Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-110P1 and EMB-110P2 Airplanes, 54244-54247 [05-18057]
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Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD. See the ADDRESSES section for
a location to examine the regulatory
evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Compliance
DEPARTMENT OF TRANSPORTATION
(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 60 months after the effective
date of this AD: Except as provided by
paragraph (g) of this AD, modify the splice
plate assemblies installed under the floor
panels at the forward and aft edges of the
cabin aisle (including replacement of
damaged fasteners with new fasteners) in
accordance with the Accomplishment
Instructions of Boeing Special Attention
Service Bulletin 777–53–0042, dated April
15, 2004.
(g) The referenced service bulletin
recommends marking the service bulletin
number on the top of the floor panel
assembly, but this AD does not require that
action.
Adoption of the Amendment
Alternative Methods of Compliance
(AMOCs)
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
(h) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
PART 39—AIRWORTHINESS
DIRECTIVES
Material Incorporated by Reference
I
1. The authority citation for part 39
continues to read as follows:
I
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):
I
2005–18–10 Boeing: Amendment 39–14250.
Docket No. FAA–2005–20475;
Directorate Identifier 2004–NM–157–AD.
Effective Date
(a) This AD becomes effective October 19,
2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 777–
200 and –300 series airplanes, certificated in
any category; as identified in Boeing Special
Attention Service Bulletin 777–53–0042,
dated April 15, 2004.
Unsafe Condition
(d) This AD results from reports of cracking
of the aluminum splice plates under the floor
panels in the cabin aisle. We are issuing this
AD to prevent loss of the capability of the
cabin floor and seat track structure to support
the airplane interior inertia loads under
emergency landing conditions. Loss of this
support could lead to galley or seat
separation from attached restraints, which
could result in blocking of the emergency
exits and consequent injury to passengers
and crew.
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15:56 Sep 13, 2005
Jkt 205001
(i) You must use Boeing Special Attention
Service Bulletin 777–53–0042, dated April
15, 2004, to perform the actions that are
required by this AD, unless the AD specifies
otherwise. The Director of the Federal
Register approved the incorporation by
reference of this document in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Boeing Commercial Airplanes, P.O.
Box 3707, Seattle, Washington 98124–2207,
for a copy of this service information. You
may review copies at the Docket Management
Facility, U.S. Department of Transportation,
400 Seventh Street SW., Room PL–401,
Nassif Building, Washington, DC; on the
Internet at https://dms.dot.gov; or at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at the NARA,
call (202) 741–6030, or go to https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on
September 2, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–17985 Filed 9–13–05; 8:45 am]
BILLING CODE 4910–13–P
PO 00000
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–21302; Directorate
Identifier 2004–NM–189–AD; Amendment
39–14267; AD 2005–19–02]
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: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all
EMBRAER Model EMB–110P1 and
EMB–110P2 airplanes. This AD requires
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 AD
also requires the eventual replacement
of the rotating cylinder assembly with a
new part, which terminates the need for
the repetitive inspections. This AD
results from reports of corrosion on the
NLG rotating cylinder assembly. 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.
DATES: Effective October 19, 2005.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of October 19, 2005.
ADDRESSES: You may examine the 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., Nassif Building, Room PL–401,
Washington, DC.
Contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box
343–CEP 12.225, Sao Jose dos Campos—
SP, Brazil, for service information
identified in this AD.
FOR FURTHER INFORMATION CONTACT:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–1175;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the AD docket on
the Internet at https://dms.dot.gov or in
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Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations
person at the Docket Management
Facility office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The Docket
Management Facility office (telephone
(800) 647–5227) is located on the plaza
level of the Nassif Building at the street
address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to all EMBRAER Model EMB–
110P1 and EMB–110P2 airplanes. That
NPRM was published in the Federal
Register on May 25, 2005 (70 FR 30028).
That NPRM proposed to 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. That
NPRM also proposed to require the
eventual replacement of the rotating
cylinder assembly with a new part,
which terminates the need for the
repetitive inspections.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments on the NPRM
that have been received from a single
commenter.
