Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR Airplanes; and EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes, 37965-37968 [E9-18158]

Download as PDF Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules and number of landings on the MLG shock strut cylinder, perform the initial inspection 37965 at the applicable grace period specified in Table 1 of this AD. TABLE 1—THRESHOLD AND REPETITIVE INTERVAL Airplanes identified in the service bulletin as group Threshold 1 .......................................................................... Within 18 months or 650 landings after October 21, 2005 (the effective date of AD 2005–19–08), whichever occurs first. Within 18 months or 500 landings after October 21, 2005, whichever occurs first. Within 18 months or 2,500 landings after October 21, 2005, whichever occurs first. Within 18 months or 2,100 landings after October 21, 2005, whichever occurs first. 2 .......................................................................... 3, except as provided by paragraph (k) of this AD. 4 .......................................................................... No Indication of Cracking Is Found (i) If no indication of cracking is found during the inspection required by paragraph (h) of this AD, repeat the inspection in accordance with Boeing Alert Service Bulletin DC9–32A350, Revision 1, dated August 3, 2005; or Boeing Alert Service Bulletin DC9–32A350, Revision 2, dated March 20, 2009; at the applicable interval specified in Table 1 of this AD, except as required by paragraph (m) of this AD. After the effective date of this AD, use only Boeing Alert Service Bulletin DC9–32A350, Revision 2, dated March 20, 2009, of the service bulletin. erowe on DSK5CLS3C1PROD with PROPOSALS-1 Related Investigative and Corrective Actions (j) If any indication of cracking is found during any inspection required by paragraph (h) or (i) of this AD: Before further flight, confirm the indication of cracking by doing all applicable related investigative actions and doing the applicable corrective actions in accordance with Boeing Alert Service Bulletin DC9–32A350, Revision 1, dated August 3, 2005; or Revision 2, dated March 20, 2009; except as required by paragraph (m) of this AD. After the effective date of this AD, use only Boeing Alert Service Bulletin DC9– 32A350, Revision 2, dated March 20, 2009, of the service bulletin. Repeat the inspection at the applicable threshold and interval specified in paragraph (h) of this AD. MLG Cylinder Previously Installed on Group 4 Airplanes (k) For MLG cylinders on Group 3 airplanes as identified in Boeing Alert Service Bulletin DC9–32A350, Revision 1, dated August 3, 2005; or Revision 2, dated March 20, 2009: If the MLG cylinder was previously installed on a Group 4 airplane, as identified in Boeing Alert Service Bulletin DC9–32A350, Revision 1, dated August 3, 2005; or Revision 2, dated March 20, 2009; or if the service history and number of landings cannot be determined, the MLG cylinder must be inspected at the grace period and repetitive interval that applies to Group 4 airplanes, as specified in Table 1 of this AD, except as required by paragraph (m) of this AD. Actions Accomplished in Accordance With Original Issue of Service Bulletin (l) For airplanes with shock struts that have part numbers other than 5924400–505 and VerDate Nov<24>2008 14:58 Jul 29, 2009 Jkt 217001 Repetitive interval Intervals not to exceed 650 landings. Intervals not to exceed 500 landings. Intervals not to exceed 2,500 landings. Intervals not to exceed 2,100 landings. 5924400–506: Actions done before the effective date of this AD in accordance with Boeing Alert Service Bulletin DC9–32A350, dated December 3, 2004, are acceptable for compliance with the corresponding actions required paragraphs (h), (i), (j), and (k) of this by this AD. Issued in Renton, Washington, on July 22, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–18157 Filed 7–29–09; 8:45 am] New Requirements of This AD (m) For airplanes with shock struts that have part numbers 5924400–505 and 5924400–506: Do the actions required by paragraphs (g), (h), (i), (j), and (k), as applicable, in accordance with Boeing Alert Service Bulletin DC9–32A350, Revision 2, dated March 20, 2009. Do the actions at the time specified in those paragraphs, except where Table 1 of this AD specifies a compliance time after October 21, 2005, the compliance time for these airplanes is within the specified compliance time after the effective date of this AD. BILLING CODE 4910–13–P Alternative Methods of Compliance (AMOCs) (n)(1) The Manager, Los Angeles Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Wahib Mina, ANM–120L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712– 4137; telephone (562) 627–5324; fax (562) 627–5210. (2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD. (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Los Angeles ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135BJ, –135ER, –135KE, –135KL, and –135LR Airplanes; and EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP Airplanes PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0659; Directorate Identifier 2009–NM–060–AD] RIN 2120–AA64 AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: It has been found occurrences of main landing gear (MLG) trailing arm pins broken due to a fatigue mechanism induced by an excessive torque applied during the assemblage of auxiliary door support attachment and consequent deformation of the MLG trailing arm axle. A broken pin can lead to loss of the MLG trailing arm axle, disconnecting the trailing arm from the main E:\FR\FM\30JYP1.SGM 30JYP1 37966 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules strut, which affects the airplane controllability on ground. * * * * The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by August 31, 2009. