[Federal Register Volume 63, Number 121 (Wednesday, June 24, 1998)]
[Rules and Regulations]
[Pages 34274-34276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16497]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-181-AD; Amendment 39-10625; AD 98-13-34]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica, S.A.
(EMBRAER), Model EMB-145 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to all EMBRAER Model EMB-145 series airplanes. This
action requires repetitive emergency extension (free-fall) functional
tests of the nose landing gear (NLG), and lubrication of all NLG hinge
points, to ensure that the NLG extends and locks down properly; and
corrective action, if necessary. This amendment is prompted by issuance
of mandatory continuing airworthiness information by a foreign civil
airworthiness authority. The actions specified in this AD are intended
to prevent failure of the NLG to extend and lock down properly, which
could result in damage to the airplane structure, and consequent
reduced controllability of the airplane upon landing.
DATES: Effective July 9, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 9, 1998.
Comments for inclusion in the Rules Docket must be received on or
before July 24, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-181-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
The service information referenced in this AD 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; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Curtis 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: The Departmento de Aviacao Civil (DAC),
which is the airworthiness authority for Brazil, recently notified the
FAA that an unsafe condition may exist on all EMBRAER Model EMB-145
series airplanes. The DAC advises that it has received a report
indicating that the nose landing gear (NLG) on a Model EMB-145 series
airplane failed to extend and lock down upon landing, even after
accomplishment of the procedures for abnormal emergency landing gear
extension by the override switch and free-fall mechanism. As a result,
the airplane landed with the NLG not fully locked in the down position,
which resulted in minor damage to the airplane structure. The exact
cause of the failure of the NLG to extend and lock down properly has
not been determined at this time. This condition, if not corrected,
could result in damage to the airplane structure, and consequent
reduced controllability of the airplane upon landing.
Explanation of Relevant Service Information
EMBRAER has issued Alert Service Bulletin 145-32-A029, dated April
15, 1998, which describes procedures for performing repetitive
emergency extension (free-fall) functional tests of the NLG, and
lubrication of all NLG hinge points, to ensure that the NLG extends and
locks down properly; and corrective action, if necessary. Corrective
actions include performing a normal system functional test of the NLG
for five cycles, and repeating the emergency extension functional test
of the NLG.
EMBRAER Alert Service Bulletin 145-32-A029, dated April 15, 1998,
references two chapters in the EMBRAER Aircraft Maintenance Manual
(AMM) as additional sources of information to accomplish the functional
test procedures. Chapter 32-34-00 of the AMM describes procedures for
the emergency extension (free-fall) functional test, and Chapter 32-30-
00 of the AMM describes procedures for the normal system functional
extension test.
The DAC classified this alert service bulletin as mandatory and
issued
[[Page 34275]]
Brazilian airworthiness directive 98-05-01, dated May 12, 1998, 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 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, this AD is being issued to prevent failure of the
NLG to extend and lock down properly, which could result in damage to
the airplane structure, and consequent reduced controllability of the
airplane upon landing. This AD requires accomplishment of the actions
specified in the alert service bulletin described previously, except as
described below.
Differences Between the AD and the Relevant Service Information
Operators should note that, although the alert service bulletin
recommends accomplishment of the emergency extension functional test of
the NLG and lubrication of the NLG within 100 flight hours (after the
release of the alert service bulletin), the FAA has determined that an
interval of 50 flight hours after the effective date of this AD is a
more appropriate compliance time for this AD. In consonance with the
DAC, the FAA has determined that, because of the safety implications
and consequences of possible failure of the NLG to extend and lock down
properly upon landing, it is necessary to require a shorter compliance
time to ensure the continued operational safety of the fleet.
Operators also should note that the Brazilian airworthiness
directive and the EMBRAER alert service bulletin specify that if any
discrepancy is found on an airplane, it should be reported immediately
to the manufacturer to await instructions before the airplane is
returned to service. However, in light of the type of corrective action
required to address the identified unsafe condition, and in consonance
with existing bilateral airworthiness agreements, the FAA has
determined that for this AD, corrective action approved by either the
FAA or the DAC (or its delegated agent) is acceptable for compliance
with this AD.
In addition, operators should note that the alert service bulletin
specifies that corrective actions be accomplished if the NLG extension
time exceeds by more than 10 seconds the time limit specified in
EMBRAER AMM, chapter 32-34-00. However, the FAA has determined that an
additional 10-second time limit is not appropriate, and that it is
necessary to limit the time allowed for the functional test to a 30-
second total time limit to ensure continued operational safety of the
fleet.
Interim Action
This is considered to be interim action until final action is
identified, at which time the FAA may consider further rulemaking.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the 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 that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 98-NM-181-AD.'' The postcard will be date stamped and
returned to the commenter.
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.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from 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.
[[Page 34276]]
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
98-13-34 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-10625. Docket 98-NM-181-AD.
Applicability: All Model EMB-145 series airplanes, 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 nose landing gear (NLG) to extend and
lock down properly, which could result in damage to the airplane
structure, and consequent reduced controllability of the airplane
upon landing, accomplish the following:
(a) Within 50 flight hours after the effective date of this AD,
perform an emergency extension (free-fall) functional test of the
NLG, to ensure that the mechanism extends and locks down properly,
in accordance with EMBRAER Alert Service Bulletin 145-32-A029, dated
April 15, 1998. Repeat the functional test and lubrication
procedures thereafter at intervals not to exceed every ``A'' check,
but no later than 400 flight cycles.
Note 2: The alert service bulletin references EMBRAER Aircraft
Maintenance Manual (AMM), Chapter 32-34-00, as an additional source
of service information for accomplishment of the emergency extension
functional test.
(1) If the extension time of the landing gear is within 30
seconds, prior to further flight, lubricate all NLG hinge points in
accordance with Figure 1 of the Accomplishment Instructions of the
alert service bulletin.
(2) If the extension time of the landing gear exceeds 30
seconds, prior to further flight, accomplish the requirements of
paragraphs (a)(2)(i) and (a)(2)(ii) of this AD.
(i) Lubricate all NLG hinge points in accordance with Figure 1
of the Accomplishment Instructions of the alert service bulletin.
And
(ii) Perform a normal system functional test of the NLG for five
cycles, and repeat the emergency extension functional test specified
by paragraph (a) of this AD. If the extension and locking time still
exceeds 30 seconds, prior to further flight, repair in accordance
with a method approved by either the Manager, Atlanta Aircraft
Certification Office (ACO), FAA, Small Airplane Directorate, or the
Departmento de Aviacao Civil (DAC) (or its delegated agent).
Note 3: The alert service bulletin references EMBRAER AMM,
Chapter 32-30-00, as an additional source of service information for
accomplishment of the normal system functional test.
(3) If any malfunction other than that specified in paragraph
(a)(2) of this AD is detected, prior to further flight, repair in
accordance with a method approved by the Manager, Atlanta ACO, or
the DAC (or its delegated agent).
(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 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 4: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
(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) The tests and lubrication shall be done in accordance with
EMBRAER Alert Service Bulletin 145-32-A029, dated April 15, 1998.
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 from Empresa Brasileira de Aeronautica
S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos Campos--SP,
Brazil. Copies may be inspected 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; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
Note 5: The subject of this AD is addressed in Brazilian
airworthiness directive 98-05-01, dated May 12, 1998.
(e) This amendment becomes effective on July 9, 1998.
Issued in Renton, Washington, on June 16, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-16497 Filed 6-23-98; 8:45 am]
BILLING CODE 4910-13-U
