[Federal Register Volume 74, Number 33 (Friday, February 20, 2009)]
[Rules and Regulations]
[Pages 7801-7804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3274]


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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; 
Amendment 39-15784; AD 2009-01-05]
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), 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) 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.
* * * * *

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

DATES: This AD becomes effective March 27, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 27, 
2009.

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

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:

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 March 13, 2008 (73 
FR 13501). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:


[[Page 7802]]


    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 Section, 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request for Changes to Airworthiness Limitation Items

    ExpressJet Airlines identifies the following three issues regarding 
the Airworthiness Limitation Items (ALIs) specified in the NPRM:
    (1) The tasks for the eddy current inspection of the aft upper 
landing gear trunnions show effectivity by trunnion part number, which 
leaves much to interpretation, especially since the illustrated parts 
catalog (IPC) gives the part numbers for the un-drilled trunnions. 
Embraer should supply the aircraft serial number for the effectivity 
since they should have this information available.
    We acknowledge and agree with this request. Embraer is in the 
process of providing information on airplane effectivity for the 
specific trunnion part numbers. Embraer's goal is to ensure that this 
information is available to operators in Revision 12 of the Scheduled 
Maintenance Requirements Document (SMRD). If Revision 12 is not issued 
as of the effective date of this AD, operators may request an 
alternative method of compliance (AMOC) with the AD under the 
provisions of paragraph (g)(1) of this AD. We have made no change to 
the AD in this regard.
    (2) There is too much left to interpretation for the ALIs. Several 
tasks have been renumbered in order to accommodate new intervals and 
effectivity with regard to the modification status or model type (e.g., 
135ER, 145LR, 145XR). These new task numbers should have a note stating 
that they are equivalent to the original task number and that 
performing the inspection under the original task number meets the 
requirement. If this is not written into the NPRM then a task with a 
new number will have to be performed as if it were a new task, with no 
credit given for previous accomplishment.
    We disagree with this request. Embraer states that the task 
equivalence between the former task and the new task can be verified in 
the Highlight section of the applicable Maintenance Review Board (MRB) 
Report revision (in this case Embraer temporary revision (TR) 10-5 
dated May 23, 2007). We have made no change to the AD in this regard.
    (3) Paragraph (f)(1) of the NPRM specifies revising the 
Instructions for Continued Airworthiness (ICAs) to include Section 4--
Structural Inspection Requirements and Section 5--Corrosion Prevention 
and Control Program. This is in addition to including the ALI Section. 
The commenter believes that the intent is to ensure that operators 
include the ALIs in their maintenance program. The MRB report tasks 
from Sections 4 and 5 should not be mandated by this AD.
    We disagree with this request. The AD does not mandate all of the 
tasks in Sections 4 and 5 of the complete MRB document. Operators are 
required to include only tasks specified in Sections 4 and 5 of Embraer 
EMB145 MRB Report MRB-145/1150, as identified in Embraer TR 10-5 in 
order to address the identified unsafe condition. We have made no 
change to the AD in this regard.

Request To Change the Applicability

    Embraer recommends changing the applicability in the NPRM to 
specify airplanes on which Embraer Service Bulletin 145-00-0032, dated 
September 29, 2006; Revision 01, dated October 23, 2006; Revision 02, 
dated November 24, 2006; or Revision 03, dated March 5, 2007; has been 
incorporated. Operators that have incorporated Revision 04, dated 
December 10, 2007, or subsequent revisions of Embraer Service Bulletin 
145-00-0032 should not be affected by this AD since information 
regarding updated Airworthiness Limitations Requirements is included in 
Revision 04 of the Service Bulletin.
    We disagree with this recommendation. The applicability specified 
in paragraph (c) of this AD does not specify a date or revision level 
for the referenced service bulletin; therefore, the original issue and 
Revisions 01, 02, 03, and 04 are already included in the applicability. 
All applicable airplanes are required to revise the ALS. We have made 
no change to the AD in this regard.

Request To Change Note 2

    Embraer recommends changing the language specified in Note 2 of the 
NPRM to exclude the phrase ``identical to that in TR 10-5,'' as this 
would mandate Embraer TR 10-5 for airplanes that have applied Embraer 
Service Bulletin 145-00-0032, even after the MRB report has been 
revised. Embraer adds that operators would be required to request AMOCs 
for every new revision, or even worse, would be prevented from 
implementing more restrictive time intervals that might be updated in 
future revisions. Embraer recommends accepting Revision 11 of the MRB 
report, which is already published, or subsequent MRB report revisions, 
as an alternative method of compliance. Revision 11 of the MRB report 
already includes information from Embraer TR 10-5. Embraer also 
recommends including information regarding maintenance plan intervals 
bridging, available in paragraph A2.3.2.1 of Appendix 2 of the MRB 
report, as an acceptable method to bridge these new intervals into 
operators' maintenance plans.
    We agree that Note 2 of this AD should be changed for clarity; 
therefore, we have changed the language in Note 2 to exclude the phrase 
``identical to that in TR 10-5.''
    We do not agree to include information regarding maintenance plan 
intervals bridging in the AD. That paragraph is already included in 
Embraer TR 10-5; therefore, it is acceptable to include those 
provisions in the operators' maintenance plans. We have made no change 
to the AD in this regard.

Change to Final Rule

    The MCAI does not provide an initial compliance time or grace 
period for doing the tasks. We have determined that the intent of the 
MCAI is for the initial compliance time to start from the initial 
delivery date of the airplane at the applicable time specified in the 
tasks or within 200 flight cycles after revising the ALS, whichever 
occurs later, in order to address the identified unsafe condition in a 
timely manner. We have changed paragraph (f)(1) of this AD to include 
those compliance times.

[[Page 7803]]

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

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

Costs of Compliance

    We estimate that this AD will affect 572 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the 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 $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 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 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 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 Operations office 
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 Operations 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:

2009-01-05 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15784. Docket No. FAA-2008-0271; Directorate Identifier 
2007-NM-267-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
27, 2009.

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 Section, 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 Section, 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 Embraer Temporary Revision (TR) 10-5, dated 
May 23, 2007, of the Embraer EMB 145 Maintenance Review

[[Page 7804]]

Board (MRB) Report MRB-145/1150. The initial compliance times for 
the tasks start from the initial delivery date of the applicable 
airplane at the applicable time specified in the tasks or within 200 
flight cycles after revising the ALS, whichever occurs later. Repeat 
the applicable inspection thereafter at the interval specified in 
Embraer TR 10-5 of the Embraer EMB 145 MRB Report MRB-145/1150; 
except as provided by paragraphs (f)(2) and (g)(1) of this AD.

    Note 2: The actions required by paragraph (f)(1) of this AD may 
be done by inserting a copy of Embraer TR 10-5, dated May 23, 2007, 
into the sections. When this TR has been included in general 
revisions of the Embraer EMB 145 MRB Report MRB-145/1150, the 
general revisions may be inserted in the MRB report.

    (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.
    (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 2007-07-01, 
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.

Material Incorporated by Reference

    (i) You must use Embraer Temporary Revision 10-5, dated May 23, 
2007, to the Embraer EMB145 Maintenance Review Board Report MRB-145/
1150, to do the actions required by this AD, unless the AD specifies 
otherwise. (Some pages of the document do not have the full document 
title.)
    (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. (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.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601
Lind Avenue, SW., Renton, Washington; 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on November 4, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E9-3274 Filed 2-19-09; 8:45 am]
BILLING CODE 4910-13-P