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–40, 1200 New Jersey Avenue, SE., 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), Technical Publications Section (PC 060), Av. Brigadeiro Faria ˜ Lima, 2170—Putim—12227–901 Sao Jose dos Campos—SP—BRASIL; telephone: +55 12 3927–5852 or +55 12 3309–0732; fax: +55 12 3927–7546; email: distrib@embraer.com.br; Internet: https://www.flyembraer.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221 or 425–227–1152. erowe on DSK5CLS3C1PROD with PROPOSALS-1 * Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1405; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 14:58 Jul 29, 2009 Jkt 217001 Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2009–0659; Directorate Identifier 2009–NM–060–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion ˆ The Agencia Nacional de Aviacao ¸˜ Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directive 2009–02–01, dated February 12, 2009 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: It has been found occurrences of main landing gear (MLG) trailing arm pins broken due to a fatigue mechanism induced by an excessive torque applied during the assemblage of auxiliary door support attachment and consequent deformation of the MLG trailing arm axle. A broken pin can lead to loss of the MLG trailing arm axle, disconnecting the trailing arm from the main strut, which affects the airplane controllability on ground. * * * * * Required actions include inspecting for cracks, and, if necessary, replacing the MLG trailing arm pin with a serviceable pin; and modifying the MLG auxiliary door mounting support. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Embraer has issued Service Bulletins 145–32–0122, dated November 27, 2008; 145–52–0047, Revision 01, dated March 31, 2008; 145LEG–32–0033, dated November 27, 2008; and 145LEG–52– 0014, dated October 28, 2008. The actions described in the service information are intended to correct the unsafe condition identified in the MCAI. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a Note within the proposed AD. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 711 products of U.S. registry. We also estimate that it would take about 2 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Required parts would cost about $240 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $284,400, or $400 per product. 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 E:\FR\FM\30JYP1.SGM 30JYP1 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules 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 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 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. 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, 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] erowe on DSK5CLS3C1PROD with PROPOSALS-1 2. The FAA amends § 39.13 by adding the following new AD: Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA–2009– 0659; Directorate Identifier 2009–NM– 060–AD. Comments Due Date (a) We must receive comments by August 31, 2009. Affected ADs (b) None. VerDate Nov<24>2008 14:58 Jul 29, 2009 Jkt 217001 Applicability (c) This AD applies to EMBRAER Model EMB–135BJ, as identified in Embraer Service Bulletin 145LEG–32–0033, dated November 27, 2008, except serial number 145363; and Model EMB–135ER, –135KE, –135KL, and –135LR airplanes, and Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes, as identified in Embraer Service Bulletin 145–32–0122, dated November 27, 2008; certificated in any category. Subject (d) Air Transport Association (ATA) of America Code 32: Landing Gear. Reason (e) The mandatory continuing airworthiness information (MCAI) states: It has been found occurrences of main landing gear (MLG) trailing arm pins broken due to a fatigue mechanism induced by an excessive torque applied during the assemblage of auxiliary door support attachment and consequent deformation of the MLG trailing arm axle. A broken pin can lead to loss of the MLG trailing arm axle, disconnecting the trailing arm from the main strut, which affects the airplane controllability on ground. * * * * * Required actions include inspecting for cracks, and, if necessary, replacing the MLG trailing arm pin with a serviceable pin; and modifying the MLG auxiliary door mounting support. Actions and Compliance (f) Unless already done, do the following actions. (1) Within 2,500 flight hours or 24 months after the effective date of this AD, whichever occurs first, do the actions specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD. (i) Perform a visual inspection for cracks on the MLG trailing arm pins, in accordance with Embraer Service Bulletin 145–32–0122, dated November 27, 2008; or 145LEG–32– 0033, dated November 27, 2008; as applicable. If any crack is found, before further flight, replace the MLG trailing arm pin with a serviceable pin, in accordance with Embraer Service Bulletin 145–32–0122, dated November 27, 2008; or 145LEG–32– 0033, dated November 27, 2008; as applicable. (ii) Prior to or concurrently with accomplishing the inspection required by paragraph (f)(1)(i) of this AD, modify the MLG auxiliary door mounting support, in accordance with Embraer Service Bulletin 145–52–0047, Revision 01, dated March 31, 2008; or 145LEG–52–0014, dated October 28, 2008; as applicable. Note 1: For the purposes of this AD, a visual inspection is: An intensive examination of a specific item, installation or assembly to detect damage, failure or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirrors, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate access procedures may be required. