[Federal Register Volume 63, Number 6 (Friday, January 9, 1998)]
[Rules and Regulations]
[Pages 1337-1339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-103]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-CE-66-AD; Amendment 39-10273; AD 98-01-10]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.,
Models EMB-110P1 and EMB-110P2 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 87-03-
10, which currently requires repetitively inspecting the fillet area of
both the left and right main landing gear (MLG) wheel axle/piston tube
support junction area for cracks on Empresa Brasileira de Aeronautica
S.A. (EMBRAER) Models EMB-110P1 and EMB-110P2 airplanes, and requires
replacing any MLG wheel axle/piston tube assembly where a crack is
found. AD 87-03-10 also provided the option of reworking this area when
no cracks were found as terminating action for the repetitive
inspections. The Federal Aviation Administration's policy on aging
commuter-class aircraft is to eliminate or, in certain instances,
reduce the number of certain repetitive short-interval inspections when
improved parts or modifications are available. This AD requires the
following on EMBRAER Models EMB 110-P1 and EMB 110-P2 airplanes that do
not have an ``R'' stamped on both the left and right MLG wheel axle/
piston tube assembly end-piece: inspecting (one-time) the fillet area
of each MLG wheel axle/piston tube support junction area to assure that
the area is free of cracks, replacing any MLG wheel axle/piston tube
assembly if a crack is found, and reworking this area on both the left
[[Page 1338]]
and right MLG's, as terminating action for the repetitive inspections
that are currently required by AD 87-03-10. The actions specified in
this AD are intended to prevent failure of the MLG wheel axle/piston
tube assembly caused by fatigue cracking, which could result in loss of
control of the airplane during landing operations.
DATES: Effective February 9, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 9, 1998.
ADDRESSES: Service information that applies to this AD may be obtained
from EMBRAER, Av. Brig Faira Lima 2170, 12227-901, Sao Jose dos Campos-
SP, Brazil. This information may also be examined at the Federal
Aviation Administration (FAA), Central Region, Office of the Regional
Counsel, Attention: Rules Docket 96-CE-66-AD, Room 1558, 601 E. 12th
Street, Kansas City, Missouri 64106; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mr. Curtis Jackson, Aerospace
Engineer, FAA, Atlanta Aircraft Certification Office, Campus Building,
1701 Columbia Avenue, suite 2-160, College Park, Georgia 30337-2748;
telephone (404) 305-7358; facsimile (404) 305-7348.
SUPPLEMENTARY INFORMATION:
Events Leading to the Issuance of This AD
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to include an AD that would apply to EMBRAER Models EMB-
110P1 and EMB-110P2 airplanes that do not have an ``R'' stamped on both
the left and right MLG wheel axle/piston tube assembly end-piece was
published in the Federal Register as a notice of proposed rulemaking
(NPRM) on March 12, 1997 (62 FR 11384). The NPRM proposed to supersede
AD 87-03-10 with a new AD that would require inspecting (one-time) the
fillet area of both the left and right MLG wheel axle/piston tube
support junction area to assure that the area is free of cracks,
replacing any MLG wheel axle/piston tube assembly if a crack is found,
and reworking this area on both the left and right MLG's, as
terminating action for the repetitive inspections that are currently
required by AD 87-03-10. Airplanes that have an ``R'' stamped on both
the left and right MLG wheel axle/piston tube assembly end-piece either
(1) have a design configuration that is different from the unsafe
condition specified in this document; or (2) the airplanes already have
both the left and right MLG wheel axle/piston tube assembly reworked.
Accomplishment of the proposed inspection as specified in the NPRM
would be in accordance with EMBRAER Service Bulletin (SB) No. 110-032-
0068, dated December 20, 1985. Accomplishment of the proposed rework as
specified in the NPRM would be required in accordance with EMBRAER SB
No. 110-032-0071, Change No. 01, dated June 21, 1988.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were received on the
proposed rule or the FAA's determination of the cost to the public.
The FAA's Determination
After careful review of all available information related to the
subject presented above, the FAA has determined that air safety and the
public interest require the adoption of the rule as proposed except for
minor editorial corrections. The FAA has determined that these minor
corrections will not change the meaning of the AD and will not add any
additional burden upon the public than was already proposed.
Cost Impact
The FAA estimates that 50 airplanes in the U.S. registry will be
affected by this AD, that it will take approximately 22 workhours
(inspection: 8 workhours; rework: 14 workhours) per airplane to
accomplish this AD, and that the average labor rate is approximately
$60 an hour. There is no cost for parts to accomplish this AD. Based on
these figures, the total cost impact of this AD on U.S. operators is
estimated to be $66,000.
The initial inspection cost of this AD is the same as that required
by AD 87-03-10. The difference in the inspection costs of this AD and
AD 87-03-10 is that this AD does not require the repetitive inspections
and AD 87-03-10 currently requires repetitive inspections every 1,000
landings. The required rework eliminates the repetitive inspection
requirement, and is optional in AD 87-03-10.
The FAA does not have any way of determining how many airplanes
have an ``R'' stamped on both the left and right MLG wheel axle/piston
tube support junction area end-piece and have these areas reworked,
and, therefore already have the actions of this AD accomplished. The
affected airplanes are no longer in production with few airplanes being
operated in the United States. Since AD 87-03-10 provided the option of
reworking the area on both the left and right MLG's as terminating
action for the repetitive inspections, the FAA believes that most of
the operators will have accomplished the rework and will not be
affected by this AD.
The FAA's Aging Commuter Aircraft Policy
The actions required by this AD are consistent with the FAA's aging
commuter aircraft policy, which briefly states that, when a
modification exists that could eliminate or reduce the number of
required critical inspections, the modification should be incorporated.