Request for Clarification of Paragraph
(g)
The commenter asks for clarification
of the language used to identify the
location of the instructions for the
evaluation inspection specified in
paragraph (g) of the NPRM. The
commenter reiterates the language used
in that paragraph and asks that
paragraph (g) be changed to read,
‘‘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 nose landing gear (NLG)
rotating cylinder assembly, by doing all
the actions specified in the Evaluation
Inspection section of EMBRAER Service
Bulletin 110–32–0088, Revision 03, Part
II.’’ (Part II of the service bulletin is
identified in the NPRM as the location
of the procedures for performing the
evaluation inspection.)
We infer that the commenter is asking
that paragraph (g) of this AD be changed
to identify the exact location of the
procedures used for accomplishing the
evaluation inspection specified in the
service bulletin. Those procedures are
identified in the ‘‘Evaluation
Inspection’’ section of the service
bulletin (paragraph 2.3.1.1.). We agree
and have identified that section in
paragraph (g) for clarification.
Request To Change Paragraph (h)(1) To
Add Terminating Action
The commenter asks that paragraph
(h)(1) of the NPRM be changed to add
that accomplishing the requirements
specified in that paragraph would
terminate the requirements specified in
paragraph (i) of the NPRM. The
commenter states that it is not necessary
to replace the NLG rotating cylinder
with a new one, as required by
paragraph (i), if the bench detailed
inspection specified in paragraph (h)(1)
reveals no signs of corrosion or
cracking. The commenter notes that the
protective coating must be applied in
order to resume normal operation of the
54245
airplane. The commenter reiterates the
language used in paragraph (h)(1) and
asks that it be changed to read, ‘‘If no
corrosion or cracking is found during
any inspection, before further flight:
Perform all of the actions specified in
the Protection Procedure section of
EMBRAER Service Bulletin 110–32–
0088, Revision 03, Part II. Application
of this protection on parts with no signs
of corrosion or cracking terminates the
requirement of paragraph (i).’’
We do not agree to change paragraph
(h)(1) of the AD. Application of the
protective coating on parts with no signs
of corrosion or cracking does not
terminate the requirements of paragraph
(i) of the AD. Eventual replacement of
the NLG is required regardless of
inspection findings, and only that
replacement terminates the repetitive
inspections required by this AD.
Clarification of Paragraph (f) and
Note 1
We have changed paragraph (f) and
Note 1 of the NPRM to provide the
correct service bulletin citation.
Conclusion
We have carefully reviewed the
available data, including the comments
that have been received, and determined
that air safety and the public interest
require adopting the AD with the
changes described previously. These
changes will neither increase the
economic burden on any operator nor
increase the scope of the AD.
Costs of Compliance
The following table provides the
estimated costs for U.S. operators to
comply with this AD.
ESTIMATED COSTS
Work
hours
Action
Inspections in Part II of service bulletin, per
inspection cycle.
Application of protection compound ..............
Replacement of rotating 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.
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15:56 Sep 13, 2005
Jkt 205001
Average
labor rate
per hour
Parts cost
Cost per
airplane
Number of
U.S.-registered airplanes
Fleet cost
5
$65
None
$325
30
$9,750, per inspection cycle.
2
9
65
65
None
$38,000
130
38,585
30
30
$3,900.
$1,157,550.
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
PO 00000
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Fmt 4700
Sfmt 4700
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
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Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
See the ADDRESSES section for a location
to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2005–19–02 Empresa Brasileira De
Aeronautica S.A. (EMBRAER):
Amendment 39–14267. Docket No.
FAA–2005–21302; Directorate Identifier
2004–NM–189–AD.
Effective Date
(a) This AD becomes effective October 19,
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 results from 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
15:56 Sep 13, 2005
Jkt 205001
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 Reference
(f) The term ‘‘service bulletin,’’ as used in
this AD, means the Accomplishment
Instructions of EMBRAER Service Bulletin
110–32–0088, 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, by doing all the actions in
accordance with Part II, paragraph 2.3.1.1.,
‘‘Evaluation Inspection,’’ 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 bench detailed inspection of the
rotating cylinder assembly 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 bench detailed
inspection of the rotating cylinder assembly
required by 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 110–32–0088,
Revision 03, dated February 11, 2004. The
presence of oxidation is not considered to be
corrosion.
