Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 5073

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, pursuant to the 

authority delegated to me by the 

Administrator, the Federal Aviation 

Administration proposes to amend 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.

§ 39.13 [Amended] 

2. Section 39.13 is amended by 

adding the following new airworthiness 

directive:

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket 2000–NM–120–AD.

Applicability: Model EMB–120 series 

airplanes), certificated in any category, that 

are required by 14 CFR 135 to operate with 

a flight data recorder (FDR). 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent the potentiometers that provide 

information on the positions of the primary 

flight controls to the FDR from transmitting 

noisy signals or becoming improperly 

calibrated, resulting in the transmission of 

incomplete or inaccurate data to the FDR, 

accomplish the following: 

Initial Potentiometer Calibration Testing and 

FDR Readout 

(a) Within 6 months after the effective date 

of this AD: Calibrate the potentiometers to 

the ailerons, elevators, and rudder; perform 

a noise check of the potentiometers; and 

obtain a readout of the FDR; in accordance 

with a method approved by the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA. Section 31–30–

00, dated April 10, 2002, of the EMBRAER 

EMB–120 Airplane Maintenance Manual 

(AMM) is one approved method. The noise 

check must be performed by certificated 

maintenance personnel.

Note 1: For the purposes of this AD, 

calibration is defined as the adjustment of the 

potentiometers, including operational and 

functional tests of the FDR system, as 

specified in Section 31–30–00 of the 

EMBRAER EMB120 AMM.

Repetitive Potentiometer Calibration Testing 

and FDR Readout 

(b) Repeat the calibration and noise check 

of the potentiometers and obtain a readout of 

the FDR, as required by paragraph (a) of this 

AD, at intervals not to exceed 6 months. 

Replacement of Potentiometers 

(c) If any readout of the FDR, conducted in 

accordance with paragraph (a) or (b) of this 

AD, indicates a potentiometer with a noisy 

signal: Within 20 days after obtaining the 

readout, replace the potentiometer with one 

that has a date of manufacture no greater than 

12 months from the date of installation, in 

accordance with a method approved by the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA. Section 

31–30–05, dated July 17, 1998, of the 

EMBRAER EMB–120 AMM is one approved 

method.

Note 2: Section 31–30–05 of the EMBRAER 

EMB120 AMM includes instructions for 

calibrating the potentiometers. The 

procedures for the calibration are specified in 

Section 31–30–00 of the EMB120 AMM.

Modification of Flexible Couplers 

(d) Prior to further flight, after 

accomplishing paragraph (a) of this AD: 

Apply locktite adhesive over the threads of 

the screws of the flexible couplers that attach 

the shafts of the potentiometers to the shafts 

of the primary flight controls, in accordance 

with EMBRAER Service Bulletin 120–31–

0038, dated February 22, 1997; or Change 02, 

dated June 25, 1998. 

Modification Accomplished Per Previous 

Issue of Service Bulletin 

(e) Modification of the flexible couplers 

done before the effective date of this AD in 

accordance with EMBRAER Service Bulletin 

120–31–0038, Change 01, dated October 3, 

1997, is considered acceptable for 

compliance with the corresponding action 

specified in paragraph (d) of this AD. 

Reporting Requirement 

(f) At the applicable time specified in 

paragraph (f)(1) or (f)(2) of this AD: Submit 

a report of the calibration tests of the 

potentiometers and the readouts of the FDR 

to Empresa Brasileira de Aeronautica S.A. 

(EMBRAER), Certification—Continued 

Airworthiness, Av. Brig. Faria Lima, 2170, 

P.C. 179, 12227–901, Sao Jose dos Campos—

SP, Brazil; fax (12) 3927–1184. Information 

collection requirements contained in this 

regulation have been approved by the Office 

of Management and Budget (OMB) under the 

provisions of the Paperwork Reduction Act of 

1980 (44 U.S.C. 3501 et seq.) and have been 

assigned OMB Control Number 2120–0056. 

(1) For calibration tests, noise checks, and 

FDR readouts done after the effective date of 

this AD: Submit the report within 30 days 

after performing each test, check, and readout 

required by paragraphs (a) and (b) of this AD. 

(2) For calibration tests, noise checks, and 

FDR readouts done before to the effective 

date of this AD: Submit the report within 10 

days after the effective date of this AD. 

Alternative Methods of Compliance 

(g) In accordance with 14 CFR 39.19, the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA, is 

authorized to approve alternative methods of 

compliance for this AD.

