[Federal Register Volume 63, Number 6 (Friday, January 9, 1998)]
[Rules and Regulations]
[Pages 1337-1339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-103]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-CE-66-AD; Amendment 39-10273; AD 98-01-10]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A., 
Models EMB-110P1 and EMB-110P2 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 87-03-
10, which currently requires repetitively inspecting the fillet area of 
both the left and right main landing gear (MLG) wheel axle/piston tube 
support junction area for cracks on Empresa Brasileira de Aeronautica 
S.A. (EMBRAER) Models EMB-110P1 and EMB-110P2 airplanes, and requires 
replacing any MLG wheel axle/piston tube assembly where a crack is 
found. AD 87-03-10 also provided the option of reworking this area when 
no cracks were found as terminating action for the repetitive 
inspections. The Federal Aviation Administration's policy on aging 
commuter-class aircraft is to eliminate or, in certain instances, 
reduce the number of certain repetitive short-interval inspections when 
improved parts or modifications are available. This AD requires the 
following on EMBRAER Models EMB 110-P1 and EMB 110-P2 airplanes that do 
not have an ``R'' stamped on both the left and right MLG wheel axle/
piston tube assembly end-piece: inspecting (one-time) the fillet area 
of each MLG wheel axle/piston tube support junction area to assure that 
the area is free of cracks, replacing any MLG wheel axle/piston tube 
assembly if a crack is found, and reworking this area on both the left

[[Page 1338]]

and right MLG's, as terminating action for the repetitive inspections 
that are currently required by AD 87-03-10. The actions specified in 
this AD are intended to prevent failure of the MLG wheel axle/piston 
tube assembly caused by fatigue cracking, which could result in loss of 
control of the airplane during landing operations.

DATES: Effective February 9, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 9, 1998.

ADDRESSES: Service information that applies to this AD may be obtained 
from EMBRAER, Av. Brig Faira Lima 2170, 12227-901, Sao Jose dos Campos-
SP, Brazil. This information may also be examined at the Federal 
Aviation Administration (FAA), Central Region, Office of the Regional 
Counsel, Attention: Rules Docket 96-CE-66-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Curtis Jackson, Aerospace 
Engineer, FAA, Atlanta Aircraft Certification Office, Campus Building, 
1701 Columbia Avenue, suite 2-160, College Park, Georgia 30337-2748; 
telephone (404) 305-7358; facsimile (404) 305-7348.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This AD

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to include an AD that would apply to EMBRAER Models EMB-
110P1 and EMB-110P2 airplanes that do not have an ``R'' stamped on both 
the left and right MLG wheel axle/piston tube assembly end-piece was 
published in the Federal Register as a notice of proposed rulemaking 
(NPRM) on March 12, 1997 (62 FR 11384). The NPRM proposed to supersede 
AD 87-03-10 with a new AD that would require inspecting (one-time) the 
fillet area of both the left and right MLG wheel axle/piston tube 
support junction area to assure that the area is free of cracks, 
replacing any MLG wheel axle/piston tube assembly if a crack is found, 
and reworking this area on both the left and right MLG's, as 
terminating action for the repetitive inspections that are currently 
required by AD 87-03-10. Airplanes that have an ``R'' stamped on both 
the left and right MLG wheel axle/piston tube assembly end-piece either 
(1) have a design configuration that is different from the unsafe 
condition specified in this document; or (2) the airplanes already have 
both the left and right MLG wheel axle/piston tube assembly reworked. 
Accomplishment of the proposed inspection as specified in the NPRM 
would be in accordance with EMBRAER Service Bulletin (SB) No. 110-032-
0068, dated December 20, 1985. Accomplishment of the proposed rework as 
specified in the NPRM would be required in accordance with EMBRAER SB 
No. 110-032-0071, Change No. 01, dated June 21, 1988.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposed rule or the FAA's determination of the cost to the public.

The FAA's Determination

    After careful review of all available information related to the 
subject presented above, the FAA has determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
minor editorial corrections. The FAA has determined that these minor 
corrections will not change the meaning of the AD and will not add any 
additional burden upon the public than was already proposed.

Cost Impact

    The FAA estimates that 50 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 22 workhours 
(inspection: 8 workhours; rework: 14 workhours) per airplane to 
accomplish this AD, and that the average labor rate is approximately 
$60 an hour. There is no cost for parts to accomplish this AD. Based on 
these figures, the total cost impact of this AD on U.S. operators is 
estimated to be $66,000.
    The initial inspection cost of this AD is the same as that required 
by AD 87-03-10. The difference in the inspection costs of this AD and 
AD 87-03-10 is that this AD does not require the repetitive inspections 
and AD 87-03-10 currently requires repetitive inspections every 1,000 
landings. The required rework eliminates the repetitive inspection 
requirement, and is optional in AD 87-03-10.
    The FAA does not have any way of determining how many airplanes 
have an ``R'' stamped on both the left and right MLG wheel axle/piston 
tube support junction area end-piece and have these areas reworked, 
and, therefore already have the actions of this AD accomplished. The 
affected airplanes are no longer in production with few airplanes being 
operated in the United States. Since AD 87-03-10 provided the option of 
reworking the area on both the left and right MLG's as terminating 
action for the repetitive inspections, the FAA believes that most of 
the operators will have accomplished the rework and will not be 
affected by this AD.