[Amended]
VerDate Aug<18>2005
rotating cylinder assembly, which could
result in failure of the NLG.
(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 bench detailed
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 Part II,
paragraph 2.3.1.3., ‘‘Protection Procedure,’’ of
the service bulletin.
(2) If only light corrosion is found during
any inspection, before further flight: Perform
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
all of the actions specified in Part II,
paragraph 2.3.1.3., ‘‘Protection Procedure,’’ of
the service bulletin. Thereafter, repeat the
inspection required by paragraph (g) of this
AD 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 inspections
required by paragraphs (g)(2) and (h)(2) of
this AD.
Replacement
(i) If any NLG rotating cylinder assembly
is found to have light corrosion during any
inspection required by paragraph (g)(2) or
(h)(2) of this AD, as applicable: 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)(2) and (h)(2) 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, effective July 27, 2004, also
addresses the subject of this AD.
Material Incorporated by Reference
(n) Unless otherwise specified in this AD,
the actions must be done in accordance
EMBRAER Service Bulletin 110–32–0088,
Revision 03, dated February 11, 2004, which
contains the following list of effective pages:
Page No.
Revision
level shown
on page
1–8 .......
2–7, 9 ...
03
01
Date shown on
page
February 11, 2004.
September 1, 2003.
The Director of the Federal Register approved
the incorporation by reference of this
document in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Contact Empresa
Brasileira de Aeronautica S.A. (EMBRAER),
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Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations
P.O. Box 343—CEP 12.225, Sao Jose dos
Campos—SP, Brazil, for a copy of this service
information. You may review copies at the
Docket Management Facility, U.S.
Department of Transportation, 400 Seventh
Street, SW., Room PL–401, Nassif Building,
Washington, DC; on the Internet at https://
dms.dot.gov; or at the National Archives and
Records Administration (NARA).
For information on the availability of this
material at the NARA, call (202) 741–6030,
or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on
September 6, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–18057 Filed 9–13–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–21345; Directorate
Identifier 2005–NM–005–AD; Amendment
39–14266; AD 2005–19–01]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all
EMBRAER Model ERJ 170 airplanes.
This AD requires inspecting the
hydraulic pressure tubes at the outlet of
the engine-driven hydraulic pumps to
determine the part and serial numbers;
and replacing hydraulic pressure tubes
having certain serial numbers with new
hydraulic pressure tubes. This AD
results from failure of a hydraulic
system due to leakage of hydraulic fluid
from a crack in the pipe coming from
the pressure side of the engine-driven
pump. We are issuing this AD to
prevent cracking of the hydraulic
pressure pipes, which could result in
failure of hydraulic system 1 or 2 or
both, and consequent reduced
controllability of the airplane.
DATES: This AD becomes effective
October 19, 2005.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of October 19, 2005.
ADDRESSES: You may examine the AD
docket on the Internet at https://
VerDate Aug<18>2005
15:56 Sep 13, 2005
Jkt 205001
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street
SW., Nassif Building, Room PL–401,
Washington, DC.
Contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box
343—CEP 12.225, Sao Jose dos
Campos—SP, Brazil, for service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–1175;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness
directive (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 street address stated in the
ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to all EMBRAER Model ERJ 170
airplanes. That NPRM was published in
the Federal Register on June 3, 2005 (70
FR 32544). That NPRM proposed to
require inspecting the hydraulic
pressure tubes at the outlet of the
engine-driven hydraulic pumps to
determine the part and serial numbers;
and replacing hydraulic pressure tubes
having certain serial numbers with new
hydraulic pressure tubes.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Request To Withdraw NPRM
One commenter, the airplane
manufacturer, asserts that hydraulic
pressure tubes having the affected serial
numbers have been removed from all
EMBRAER Model ERJ 170 airplanes.
The commenter states that, since
issuance of Brazilian airworthiness
directive 2004–11–06, dated November
29, 2004, the affected hydraulic pressure
tubes have not been installed in
production on EMBRAER Model ERJ
170 airplanes. The commenter also
states that, as of December 2004,
EMBRAER Service Bulletin 170–29–
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54247
0001, dated August 9, 2004, has been
accomplished on the entire worldwide
fleet of Model ERJ 170 airplanes. We
infer the commenter requests that we
withdraw the NPRM.
