[Federal Register Volume 65, Number 22 (Wednesday, February 2, 2000)]
[Proposed Rules]
[Pages 4902-4903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2224]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-83-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-145 Series Airplanes

AGENCY:  Federal Aviation Administration, DOT.

ACTION:  Notice of proposed rulemaking (NPRM).

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SUMMARY:  This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain EMBRAER Model EMB-145 
series airplanes. This proposal would require the installation of 
reinforcements in the lower portion of wing rib 15 on the left-hand and 
right-hand sides of the airplane. This proposal is prompted by issuance 
of mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified by the proposed AD are 
intended to prevent reduced structural integrity of the wing flap 
support structure.

DATES:  Comments must be received by March 3, 2000.

ADDRESSES:  Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-83-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.
    The service information referenced in the proposed rule 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.

FOR FURTHER INFORMATION CONTACT:  Satish Lall, Aerospace Engineer, 
Systems and Flight Test Branch, ACE-116A, FAA, Small Airplane 
Directorate, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone 
(770) 703-6082; fax (770) 703-6097.

SUPPLEMENTARY INFORMATION:

Comments Invited

    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 notice may be changed in 
light of the comments received.
    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 FAA-public 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 notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 99-NM-83-AD.'' 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, ANM-114, Attention: Rules 
Docket No. 99-NM-83-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified the FAA that an unsafe condition may 
exist on certain EMBRAER Model EMB-145 series airplanes. The DAC 
advises that the damage tolerance for EMB-145 series airplanes 
indicates that reinforcements must be installed in the lower portion of 
the wing at rib 15 on the right-and left-hand sides of the airplane in 
order to maintain the validity of the current inspection interval of 
2,000 flight cycles (prescribed in the maintenance instructions for the 
airplane). Such reinforcements will help to preserve the

[[Page 4903]]

structural integrity of the wing flap support structure.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-57-0008, Change No. 01, 
dated February 12, 1999, which describes procedures for installation of 
reinforcements in the lower portion of wing rib 15 on the left-hand and 
right-hand sides of the airplane. 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 1999-01-02R1, 
dated March 15, 1999, 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 
Sec. 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 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 33 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 20 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Required parts would cost 
approximately $3,124 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be 
$142,692, or $4,324 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted.

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 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. Section 39.13 is amended by adding the following new 
airworthiness directive:

    EMBRAER: Docket 99-NM-83-AD.

    Applicability: Model EMB-145 series airplanes, serial numbers 
145004 through 145058 inclusive, and 145060; 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 reduced structural integrity of the wing flap support 
structure, accomplish the following:
    (a) Prior to the accumulation of 8,000 total flight cycles, or 
within 45 days after the effective date of this AD, whichever occurs 
later, install reinforcements in the lower portion of rib 15 on the 
left-hand and right-hand sides of the airplane in accordance with 
Embraer Service Bulletin 145-57-0008, Change No. 1, dated February 
12, 1999.

    Note 2:
    Installation in accordance with Embraer Service Bulletin 145-57-
0008, dated October 21, 1998, accomplished prior to the effective date 
of this AD, is also acceptable for compliance with the requirements of 
paragraph (a) of this AD.

Alternative Methods of Compliance

    (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 Aircraft Certification 
Office (ACO), FAA, Small Airplane Directorate. 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 3:
    Information concerning the existence of approved alternative 
methods of compliance with this AD, if any, may be obtained from the 
Atlanta ACO.

Special Flight Permits

    (c) Special flight permits may be issued in accordance with 
Secs. 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.

    Note 4:
    The subject of this AD is addressed in Brazilian airworthiness 
directive 1999-01-02R1, dated March 15, 1999.


    Issued in Renton, Washington, on January 27, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-2224 Filed 2-1-00; 8:45 am]
BILLING CODE 4910-13-U