5076 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 

manufacturer, this AD does not include that 

requirement. 

Determining Part Number, Serial Number 

(g) At the later of the times specified in 

paragraphs (g)(1) and (g)(2) of this AD: 

Perform an inspection to determine the part 

number and serial number of the left- and 

right-hand elevator assemblies. If neither 

elevator assembly has a part number and 

serial number combination identified in 

Table 1 of this AD, no further action is 

required by this paragraph. If either elevator 

assembly has a part number and serial 

number combination identified in Table 1 of 

this AD, do paragraph (h) of this AD. 

(1) Within 10 years after the date of 

issuance of the original Airworthiness 

Certificate or the date of issuance of the 

original Export Certificate of Airworthiness, 

or before the accumulation of 12,000 total 

flight cycles, whichever is first. 

(2) Within 18 months after the effective 

date of this AD.

TABLE 1.—AFFECTED ELEVATOR PART NUMBERS AND SERIAL NUMBERS

Part Affected part 

numbers Affected serial numbers 

Left-hand elevator assembly .................................................... F55280000000, 

F55280000004

CG1002 through CG1091 inclusive, CG1093, CG1094, 

CG2001. 

Right-hand elevator assembly .................................................. F55280000001, 

F55280000005

CG1002 through CG1094 inclusive, CG2001. 

Inspections 

(h) If the left- or right-hand elevator 

assembly has a part number and serial 

number combination identified in Table 1 of 

this AD: Before further flight after 

accomplishing paragraph (g) of this AD, do 

the actions in paragraphs (h)(1), (h)(2), and 

(h)(3) of this AD, as applicable. 

(1) Perform an endoscopic inspection to 

detect damage (such as a scratch, disbonding, 

or a tear), and a tap test and a thermographic 

inspection to detect signs of moisture 

penetration, to the upper and lower elevator 

panels on both sides of the airplane, in 

accordance with the service bulletins. 

(2) If any damage is found, before further 

flight, do all applicable corrective actions 

(including but not limited to repeating the 

thermographic inspection to determine the 

size of the damaged area, and performing a 

tap test around the areas where moisture is 

indicated), in accordance with the service 

bulletin. 

(3) Re-protect the elevator assembly 

(including performing a general visual 

inspection to determine if the drainage holes 

are clean, a general visual inspection to 

determine the condition of the sealant 

covering the static discharges contour, and 

applicable corrective actions), in accordance 

with the service bulletin.

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

Parts Installation 

(i) As of the effective date of this AD, no 

person may install, on any airplane, an 

elevator assembly having a part number and 

serial number combination identified in 

Table 1 of this AD unless the actions required 

by paragraph (h) of this AD are 

accomplished. 

Alternative Methods of Compliance 

(AMOCs) 

(j) The Manager, International Branch, 

ANM–116, has the authority to approve 

AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

Related Information 

(k) French airworthiness directive F–2004–

118 R1, dated October 13, 2004, also 

addresses the subject of this AD.

Issued in Renton, Washington, on January 

21, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 05–1806 Filed 1–31–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20223; Directorate 

Identifier 2004–NM–193–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 and –145 

Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain EMBRAER Model EMB–135 and 

–145 series airplanes. This proposed AD 

would require repetitive detailed 

inspections for surface bruising of the 

main landing gear (MLG) trailing arms 

and integrity of the MLG pivot axle 

sealant, and corrective actions if 

necessary. This proposed AD would 

also provide for optional terminating 

action for the repetitive inspections. 

This proposed AD is prompted by a 

report of a fractured axle of the trailing 

arm of the MLG due to corrosion of the 

axle. We are proposing this AD to 

prevent a broken trailing arm and 

consequent failure of the MLG, which 

could lead to loss of control and damage 

to the airplane during take-off or 

landing.

DATES: We must receive comments on 

this proposed AD by March 3, 2005.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• By fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., 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), P.O. Box 343—CEP 12.225, 

Sao Jose dos Campos—SP, Brazil. 

You can examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street, 

SW., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC. 

This docket number is FAA–2005–

Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 5077

20223; the directorate identifier for this 

docket is 2004–NM–193–AD.