We do not agree. Even if the
worldwide fleet is in compliance with
the requirements of the AD, the issuance
of the rule is still necessary to ensure
that an affected spare part is not
installed on any airplane in the future.
The manufacturer has advised us that
there are about five affected hydraulic
pressure tubes that have not been
destroyed or returned to the
manufacturer. Issuance of this AD will
ensure that an affected spare part is not
installed on an airplane at some future
time. Therefore, we cannot withdraw
the NPRM.
Change to Applicability
We have revised the applicability of
this AD to identify model designations
as published in the most recent type
certificate data sheet for the affected
models.
Change to Service Bulletin Reference
We have revised the note in paragraph
(f) of this AD to reference the correct
service bulletin name of the secondary
source of service information to
EMBRAER Service Bulletin 170–29–
0001.
Conclusion
We have carefully reviewed the
available data, including the comment
received, and determined that air safety
and the public interest require adopting
the AD with the changes described
previously. We have determined that
these changes will neither increase the
economic burden on any operator nor
increase the scope of the AD.
Costs of Compliance
This AD affects about 27 airplanes of
U.S. registry. The inspection takes about
1 work hour per airplane, at an average
labor rate of $65 per work hour. Based
on these figures, the estimated cost of
the inspection for U.S. operators is
$1,755, or $65 per airplane.
The replacement, if necessary, takes
about 3 work hours per airplane, at an
average labor rate of $65 per work hour.
Required parts are $0 per airplane.
Based on these figures, the estimated
cost of the replacement is $195 per
airplane, if necessary.
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,
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]]>Agencies
[Federal Register Volume 70, Number 177 (Wednesday, September 14, 2005)]
[Rules and Regulations]
[Pages 54244-54247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18057]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-21302; Directorate Identifier 2004-NM-189-AD;
Amendment 39-14267; AD 2005-19-02]
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: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
EMBRAER Model EMB-110P1 and EMB-110P2 airplanes. This AD requires
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 AD also requires
the eventual replacement of the rotating cylinder assembly with a new
part, which terminates the need for the repetitive inspections. This AD
results from reports of corrosion on the NLG rotating cylinder
assembly. 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.
DATES: Effective October 19, 2005.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of October 19,
2005.
ADDRESSES: You may examine the 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., Nassif Building,
Room PL-401, Washington, DC.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343-CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the AD docket on the Internet at https://dms.dot.gov
or in
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person at the Docket Management Facility office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket
Management Facility office (telephone (800) 647-5227) is located on the
plaza level of the Nassif Building at the street address stated in the
ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to all EMBRAER Model EMB-
110P1 and EMB-110P2 airplanes. That NPRM was published in the Federal
Register on May 25, 2005 (70 FR 30028). That NPRM proposed to 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. That NPRM also proposed
to require the eventual replacement of the rotating cylinder assembly
with a new part, which terminates the need for the repetitive
inspections.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments on the NPRM
that have been received from a single commenter.
Request for Clarification of Paragraph (g)
The commenter asks for clarification of the language used to
identify the location of the instructions for the evaluation inspection
specified in paragraph (g) of the NPRM. The commenter reiterates the
language used in that paragraph and asks that paragraph (g) be changed
to read, ``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 nose landing gear (NLG) rotating cylinder
assembly, by doing all the actions specified in the Evaluation
Inspection section of EMBRAER Service Bulletin 110-32-0088, Revision
03, Part II.'' (Part II of the service bulletin is identified in the
NPRM as the location of the procedures for performing the evaluation
inspection.)
We infer that the commenter is asking that paragraph (g) of this AD
be changed to identify the exact location of the procedures used for
accomplishing the evaluation inspection specified in the service
bulletin. Those procedures are identified in the ``Evaluation
Inspection'' section of the service bulletin (paragraph 2.3.1.1.). We
agree and have identified that section in paragraph (g) for
clarification.
