[Federal Register: February 4, 2010 (Volume 75, Number 23)]
[Rules and Regulations]               
[Page 5685-5689]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe10-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0659; Directorate Identifier 2009-NM-060-AD; 
Amendment 39-16191; AD 2010-03-07]
RIN 2120-AA64

 
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR 
Airplanes; and 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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[[Page 5686]]

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    It has been found occurrences of main landing gear (MLG) 
trailing arm pins broken due to a fatigue mechanism induced by an 
excessive torque applied during the assemblage of auxiliary door 
support attachment and consequent deformation of the MLG trailing 
arm axle. A broken pin can lead to loss of the MLG trailing arm 
axle, disconnecting the trailing arm from the main strut, which 
affects the airplane controllability on ground.
* * * * *
    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective March 11, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 11, 
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on July 30, 2009 (74 FR 
37965). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found occurrences of main landing gear (MLG) 
trailing arm pins broken due to a fatigue mechanism induced by an 
excessive torque applied during the assemblage of auxiliary door 
support attachment and consequent deformation of the MLG trailing 
arm axle. A broken pin can lead to loss of the MLG trailing arm 
axle, disconnecting the trailing arm from the main strut, which 
affects the airplane controllability on ground.
* * * * *
    Required actions include inspecting for cracks, and, if necessary, 
replacing the MLG trailing arm pin with a serviceable pin; and 
modifying the MLG auxiliary door mounting support. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    EMBRAER has issued the following revisions to the service 
information that was referenced in the NPRM:
     Service Bulletin 145LEG-52-0014, Revision 01, dated June 
17, 2009, which adds airplane serial number 145363.
     Service Bulletin 145LEG-32-0033, Revision 01, dated June 
18, 2009, which changes the visual inspection to a detailed inspection 
and includes the option of using the same part number of the landing 
gear trailing arm pin.
     Service Bulletin 145-32-0122, Revision 01, dated April 29, 
2009, which changes the visual inspection to a detailed inspection and 
includes the option of using the same part number of the landing gear 
trailing arm pin.
    We have revised this final rule to cite the revised service 
bulletins and to give credit for accomplishment of the actions done in 
accordance with the earlier service information referred to in the 
NPRM. We have also revised paragraph (f)(1)(i) and Note 1 of this AD to 
clarify that the inspection type is a detailed inspection.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request for Clarification for a Terminating Action

    American Eagle Airlines (AEA) requests that we add a statement to 
paragraph (f) of this AD that clarifies that the accomplishment of 
paragraph (f) of this AD is a terminating action for the requirements 
of this AD. AEA suggests that it is not clear that no further action is 
required after inspection.
    We agree to clarify the requirements. We have added the phrase 
``one-time'' before ``detailed inspection'' in paragraph (f)(1)(i) of 
this AD to clarify that no repeat inspections are required after the 
initial inspection.

Request for Changing Compliance Time

    AEA requests that we change the compliance in paragraph (f)(1) of 
this AD from ``whichever occurs first'' to ``whichever occurs later.'' 
AEA explains that the actions specified in the NPRM require jacking the 
airplane and compressing the landing gear, and that specific tools 
required to complete these tasks may not be stocked at every 
maintenance base. AEA explains that increasing the compliance time 
would allow operators to arrange for having the proper tools in their 
Main Base Visit program.
    While we agree that some of the tools required to perform the tasks 
may not be stocked at every maintenance base, we do not agree with the 
commenter's request to extend the compliance time. In developing an 
appropriate compliance time for this action, we considered the urgency 
associated with the subject unsafe condition, and the practical aspect 
of accomplishing the required tasks within a period of time that 
corresponds to the normal scheduled maintenance for most affected 
operators. However, according to the provisions of paragraph (g) of the 
final rule, we may approve requests to adjust the compliance time if 
the request includes data that prove that the new compliance time would 
provide an acceptable level of safety. We have not changed the final 
rule in this regard.

Addition of an Airplane

    Based on our original review of the service information, we 
determined that airplane serial number (S/N) 145363 was not affected. 
Therefore, the NPRM proposed to exclude airplane S/N 145363 from the 
applicability. We have now determined that airplane S/N 145363 should 
be included in the applicability of this final rule, and we have 
revised this final rule accordingly. This airplane is not on the U.S. 
Register and is known to be in compliance with the requirements of this 
AD.

Explanation of Additional Changes Made to This AD

    We have revised this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Conclusion

    We 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 determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in

[[Page 5687]]

general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 711 products of U.S. registry. 
We also estimate that it will take about 2 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Required parts will cost about $240 per product. 
Where the service information lists required parts costs that are 
covered under warranty, we have assumed that there will be no charge 
for these parts. As we do not control warranty coverage for affected 
parties, some parties may incur costs higher than estimated here. Based 
on these figures, we estimate the cost of this AD to the U.S. operators 
to be $284,400, or $400 per product.

