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[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Proposed Rules]
[Pages 7998-8001]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3441]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0714; Directorate Identifier 2009-NM-041-AD]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier NPRM for the products listed above. 
This action revises the earlier NPRM by expanding the scope. 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 was reported that after commanding the landing gear lever to 
down the three green landing gear positioning indication was 
displayed followed by the LG/LEVER DISAGREE EICAS [engine indicating 
and crew alerting system] message. The crew decided to continue the 
approach and landing procedure. As soon as the crew identified that 
the landing gear was not extended properly, a go-around procedure 
was successfully performed. During maneuver, the airplane settled 
momentarily onto the flaps and belly.
* * * * *
    The unsafe condition is the landing gear remaining in the up and 
locked position during approach and landing. This condition could be 
accompanied by an invalid EICAS landing gear position indication, which 
could result in landing with gear in the up position and eliminate 
controllability of the airplane on the ground. This may consequently 
result in structural damage to the airplane. 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 March 22, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: http://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 http://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: Todd Thompson, Aerospace Engineer, 
International Branch, ANN-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; 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-2009-0714; 
Directorate Identifier 2009-NM-041-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

[[Page 7999]]

closing date and may amend this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
August 19, 2009 (74 FR 41810). That earlier NPRM proposed to require 
actions intended to address the unsafe condition for the products 
listed above.
    Paragraph (c) of the original NPRM specifies that the AD applies to 
certain airplanes modified by certain Brazilian supplemental type 
certificates (STCs) and that are equipped with the affected part. 
Brazilian STCs do not apply to U.S. airplanes. The applicability of 
this supplemental NPRM would therefore not depend on accomplishment of 
the Brazilian STC. We have removed the reference to the Brazilian STCs 
from the applicability of this supplemental NPRM. We have coordinated 
this issue with Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC), which is the airworthiness authority for Brazil.

Relevant Service Information

    We have reviewed EMBRAER Service Bulletin 145-32-0120, Revision 02, 
dated February 17, 2009. The original NPRM cited EMBRAER Service 
Bulletin 145-32-0120, Revision 01, dated November 4, 2008, as the 
appropriate source of service information for replacing the landing 
gear electronic unit (LGEU) with a new one having a new part number. 
EMBRAER Service Bulletin 145-32-0120, Revision 02, dated February 17, 
2009, revises the effectivity but adds no new actions. We have revised 
paragraphs (g)(1) and (g)(3) (paragraphs (f)(1) and (f)(3) of the 
original NPRM) and Note 1 of this supplemental NPRM to refer to 
Revision 02. We have also added EMBRAER Service Bulletin 145-32-0120, 
Revision 01, dated November 4, 2008, to Table 1 of this supplemental 
NPRM to provide credit for actions done in accordance with EMBRAER 
Service Bulletin 145-32-0120, Revision 01, dated November 4, 2008.

Comments

    We have considered the following comments received on the original 
NPRM.

Request To Include Installation of LGEU Having Part Number (P/N) 355-
022-003 in the Aircraft Maintenance Manual

    American Eagle Airlines requests that we revise the original NPRM 
to also allow replacing the LGEU, in accordance with Section 32-32-01 
Part II of the EMBRAER Aircraft Maintenance Manual (AMM), as an 
acceptable method of compliance with the requirements of paragraph (g) 
of the original NPRM. Paragraph (g) of the original NPRM would have 
required replacing LGEU having P/N 355-022-002 with P/N 355-002-003, in 
accordance with EMBRAER Service Bulletin 145-32-0120, Revision 01, 
dated November 4, 2008; or 145LEG-32-0032, Revision 02, dated February 
17, 2009; as applicable.
    We disagree with the request. Section 32-32-01 of the EMBRAER AMM 
does not include all the actions specified in the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-32-0120, Revision 01, 
dated November 4, 2008; or 145LEG-32-0032, Revision 02, dated February 
17, 2009. Neither the FAA nor the Brazilian authorities approve the 
AMM. However, operators may apply for an alternative method of 
compliance in accordance with the provisions specified in paragraph 
(h)(1) of this supplemental NPRM. No change has been made to this 
supplemental NPRM in this regard.

Request To Revise Compliance Times

    The Airline Pilots Association requests that we revise the 
compliance times to 12 months for replacing all LGEUs. The original 
NPRM specifies replacing LGEUs having P/N 355-022-002 having serial 
numbers (S/Ns) 1000 through 1999 with new LGEUs having P/N 355-022-003 
within 12 months after the effective date of the AD. It also specifies 
replacing LGEUs having P/N 355-022-002 having other serial numbers with 
new LGEUs having P/N 355-022-003 within 30 months after the effective 
date of this AD. The commenter provides no justification for this 
request.
    We disagree with the request to revise the compliance times. All 
LGEUs identified in this AD have the potential to fail. However, 
according to the manufacturer's data, LGEUs having P/N 1000 through 
1999 have certain internal components that could fail sooner than the 
internal components of the other LGEUs. For this reason LGEUs having P/
N 1000 through 1999 should be removed and replaced sooner than the 
other LGEUs. By replacing LGEUs having P/N 1000 through 1999 sooner as 
a result of a shorter compliance time, the same level of safety for all 
operators of the affected airplane is maintained. No change has been 
made to this supplemental NPRM in this regard.

