[Federal Register: August 16, 2007 (Volume 72, Number 158)]
[Proposed Rules]
[Page 45963-45965]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au07-22]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28987; Directorate Identifier 2007-NM-127-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135ER, -135KE, -135KL, and -135LR Airplanes and
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 development of cracks in the forward
fuselage right hand (RH) side skin during full-scale fatigue tests.
Those cracks may quickly reach their critical length, reducing the
aircraft structural integrity, with possible rapid decompression of
the aircraft.
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 September 17,
2007.
ADDRESSES: You may send comments by any of the following methods:
DOT Docket Web Site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
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: Room W12-140 on the ground floor of the
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on the Internet at http://dms.dot.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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; 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 45964]]
ADDRESSES section. Include ``Docket No. FAA-2007-28987; Directorate
Identifier 2007-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 will post all comments we receive, without change, to http://dms.dot.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 Aviacao Civil (ANAC), which is the
aviation authority for Brazil, has issued Brazilian Airworthiness
Directive 2007-05-01R1, effective July 4, 2007 (referred to after this
as ``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
It has been found the development of cracks in the forward
fuselage right hand (RH) side skin during full-scale fatigue tests.
Those cracks may quickly reach their critical length, reducing the
aircraft structural integrity, with possible rapid decompression of
the aircraft.
The corrective action includes rework of the aircraft structure on
the forward fuselage LH (left-hand) and RH sides. You may obtain
further information by examining the MCAI in the AD docket.
Relevant Service Information
EMBRAER has issued Service Bulletin 145-53-0067, Revision 01, dated
February 27, 2007. 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 624 products of U.S. registry. We also estimate that
it would take about 60 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $1,210 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
costs. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $3,750,240, or $6,010 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, 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-
2007-28987; Directorate Identifier 2007-NM-127-AD.
Comments Due Date
(a) We must receive comments by September 17, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model EMB-135ER, -135KE, -
135KL, and -135LR airplanes; and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes; certificated in any
category.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been found the development of cracks in the forward
fuselage right hand (RH) side skin during full-scale fatigue tests.
[[Page 45965]]
Those cracks may quickly reach their critical length, reducing the
aircraft structural integrity, with possible rapid decompression of
the aircraft.
The corrective action includes rework of the aircraft structure
on the forward fuselage LH (left-hand) and RH sides.
Actions and Compliance
(f) Prior to the accumulation of 22,000 total flight cycles, or
within 6 months after the effective date of this AD, whichever is
later, unless already done, do the following actions:
(1) Add two reinforcements to the forward fuselage skin on the
LH and RH sides between frames 9 to 10 and 10 to 11, and stringers
12 to 15. Install supports to the reinforcements and stringers as
well as new fasteners to the reinforcements and supports, and
reroute the electrical wiring on the affected area. Do all actions
in accordance with EMBRAER Service Bulletin 145-53-0067, Revision
01, dated February 27, 2007.
(2) Accomplishing the detailed instructions and procedures
described in the EMBRAER Service Bulletin 145-53-0051, dated July
15, 2004; or EMBRAER Service Bulletin 145-53-0051, Revision 01,
dated February 7, 2006; is considered acceptable for compliance with
the actions specified in this AD.
FAA AD Differences
Note: 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, 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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-2125; 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 2007-05-
01R1, effective July 4, 2007, and the service bulletins listed in
Table 1 of this AD, for related information.
Table 1.--Service Bulletins
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EMBRAER Service Bulletin Revision level Date
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145-53-0051........................... Original........................... July 15, 2004.
145-53-0051........................... 01................................. February 7, 2006.
145-53-0067........................... 01................................. February 27, 2007.
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Issued in Renton, Washington, on July 30, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-16116 Filed 8-15-07; 8:45 am]
BILLING CODE 4910-13-P