground after an internal failure of the NLG wheel steering system. We 
are proposing this AD to prevent failure of the NLG wheel steering 
system, which could result in reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by September 21, 
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.
     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.
    Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service

[[Page 48907]]

information identified in this proposed 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. Include the docket number ``FAA-
2005-22147; Directorate Identifier 2005-NM-114-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 received 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 
that 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 may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit https://dms.dot.gov.

Examining the Docket

    You may 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 Docket Management System 
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 airplanes, and Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes. The DAC advises 
that there are reports of the loss of directional control of the 
airplane on the ground after an internal failure of the steering system 
of the nose landing gear (NLG) wheel. All events took place after the 
pilot attempted to use the steering control hand wheel following the 
display of a caution message ``STEER INOP'' on the engine indicating 
and crew alerting system (EICAS). This condition, if not corrected, 
could result in reduced controllability of the airplane.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145LEG-32-0020, dated April 1, 
2005 (for Model EMB-135BJ airplanes); and Service Bulletin 145-32-0104, 
dated January 18, 2005 (for Model EMB-135ER, -135KE, -135KL, and -135LR 
airplanes, and EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes). The service bulletins describe procedures for 
modifying the logic of the NLG wheel steering system. The modification 
consists of replacing a relay with a new relay, installing an 
additional relay, and routing wires. 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 2005-04-02, dated April 30, 
2005, 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 airplanes 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.

Difference Between Proposed AD and Foreign AD

    Brazilian airworthiness directive 2005-04-02, dated April 30, 2005, 
is applicable to ``all EMBRAER Model EMB-145( ) and EMB-135( ) aircraft 
models in operation.'' However, this does not agree with EMBRAER 
Service Bulletin 145LEG-32-0020, dated April 1, 2005, and Service 
Bulletin 145-32-0104, dated January 18, 2005, which state that only 
certain EMBRAER Model EMB-135 airplanes and Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes are affected and 
identify the affect airplanes by serial number. This proposed AD would 
be applicable only to the airplanes listed in the service bulletins. 
This difference has been coordinated with the DAC.

Costs of Compliance

    This proposed AD would affect about 620 airplanes of U.S. registry. 
The proposed actions would take about 6 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts would cost 
between $49 and $391. Based on these figures, the estimated cost of the 
proposed AD for U.S. operators is between $272,180 and $484,220, or 
between $439 and $781 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 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;

[[Page 48908]]

    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 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-22147; Directorate Identifier 2005-NM-114-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September 
21, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ airplanes, 
identified in EMBRAER Service Bulletin 145LEG-32-0020, dated April 
1, 2005; and Model EMB-135ER, -135KE, -135KL, and -135LR airplanes, 
and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes, identified in EMBRAER Service Bulletin 145-32-0104, 
dated January 18, 2005; certificated in any category.

Unsafe Condition

    (d) This AD results from reports of the loss of directional 
control of the airplane on the ground after an internal failure of 
the steering system of the nose landing gear (NLG) wheel. We are 
issuing this AD to prevent failure of the NLG wheel steering system, 
which could result in reduced controllability of the airplane.

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.

Modification

    (f) Within 6,000 flight hours or 36 months after the effective 
date of this AD, whichever occurs first, modify the logic of the NLG 
wheel steering system in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 145LEG-32-0020, dated April 
1, 2005 (for Model EMB-135BJ airplanes); or Service Bulletin 145-32-
0104, dated January 18, 2005 (for Model EMB-135ER, -135KE, -135KL, 
and -135LR airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes); as applicable.

Alternative Methods of Compliance (AMOCs)

    (g) 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

    (h) Brazilian airworthiness directive 2005-04-02, dated April 
30, 2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on August 11, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-16536 Filed 8-19-05; 8:45 am]
BILLING CODE 4910-13-P

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