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.
    Certain changes described above expand the scope of the earlier 
NPRM. As a result, we have determined that it is necessary to reopen 
the comment period to provide additional opportunity for the public to 
comment on this proposed AD.

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.

Explanation of Change to Costs of Compliance

    Since issuance of the original NPRM, we have increased the labor 
rate used in the Costs of Compliance from $80 per work-hour to $85 per 
work-hour. The Costs of Compliance information, below, reflects this 
increase in the specified hourly labor rate.

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 $85 per 
work-hour. Required parts would cost about $0 per product.

[[Page 8000]]

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 $120,870, or $170 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 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-
2009-0714; Directorate Identifier 2009-NM-041-AD.

Comments Due Date

    (a) We must receive comments by March 22, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes; 
certificated in any category; equipped with landing gear electronic 
unit (LGEU) having part number (P/N) 355-022-002.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    It was reported that after commanding the landing gear lever to 
down the three green landing gear positioning indication was 
displayed followed by the LG/LEVER DISAGREE EICAS [engine indicating 
and crew alerting system] message. The crew decided to continue the 
approach and landing procedure. As soon as the crew identified that 
the landing gear was not extended properly, a go-around procedure 
was successfully performed. During maneuver, the airplane settled 
momentarily onto the flaps and belly.
* * * * *
The unsafe condition is the landing gear remaining in the up and 
locked position during approach and landing. This condition could be 
accompanied by an invalid EICAS landing gear position indication, 
which could result in landing with gear in the up position and 
eliminate controllability of the airplane on the ground. This may 
consequently result in structural damage to the airplane. Required 
actions include replacing the LGEU with a new one having a new part 
number.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Unless already done, do the following actions:
    (1) Within 12 months after the effective date of this AD, 
replace any LGEU having P/N 355-022-002 having a serial number (S/N) 
1000 through 1999 inclusive with a new LGEU having P/N 355-022-003, 
in accordance with the Accomplishment Instructions of EMBRAER 
Service Bulletin 145-32-0120, Revision 02, dated February 17, 2009; 
or 145LEG-32-0032, Revision 02, dated February 17, 2009; as 
applicable.
    (2) As of 12 months after the effective date of this AD, no 
person may install on any airplane an LGEU having a P/N 355-022-002 
having a S/N 1000 through 1999 inclusive.
    (3) Within 30 months after the effective date of this AD, 
replace any LGEU having P/N 355-022-002 having a serial number not 
identified in paragraph (g)(1) of this AD, with a new LGEU having P/
N 355-022-003, in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 145-32-0120, Revision 02, dated February 
17, 2009; or 145LEG-32-0032, Revision 02, dated February 17, 2009; 
as applicable.
    (4) As of 30 months after the effective date of this AD, no 
person may install on any airplane an LGEU having a P/N 355-022-002 
and a serial number not identified in paragraph (g)(1) of this AD.
    (5) Replacing the LGEU is also acceptable for compliance with 
the requirements of paragraph (g) of this AD if done before the 
effective date of this AD in accordance with one of the service 
bulletins identified in Table 1 of this AD:

                    Table 1--Credit Service Bulletins
------------------------------------------------------------------------
   Embraer Service  Bulletin--        Revision--            Dated--
------------------------------------------------------------------------
145LEG-32-0032..................  Original..........  October 8, 2008.
145LEG-32-0032..................  01................  November 4, 2008.
145-32-0120.....................  Original..........  September 15,
                                                       2008.
145-32-0120.....................  01................  November 4, 2008.
------------------------------------------------------------------------

[[Page 8001]]

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    Although EMBRAER Service Bulletins 145LEG-32-0032, Revision 02, 
dated February 17, 2009; and 145-32-0120, Revision 02, dated 
February 17, 2009; specify that no person may install on any 
airplane an LGEU having P/N 355-022-002 as of 30 months after the 
effective date of this AD, we have determined that no LGEU having P/
N 355-022-002 with a S/N 1000 through 1999 inclusive may be 
installed as of 12 months after the effective date of this AD. 
Allowing installation of those serial numbers beyond 12 months would 
not address the identified unsafe condition and ensure an adequate 
level of safety. This difference has been coordinated with the 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC).

Other FAA AD Provisions

    (h) 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: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone (425) 227-1175; 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 (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI ANAC Airworthiness Directive 2009-01-01, 
effective January 8, 2009, as corrected by Brazilian Airworthiness 
Directive Errata, effective January 20, 2009; and Embraer Service 
Bulletins 145-32-0120, Revision 02, dated February 17, 2009; and 
145LEG-32-0032, Revision 02, dated February 17, 2009; for related 
information.

    Issued in Renton, Washington, on February 16, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-3441 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-13-P
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