[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Proposed Rules]
[Pages 41807-41810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19852]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0716; Directorate Identifier 2008-NM-212-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 Airplanes; and Empresa Brasileira de 
Aeronautica S.A. (EMBRAER) Model EMB-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: It has been found the occurrence of corrosion on the 
Auxiliary Power Unit (APU) mounting rods that could cause the APU rod 
to break, affecting the APU support structure integrity.
    APU support structure failure could result in undetectable fire in 
the tail cone and possible loss of control of the airplane. The 
proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

[[Page 41808]]


DATES: We must receive comments on this proposed AD by September 18, 
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-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-2009-0716; 
Directorate Identifier 2008-NM-212-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 Agencia Nacional De Aviacao Civil--Brazil (ANAC), which is the 
airworthiness authority for Brazil, has issued Brazilian Airworthiness 
Directive 2008-10-02, dated October 21, 2008 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    It has been found the occurrence of corrosion on the Auxiliary 
Power Unit (APU) mounting rods that could cause the APU rod to 
break, affecting the APU support structure integrity.

APU support structure failure could result in undetectable fire in the 
tail cone and possible loss of control of the airplane. Required 
actions include repetitive inspections for corrosion of the APU 
auxiliary and center mounting rods and rod ends, and corrective actions 
if necessary. Corrective actions include removing corrosion, applying 
anticorrosive treatment, and replacing mounting rods. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Service Bulletin 145-49-0034, Revision 01, dated 
September 8, 2008; and Service Bulletin 145LEG-49-0008, Revision 02, 
dated September 8, 2008. 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 about 761 products of U.S. registry. We also estimate that 
it would take about 8 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 $487,040, or $640 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

[[Page 41809]]

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-
2009-0716; Directorate Identifier 2008-NM-212-AD.

Comments Due Date

    (a) We must receive comments by September 18, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ, -135ER, -135KE, 
-135KL, and -135LR airplanes; and EMBRAER Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes, certified in 
any category; as identified Embraer Service Bulletin 145-49-0034, 
Revision 01, dated September 8, 2008; and Embraer Service Bulletin 
145LEG-49-0008, Revision 02, dated September 8, 2008.

Subject

    (d) Air Transport Association (ATA) of America Code 49: Airborne 
Auxiliary Power.

Reason

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

    It has been found the occurrence of corrosion on the Auxiliary 
Power Unit (APU) mounting rods that could cause the APU rod to 
break, affecting the APU support structure integrity.

APU support structure failure could result in undetectable fire in 
the tail cone and possible loss of control of the airplane. Required 
actions include repetitive inspections for corrosion of the APU 
auxiliary and center mounting rods and rod ends, and corrective 
actions if necessary. Corrective actions include removing corrosion, 
applying anticorrosive treatment, and replacing mounting rods.