This policy is based on the FAA's determination that reliance on
critical repetitive inspections on airplanes utilized in commuter
service carries an unnecessary safety risk when a design change exists
that could eliminate or, in certain instances, reduce the number of
those critical inspections. In determining what inspections are
critical, the FAA considers (1) the safety consequences of the airplane
if the known problem is not detected by the inspection; (2) the
reliability of the inspection such as the probability of not detecting
the known problem; (3) whether the inspection area is difficult to
access; and (4) the possibility of damage to an adjacent structure as a
result of the problem.
The alternative to reworking the fillet area of the left and right
MLG wheel axle/piston tube support junction area is to rely on the
repetitive inspections currently required by AD 87-03-10 to detect
cracks in this area.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (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. A copy of the final evaluation prepared for this
action is
[[Page 1339]]
contained in the Rules Docket. A copy of it may be obtained by
contacting the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends 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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing Airworthiness Directive
(AD) 87-03-10, Amendment 39-5524, and by adding a new AD to read as
follows:
98-01-10 Empresa Brasileira De Aeronautica S.A: Amendment 39-10273;
Docket 96-CE-66-AD. Supersedes AD 87-03-10, Amendment 39-5524.
Applicability: Models EMB-110P1 and EMB-110P2 airplanes, all
serial numbers, certificated in any category, that do not have an
``R'' stamped on both the left and right main landing gear (MLG)
wheel axle/piston tube assembly end-piece.
Note 1: Airplanes that have an ``R'' stamped on both the left
and right MLG wheel axle/piston tube assembly end-piece either (1)
have a design configuration that is different from the unsafe
condition specified in this AD; or (2) already have both the left
and right MLG wheel axle/piston tube support junction area reworked.
EMBRAER Service Bulletin (SB) No. 110-032-0071, Change No. 01, dated
June 21, 1988, includes procedures for this rework, including
stamping an ``R'' on both the left and right MLG wheel axle/piston
tube assembly end-piece.
Note 2: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (d) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required within the next 100 landings after the
effective date of this AD, unless already accomplished.
Note 3: If the number of landings is unknown, hours time-in-
service (TIS) may be used by multiplying the number of hours TIS by
0.50. If hours TIS are utilized to calculate the number of landings,
this would make the AD effective ``within the next 200 hours TIS
after the effective date of this AD.''
To prevent failure of a MLG wheel axle/piston tube assembly
caused by fatigue cracking, which could result in loss of control of
the airplane during landing operations, accomplish the following:
(a) Inspect, using either eddy current, dye penetrant, or
magnetic particle methods, the fillet area in both the left and
right MLG wheel axle/piston support junction area for cracks in
accordance with the instructions contained in EMBRAER SB No. 110-
032-0068, dated December 20, 1985. Included in this SB is ERAM SB
No. 32-22, which includes procedures for accomplishing this
inspection. If any cracks are found, prior to further flight,
replace the MLG wheel axle/piston tube assembly with an uncracked
assembly.
(b) Visually inspect the fillet radius in both the left and
right MLG wheel axle/piston tube support junction area to determine
whether the profile requires rework. Accomplish the inspection in
accordance with the instructions in ERAM SB No. 32-25, which is part
of EMBRAER SB No. 110-032-0071, Change No. 01, dated June 21, 1988.
(1) If the profile of the area of each MLG is like the one
presented in image (A) Figure 1 of ERAM SB No. 32-25, which is part
of EMBRAER SB No. 110-032-0071, Change No. 01, dated June 21, 1988,
prior to further flight, polish the junction area using a fine grit
abrasive cloth and stamp the letter ``R'' on the MLG wheel axle/
piston tube assembly end-pipe.
(2) If the profile of the area of each MLG is like the one
presented in image (B) Figure 1 of ERAM SB No. 32-25, which is part
of EMBRAER SB No. 110-032-0071, Change No. 01, dated June 21, 1988,
prior to further flight, accomplish the following in accordance with
EMBRAER SB No. 110-032-0071, Change No. 01, dated June 21, 1988:
(i) Rework each MLG wheel axle/piston tube support junction
area;
(ii) Polish each junction area using a fine grit abrasive cloth;
and
(iii) Stamp the letter ``R'' on each MLG wheel axle/piston tube
assembly end-pipe.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
approved by the Manager, Atlanta Aircraft Certification Office
(ACO), Campus Building, 1701 Columbia Avenue, suite 2-160, College
Park, Georgia 30337-2748.
(1) The request shall be forwarded through an appropriate FAA
Maintenance Inspector, who may add comments and then send it to the
Manager, Atlanta ACO.
(2) Alternative methods of compliance approved in accordance
with AD 87-03-10 (superseded by this action) are not considered
approved as alternative methods of compliance with this AD.
Note 4: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
(e) The inspection required by this AD shall be done in
accordance with EMBRAER Service Bulletin No. 110-032-0068, dated
December 20, 1985. The modification (rework, polishing, and
stamping) required by this AD shall be done in accordance with
EMBRAER Service Bulletin No. 110-032-0071, Change No. 01, dated June
21, 1988. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be obtained EMBRAER, Av. Brig Faira
Lima 2170, 12227-901, Sao Jose dos Campos-SP, Brazil. Copies may be
inspected at the FAA, Central Region, Office of the Regional
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri, or at
the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
(f) This amendment (39-10273) supersedes AD 87-03-10, Amendment
39-5524.
(g) This amendment (39-10273) becomes effective on February 9,
1998.
Issued in Kansas City, Missouri, on December 24, 1997.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-103 Filed 1-8-98; 8:45 am]
BILLING CODE 4910-13-U