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 37967 Note 2: For the purposes of this AD, a serviceable pin is a pin that has no cracking. (2) Modifications accomplished before the effective date of this AD according to Embraer Service Bulletin 145–52–0047, dated July 18, 2005, are considered acceptable for compliance with the corresponding action specified in this AD. FAA AD Differences Note 3: This AD differs from the MCAI and/or service information as follows: ˆ Agencia Nacional de Aviacao Civil (ANAC) ¸˜ Brazilian Airworthiness Directive 2009–02– 01, dated February 12, 2009, is applicable to ‘‘all EMB–145 and EMB–135 aircraft models in operation.’’ However, this does not agree with Embraer Service Bulletin 145–32–0122, dated November 27, 2008; 145–52–0047, Revision 01, dated March 31, 2008; 145LEG– 32–0033, dated November 27, 2008; or 145LEG–52–0014, dated October 28, 2008; which specifies that only certain Model EMB–145 and EMB–135 airplanes are affected and identifies them by serial number. This AD is applicable only to the airplanes listed in the applicable service bulletins. This difference has been coordinated with the ANAC. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1405; fax (425) 227–1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAAapproved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information ˆ (h) Refer to MCAI Agencia Nacional de Aviacao Civil Airworthiness Directive 2009– ¸˜ 02–01, dated February 12, 2009; Embraer Service Bulletin 145–32–0122, dated November 27, 2008; Embraer Service Bulletin E:\FR\FM\30JYP1.SGM 30JYP1 37968 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules 145–52–0047, Revision 01, dated March 31, 2008; Embraer Service Bulletin 145LEG–32– 0033, dated November 27, 2008; and Embraer Service Bulletin 145LEG–52–0014, dated October 28, 2008; for related information. Issued in Renton, WA, on July 22, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–18158 Filed 7–29–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2009–0404; Airspace Docket No. 09–ACE–5] Proposed Amendment of Class D and Class E Airspace; Topeka Forbes Field Airport, KS AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to amend Class D and Class E airspace for Forbes Field Airport, Topeka, KS. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Forbes Field Airport, Topeka, KS. This action also incorporates the Class E as extensions to Class D at Forbes Field Airport into the Class D surface area. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Forbes Field Airport. DATES: 0901 UTC. Comments must be received on or before September 14, 2009. Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. You must identify the docket number FAA–2009– 0404/Airspace Docket No. 09–ACE–5, at the beginning of your comments. You may also submit comments on the Internet at https://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1–800–647– 5527), is on the ground floor of the building at the above address. erowe on DSK5CLS3C1PROD with PROPOSALS-1 ADDRESSES: VerDate Nov<24>2008 14:58 Jul 29, 2009 Jkt 217001 FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321– 7716. 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 and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to Docket No. FAA–2009–0404/Airspace Docket No. 09–ACE–5.’’ The postcard will be date/time stamped and returned to the commenter. Availability of NPRMs An electronic copy of this document may be downloaded through the Internet at https://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at https:// www.faa.gov/airports_airtraffic/ air_traffic/publications/ airspace_amendments/. Additionally, any person may obtain a copy of this notice by submitting a request to the Federal Aviation Administration (FAA), Office of Air Traffic Airspace Management, ATA– 400, 800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 267–8783. Communications must identify both docket numbers for this notice. Persons interested in being placed on a mailing list for future NPRMs should contact the FAA’s Office of Rulemaking (202) 267–9677, to request a copy of Advisory Circular No. 11–2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. The Proposal This action proposes to amend Title 14, Code of Federal Regulations (14 CFR), Part 71 by adding additional PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 controlled Class D and Class E airspace for SIAPs operations at Forbes Field Airport, Topeka, KS, and incorporating the Class E extensions into the Class D surface area. Class D airspace designations are published in Paragraph 5000 of FAA Order 7400.9S, dated October 3, 2008, and effective October 31, 2008, which is incorporated by reference in 14 CFR 71.1. Class E airspace designated as surface areas is published in Paragraph 6002 of FAA Order 7400.9S, dated October 3, 2008, and effective October 31, 2008, which is incorporated by reference in 14 CFR 71.1. Class E airspace designated as extensions to a Class D surface area is published in Paragraph 6004 of FAA Order 7400.9S, dated October 3, 2008, and effective October 31, 2008, which is incorporated by reference in 14 CFR 71.1. Class E airspace extending upward from 700 feet or more above the surface of the earth is published in Paragraph 6005 of FAA Order 7400.9S, dated October 3, 2008, and effective October 31, 2008, which is incorporated by reference in 14 CFR 71.1. The Class D and Class E airspace designations listed in this document would be published subsequently in the Order. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore, (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) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the E:\FR\FM\30JYP1.SGM 30JYP1