Request To Change Paragraph (h)(1) To Add Terminating Action
The commenter asks that paragraph (h)(1) of the NPRM be changed to
add that accomplishing the requirements specified in that paragraph
would terminate the requirements specified in paragraph (i) of the
NPRM. The commenter states that it is not necessary to replace the NLG
rotating cylinder with a new one, as required by paragraph (i), if the
bench detailed inspection specified in paragraph (h)(1) reveals no
signs of corrosion or cracking. The commenter notes that the protective
coating must be applied in order to resume normal operation of the
airplane. The commenter reiterates the language used in paragraph
(h)(1) and asks that it be changed to read, ``If no corrosion or
cracking is found during any inspection, before further flight: Perform
all of the actions specified in the Protection Procedure section of
EMBRAER Service Bulletin 110-32-0088, Revision 03, Part II. Application
of this protection on parts with no signs of corrosion or cracking
terminates the requirement of paragraph (i).''
We do not agree to change paragraph (h)(1) of the AD. Application
of the protective coating on parts with no signs of corrosion or
cracking does not terminate the requirements of paragraph (i) of the
AD. Eventual replacement of the NLG is required regardless of
inspection findings, and only that replacement terminates the
repetitive inspections required by this AD.
Clarification of Paragraph (f) and Note 1
We have changed paragraph (f) and Note 1 of the NPRM to provide the
correct service bulletin citation.
Conclusion
We have carefully reviewed the available data, including the
comments that have been received, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. These changes will neither increase the economic burden on
any operator nor increase the scope of the AD.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this AD.
Estimated Costs
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Number of
Work Average Cost per U.S.-
Action hours labor rate Parts cost airplane registered Fleet cost
per hour airplanes
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Inspections in Part II of service 5 $65 None $325 30 $9,750, per inspection cycle.
bulletin, per inspection cycle.
Application of protection compound....... 2 65 None 130 30 $3,900.
Replacement of rotating cylinder assembly 9 65 $38,000 38,585 30 $1,157,550.
(terminating action).
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will
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not have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2005-19-02 Empresa Brasileira De Aeronautica S.A. (EMBRAER):
Amendment 39-14267. Docket No. FAA-2005-21302; Directorate
Identifier 2004-NM-189-AD.
Effective Date
(a) This AD becomes effective October 19, 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 results from 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 Reference
(f) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of EMBRAER Service Bulletin 110-32-0088,
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, by
doing all the actions in accordance with Part II, paragraph
2.3.1.1., ``Evaluation Inspection,'' 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 bench
detailed inspection of the rotating cylinder assembly 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 bench detailed inspection of the rotating cylinder assembly
required by 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 110-32-0088, Revision 03,
dated February 11, 2004. 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 bench detailed
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 Part
II, paragraph 2.3.1.3., ``Protection Procedure,'' of the service
bulletin.
(2) If only light corrosion is found during any inspection,
before further flight: Perform all of the actions specified in Part
II, paragraph 2.3.1.3., ``Protection Procedure,'' of the service
bulletin. Thereafter, repeat the inspection required by paragraph
(g) of this AD 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
inspections required by paragraphs (g)(2) and (h)(2) of this AD.
Replacement
(i) If any NLG rotating cylinder assembly is found to have light
corrosion during any inspection required by paragraph (g)(2) or
(h)(2) of this AD, as applicable: 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)(2) and (h)(2) 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, effective
July 27, 2004, also addresses the subject of this AD.
Material Incorporated by Reference
(n) Unless otherwise specified in this AD, the actions must be
done in accordance EMBRAER Service Bulletin 110-32-0088, Revision
03, dated February 11, 2004, which contains the following list of
effective pages:
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Revision
Page No. level shown Date shown on page
on page
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1-8............................ 03 February 11, 2004.
2-7, 9......................... 01 September 1, 2003.
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The Director of the Federal Register approved the incorporation by
reference of this document in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Contact Empresa Brasileira de Aeronautica S.A.
(EMBRAER),
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P.O. Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for a
copy of this service information. You may review copies at the
Docket Management Facility, U.S. Department of Transportation, 400
Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC;
on the Internet at https://dms.dot.gov; or at the National Archives
and Records Administration (NARA).
For information on the availability of this material at the
NARA, call (202) 741-6030, or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_
locations.html.
Issued in Renton, Washington, on September 6, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-18057 Filed 9-13-05; 8:45 am]
BILLING CODE 4910-13-P
