[Federal Register Volume 74, Number 31 (Wednesday, February 18, 2009)]
[Proposed Rules]
[Pages 7570-7573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3399]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0132; Directorate Identifier 2008-NM-081-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -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:

    During aircraft full scale fatigue test, it has been found the 
occurrence of cracks in the cockpit windshield post lower eyelet 
fitting at the attachment of the center post on the forward fuselage 
(SSI 53-10-19). Further analysis of this cracking resulted in 
modifications on the aircraft Airworthiness Limitation Items (ALI), 
to include new inspection tasks and its respective intervals. 
Undetected fatigue cracking in this area 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 March 20, 2009.

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-

[[Page 7571]]

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.
    For service information identified in this proposed AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--
12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone: +55 12 
3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail: 
[email protected]; Internet: http://www.flyembraer.com. You may 
review copies of the referenced 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.

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-2009-0132; 
Directorate Identifier 2008-NM-081-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 2007-07-02, effective August 21, 2007 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During aircraft full scale fatigue test, it has been found the 
occurrence of cracks in the cockpit windshield post lower eyelet 
fitting at the attachment of the center post on the forward fuselage 
(SSI 53-10-19). Further analysis of this cracking resulted in 
modifications on the aircraft Airworthiness Limitation Items (ALI), 
to include new inspection tasks and its respective intervals. 
Undetected fatigue cracking in this area could adversely affect the 
structural integrity of these airplanes.

The corrective action is revising the Airworthiness Limitations 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 the following documents:
     The EMB135/ERJ140/EMB145 Maintenance Review Board Report 
(MRBR) MRB-145/1150, Revision 11, dated September 19, 2007, which 
includes Appendix 2, ``Airworthiness Limitation Requirements.''
     Appendix 2, ``Airworthiness Limitation Requirements,'' of 
the Legacy BJ Maintenance Planning Guide (MPG) MPG-1483, Revision 5, 
dated March 22, 2007, found in the EMBRAER Legacy Scheduled Maintenance 
Requirements Document Manual, SMRD-1533.
    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 affect 709 products of U.S. registry. We also estimate that it 
would take 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 $56,720 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

[[Page 7572]]

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, Incorporation by 
reference, 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-
2009-0132; Directorate Identifier 2008-NM-081-AD.

Comments Due Date

    (a) We must receive comments by March 20, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER Model EMB-135BJ, -135ER, -
135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes, certificated in any category, all serial 
numbers, except EMB-145LR airplanes that have been modified in 
accordance with Brazilian Supplemental Type Certificates 2002S06-09, 
2002S06-10, and 2003S08-01.

    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) 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. The FAA has 
provided guidance for this determination in Advisory Circular (AC) 
25-1529-1A.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

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

    During aircraft full scale fatigue test, it has been found the 
occurrence of cracks in the cockpit windshield post lower eyelet 
fitting at the attachment of the center post on the forward fuselage 
(SSI 53-10-19). Further analysis of this cracking resulted in 
modifications on the aircraft Airworthiness Limitation Items (ALI), 
to include new inspection tasks and its respective intervals. 
Undetected fatigue cracking in this area could adversely affect the 
structural integrity of these airplanes.

The corrective action is revising the Airworthiness Limitations 
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 90 days after the effective date of this AD revise 
the Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness to incorporate the structural inspection 
item (SSI) 53-10-19's applicable tasks identified in Appendix 2, 
``Airworthiness Limitation Requirements,'' of the applicable 
document listed in Table 1 of this AD. The initial compliance times 
for the tasks start from the applicable time specified in SSI 53-10-
19 or within 200 flight cycles after revising the ALS, whichever 
occurs later. Repeat the applicable inspection thereafter at the 
interval specified in Appendix 2 of the applicable document listed 
in Table 1 of this AD, except as provided by paragraphs (f)(2) and 
(g) of this AD.

                      Table 1--Service Information
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                 Model                           EMBRAER Document
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EMB-135ER, -135KE, -135KL, -135LR, -     EMB135/ERJ140/EMB145
 145, -145ER, -145MR, -145LR, -145XR, -   Maintenance Review Board
 145MP, and -145EP airplanes.             Report (MRBR) MRB-145/1150,
                                          Revision 11, dated September
                                          19, 2007.
EMB-135BJ airplanes....................  Legacy BJ--Maintenance Planning
                                          Guide (MPG) MPG-1483, Revision
                                          5, dated March 22, 2007, found
                                          in the EMBRAER Legacy
                                          Scheduled Maintenance
                                          Requirements Document Manual,
                                          SMRD-1533.
------------------------------------------------------------------------


    Note 2: Appendix 2, ``Airworthiness Limitation Requirements,'' 
of EMBRAER EMB135/ERJ140/EMB145 MRBR MRB-145/1150, Revision 11, 
dated September 19, 2007, includes EMBRAER Temporary Revision 10-6, 
dated May 23, 2007, which is referred to in the MCAI as an 
applicable document to incorporate into the maintenance program.

    (2) After accomplishing the actions specified in paragraph 
(f)(1) of this AD, no alternative inspections or inspection 
intervals may be used unless the inspection or inspection interval 
is approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, or the Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) (or its delegated agent); or 
unless the inspection or interval is approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (g)(1) of this AD.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information 
as follows:
    (1) We have removed the requirement to mandate the SSI tasks in 
Section 4--``Structural Inspection Requirements,'' of the applicable 
document listed in Table 1 of this AD, which are referred to in the 
MCAI. Those SSI tasks are included in Appendix 2, ``Airworthiness 
Limitation Requirements,'' of the applicable document listed in 
Table 1 of this AD.
    (2) We have not included the 21,336-flight-cycle threshold 
specified in the MCAI because the airplanes in the U.S.-registered 
fleet have surpassed that threshold. Instead, we included a 200-
flight-cycle grace period for accomplishing the SSI 53-10-19 tasks.

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

[[Page 7573]]

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 
principal maintenance inspector (PMI) or principal avionics 
inspector (PAI), as appropriate, or lacking a principal inspector, 
your local Flight Standards District Office.
    (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, 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 Brazilian Airworthiness Directive 2007-07-02, 
effective August 21, 2007, and the service information listed in 
Table 1 of this AD, for related information.


    Issued in Renton, Washington, on January 30, 2009.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E9-3399 Filed 2-17-09; 8:45 am]
BILLING CODE 4910-13-P