[Federal Register: March 13, 2008 (Volume 73, Number 50)]
[Proposed Rules]
[Page 13501-13503]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr08-21]
[[Page 13501]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0271; Directorate Identifier 2007-NM-267-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed 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:
Embraer has issued the Service Bulletin (SB) No. 145-00-0032 to
provide instructions to modify the EMB-145 ( ) aircraft and allow
operation with an increased Maximum Takeoff Weight (MTOW).
Reassessment of the Damage Tolerance Analysis during development of
the SB resulted in changes to the Airworthiness Limitation Items
(ALI) for those modified aircraft to include new tasks and to revise
some existing ones and its respective intervals.
Failure to inspect some structural components, according to the
new tasks and intervals for those modified aircraft, could prevent a
timely detection of fatigue cracking. Undetected fatigue cracking in
these components could adversely affect the structural integrity of
these airplanes.
* * * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by April 14, 2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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 this proposed AD, 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.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0271;
Directorate Identifier 2007-NM-267-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2007-07-01, effective August 21, 2007 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
Embraer has issued the Service Bulletin (SB) No. 145-00-0032 to
provide instructions to modify the EMB-145 ( ) aircraft and allow
operation with an increased Maximum Takeoff Weight (MTOW).
Reassessment of the Damage Tolerance Analysis during development of
the SB resulted in changes to the Airworthiness Limitation Items
(ALI) for those modified aircraft to include new tasks and to revise
some existing ones and its respective intervals.
Failure to inspect some structural components, according to the
new tasks and intervals for those modified aircraft, could prevent a
timely detection of fatigue cracking. Undetected fatigue cracking in
these components could adversely affect the structural integrity of
these airplanes.
* * * * *
The corrective action is revising the Airworthiness Limitations Section
Structural Inspection Requirements and Corrosion Prevention and Control
Program Section of the Instructions for Continued Airworthiness to
incorporate new structural inspection requirements. You may obtain
further information by examining the MCAI in the AD docket.
Relevant Service Information
EMBRAER has issued Temporary Revision (TR) 10-5, dated May 23,
2007, to the EMBRAER EMB145 Maintenance Review Board (MRB) Report MRB-
145/1150. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
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 proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would
[[Page 13502]]
affect about 572 products of U.S. registry. We also estimate that it
would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $45,760, or $80 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD 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.
For the reasons discussed above, I certify 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. 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 proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:
Empresa Brasileira De Aeronautica S.A. (Embraer): Docket No. FAA-
2008-0271; Directorate Identifier 2007-NM-267-AD.
Comments Due Date
(a) We must receive comments by April 14, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes, certificated in any
category, which have incorporated EMBRAER Service Bulletin 145-00-
0032.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (g)(1) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Embraer has issued the Service Bulletin (SB) No. 145-00-0032 to
provide instructions to modify the EMB-145 ( ) aircraft and allow
operation with an increased Maximum Takeoff Weight (MTOW).
Reassessment of the Damage Tolerance Analysis during development of
the SB resulted in changes to the Airworthiness Limitation Items
(ALI) for those modified aircraft to include new tasks and to revise
some existing ones and its respective intervals.
Failure to inspect some structural components, according to the
new tasks and intervals for those modified aircraft, could prevent a
timely detection of fatigue cracking. Undetected fatigue cracking in
these components could adversely affect the structural integrity of
these airplanes.
* * * * *
The corrective action is revising the Airworthiness Limitations
Section Structural Inspection Requirements and Corrosion Prevention
and Control Program Section of the Instructions for Continued
Airworthiness to incorporate new structural inspection requirements.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 60 days after the effective date of this AD: Revise
the Airworthiness Limitations Section (ALS) Structural Inspection
Requirements and Corrosion Prevention and Control Program Section of
the Instructions for Continued Airworthiness to incorporate the
tasks specified in Appendix 2, Airworthiness Limitation
Requirements, Section 4--Structural Inspection Requirements, and
Section 5--Corrosion Prevention and Control Program, identified in
Temporary Revision (TR) 10-5, dated May 23, 2007, to the EMBRAER EMB
145 Maintenance Review Board (MRB) Report MRB-145/1150.
Note 2: The actions required by paragraph (f)(1) of this AD may
be done by inserting a copy of TR 10-5 into the sections. When this
TR has been included in general revisions of the MRB report, the
general revisions may be inserted in the MRB report, provided the
relevant information in the general revision is identical to that in
TR 10-5.
(2) After accomplishing the actions specified in paragraph
(f)(1) of this AD, no alternative inspections or inspection
intervals may be used, except as provided by paragraph (g)(1) of
this AD.
FAA AD Differences
Note 3: This AD differs from the MCAI and/or service information
as follows: No differences.
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:
Sanjay Ralhan, Aerospace Engineer, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-1405; fax (425) 227-1149.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(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.
[[Page 13503]]
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, 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 2007-07-01,
effective August 21, 2007, and EMBRAER TR 10-5, dated May 23, 2007,
to the EMBRAER EMB145 MRB Report MRB-145/1150, for related
information.
Issued in Renton, Washington, on March 3, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-4995 Filed 3-12-08; 8:45 am]
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