Note 3: The subject of this AD is addressed 

in Brazilian airworthiness directive 97–08–

01, dated August 29, 1997.

Issued in Renton, Washington, on January 

21, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 05–1795 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–2005–20221; Directorate 

Identifier 2004–NM–173–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330, A340–200, and A340–300 Series 

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 all 

Airbus Model A330, A340–200, and 

A340–300 series airplanes. This 

proposed AD would require inspecting 

to determine the part number and serial 

number of the left- and right-hand 

elevator assemblies, performing related 

investigative and corrective actions if 

necessary, and re-protecting the elevator 

assembly. This proposed AD is 

prompted by reports that areas on the 

top skin panel of the right-hand elevator 

have disbonded due to moisture 

penetration. We are proposing this AD 

to prevent disbonding of the elevator 

assembly, which could reduce the 

structural integrity of the elevator and 

result in reduced controllability of the 

airplane.

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. 

5074 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 

• 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 Airbus, 1 

Rond Point Maurice Bellonte, 31707 

Blagnac Cedex, France. 

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–

20221; the directorate identifier for this 

docket is 2004–NM–173–AD.

FOR FURTHER INFORMATION CONTACT: Tim 

Backman, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2797; 

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–

2005–20221; Directorate Identifier 

2004–NM–173–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 

website, 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 Direction Ge ́ne ́rale de l’Aviation 

Civile (DGAC), which is the 

airworthiness authority for France, 

notified us that an unsafe condition may 

exist on all Airbus Model A330, A340–

200, and A340–300 series airplanes. The 

DGAC advises that operators have found 

areas on the top skin panel of the righthand elevator that have disbonded due 

to moisture penetration. The disbonded 

areas were adjacent to inboard actuator 

attach fittings. Investigation identified a 

serial-number range of elevators that 

had not been tested for water leaks in 

production. Disbonding of the elevator 

assembly, if not corrected, could reduce 

the structural integrity of the elevator, 

which could result in reduced 

controllability of the airplane. 

Affected parts may be installed on 

either the left-or right-hand elevator 

assembly. Thus, the left-hand elevator 

assembly may be subject to the same 

unsafe condition revealed on the righthand elevator assembly. 

Relevant Service Information 

Airbus has issued Service Bulletins 

A330–55–3032 (for Model A330 series 

airplanes) and A340–55–4029 (for 

Model A340–200 and –300 series 

airplanes), both dated December 22, 

2003. Those service bulletins describe 

procedures for investigative and 

corrective actions related to inspecting/

testing the left- and right-hand elevator 

assemblies for evidence of moisture 

penetration. The inspection procedures 

include: 

• Performing an inspection of the 

inner skin of the upper and lower 

elevator panels using an endoscope to 

detect damage (such as a scratch, 

disbonding, or a tear) of the Tedlar film. 

• Performing a tap test to detect 

moisture penetration in the inner side of 

the upper and lower elevator panels. 

• Performing a thermographic 

inspection to detect moisture 

penetration in the upper and lower 

elevator panels. 

If damage is detected, corrective 

actions include repeating the 

thermographic inspection to determine 

the size of the damaged area, performing 

a tap test around the areas where 

moisture is indicated, and repairing the 

areas affected by moisture penetration. 

The service bulletins specify contacting 

Airbus for repair instructions for certain 

conditions.

The service bulletins also specify 

procedures for re-protecting the elevator 

assembly, regardless of whether damage 

is detected. These procedures include 

visually inspecting the drainage holes to 

determine if they are clean, cleaning the 

drainage holes if necessary, inspecting 

to determine the condition of the sealant 

covering the static discharges contour, 

and reapplying sealant if necessary. 

Accomplishing the actions specified 

in the applicable service bulletin is 

intended to adequately address the 

unsafe condition. The DGAC mandated 

the service information and issued 

French airworthiness directive F–2004–

118 R1, dated October 13, 2004, to 

ensure the continued airworthiness of 

these airplanes in France. 

FAA’s Determination and Requirements 

of the Proposed AD 

These airplane models are 

manufactured in France and are type 

certificated for operation in the United 

States under the provisions of section 

21.29 of the Federal Aviation 

Regulations (14 CFR 21.29) and the 

applicable bilateral airworthiness 

agreement. Pursuant to this bilateral 

airworthiness agreement, the DGAC has 

kept the FAA informed of the situation 

described above. We have examined the 

DGAC’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 inspecting to 

determine the part number and serial 

number of the left- and right-hand 

elevator assemblies. This proposed AD 

also would require, if necessary, 

performing the investigative/corrective 

actions specified in the service 

information described previously, 

except as discussed under ‘‘Differences 

Among the Proposed AD, the French 

Airworthiness Directive, and the Service 

Information.’’

