
[Federal Register: February 18, 2009 (Volume 74, Number 31)]
[Proposed Rules]
[Page 7570-7573]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18fe09-16]

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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:
distrib@embraer.com.br; 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
------------------------------------------------------------------------
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
