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CFR Citation: 14 CFR Part 39

Docket ID: [Docket No. 2003-NM-85-AD]

RIN ID: RIN 2120-AA64

NOTICE: PROPOSED RULES

ACTION: Airworthiness directives:

DOCUMENT ACTION: Notice of proposed rulemaking (NPRM).

SUBJECT CATEGORY: Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and EMB-145 Series Airplanes

DATES: Comments must be received by January 30, 2004.

DOCUMENT SUMMARY: This document proposes the adoption of a new airworthiness directive (AD) that is applicable to certain EMBRAER Model EMB135 and EMB145 series airplanes. This proposal would require inspection of the housings of the main landing gear (MLG) leg strut bushings; repair of the housings if necessary; and replacement of the MLG leg strut bushings with new bushings. These actions are necessary to prevent corrosion of the housings of the MLG leg strut bushings and consequent failure of the MLG. This action is intended to address the identified unsafe condition.

SUMMARY: Empresa Brasileira de Aeronautica S.A.,

SUPPLEMENTAL INFORMATION

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 action may be changed in light of the comments received.

Submit comments using the following format:
[sbull] Organize comments issuebyissue. For example, discuss a request to change the compliance time and a request to change the service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the proposed AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each request.

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 FAApublic 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 action must submit a selfaddressed, stamped postcard on which the following statement is made: ``Comments to Docket Number 2003NM85AD.'' 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, ANM114, Attention: Rules Docket No. 2003NM85AD, 1601 Lind Avenue, SW., Renton, Washington 980554056.

Discussion

The Departamento de Aviacao Civil (DAC), which is the airworthiness authority for Brazil, notified the FAA that an unsafe condition may exist on certain EMBRAER Model EMB135 and 145 series airplanes. The DAC advises that, during a sampling program inspection, corrosion was discovered on the housings of certain main landing gear (MLG) leg strut bushings due to water accumulation in the holes of those bushings. This condition, if not corrected, could result in failure of the MLG. Explanation of Relevant Service Information

EMBRAER has issued Service Bulletin 145320066, Change 01, dated August 15, 2002, which describes procedures for a detailed inspection of the housings of the main landing gear (MLG) leg strut bushings; repair of the housings if necessary; and replacement of the MLG leg strut bushings with new bushings without holes. Accomplishment of the actions specified in the service bulletin is intended to adequately address the identified unsafe condition. The DAC classified this service bulletin as mandatory and issued Brazilian airworthiness directive 20021201, effective January 6, 2003, in order to assure the continued airworthiness of these airplanes in Brazil.

FAA's Conclusions

These airplane models are manufactured in Brazil and are 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
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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 accomplishment of the actions specified in the service bulletin described previously. Cost Impact

The FAA estimates that 75 airplanes of U.S. registry would be affected by this proposed AD.

It would take approximately 7 work hour per airplane to accomplish the proposed inspection of the bushing housings for corrosion, at an average labor rate of $65 per work hour. Based on these figures, the cost impact of the proposed inspection on U.S. operators is estimated to be $34,125, or $455 per airplane.

It would take approximately 7 work hours per airplane to accomplish the proposed replacement of the bushings, at an average labor rate of $65 per work hour. Required parts would cost approximately $250 per airplane. Based on these figures, the cost impact of the proposed replacement of bushings on U.S. operators is estimated to be $52,875, or $705 per airplane.

The cost impact figures discussed above are based on assumptions that no operator has accomplished any of the proposed requirements of this AD action, and that no operators would accomplish those actions in the future if this proposed AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions.

Regulatory Impact

The regulations proposed herein would 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. Therefore, it is determined that this proposal would not have federalism implications under Executive Order 13132.

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 39AIRWORTHINESS 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 2003NM85 AD.

Applicability: Model EMB135 and 145 series airplanes, certificated in any category, equipped with main landing gear (MLG) leg strut, part number (P/N) 23093002501 through 23093002508 inclusive, and 23092002501 through 23092002510 inclusive.

Compliance: Required as indicated, unless accomplished previously.

To prevent corrosion of the housings of the main landing gear (MLG) leg strut bushings and consequent failure of the MLG, accomplish the following:
Inspection and Repair of Housings
(a) Within 5,500 flight hours after the effective date of this AD, perform a detailed inspection of the housings of the MLG leg strut bushings for corrosion per the Accomplishment Instructions of EMBRAER Service Bulletin 145320066, Change 01, dated August 15, 2002. If any corrosion is found, prior to further flight, repair the housings in accordance with the Accomplishment Instructions of the service bulletin.

Note 1: For the purposes of this AD, a detailed inspection is defined as: ``An intensive visual examination of a specific structural area, system, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity deemed appropriate by the inspector. Inspection aids such as mirror, magnifying lenses, etc., may be used. Surface cleaning and elaborate access procedures may be required.''
Replacement of Bushings
(b) Within 5,500 flight hours after the effective date of this AD, replace the MLG leg strut bushing, P/N 23092022001, with a new bushing without holes, in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 145320066, Change 01, dated August 15, 2002.
Alternative Methods of Compliance
(c) In accordance with 14 CFR 39.19, the Manager, International Branch, ANM116, FAA, is authorized to approve alternative methods of compliance for this AD.

Note 2: The subject of this AD is addressed in Brazilian airworthiness directive 20021201, effective January 6, 2003.

Issued in Renton, Washington, on December 19, 2003. Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 0332135 Filed 123003; 8:45 am]
BILLING CODE 491013P

FOR FURTHER INFORMATION CONTACT Dan Rodina, Aerospace Engineer; International Branch, ANM116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 980554056; telephone (425) 2272125; fax (425) 2271149.