Differences Among the Proposed AD, 

the French Airworthiness Directive, 

and the Service Information 

The effectivity of the French 

airworthiness directive includes only 

airplanes that have elevator assemblies 

having certain part number and serial 

number combinations. This proposed 

AD would apply to all airplanes of the 

affected models, and would require 

performing an initial inspection to 

determine if elevator assemblies having 

Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 5075

the part number and serial number 

combinations specified in the French 

airworthiness directive are installed. 

(No further action would be required if 

no elevator assembly having the subject 

part number and serial number 

combination is installed.) We find that 

it is necessary to expand the 

applicability to ensure that the related 

investigative actions that would be 

required by this proposed AD are 

performed if an elevator assembly 

having an affected part number and 

serial number combination is installed 

in the future. (Paragraph (i) of this 

proposed AD would prohibit 

installation of an elevator assembly 

having an affected part number and 

serial number unless the related 

investigative actions required by 

paragraph (h) of this AD are 

accomplished.) 

French airworthiness directive F–

2004–118 R1 specifies an inspection 

threshold of the earlier of 10 years or 

12,000 flight cycles since the first flight 

of the airplane. However, paragraph (g) 

of this proposed AD specifies an 

inspection threshold of the earlier of 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 12,000 

total flight cycles. This decision is based 

on our determination that ‘‘first flight of 

the airplane’’ may be interpreted 

differently by different operators. We 

find that our proposed terminology is 

generally understood within the 

industry, and records will always exist 

that establish these dates with certainty. 

The French airworthiness directive 

and the Accomplishment Instructions of 

the referenced service bulletins specify 

that you may contact the manufacturer 

for instructions on how to repair certain 

conditions, but this proposed AD would 

require you to repair those conditions 

using a method that we or the DGAC (or 

its delegated agent) approve. In light of 

the type of repair that would be required 

to address the unsafe condition, and 

consistent with existing bilateral 

airworthiness agreements, we have 

determined that, for this proposed AD, 

a repair that we or the DGAC approve 

would be acceptable for compliance 

with this proposed AD. 

The French airworthiness directive 

and the Accomplishment Instructions of 

the referenced service bulletins describe 

procedures for submitting certain 

information to the manufacturer. This 

proposed AD would not require that 

action. 

Clarification of Inspection Terminology 

In this proposed AD, the visual 

inspection of the drain holes and the 

inspection to determine the condition of 

the sealant covering the static 

discharges contour are referred to as 

‘‘general visual inspections.’’ We have 

included the definition for a general 

visual inspection in a note in the 

proposed AD. 

Costs of Compliance 

This proposed AD would affect about 

20 airplanes of U.S. registry. The 

proposed inspection to determine the 

part number and serial number of 

installed elevator assemblies 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 $1,300, or $65 per airplane. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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.

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701, ‘‘General requirements.’’ Under 

that section, the FAA is charged 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 proposed AD. 

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):

Airbus: Docket No. FAA–2005–20221; 

Directorate Identifier 2004–NM–173–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 all Airbus Model 

A330, A340–200, and A340–300 series 

airplanes; certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by reports that 

areas on the top skin panel of the right-hand 

elevator have disbonded due to moisture 

penetration. We are issuing this AD to 

prevent disbonding of the elevator assembly, 

which could reduce the structural integrity of 

the elevator and result in reduced 

controllability of the airplane. 

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. 

Service Bulletin References 

(f) The term ‘‘service bulletin,’’ as used in 

this AD, means the Accomplishment 

Instructions of Airbus Service Bulletin A330–

55–3032 (for Model A330 series airplanes) or 

Airbus Service Bulletin A340–55–4029 (for 

Model A340–200 and –300 series airplanes), 

both dated December 22, 2003, as applicable. 

(1) Where the service bulletins recommend 

contacting Airbus for appropriate action: 

Before further flight, repair the condition 

according to a method approved by the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA; or the 

Direction Ge ́ne ́rale de l’Aviation Civile (or its 

delegated agent). 

(2) Although the service bulletins specify 

submitting certain information to the 

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–