[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Proposed Rules]
[Pages 5076-5078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1807]


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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).

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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.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
    <bullet> By fax: (202) 493-2251.
    <bullet> 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-

[[Page 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 
Sec.  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.

[[Page 5078]]

    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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  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