[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Rules and Regulations]
[Pages 12233-12236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5966]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0668; Directorate Identifier 2008-NM-088-AD; 
Amendment 39-15847; AD 2009-06-11]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 190 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:

    During aircraft structure fatigue tests, cracks were found in 
the wing lower skin stringers between ribs 7 and 10 on both wings. 
In order to prevent fatigue cracks in the wing lower skin stringers, 
which could result in fuel leakage and reduced structural integrity 
of the wing, the referred stringers must be reworked.

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

DATES: This AD becomes effective April 28, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 28, 
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: Kenny Kaulia, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2848; 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 June 24, 2008 (73 FR 
35597). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:


[[Page 12234]]


    During aircraft structure fatigue tests, cracks were found in 
the wing lower skin stringers between ribs 7 and 10 on both wings. 
In order to prevent fatigue cracks in the wing lower skin stringers, 
which could result in fuel leakage and reduced structural integrity 
of the wing, the referred stringers must be reworked.

The corrective actions include spot-facing the lower wing stringers 
between ribs 7 and 10, doing a dye-penetrant inspection of the reworked 
stringers, shot-or flap-peening if no cracking is found, contacting 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) if any crack is found, and repairing.

Comments

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

Request To Include New Revision of Service Bulletin and New Inspection 
Option

    EMBRAER states that it has issued EMBRAER Service Bulletin 190-57-
0005, Revision 02, dated May 27, 2008. (We referred to EMBRAER Service 
Bulletin 190-57-0005, Revision 01, dated October 27, 2006, as the 
appropriate source of service information in the NPRM.) EMBRAER states 
that EMBRAER Service Bulletin 190-57-0005, Revision 02, dated May 27, 
2008, provides procedures for an eddy current inspection rather than 
the dye-penetrant inspection method specified in EMBRAER Service 
Bulletin 190-57-0005, Revision 01, dated October 27, 2006. The eddy 
current inspection method uses equipment that is more appropriate for 
handling inside the fuel tank. EMBRAER states that airplanes already 
inspected using the dye-penetrant inspection method do not require 
additional inspection, and requests that EMBRAER Service Bulletin 190-
57-0005, Revision 01, dated October 27, 2006, be considered an 
alternative method for complying with the NPRM.
    We agree that the eddy current inspection method specified in 
EMBRAER Service Bulletin 190-57-0005, Revision 02, dated May 27, 2008, 
is an acceptable optional way to do the inspection for cracking of the 
reworked stringers. Therefore, we have revised paragraph (f) of this AD 
to specify that operators may accomplish either the dye-penetrant 
inspection in accordance with EMBRAER Service Bulletin 190-57-0005, 
Revision 01, dated October 27, 2006, or the eddy current inspection in 
accordance with EMBRAER Service Bulletin 190-57-0005, Revision 02, 
dated May 27, 2008.

Request To Change Shot-Peening to Flap-Peening

    EMBRAER states that paragraph (f)(2)(i) of the NPRM should specify 
flap-peening of the reworked stringers if no cracking is found, rather 
than shot-peening as is specified in the NPRM. EMBRAER states that 
EMBRAER Service Bulletin 190-57-0005, Revision 02, dated May 27, 2008, 
specifies flap peening rather than shot peening.
    We partially agree. We agree with the request to specify flap-
peening in paragraph (f)(2)(i) of the AD; however, we disagree with 
specifying only flap peening in that paragraph because shot-peening is 
also an acceptable method of compliance. Airplanes that are in 
compliance with EMBRAER Service Bulletin 190-57-0005, Revision 01, 
dated October 27, 2006, do not need additional action. We have revised 
paragraph (f)(2)(i) of this AD to specify that both shot peening and 
flap peening are acceptable methods of compliance.

Request To Revise Contact for Repair Information

    EMBRAER requests that we revise paragraph (f)(2)(ii) of the NPRM to 
specify that operators may contact not only Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) for repair instructions if cracking 
is found, but also its delegated agent, or the Manager of the FAA's 
Transport Airplane Directorate (TAD).
    We agree that contacting one of ANAC's delegated agents or the TAD 
is appropriate. Therefore, we have changed paragraphs (e) and 
(f)(2)(ii) of this AD, and the last paragraph of the ``Discussion'' 
section, to specify that operators may also contact a delegated agent 
of ANAC, or the Manager of the TAD for repair instructions.

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 18 products of U.S. registry. 
We also estimate that it will take 110 work-hours 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 $158,400 or $8,800 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.

[[Page 12235]]

    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:

2009-06-11 Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-15847. Docket No. FAA-2008-0668; Directorate Identifier 
2008-NM-088-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
28, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model ERJ 190-100 STD, -100 LR, -
100 IGW, -100ECJ, -200 STD, -200 LR, and -200 IGW airplanes, 
certificated in any category, serial numbers 19000004, 19000006 
through 19000028 inclusive, and 19000030 through 19000039 inclusive.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During aircraft structure fatigue tests, cracks were found in 
the wing lower skin stringers between ribs 7 and 10 on both wings. 
In order to prevent fatigue cracks in the wing lower skin stringers, 
which could result in fuel leakage and reduced structural integrity 
of the wing, the referred stringers must be reworked.
    The corrective actions include spot-facing the lower wing 
stringers between ribs 7 and 10, doing a dye-penetrant or eddy 
current inspection of the reworked stringers, shot- or flap-peening 
if no cracking is found, contacting 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) if any crack is found, and repairing.

Actions and Compliance

    (f) Unless already done: Prior to the accumulation of 5,000 
total flight cycles, or within 500 flight cycles after the effective 
date of this AD, whichever occurs later, do the following actions.
    (1) Spot-face the lower wing stringers between ribs 7 and 10 on 
both wings by changing their run out in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 190-57-0005, 
Revision 01, dated October 27, 2006; or Revision 02, dated May 27, 
2008.
    (2) Do a dye-penetrant inspection for cracking of the reworked 
stringers in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 190-57-0005, Revision 01, dated October 27, 
2006; or an eddy current inspection for cracking of the reworked 
stringers in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 190-57-0005, Revision 02, dated May 27, 
2008.
    (i) If no cracking is detected: Before further flight, flap-peen 
or shot-peen the stringer reworked area following the parameters 
indicated in the Accomplishment Instructions of EMBRAER Service 
Bulletin 190-57-0005, Revision 01, dated October 27, 2006; or 
Revision 02, dated May 27, 2008.
    (ii) If any cracking is detected: Before further flight, repair 
the airplane using a method approved by either the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the ANAC (or its delegated agent).
    (3) Actions done before the effective date of this AD in 
accordance with EMBRAER Service Bulletin 190-57-0005, dated October 
10, 2006; are acceptable for compliance with the corresponding 
requirements of paragraph (f) of this AD.

FAA AD Differences

    Note 1: 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: 
Kenny Kaulia, Aerospace Engineer, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 227-2848; 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 2008-01-02, 
effective February 25, 2008; EMBRAER Service Bulletin 190-57-0005, 
Revision 01, dated October 27, 2006; and EMBRAER Service Bulletin 
190-57-0005, Revision 02, dated May 27, 2008; for related 
information.

Material Incorporated by Reference

    (i) You must use EMBRAER Service Bulletin 190-57-0005, Revision 
01, dated October 27, 2006; or EMBRAER Service Bulletin 190-57-0005, 
Revision 02, dated May 27, 2008; as applicable; 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. (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 of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference 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.


[[Page 12236]]


    Issued in Renton, Washington, on February 20, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-5966 Filed 3-23-09; 8:45 am]
BILLING CODE 4910-13-P