Agencies

[Federal Register Volume 74, Number 145 (Thursday, July 30, 2009)]
[Proposed Rules]
[Pages 37965-37968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18158]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0659; Directorate Identifier 2009-NM-060-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR 
Airplanes; and EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    It has been found occurrences of main landing gear (MLG) 
trailing arm pins broken due to a fatigue mechanism induced by an 
excessive torque applied during the assemblage of auxiliary door 
support attachment and consequent deformation of the MLG trailing 
arm axle. A broken pin can lead to loss of the MLG trailing arm 
axle, disconnecting the trailing arm from the main

[[Page 37966]]

strut, which affects the airplane controllability on ground.
* * * * *

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by August 31, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., 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), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--
12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone: +55 12 
3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail: 
distrib@embraer.com.br; Internet: https://www.flyembraer.com.
    You may review copies of the referenced service information at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at the 
FAA, call 425-227-1221 or 425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1405; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0659; 
Directorate Identifier 2009-NM-060-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2009-02-01, dated February 12, 2009 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found occurrences of main landing gear (MLG) 
trailing arm pins broken due to a fatigue mechanism induced by an 
excessive torque applied during the assemblage of auxiliary door 
support attachment and consequent deformation of the MLG trailing 
arm axle. A broken pin can lead to loss of the MLG trailing arm 
axle, disconnecting the trailing arm from the main strut, which 
affects the airplane controllability on ground.
* * * * *

    Required actions include inspecting for cracks, and, if necessary, 
replacing the MLG trailing arm pin with a serviceable pin; and 
modifying the MLG auxiliary door mounting support. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Service Bulletins 145-32-0122, dated November 
27, 2008; 145-52-0047, Revision 01, dated March 31, 2008; 145LEG-32-
0033, dated November 27, 2008; and 145LEG-52-0014, dated October 28, 
2008. The actions described in the service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 711 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $240 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these costs. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $284,400, or $400 per product.

