[Federal Register Volume 70, Number 218 (Monday, November 14, 2005)]
[Rules and Regulations]
[Pages 69071-69073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22308]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22147; Directorate Identifier 2005-NM-114-AD; 
Amendment 39-14371; AD 2005-23-13]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 Airplanes, and Model EMB-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: The FAA is adopting a new airworthiness directive (AD) for 
certain EMBRAER Model EMB-135 airplanes, and Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This AD requires 
modification of the logic of the steering system of the nose landing 
gear (NLG) wheel. This AD results from reports of the loss of 
directional control of the airplane on the ground after an internal 
failure of the NLG wheel steering system. We are issuing this AD to 
prevent failure of the NLG wheel steering system, which could result in 
reduced controllability of the airplane.

DATES: This AD becomes effective December 19, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of December 19, 
2005.

ADDRESSES: You may examine the 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., Nassif Building, 
room PL-401, Washington, DC.
    Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service 
information identified in this 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:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain EMBRAER Model 
EMB-135 airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes. That NPRM was published in the Federal 
Register on August 22, 2005 (70 FR 48906). That NPRM proposed to 
require modification of the logic of the steering system of the nose 
landing gear (NLG) wheel.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Reference Latest Revision of EMBRAER Service Bulletins

    Two commenters request that the NPRM reference EMBRAER Service 
Bulletin 145-32-0104, Revision 03, dated June 21, 2005 (EMBRAER Service 
Bulletin 145-32-0104, dated January 18, 2005, is referenced as an 
appropriate source of service information for doing the actions 
specified in the NPRM). One commenter proposes revising paragraphs (c) 
and (f) of the NPRM to reference Revision 03 of the service bulletin. 
The same commenter also requests that EMBRAER Service Bulletin 145-32-
0104, dated January 18, 2005; EMBRAER Service Bulletin 145-32-0104, 
Revision 01, dated April 14, 2005; and EMBRAER Service Bulletin 145-32-
0104, Revision 02, dated May 19, 2005; be considered acceptable for 
compliance with the NPRM.
    The same commenter also requests that paragraphs (c) and (f) of the 
NPRM be revised to reference EMBRAER Service Bulletin 145LEG-32-0020, 
Revision 01, June 21, 2005 (EMBRAER Service Bulletin 145LEG-32-0020, 
dated April 1, 2005, is referenced as an appropriate source of service 
information for doing the actions specified in the NPRM). In addition, 
the commenter requests that EMBRAER Service Bulletin 145LEG-32-0020, 
dated April 1, 2005, be considered acceptable for compliance with the 
NPRM.
    We agree with the commenters. The procedures in Revision 01 of 
EMBRAER Service Bulletin 145LEG-32-0020 are essentially the same as 
those in the original issue of the service bulletin. Revision 01 was 
issued to correct certain diagrams.
    The procedures in Revision 03 of EMBRAER Service Bulletin 145-32-
0104 are essentially the same as those in the original issue of the 
service bulletin. Revisions 01 and 02 were issued to revise certain 
figures. Revisions 01 and 02 were also issued to split the effectivity 
of the service bulletin into groups and clarify that serial numbers 
14500839, 14500848, and 14500882 have an equivalent factory-
incorporated modification and are not affected airplanes. Revision 03 
was issued to update kit information.
    No airplanes have been added to the effectivity of any revision of 
EMBRAER Service Bulletin 145-32-0104 or 145LEG-32-0020.
    We have revised paragraphs (c) and (f) of this AD to reference 
EMBRAER Service Bulletin 145-32-0104, Revision 03, dated June 21, 2005; 
and EMBRAER Service Bulletin 145LEG-32-0020, Revision 01, June 21, 
2005. We have also added a new paragraph (g) to this AD to state that 
actions accomplished according to the previous issues of the service 
bulletins are acceptable for

[[Page 69072]]

compliance with the corresponding requirements of this AD.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD will affect about 620 airplanes of U.S. registry. The 
actions will take about 6 work hours per airplane, at an average labor 
rate of $65 per work hour. Required parts will cost between $49 and 
$391. Based on these figures, the estimated cost of the AD for U.S. 
operators is between $272,180 and $484,220, or between $439 and $781 
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.
    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 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 that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-23-13 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14371. Docket No. FAA-2005-22147; Directorate 
Identifier 2005-NM-114-AD.

Effective Date

    (a) This AD becomes effective December 19, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ airplanes, 
identified in EMBRAER Service Bulletin 145LEG-32-0020, Revision 01, 
June 21, 2005; and Model EMB-135ER, -135KE, -135KL, and -135LR 
airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes, identified in EMBRAER Service Bulletin 
145-32-0104, Revision 03, dated June 21, 2005; certificated in any 
category.

Unsafe Condition

    (d) This AD results from reports of the loss of directional 
control of the airplane on the ground after an internal failure of 
the steering system of the nose landing gear (NLG) wheel. We are 
issuing this AD to prevent failure of the NLG wheel steering system, 
which could 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.

Modification

    (f) Within 6,000 flight hours or 36 months after the effective 
date of this AD, whichever occurs first, modify the logic of the NLG 
wheel steering system in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 145LEG-32-0020, Revision 
01, June 21, 2005 (for Model EMB-135BJ airplanes); or EMBRAER 
Service Bulletin 145-32-0104, Revision 03, dated June 21, 2005 (for 
Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model 
EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes); as applicable.

Actions Accomplished in Accordance With Previous Issues of Service 
Bulletins

    (g) Actions accomplished before the effective date of this AD in 
accordance with the service bulletins listed in Table 1 of this AD 
are considered acceptable for compliance with the corresponding 
actions specified in this AD.

             Table 1.--Previous Issues of Service Bulletins
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                                    Revision
   EMBRAER service  bulletin         level                Date
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145-32-0104....................  Original.....  January 18, 2005.
145-32-0104....................  01...........  April 4, 2005.
145-32-0104....................  02...........  May 19, 2005.
145LEG-32-0020.................  Original.....  April 1, 2005.
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Alternative Methods of Compliance (AMOCs)

    (h)(1) 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.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (i) Brazilian airworthiness directive 2005-04-02, dated April 
30, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) You must use EMBRAER Service Bulletin 145LEG-32-0020, 
Revision 01, June 21, 2005; or EMBRAER Service Bulletin 145-32-0104, 
Revision 03, dated June 21, 2005; as applicable, to perform the 
actions that are required by this AD, unless the AD specifies 
otherwise. EMBRAER Service Bulletin

[[Page 69073]]

145LEG-32-0020, Revision 01, June 21, 2005, contains the following 
effective pages:

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              Page number                     Revision level shown on page             Date shown on page
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1, 2, 15, 19...........................  01...................................  June 21, 2005.
3-14, 16-18, 20, 21....................  Original.............................  April 1, 2005.
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    The Director of the Federal Register approved the incorporation 
by reference of these documents in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Contact Empresa Brasileira de Aeronautica S.A. 
(EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos Campos--SP, 
Brazil, for a copy of this service information. You may review 
copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the 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 November 2, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-22308 Filed 11-10-05; 8:45 am]
BILLING CODE 4910-13-P