The FAA's Aging Commuter Aircraft Policy

    The actions required by this AD are consistent with the FAA's aging 
commuter aircraft policy, which briefly states that, when a 
modification exists that could eliminate or reduce the number of 
required critical inspections, the modification should be incorporated. 
This policy is based on the FAA's determination that reliance on 
critical repetitive inspections on airplanes utilized in commuter 
service carries an unnecessary safety risk when a design change exists 
that could eliminate or, in certain instances, reduce the number of 
those critical inspections. In determining what inspections are 
critical, the FAA considers (1) the safety consequences of the airplane 
if the known problem is not detected by the inspection; (2) the 
reliability of the inspection such as the probability of not detecting 
the known problem; (3) whether the inspection area is difficult to 
access; and (4) the possibility of damage to an adjacent structure as a 
result of the problem.
    The alternative to reworking the fillet area of the left and right 
MLG wheel axle/piston tube support junction area is to rely on the 
repetitive inspections currently required by AD 87-03-10 to detect 
cracks in this area.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (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. A copy of the final evaluation prepared for this 
action is

[[Page 1339]]

contained in the Rules Docket. A copy of it may be obtained by 
contacting the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing Airworthiness Directive 
(AD) 87-03-10, Amendment 39-5524, and by adding a new AD to read as 
follows:

98-01-10  Empresa Brasileira De Aeronautica S.A: Amendment 39-10273; 
Docket 96-CE-66-AD. Supersedes AD 87-03-10, Amendment 39-5524.

    Applicability: Models EMB-110P1 and EMB-110P2 airplanes, all 
serial numbers, certificated in any category, that do not have an 
``R'' stamped on both the left and right main landing gear (MLG) 
wheel axle/piston tube assembly end-piece.

    Note 1: Airplanes that have an ``R'' stamped on both the left 
and right MLG wheel axle/piston tube assembly end-piece either (1) 
have a design configuration that is different from the unsafe 
condition specified in this AD; or (2) already have both the left 
and right MLG wheel axle/piston tube support junction area reworked. 
EMBRAER Service Bulletin (SB) No. 110-032-0071, Change No. 01, dated 
June 21, 1988, includes procedures for this rework, including 
stamping an ``R'' on both the left and right MLG wheel axle/piston 
tube assembly end-piece.
    Note 2: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required within the next 100 landings after the 
effective date of this AD, unless already accomplished.

    Note 3: If the number of landings is unknown, hours time-in-
service (TIS) may be used by multiplying the number of hours TIS by 
0.50. If hours TIS are utilized to calculate the number of landings, 
this would make the AD effective ``within the next 200 hours TIS 
after the effective date of this AD.''

    To prevent failure of a MLG wheel axle/piston tube assembly 
caused by fatigue cracking, which could result in loss of control of 
the airplane during landing operations, accomplish the following:
    (a) Inspect, using either eddy current, dye penetrant, or 
magnetic particle methods, the fillet area in both the left and 
right MLG wheel axle/piston support junction area for cracks in 
accordance with the instructions contained in EMBRAER SB No. 110-
032-0068, dated December 20, 1985. Included in this SB is ERAM SB 
No. 32-22, which includes procedures for accomplishing this 
inspection. If any cracks are found, prior to further flight, 
replace the MLG wheel axle/piston tube assembly with an uncracked 
assembly.
    (b) Visually inspect the fillet radius in both the left and 
right MLG wheel axle/piston tube support junction area to determine 
whether the profile requires rework. Accomplish the inspection in 
accordance with the instructions in ERAM SB No. 32-25, which is part 
of EMBRAER SB No. 110-032-0071, Change No. 01, dated June 21, 1988.
    (1) If the profile of the area of each MLG is like the one 
presented in image (A) Figure 1 of ERAM SB No. 32-25, which is part 
of EMBRAER SB No. 110-032-0071, Change No. 01, dated June 21, 1988, 
prior to further flight, polish the junction area using a fine grit 
abrasive cloth and stamp the letter ``R'' on the MLG wheel axle/
piston tube assembly end-pipe.
    (2) If the profile of the area of each MLG is like the one 
presented in image (B) Figure 1 of ERAM SB No. 32-25, which is part 
of EMBRAER SB No. 110-032-0071, Change No. 01, dated June 21, 1988, 
prior to further flight, accomplish the following in accordance with 
EMBRAER SB No. 110-032-0071, Change No. 01, dated June 21, 1988:
    (i) Rework each MLG wheel axle/piston tube support junction 
area;
    (ii) Polish each junction area using a fine grit abrasive cloth; 
and
    (iii) Stamp the letter ``R'' on each MLG wheel axle/piston tube 
assembly end-pipe.
    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Atlanta Aircraft Certification Office 
(ACO), Campus Building, 1701 Columbia Avenue, suite 2-160, College 
Park, Georgia 30337-2748.
    (1) The request shall be forwarded through an appropriate FAA 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Atlanta ACO.
    (2) Alternative methods of compliance approved in accordance 
with AD 87-03-10 (superseded by this action) are not considered 
approved as alternative methods of compliance with this AD.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

    (e) The inspection required by this AD shall be done in 
accordance with EMBRAER Service Bulletin No. 110-032-0068, dated 
December 20, 1985. The modification (rework, polishing, and 
stamping) required by this AD shall be done in accordance with 
EMBRAER Service Bulletin No. 110-032-0071, Change No. 01, dated June 
21, 1988. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies may be obtained EMBRAER, Av. Brig Faira 
Lima 2170, 12227-901, Sao Jose dos Campos-SP, Brazil. Copies may be 
inspected at the FAA, Central Region, Office of the Regional 
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri, or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.
    (f) This amendment (39-10273) supersedes AD 87-03-10, Amendment 
39-5524.
    (g) This amendment (39-10273) becomes effective on February 9, 
1998.

    Issued in Kansas City, Missouri, on December 24, 1997.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-103 Filed 1-8-98; 8:45 am]
BILLING CODE 4910-13-U