Actions and Compliance

    (f) Unless already done do the following actions:
    (1) Within 500 flight hours or two months after the effective 
date of this AD, whichever occurs first, do an external detailed 
inspection for corrosion of the APU, auxiliary and center mounting 
rods, and rod ends. Repeat the inspections thereafter at intervals 
not to exceed 1,500 flight hours or 6 months, whichever occurs 
first. If any corrosion is found during any inspection, before 
further flight, do the actions required by paragraphs (f)(1)(i), 
(f)(1)(ii), and (f)(1)(iii) of this AD, as applicable. Do all 
actions required by this paragraph in accordance with the 
Accomplishment Instructions of Embraer Service Bulletin 145-49-0034, 
Revision 01, dated September 8, 2008; or Embraer Service Bulletin 
145LEG-49-0008, Revision 02, dated September 8, 2008; as applicable.
    (i) If light corrosion (characterized by discoloration or 
pitting) is found on a mounting rod, remove the corrosion and apply 
an anticorrosive treatment.
    (ii) If moderate corrosion (characterized by surface blistering 
or evidence of scaling and flaking), or heavy corrosion 
(characterized by severe blistering exfoliation, scaling and 
flaking) is found, replace the affected mounting rod with a new 
mounting rod having the same part number.
    (iii) If any corrosion is detected on the rod ends, remove the 
corrosion and apply an anticorrosive treatment.
    (2) Accomplishing the inspection and corrective actions required 
by paragraph (f)(1) of this AD before the effective date of this AD 
in accordance with Embraer Service Bulletin 145-49-0034, dated April 
18, 2008; Embraer Service Bulletin 145LEG-49-0008, dated April 18, 
2008; or Embraer Service Bulletin 145LEG-49-0008, Revision 01, dated 
May 26, 2008; is acceptable for compliance with the corresponding 
requirements of paragraph (f)(1) of this AD.
    (3) Submit a report of the positive findings (including level of 
corrosion such as Light, Moderate, or Heavy as identified in Embraer 
Corrosion Prevention Manual (CPM) 51-11-01, on the external surface 
of the rods as well as the rod ends) of the inspection required by 
paragraph (f)(1) of this AD to the ATTN: Mr. Antonio Claret--
Customer Support Group, Embraer Aircraft Holding, Inc, 276 S.W. 34th 
Street Fort Lauderdale, FL 33315--USA; telephone (954) 359-3826, at 
the applicable time specified in paragraph (f)(3)(i) or (f)(3)(ii) 
of this AD. The report must include the inspection results, a 
description of any discrepancies found, the airplane serial number, 
and the number of landings and flight hours on the airplane.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was accomplished prior to the effective 
date of this AD: Submit the report within 30 days after the 
effective date of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    (1) Brazilian Airworthiness Directive 2008-10-02, dated October 
21, 2008, requires only a one-time inspection with a compliance time 
of 1,500 flight hours or 6 months after the effective date of the 
Brazilian AD, whichever occurs first. However, we have determined 
that, since the exterior surface of the mounting rods is cadmium-
plated and corrosion propagates from inside out, a one-time 
inspection may not identify the corroded rods if corrosion did not 
become evident through the cadmium plated exterior surface. This 
one-time inspection will not reveal the extent of damage to these 
rods on the existing fleet and may require subsequent non-
destructive inspections (NDI) to determine the final action. This AD 
instead requires an initial inspection within the next 500 flight 
hours or 2 months after the effective date of this AD, whichever 
occurs first; and repetitive inspections at intervals not to exceed 
1,500 flight hours or 6 months, whichever occurs first. This 
difference has been coordinated with the Agencia Nacional De Aviacao 
Civil--Brazil (ANAC).
    (2) Although Brazilian Airworthiness Directive 2008-10-02, dated 
October 21, 2008, does not include a reporting requirement, the 
service bulletins identified in paragraph (f)(1) of this AD do 
specify reporting findings to Embraer. This AD requires that 
operators report the results of the inspections to Embraer because 
the required inspection report will help determine the extent of the 
corrosion in the affected fleet, from which we will determine if 
further corrective action is warranted. This difference has been 
coordinated with ANAC.
    (3) Brazilian Airworthiness Directive 2008-10-02, dated October 
21, 2008, allows replacement of the affected APU mounting rods by 
``new ones bearing a new P/N [part number] approved by ANAC 
[Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil].'' However, 
paragraph (f)(1)(ii) of this AD requires replacing the affected 
mounting rod only with a new mounting rod having the same part 
number. Operators may request approval of an alternative method of 
compliance in order to install a new part number in accordance with 
the procedures specified in paragraph (g)(1) of this AD. This 
difference has been coordinated with ANAC.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International

[[Page 41810]]

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, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 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.
    (4) Special Flight Permits: Special flight permits may be issued 
in accordance with sections 21.197 and 21.199 of the Federal 
Aviation Regulations (14 CFR 21.197 and 21.199) to operate the 
airplane to a location where the airplane can be modified (if the 
operator elects to do so), except if two or more center mounting 
rods or rod ends are heavily corroded or broken, a special flight 
permit is not permitted.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directive 2008-10-02, 
dated October 21, 2008; Embraer Service Bulletin 145-49-0034, 
Revision 01, dated September 8, 2008; and Embraer Service Bulletin 
145LEG-49-0008, Revision 02, dated September 8, 2008, for related 
information.

    Issued in Renton, Washington, on August 7, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-19852 Filed 8-18-09; 8:45 am]
BILLING CODE 4910-13-P