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.
(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
______________________________________________________________________
AFFECTED AIRPLANES SERVICE BULLETIN DATE
______________________________________________________________________
Model EMB-135BJ airplanes EMBRAER Service Bulletin November 27,
145LEG-32-0033 2008
Model EMB-135BJ airplanes EMBRAER Service Bulletin October 28,
145LEG-52-0014 2008
Model EMB-135ER, -135KE, EMBRAER Service Bulletin November 27,
-135KL, and -135LR 145-32-0122 2008
airplanes, and Model
EMB-145, -145ER, -145MR,
-145LR, -145XR, -145MP,
and -145EP airplanes
Model EMB-135ER, -135KE, EMBRAER Service Bulletin July 18, 2005
-135KL, and -135LR 145-52-0047
airplanes, and Model
EMB-145, -145ER, -145MR,
-145LR, -145XR, -145MP,
and -145EP airplanes
______________________________________________________________________
FAA AD DIFFERENCES
NOTE 3: This AD differs from the MCAI and/or service information as
follows: Agencia Nacional de Aviacao 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
______________________________________________________________________
DOCUMENT REVISION DATE
______________________________________________________________________
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
______________________________________________________________________
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 Agencia Nacional de Aviacao 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
______________________________________________________________________
DOCUMENT REVISION DATE
______________________________________________________________________
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
______________________________________________________________________
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
______________________________________________________________________
DOCUMENT REVISION DATE
______________________________________________________________________
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
______________________________________________________________________
(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
Sao 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/i
br_locations.html.
Issued in Renton, Washington, on January 22, 2010. Ali Bahrami, Manager,
Transport Airplane Directorate, Aircraft Certification Service.
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.
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AGENCY: Federal Aviation Administration
(FAA), Department of Transportation (DOT).
ACTION: Final rule.
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 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
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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. The FAA amends Sec. 39.13 by adding the following new AD:
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