FOR FURTHER INFORMATION CONTACT:

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2005–20223; Directorate Identifier 

2004–NM–193–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments submitted by the 

closing date and may amend the 

proposed AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http://

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You can 

review the DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you can visit http://

dms.dot.gov.

Examining the Docket 

You can examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

Discussion 

The Departmento de Aviacao Civil 

(DAC), which is the airworthiness 

authority for Brazil, notified us that an 

unsafe condition may exist on certain 

EMBRAER Model EMB–135 and –145 

series airplanes. The DAC advises that 

it has received a report of a fractured 

axle of the trailing arm of the main 

landing gear (MLG) due to corrosion of 

the axle. This condition, if not 

corrected, could result in a broken 

trailing arm and consequent failure of 

the MLG, which could lead to loss of 

control and damage to the airplane 

during take-off or landing. 

Relevant Service Information 

EMBRAER has issued Service Bulletin 

145–32–0091, Change 01, dated July 1, 

2004. The service bulletin describes 

procedures for performing repeated 

detailed inspections for surface bruising 

of the main landing gear (MLG) trailing 

arms and integrity of the MLG pivot axle 

sealant; and corrective actions if 

necessary. Corrective actions include a 

detailed inspection for corrosion of the 

internal surface of the pivot axle; 

repairing the trailing arm surface; 

applying protective paint and corrosion 

inhibitors to the pivot axle or replacing 

the pivot axle with a new pivot axle; 

and replacing the MLG cardan with a 

new, improved cardan. Replacing the 

MLG cardan would eliminate the need 

for repeated detailed inspections. 

Accomplishing the actions specified 

in the service information is intended to 

adequately address the unsafe 

condition. 

The DAC mandated the service 

information and issued Brazilian 

airworthiness directive 2004–08–02, 

dated September 3, 2004, to ensure the 

continued airworthiness of these 

airplanes in Brazil. 

Service Bulletin 145–32–0091, 

Change 01, refers to Embraer Liebherr 

Equipamentos do Brasil S.A. (ELEB) 

Service Bulletin 2309–2002–32–04, 

Revision 01, dated May 24, 2004, as an 

additional source of service information 

for the inspection and repair of the MLG 

trailing arm components. The ELEB 

service bulletin is included within the 

EMBRAER service bulletin. 

FAA’s Determination and Requirements 

of the Proposed AD 

These airplane models are 

manufactured in Brazil and are type 

certificated for operation in the United 

States under the provisions of § 21.29 of 

the Federal Aviation Regulations (14 

CFR 21.29) and the applicable bilateral 

airworthiness agreement. According to 

this bilateral airworthiness agreement, 

the DAC has kept the FAA informed of 

the situation described above. We have 

examined the DAC’s findings, evaluated 

all pertinent information, and 

determined that we need to issue an AD 

for products of this type design that are 

certificated for operation in the United 

States. 

Therefore, we are proposing this AD, 

which would require accomplishing the 

actions specified in the service 

information described previously, 

except as discussed under ‘‘Difference 

Between the Proposed AD and Brazilian 

Airworthiness Directive.’’

This proposed AD would also provide 

for optional terminating action for the 

repetitive inspections. 

Consistent with the findings of the 

DAC, the proposed AD would allow 

repetitive inspections to continue in 

lieu of the terminating action. In making 

this determination, we considered that 

long-term continued operational safety 

in this case will be adequately ensured 

by repetitive inspections to detect 

sealant failure or surface bruising of the 

MLG trailing arm before it represents a 

hazard to the airplane. 

Difference Between the Proposed AD 

and Brazilian Airworthiness Directive 

Brazilian airworthiness directive 

2004–08–02, dated September 3, 2004, 

specifies a ‘‘detailed visual inspection;’’

however, this proposed AD would 

require a ‘‘detailed inspection’’ to 

eliminate any confusion about the 

proper type of inspection. We have 

included a definition of this type of 

inspection in Note 1 of this proposed 

AD. 

Costs of Compliance 

This proposed AD would affect about 

488 airplanes of U.S. registry. 

The proposed inspection of the MLG 

trailing arm surface and pivot axle 

sealant would take about 1 work hour 

per airplane, at an average labor rate of 

$65 per work hour. Based on these 

figures, the estimated cost of the 

proposed AD for U.S. operators is 

$31,720, or $65 per airplane, per 

inspection cycle. 

