[Federal Register Volume 64, Number 88 (Friday, May 7, 1999)]
[Proposed Rules]
[Pages 24545-24546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11470]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-98-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-145 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain EMBRAER Model EMB-145
series airplanes. This proposal would require a one-time ultrasonic
inspection of the maneuvering actuator piston rod of the main landing
gear (MLG) to ensure adequate wall thickness of the piston rods; and
replacement of any discrepant piston rod with a new piston rod. This
proposal is prompted by issuance of mandatory continuing airworthiness
information by a foreign civil airworthiness authority. The actions
specified by the proposed AD are intended to prevent failure of the
maneuvering actuator piston rod of the MLG, which would impede
retraction of the MLG and consequent reduced controllability of the
airplane.
DATES: Comments must be received by June 7, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 99-NM-98-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056. Comments may be inspected at this location
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal
holidays.
The service information referenced in the proposed rule may be
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O.
Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil. This information
may be examined at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia.
FOR FURTHER INFORMATION CONTACT: Curtis A. Jackson, Aerospace Engineer,
Airframe and Propulsion Branch, ACE-117A, FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone
(770) 703-6083; fax (770) 703-6097.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 99-NM-98-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 99-NM-98-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Departmento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, recently notified the FAA that an unsafe
condition may exist on certain EMBRAER Model EMB-145 series airplanes.
The DAC advises that that it has received a report indicating that, due
to a deviation in a manufacturing process, certain maneuvering actuator
piston rods for the main landing gear (MLG) may have been delivered
with reduced wall thickness. This condition, if not corrected, would
result in failure of the maneuvering actuator piston rod of the MLG,
which would impede retraction of the MLG and consequent reduced
controllability of the airplane.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin 145-32-0031, Change No. 01,
dated December 8, 1998, and Change No. 02, dated February 12, 1999,
which describe procedures for a one-time ultrasonic inspection of the
maneuvering actuator piston rods of the MLG to ensure adequate wall
thickness of the piston rods; and replacement of any discrepant piston
rod with a new piston rod.
The DAC classified this service bulletin as mandatory and issued
Brazilian airworthiness directive 98-09-01 R1, dated March 15, 1999, in
order to assure the continued airworthiness of these airplanes in
Brazil.
FAA's Conclusions
This airplane model is manufactured in Brazil and is 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 DAC has kept the FAA informed of
the situation described above. The FAA has examined the findings of the
DAC, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require a one-time
ultrasonic inspection of the maneuvering actuator piston rod of the MLG
to ensure adequate wall thickness of the piston rods; and replacement
of any discrepant piston rod with a new piston rod. The actions would
be required to be accomplished in accordance with the service bulletin
described previously.
[[Page 24546]]
Cost Impact
The FAA estimates that 33 EMBRAER Model EMB-145 series airplanes of
U.S. registry would be affected by this proposed AD, that it would take
approximately 1 work hour per airplane to accomplish the proposed
actions, and that the average labor rate is $60 per work hour. Based on
these figures, the cost impact of the proposed AD on U.S. operators is
estimated to be $1,980, or $60 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD action, and that no operator would accomplish those actions in
the future if this AD were not adopted.
Regulatory Impact
The regulations proposed herein would 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
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this 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) if promulgated, 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 draft
regulatory evaluation prepared for this action is 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, 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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 99-NM-98-
AD.
Applicability: Model EMB-145 series airplanes, equipped with
main landing gear maneuvering actuators, part and serial numbers as
listed in EMBRAER Service Bulletin 145-32-0031, Change No. 01, dated
December 8, 1998, and Change No. 02, dated February 12, 1999;
certificated in any category.
Note 1: 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 (b) 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 as indicated, unless accomplished
previously.
To prevent failure of the maneuvering actuator piston rod of the
main landing gear (MLG), which would impede retraction of the MLG
and consequent reduced controllability of the airplane; accomplish
the following:
Ultrasonic Inspection and Replacement
(a) Within the next 100 landings after the effective date of
this AD, perform an ultrasonic inspection of the maneuvering
actuator piston rods of the MLG to ensure adequate wall thickness of
the piston rods, in accordance with EMBRAER Service Bulletin 145-32-
0031, Change No. 01, dated December 8, 1998, or Change No. 02, dated
February 12, 1999.
(1) If the thickness of any measurement point in any piston rod
is greater than 2.0 mm (.079 inch), no further action is required by
this AD.
(2) If the thickness of any measurement point in any piston rod
is from 1.5 mm (.059 inch) to 2.0 mm (.079 inch): Within 500
landings after the effective date of this AD, replace the piston rod
with a new rod having the correct part number as specified in the
service bulletin.
(3) If the thickness of any measurement point in any piston rod
is less than 1.5 mm (.059 inch): Within 50 landings after the
effective date of this AD, replace the piston rod with a new rod
having the correct part number as specified in the service bulletin.
Alternative Methods of Compliance
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Atlanta Aircraft Certification
Office (ACO). Operators shall submit their requests through an
appropriate FAA Principal Maintenance Inspector, who may add
comments and then send it to the Manager, Atlanta ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
Special Flight Permits
(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.
Note 3: The subject of this AD is addressed in Brazilian
airworthiness directive 98-09-01 R1, dated March 15, 1999.
Issued in Renton, Washington, on April 30, 1999.
D. L. Riggin,
Acting Manager,
Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 99-11470 Filed 5-6-99; 8:45 am]
BILLING CODE 4910-13-V
