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[Federal Register: May 17, 2010 (Volume 75, Number 94)]
[Rules and Regulations]
[Page 27403-27406]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17my10-3]

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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;
Amendment 39-16290; AD 2010-10-11]
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), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This 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.
* * * * *

[[Page 27404]]

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. We are issuing this AD to
require actions to correct the unsafe condition on these products.

DATES: This AD becomes effective June 21, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 21,
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (NPRM) to
amend 14 CFR part 39 to include an AD that would apply to the specified
products. That supplemental NPRM was published in the Federal Register
on February 23, 2010 (75 FR 7998). That supplemental NPRM proposed to
correct an unsafe condition for the specified products. The 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 ground. This may consequently result
in structural damage to the airplane. Required actions include
replacing the landing gear electronic unit with a new one having a new
part number. You may obtain further information by examining the MCAI
in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the supplemental NPRM or on the
determination of the cost to the public.

Clarification of Credit Paragraph

    We have revised paragraph (g)(5) of this AD to clarify that doing
replacements in accordance with one of the service bulletins identified
in Table 1 of this AD, if done before the effective date of this AD, is
acceptable for compliance with the corresponding replacement required
by paragraph (g)(1) or (g)(3) of this AD.

Conclusion

    We reviewed the available data, and determined that air safety and
the public interest require adopting the AD with the change described
previously. We determined that this change will not increase the
economic burden on any operator or increase the scope of the 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 required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 711 products of U.S. registry.
We also estimate that it will take about 2 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $0 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 parts. 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 this AD to the 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 AD will not have federalism implications
under Executive Order 13132. This AD will 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 AD:
    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 AD and placed it in the AD docket.

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 the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone

[[Page 27405]]

(800) 647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

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 FAA amends Sec.  39.13 by adding the following new AD:

2010-10-11 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16290. Docket No. FAA-2009-0714; Directorate Identifier
2009-NM-041-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 21,
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 corresponding requirement of paragraph (g)(1) or (g)(3) 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
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        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.
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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.

[[Page 27406]]

Related Information

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

Material Incorporated by Reference

    (j) You must use EMBRAER Service Bulletin 145-32-0120, Revision
02, dated February 17, 2009; and EMBRAER Service Bulletin 145LEG-32-
0032, Revision 02, dated February 17, 2009; as applicable; to do the
actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this 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.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington on April 29, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-10872 Filed 5-14-10; 8:45 am]
BILLING CODE 4910-13-P
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