[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Proposed Rules]
[Pages 10093-10095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3987]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26598; Directorate Identifier 2006-CE-87-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Models EMB-110P1 and EMB-110P2 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
the comment period.

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SUMMARY: We are revising an earlier NPRM 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:

    It has been found cases of corrosion at regions of Wings-to-
Fuselage attachments, Vertical Stabilizer to Fuselage attachments, 
Rib 1 Half-wing and Passenger Seat Tracks. Such corrosion may lead 
to subsequent fatigue cracking of the parts affected, reducing the 
aircraft structural integrity, which may in turn lead to structural 
failure and/or loss of some control surface.

    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 6, 2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; or in person at the Docket Management Facility 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 Office (telephone (800) 647-5227) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
901 Locust, Room 301, Kansas City, Missouri, 64106; telephone: (816) 
329-4146; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

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-2006-
26598; Directorate Identifier 2006-CE-87-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

[[Page 10094]]

proposed AD because of those comments.
    We will post all comments we receive, without change, to http://dms.dot.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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
January 8, 2007 (72 FR 678). That earlier NPRM proposed to require 
actions intended to address the unsafe condition for the products 
listed above.
    Since that NPRM was issued, the FAA has received three verbal 
comments requesting additional time to comment on the proposed rule. 
Since the NPRM comment period has already closed, the FAA is granting 
this extension by reopening the comment period instead of extending the 
comment period.

Relevant Service Information

    Embraer--Empresa Brasileira de Aeronutica S.A. (EMBRAER) has issued 
Service Bulletin S.B. No.: 110-00-0007, dated May 10, 2006. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no written comments on the NPRM or on the 
determination of the cost to the public. We did receive three verbal 
comments requesting additional time to comment on the proposed rule. 
Since others may want additional time to comment who did not contact 
the FAA, we are reopening the comment period for an additional 30 days.

FAA's Determination and Requirements of the 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 this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.
    We have since determined that the scope of the earlier NPRM made it 
difficult for the public to comment within the original comment period. 
As a result, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for the public to 
comment on the proposed AD.

Differences Between This Proposed 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 affect about 42 products of U.S. registry. We also estimate that 
it would take about 942 work-hours 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 $3,165,120 or $75,360 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-
2006-26598; Directorate Identifier 2006-CE-87-AD.

Comments Due Date

    (a) We must receive comments by April 6, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models EMB-110P1 and EMB-110P2 airplanes, 
all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 51: 
Structures.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    It has been found cases of corrosion at regions of Wings-to-
Fuselage attachments, Vertical Stabilizer to Fuselage attachments, 
Rib 1 Half-wing and Passenger Seat Tracks.

[[Page 10095]]

Such corrosion may lead to subsequent fatigue cracking of the parts 
affected, reducing the aircraft structural integrity, which may in 
turn lead to structural failure and/or loss of some control surface.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within the next 30 days or 100 hours time-in-service after 
the effective date of this AD, whichever occurs first, carry out a 
general visual inspection (GVI) for corrosion at the regions of the 
Wings-to-Fuselage attachments, Vertical Stabilizer to Fuselage 
attachments, Rib 1 Half-wing, and Passenger Seat Tracks, according 
to Parts I, II, and III of the Embraer--Empresa Brasileira de 
Aeronutica S.A. (EMBRAER) Service Bulletin S.B. No.: 110-00-0007, 
dated May 10, 2006.
    (i) All structures found corroded or cracked as a result of the 
inspections conducted above, must be addressed prior to further 
flight in accordance with detailed instructions and procedures 
described in EMBRAER Service Bulletin S.B. No.: 110-00-0007, dated 
May 10, 2006.
    (ii) Previous accomplishment of the EMBRAER Alert Service 
Bulletin S.B. No.: 110-00-A007, dated March 6, 2006, or the 
implementation of the tasks above, required by section VI of the 
Maintenance Planning Guides TP 110P2/145, PM 110/652, or PM 110/165, 
are considered acceptable methods of compliance with the 
requirements of (f)(1) of this AD.
    (2) Within the next 30 days after the effective date of this AD, 
accomplish Part IV of the EMBRAER Service Bulletin S.B. No.: 110-00-
0007, dated May 10, 2006. All structures found corroded or cracked 
as a result of the inspections conducted above, must be addressed 
prior to further flight in accordance with detailed instructions and 
procedures described in EMBRAER Service Bulletin S.B. No.: 110-00-
0007, dated May 10, 2006.
    (3) Within the next 12 months after the effective date of this 
AD, accomplish Part V of the EMBRAER Service Bulletin S.B. No.: 110-
00-0007, dated May 10, 2006. All structures found corroded or 
cracked as a result of the inspections conducted above, must be 
addressed prior to further flight in accordance with detailed 
instructions and procedures described in EMBRAER Service Bulletin 
S.B. No.: 110-00-0007, dated May 10, 2006.

    Note 1: For the purpose of this AD a GVI is: ``A visual 
examination of an interior or exterior area, installation or 
assembly to detect obvious damage, failure, or irregularity. This 
level of inspection is made from within touching distance, unless 
otherwise specified. A mirror may be necessary to enhance visual 
access to all exposed surfaces in the inspection area. This level of 
inspection is made under normally available lighting conditions such 
as daylight, hangar lighting, flashlight, or drop-light; and may 
require removal or opening of access panels or doors. Stands, 
ladders, or platforms may be required to gain proximity to the area 
being checked.''

FAA AD Differences

    Note 2: 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, 
Standards Staff, FAA, ATTN: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.
    (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 National Agency of Civil Aviation (ANAC) AD 
No.: 2006-10-01, dated October 25, 2006, EMBRAER Service Bulletin 
S.B. No.: 110-00-0007, dated May 10, 2006, and EMBRAER Alert Service 
Bulletin S.B. No.: 110-00-A007, dated March 6, 2006 for related 
information.

    Issued in Kansas City, Missouri, on March 1, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-3987 Filed 3-6-07; 8:45 am]
BILLING CODE 4910-13-P