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

[[Page 37967]]

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 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 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. 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 AD:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2009-0659; Directorate Identifier 2009-NM-060-AD.

Comments Due Date

    (a) We must receive comments by August 31, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ, as identified in 
Embraer Service Bulletin 145LEG-32-0033, dated November 27, 2008, 
except serial number 145363; and Model EMB-135ER, -135KE, -135KL, 
and -135LR airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes, as identified in Embraer 
Service Bulletin 145-32-0122, dated November 27, 2008; certificated 
in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    It has been found occurrences of main landing gear (MLG) 
trailing arm pins broken due to a fatigue mechanism induced by an 
excessive torque applied during the assemblage of auxiliary door 
support attachment and consequent deformation of the MLG trailing 
arm axle. A broken pin can lead to loss of the MLG trailing arm 
axle, disconnecting the trailing arm from the main strut, which 
affects the airplane controllability on ground.
* * * * *
    Required actions include inspecting for cracks, and, if 
necessary, replacing the MLG trailing arm pin with a serviceable 
pin; and modifying the MLG auxiliary door mounting support.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 2,500 flight hours or 24 months after the effective 
date of this AD, whichever occurs first, do the actions specified in 
paragraphs (f)(1)(i) and (f)(1)(ii) of this AD.
    (i) Perform a visual inspection for cracks on the MLG trailing 
arm pins, in accordance with Embraer Service Bulletin 145-32-0122, 
dated November 27, 2008; or 145LEG-32-0033, dated November 27, 2008; 
as applicable. If any crack is found, before further flight, replace 
the MLG trailing arm pin with a serviceable pin, in accordance with 
Embraer Service Bulletin 145-32-0122, dated November 27, 2008; or 
145LEG-32-0033, dated November 27, 2008; as applicable.
    (ii) Prior to or concurrently with accomplishing the inspection 
required by paragraph (f)(1)(i) of this AD, modify the MLG auxiliary 
door mounting support, in accordance with Embraer Service Bulletin 
145-52-0047, Revision 01, dated March 31, 2008; or 145LEG-52-0014, 
dated October 28, 2008; as applicable.

    Note 1: For the purposes of this AD, a visual inspection is: An 
intensive examination of a specific item, installation or assembly 
to detect damage, failure or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at an 
intensity deemed appropriate. Inspection aids such as mirrors, 
magnifying lenses, etc., may be necessary. Surface cleaning and 
elaborate access procedures may be required.


    Note 2: For the purposes of this AD, a serviceable pin is a pin 
that has no cracking.

    (2) Modifications accomplished before the effective date of this 
AD according to Embraer Service Bulletin 145-52-0047, dated July 18, 
2005, are considered acceptable for compliance with the 
corresponding action specified in this AD.

FAA AD Differences

    Note 3:  This AD differs from the MCAI and/or service 
information as follows: Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) Brazilian Airworthiness Directive 
2009-02-01, dated February 12, 2009, is applicable to ``all EMB-145 
and EMB-135 aircraft models in operation.'' However, this does not 
agree with Embraer Service Bulletin 145-32-0122, dated November 27, 
2008; 145-52-0047, Revision 01, dated March 31, 2008; 145LEG-32-
0033, dated November 27, 2008; or 145LEG-52-0014, dated October 28, 
2008; which specifies that only certain Model EMB-145 and EMB-135 
airplanes are affected and identifies them by serial number. This AD 
is applicable only to the airplanes listed in the applicable service 
bulletins. This difference has been coordinated with the ANAC.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: 
Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1405; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil Airworthiness Directive 2009-02-01, 
dated February 12, 2009; Embraer Service Bulletin 145-32-0122, dated 
November 27, 2008; Embraer Service Bulletin

[[Page 37968]]

145-52-0047, Revision 01, dated March 31, 2008; Embraer Service 
Bulletin 145LEG-32-0033, dated November 27, 2008; and Embraer 
Service Bulletin 145LEG-52-0014, dated October 28, 2008; for related 
information.

    Issued in Renton, WA, on July 22, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-18158 Filed 7-29-09; 8:45 am]
BILLING CODE 4910-13-P
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