Federal Register, Volume 73 Issue 222 (Monday, November 17, 2008)

[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Rules and Regulations]
[Pages 67718-67720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26713]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26598, Directorate Identifier 2006-CE-087-AD;
Amendment 39-15733; AD 2008-23-12]
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: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued 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 the 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 cracking of the affected parts, compromising the
aircraft structural integrity, which may in turn lead to structural
failure and/or loss of some control surface.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective December 22, 2008.
On December 22, 2008, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.

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

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 8, 2008 (73 FR
38937). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

It has been found cases of corrosion at the 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 cracking of the affected parts, compromising the
aircraft structural integrity, which may in turn lead to structural
failure and/or loss of some control surface.
Since this condition may occur in other aircraft of the same
type design and affects flight safety, a corrective action is
required. Thus, sufficient reason exists to request compliance with
this AD in the indicated time limit.
Inspection for corrosion at regions of Wings-to-Fuselage
attachments, Vertical Stabilizer to Fuselage attachments, Rib 1
Half-wing and Passenger Seat Tracks; and if applicable, removal of
the detected corrosion.

Comments

We gave the public the opportunity to participate in developing
this AD. We have considered the comment received.
Embraer requests the FAA follow the required actions of the MCAI
and work together with the operators to issue AMOCs to relieve them
when the required actions are positively identified as unnecessary.
Embraer does not agree with the technical modifications proposed in the
supplemental NPRM. Embraer's position is that the service instructions
developed by Embraer present the necessary actions to adequately
address the reported unsafe condition.
Embraer also states that instructions presented in EMBRAER Service
Bulletin S.B. No.: 110-00-0007, REVISION No.: 01, dated January 12,
2007, and EMBRAER Service Bulletin S.B. No.: 110-57-0026, REVISION No.:
03, dated April 2, 2007, were developed based on findings of severe
corrosion in the worldwide EMB-110 fleet. Embraer does recognize that
since corrosion growth depends on several variables,

[[Page 67719]]

such as operational profile, climatic conditions, and the
implementation of recommended preventive maintenance actions, these
reports of severe corrosion may not represent the average situation of
the fleet. However, Embraer can not assume the reports of severe
corrosion are isolated findings.
The FAA does not agree. We previously reviewed comments from U.S.
operators and have again reviewed service difficulty reports (SDRs)
from the U.S. registered fleet. While there are some reports of
corrosion relevant to the areas and topics of the MCAI, the magnitude
and scope of the service difficulties in the U.S. fleet does not
warrant the imposition of the entire requirements as described in the
MCAI. We will continue to evaluate the other MCAI actions and monitor
the corrosion issue. We may take future AD action.
We are not changing the AD as a result of this comment.

Conclusion

We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed.

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 FAA policies. Any such differences are
highlighted in a NOTE within the AD.

Costs of Compliance

Based on the service information, we estimate that this AD will
affect 38 products of U.S. registry. We also estimate that it will take
about 95 work-hours per product to comply with basic requirements of
this AD. The average labor rate is $80 per work-hour.
Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $288,800 or $7,600 per product.
We have no way of determining the number of products that may need
any necessary follow-on actions or the cost associated with those
actions.

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 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 Management Facility
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 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

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec. 39.13 by adding the following new AD:

2008-23-12 Empresa Brasileira de Aeronautica S. A. (EMBRAER):
Amendment 39-15733; Docket No. FAA-2006-26598; Directorate
Identifier 2006-CE-087-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective December
22, 2008.

Affected ADs

(b) None.

Applicability

Subject

(d) Air Transport Association of America (ATA) Code 57: Wings.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:

Actions and Compliance

(f) Unless already done, do the following actions:
(1) Within the next 30 days after December 22, 2008 (the
effective date of this AD) or within the next 100 hours time-in-
service after December 22, 2008 (the effective date of

[[Page 67720]]

this AD), whichever occurs first, carry out a general visual
inspection for corrosion at the regions of the wings-to-fuselage
attachments, vertical stabilizer-to-fuselage attachments, rib 1
half-wing, and passenger seat tracks, following Parts I, II, and III
of the Embraer--Empresa Brasileira de Aeronautica S.A. (EMBRAER)
Service Bulletin S.B. No.: 110-00-0007, REVISION No.: 01, dated
January 12, 2007.
(i) Before further flight, all structures found corroded or
cracked as a result of the inspections done above must be addressed
following the detailed instructions and procedures described in
EMBRAER Service Bulletin S.B. No.: 110-00-0007, REVISION No.: 01,
dated January 12, 2007.
(ii) Previous accomplishment of EMBRAER Alert Service Bulletin
S.B. No.: 110-00-A007, dated March 6, 2006, or the implementation of
the tasks required by section VI of the Maintenance Planning Guides
TP 110P2/145, PM 110/652, or PM 110/165, released by EMBRAER, are
considered alternative methods of compliance (AMOC) with the
requirements of (f)(1) and (f)(1)(i) of this AD.
(2) Within the next 36 months after December 22, 2008 (the
effective date of this AD), do a visual and, as applicable, a dye-
penetrant inspection in rib 1 external and internal regions, in the
auxiliary fittings of the main box half-wings, and in the spar webs
of half-wings. Do the inspections following paragraph 3.
ACCOMPLISHMENT INSTRUCTIONS of EMBRAER Service Bulletin S.B. No.:
110-57-0026, REVISION No.: 03, dated April 2, 2007. Before further
flight, all structures found corroded or cracked as a result of the
inspections done above must be corrected following the detailed
instructions and procedures described in EMBRAER Service Bulletin
S.B. No.: 110-57-0026, REVISION No.: 03, dated April 2, 2007.

Note 1: The FAA is aware that most of the affected airplanes are
maintained under operators' approved aircraft inspection and
maintenance programs. The AD actions may be integrated into these
existing inspection and maintenance programs. We will consider
changes in the compliance time or alternative actions following the
provisions of paragraph (g)(1) of this AD.

FAA AD Differences

Note 2: This AD differs from the MCAI and/or service information
as follows: We determined the requirement to do Part IV and Part V
of EMBRAER Service Bulletin S.B. No.: 110-00-0007, REVISION No.: 01,
dated January 12, 2007, may go beyond addressing the unsafe
condition listed in the MCAI. We have removed those actions from
this AD. We will continue to evaluate the additional MCAI actions
and monitor the corrosion issue. We may take future AD action if we
determine an additional unsafe condition exists or is likely to
develop.

Other FAA AD Provisions

(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090.
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.
(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 (ANAC) AD
No.: 2006-10-01R1, dated August 30, 2007; EMBRAER Service Bulletin
S.B. No.: 110-00-0007, REVISION No.: 01, dated January 12, 2007; and
EMBRAER Service Bulletin S.B. No.: 110-57-0026, REVISION No.: 03,
dated April 2, 2007; for related information.

Material Incorporated by Reference

(i) You must use EMBRAER Service Bulletin S.B. No.: 110-00-0007,
REVISION No.: 01, dated January 12, 2007, and EMBRAER Service
Bulletin S.B. No.: 110-57-0026, REVISION No.: 03, dated April 2,
2007, to do the actions required by this AD, unless the AD specifies
otherwise.
(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., Av. Brig. Faria Lima 2170,
12227-901, Sao Jose dos Campos--SP, Brazil; phone: (+55 12) 3927
1000; e-mail: [email protected]; Internet: http://www.embraer.com/english/content/home.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; or 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/cfr/ibr-locations.html.

Issued in Kansas City, Missouri, on November 4, 2008.
Patrick R. Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-26713 Filed 11-14-08; 8:45 am]
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