[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Proposed Rules]
[Pages 8557-8559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3826]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0170; Directorate Identifier 2009-NM-127-AD]
RIN 2120-AA64


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

    Reassessment of the damage tolerance analysis resulted in 
threshold reduction for some Structure Significant Items (SSI) of 
the Maintenance Review Board Report (MRBR) Airworthiness Limitations 
Items (ALI). Failure to inspect these structural components, 
according to the new threshold, could prevent a timely detection of 
fatigue cracking. These cracks, if not properly addressed, could 
adversely affect the structural integrity of the airplane.
* * * * *

    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 April 12, 2010.

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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; 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

[[Page 8558]]

ADDRESSES section. Include ``Docket No. FAA-2010-0170; Directorate 
Identifier 2009-NM-127-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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 2009-05-02, effective June 1, 2009 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    Reassessment of the damage tolerance analysis resulted in 
threshold reduction for some Structure Significant Items (SSI) of 
the Maintenance Review Board Report (MRBR) Airworthiness Limitations 
Items (ALI). Failure to inspect these structural components, 
according to the new threshold, could prevent a timely detection of 
fatigue cracking. These cracks, if not properly addressed, could 
adversely affect the structural integrity of the airplane.
* * * * *

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Embraer has issued Temporary Revision 12-1, dated November 27, 
2008, to the EMBRAER EMB135/EMB145 Maintenance Review Board Report MRB-
145/1150, Revision 12, dated September 19, 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 711 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $60,435, or $85 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 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-
2010-0170; Directorate Identifier 2009-NM-127-AD.

Comments Due Date

    (a) We must receive comments by April 12, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Empresa Brasileira de Aeronautica 
S.A. (EMBRAER) Model EMB-135ER, -135KE, -135KL, and -135LR 
airplanes; EMBRAER Model EMB-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes; certificated in any category.

[[Page 8559]]

Subject

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

Reason

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

    Reassessment of the damage tolerance analysis resulted in 
threshold reduction for some Structure Significant Items (SSI) of 
the Maintenance Review Board Report (MRBR) Airworthiness Limitations 
Items (ALI). Failure to inspect these structural components, 
according to the new threshold, could prevent a timely detection of 
fatigue cracking. These cracks, if not properly addressed, could 
adversely affect the structural integrity of the airplane.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 90 days after the effective date of this AD, do the 
following actions, as applicable.
    (1) For EMBRAER Model EMB-135ER, -135KE, -135KL, and -135LR 
airplanes, and Model EMB-145, -145EP, -145ER, -145LR, -145MP, and -
145MR airplanes: Revise the Airworthiness Limitations (ALS) of the 
Instructions for Continued Airworthiness (ICA) to incorporate Tasks 
54-50-00-230-802-A00 and 54-50-00-220-808-A01 specified in Appendix 
2, Airworthiness Limitation Requirements, of EMBRAER EMB135/EMB145 
Maintenance Review Board Report MRB-145/1150, Revision 12, dated 
September 19, 2008 (the ``MRBR''). The initial compliance times for 
the tasks start from the applicable threshold specified in Appendix 
2 of the MRBR, or within 500 flight cycles after the effective date 
of this AD, whichever occurs later.
    (2) For EMBRAER Model EMB-145EP, -145ER, -145LR, -145MR, and -
145MP airplanes: Revise the ALS of the ICA to incorporate Tasks 57-
26-00-250-815-A00, 57-26-00-250-815-A01, 57-26-00-250-813-A00, and 
57-26-00-250-813-A02, specified in Appendix 2, Airworthiness 
Limitation Requirements, of EMBRAER EMB135/EMB145 Maintenance Review 
Board Report MRB-145/1150, Revision 12, dated September 19, 2008 
(``the MRBR''). The initial compliance times for the tasks start 
from the later of the times specified in paragraph (g)(2)(i) or 
(g)(2)(ii) of this AD.
    (i) At the later of the applicable thresholds specified in 
Appendix 2 of the MRBR or within 500 flight cycles after the 
effective date of this AD, whichever occurs later.
    (ii) At the applicable time specified in Section A2.3.2.3.1, 
``Fatigue Threshold Reduced,'' of Appendix 2, Airworthiness 
Limitation Requirements, of the MRBR.
    (3) For all airplanes: Revise the ALS of the ICA to incorporate 
Tasks 57-10-00-250-801-A00 and 57-10-00-250-801-A01 specified in 
EMBRAER Temporary Revision 12-1, dated November 27, 2008, to the 
EMBRAER EMB135/EMB145 Maintenance Review Board Report MRB-145/1150, 
Revision 12, dated September 19, 2008. The initial compliance times 
for the tasks start at the times specified in paragraphs (g)(3)(i) 
and (g)(3)(ii) of this AD, as applicable.
    (i) For Task 57-10-00-250-801-A00: Prior to the accumulation of 
23,600 total flight cycles, or within 500 flight cycles after the 
effective date of this AD, whichever occurs later.
    (ii) For Task 57-10-00-250-801-A01: Within 24,000 flight cycles 
after accomplishing EMBRAER Service Bulletin 145-57-0047, dated 
October 18, 2008, or within 500 flight cycles after the effective 
date of this AD, whichever occurs later.
    (h) After accomplishing the actions specified in paragraph (g) 
of this AD, no alternative inspections, inspection intervals, or 
airworthiness limitations may be used unless the inspections, 
inspection intervals, or airworthiness limitations are approved as 
alternative method of compliance in accordance with the procedures 
specified in paragraph (i) 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

    (i) 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: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1175; 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. 
The AMOC approval letter must specifically reference this AD.
    (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

    (j) Refer to MCAI Brazilian Airworthiness Directive 2009-05-02, 
effective June 1, 2009; EMBRAER Temporary Revision 12-1, dated 
November 27, 2008, to the EMBRAER EMB135/EMB145 Maintenance Review 
Board Report MRB-145/1150, Revision 12, dated September 19, 2008; 
and Tasks 54-50-00-230-802-A00 and 54-50-00-220-808-A01 specified in 
Appendix 2, Airworthiness Limitation Requirements, of EMBRAER 
EMB135/EMB145 Maintenance Review Board Report MRB-145/1150, Revision 
12, dated September 19, 2008; for related information.

    Issued in Renton, Washington, on February 17, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-3826 Filed 2-24-10; 8:45 am]
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