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 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 this AD:
    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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

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 FAA amends Sec.  39.13 by adding the following new AD:

2010-03-07 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16191. Docket No. FAA-2009-0659; Directorate Identifier 
2009-NM-060-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
11, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ, as identified in EMBRAER Service Bulletin 
145LEG-32-0033, dated November 27, 2008; and Model EMB-135ER, -
135KE, -135KL, and -135LR airplanes, and Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes, as identified 
in EMBRAER Service Bulletin 145-32-0122, dated November 27, 2008; 
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    It has been found occurrences of main landing gear (MLG) 
trailing arm pins broken due to a fatigue mechanism induced by an 
excessive torque applied during the assemblage of auxiliary door 
support attachment and consequent deformation of the MLG trailing 
arm axle. A broken pin can lead to loss of the MLG trailing arm 
axle, disconnecting the trailing arm from the main strut, which 
affects the airplane controllability on ground.
* * * * *
    Required actions include inspecting for cracks, and, if 
necessary, replacing the MLG trailing arm pin with a serviceable 
pin; and modifying the MLG auxiliary door mounting support.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 2,500 flight hours or 24 months after the effective 
date of this AD, whichever occurs first, do the actions specified in 
paragraphs (f)(1)(i) and (f)(1)(ii) of this AD.
    (i) Perform a one-time detailed inspection for cracks on the MLG 
trailing arm pins, in accordance with EMBRAER Service Bulletin 145-
32-0122, Revision 01, dated April 29, 2009; or 145LEG-32-0033, 
Revision 01, dated June 18, 2009; as applicable. If any crack is 
found, before further flight, replace the MLG trailing arm pin with 
a serviceable pin, in accordance with EMBRAER Service Bulletin 145-
32-0122, Revision 01, dated April 29, 2009; or 145LEG-32-0033, 
Revision 01, dated June 18, 2009; as applicable.
    (ii) Prior to or concurrently with accomplishing the inspection 
required by paragraph (f)(1)(i) of this AD, modify the MLG auxiliary 
door mounting support, in accordance with EMBRAER Service Bulletin 
145-52-0047, Revision 01, dated March 31, 2008; or 145LEG-52-0014, 
Revision 01, dated June 17, 2009; as applicable.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation or 
assembly to detect damage, failure or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirrors, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate access procedures may be required.''


    Note 2: For the purposes of this AD, a ``serviceable'' pin is a 
pin that has no cracking.


[[Page 5688]]


    (2) Modifications and inspections accomplished before the 
effective date of this AD, according to a service bulletin listed in 
Table 1 of this AD, are considered acceptable for compliance with 
the corresponding action specified in this AD.

                                        Table 1--Credit Service Bulletins
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          Affected airplanes                   Service Bulletin                           Date
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Model EMB-135BJ airplanes.............  EMBRAER Service Bulletin        November 27, 2008.
                                         145LEG-32-0033.
Model EMB-135BJ airplanes.............  EMBRAER Service Bulletin        October 28, 2008.
                                         145LEG-52-0014.
Model EMB-135ER, -135KE, -135KL, and -  EMBRAER Service Bulletin 145-   November 27, 2008.
 135LR airplanes, and Model EMB-145, -   32-0122.
 145ER, -145MR, -145LR, -145XR, -
 145MP, and -145EP airplanes.
Model EMB-135ER, -135KE, -135KL, and -  EMBRAER Service Bulletin 145-   July 18, 2005.
 135LR airplanes, and Model EMB-145, -   52-0047.
 145ER, -145MR, -145LR, -145XR, -
 145MP, and -145EP airplanes.
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FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information 
as follows: Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC) Brazilian Airworthiness Directive 2009-02-01, dated February 
12, 2009, is applicable to ``all EMB-145 and EMB-135 aircraft models 
in operation.'' However, this does not agree with the service 
information specified in Table 2 of this AD, which specifies that 
only certain Model EMB-145 and EMB-135 airplanes are affected and 
identifies them by serial number. This AD is applicable only to the 
airplanes listed in the applicable service bulletins. This 
difference has been coordinated with the ANAC.


                                          Table 2--Service Information
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                   Document                        Revision                            Date
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EMBRAER Service Bulletin 145LEG-32-0033......                01  June 18, 2009.
EMBRAER Service Bulletin 145LEG-52-0014......                01  June 17, 2009.
EMBRAER Service Bulletin 145-32-0122.........                01  April 29, 2009.
EMBRAER Service Bulletin 145-52-0047.........                01  March 31, 2008.
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Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil Airworthiness Directive 2009-02-01, 
dated February 12, 2009; and the service information contained in 
Table 3 of this AD; for related information.

                                      Table 3--Related Service Information
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                   Document                        Revision                            Date
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EMBRAER Service Bulletin 145LEG-32-0033......                01  June 18, 2009.
EMBRAER Service Bulletin 145LEG-52-0014......                01  June 17, 2009.
EMBRAER Service Bulletin 145-32-0122.........                01  April 29, 2009.
EMBRAER Service Bulletin 145-52-0047.........                01  March 31, 2008.
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Material Incorporated by Reference

    (i) You must use the service information contained in Table 4 of 
this AD to do the actions required by this AD, unless the AD 
specifies otherwise.

                                   Table 4--Material Incorporated by Reference
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                   Document                        Revision                            Date
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EMBRAER Service Bulletin 145LEG-32-0033......                01  June 18, 2009.
EMBRAER Service Bulletin 145LEG-52-0014......                01  June 17, 2009.
EMBRAER Service Bulletin 145-32-0122.........                01  April 29, 2009.
EMBRAER Service Bulletin 145-52-0047.........                01  March 31, 2008.
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[[Page 5689]]

     (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP-BRASIL; telephone: 
+55 12 3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail: 
distrib@embraer.com.br; Internet: http://www.flyembraer.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at 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 January 22, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-1930 Filed 2-3-10; 8:45 am]
BILLING CODE 4910-13-P