The proposed replacement of the 

MLG cardan and inspection of the 

internal surface of the MLG trailing arm 

pivot axle would take about 1 work hour 

per MLG (two MLGs per airplane), at an 

average labor rate of $65 per work hour. 

Required parts would cost about $3,500 

per cardan. Based on these figures, the 

estimated cost of the proposed AD for 

U.S. operators is $3,479,440, or $7,130 

per airplane. 

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. 

5078 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this 

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 that the 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. See the ADDRESSES

section for a location to examine the 

regulatory evaluation.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, 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] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD):

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2005–

20223; Directorate Identifier 2004–NM–

193–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this AD action by 

March 3, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model EMB–135 and 

–145 series airplanes, certificated in any 

category; as listed in EMBRAER Service 

Bulletin 145–32–0091, Change 01, dated July 

1, 2004. 

Unsafe Condition 

(d) This AD was prompted by a report of 

a fractured axle of the trailing arm of the 

main landing gear (MLG) due to corrosion of 

the axle. We are issuing this AD to prevent 

a broken trailing arm and consequent failure 

of the MLG, which could lead to loss of 

control and damage to the airplane during 

take-off or landing. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Inspection 

(f) Within 600 flight hours or 180 days after 

the effective date of this AD, whichever 

occurs first, perform a detailed inspection for 

surface bruising of the MLG trailing arms and 

integrity of the MLG pivot axle sealant; in 

accordance with the Accomplishment 

Instructions of EMBRAER Service Bulletin 

145–32–0091, Change 01, dated July 1, 2004. 

If no sign of sealant failure or bruising of the 

trailing arm is found, repeat the inspection 

thereafter at intervals not to exceed 5,500 

flight hours or 24 months, whichever occurs 

first, until paragraph (g)(3) of this AD has 

been accomplished.

Note 1: For the purposes of this AD, a 

detailed 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 mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’

Corrective/Terminating Actions 

(g) If any sign of sealant failure or bruising 

of either trailing arm surface is found, prior 

to further flight, do paragraphs (g)(1), (g)(2) 

and (g)(3) of this AD. Do the actions in 

accordance with EMBRAER Service Bulletin 

145–32–0091, Change 01, dated July 1, 2004. 

Accomplishment of paragraphs (g)(2) and 

(g)(3) of this AD ends the repetitive 

inspections required by paragraph (f) of this 

AD. 

(1) Repair any bruising of the trailing arm 

surface. 

(2) Replace the MLG cardan with a new, 

improved cardan. 

(3) Perform a detailed inspection for 

corrosion of the internal surface of the 

trailing arm pivot axle. 

(i) If no corrosion is found, apply 

protective paint and corrosion inhibitors. 

(ii) If corrosion is found, replace the pivot 

axle with a new pivot axle and apply 

corrosion inhibitors.

Note 2: EMBRAER Service Bulletin 145–

32–0091, Change 01, dated July 1, 2004, 

refers to Embraer Liebherr Equipamentos do 

Brasil S.A. (ELEB) Service Bulletin 2309–

2002–32–04, Revision 01, dated May 24, 

2004, as an additional source of service 

information for the inspection and repair of 

the MLG components. The ELEB service 

bulletin is included within the EMBRAER 

service bulletin.

Actions Accomplished According to 

Previous Issue of Service Bulletin 

(h) Actions accomplished before the 

effective date of this AD according to 

EMBRAER Service Bulletin 145–32–0091, 

dated February 19, 2004, are considered 

acceptable for compliance with the 

corresponding actions specified in this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

Related Information 

(j) Brazilian airworthiness directive 2004–

08–02, dated September 3, 2004, also 

addresses the subject of this AD.

Issued in Renton, Washington, on January 

21, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 05–1807 Filed 1–31–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20222; Directorate 

Identifier 2004–NM–230–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model DHC–8–102, –103, –106, –201, 

–202, –301, –311, and –315 Airplanes

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT).

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Bombardier Model DHC–8–102, 

–103, –106, –201, –202, –301, –311, and 

–315 airplanes. The subject of this 

proposed AD is the pilot’s static system. 

This proposed AD would require