FR Doc E7-22635

[Federal Register: November 28, 2007 (Volume 72, Number 228)]
[Rules and Regulations]
[Page 67247-67249]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no07-8]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28987; Directorate Identifier 2007-NM-127-AD;
Amendment 39-15269; AD 2007-24-03]
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), Department of
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

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:

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.

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

DATES: This AD becomes effective January 2, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 2,
2008.

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: 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:

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 August 16, 2007 (72
FR 45963). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

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 02, dated
August 28, 2007. We referred to EMBRAER Service Bulletin 145-53-0067,
Revision 01, dated February 27, 2007, as the appropriate source of
service information for doing the actions specified in the NPRM. The
procedures in Revision 02 of the service bulletin are essentially the
same as those procedures in Revision 01. Revision 02 revises the
illustrations and makes editorial changes. We have revised paragraph
(f)(1) and Table 1 of this AD to also refer to Revision 02 of the
service bulletin.

Comments

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

Request To Extend Grace Period

American Eagle Airlines requests that we extend the grace period
specified in

[[Page 67248]]

the NPRM. The commenter states that the compliance time of ``prior to
the accumulation of 22,000 total flight cycles or within 6 months after
the effective date of this AD, whichever is later'' would impose an
excessive strain on the operator due to labor requirements and time out
of service. The commenter notes that a number of its aircraft are near
the 22,000 total flight cycle threshold and suggests that we change the
grace period to within 2,000 flight cycles after the effective date of
this AD.
We do not agree with the commenter's request to extend the grace
period. In developing an appropriate compliance time for this action,
we considered the urgency associated with the subject unsafe condition,
the availability of required parts, and the practical aspect of
accomplishing the required modification within a period of time that
corresponds to the normal scheduled maintenance for most affected
operators. However, according to the provisions of paragraph (g) of the
final rule, we may approve requests to adjust the compliance time if
the request includes data that prove that the new compliance time would
provide an acceptable level of safety. We have not changed this final
rule in this regard.

Conclusion

We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the change described previously. We determined that this change
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 624 products of U.S. registry.
We also estimate that it will take about 60 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Required parts will 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 parts. 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 this AD to the
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 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.
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:

2007-24-03 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15269. Docket No. FAA-2007-28987; Directorate
Identifier 2007-NM-127-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective January
2, 2008.

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.
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.

[[Page 67249]]

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; or Revision 02, dated August 28, 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
----------------------------------------------------------------------------------------------------------------
EMBRAER Service Bulletin Revision level Date
----------------------------------------------------------------------------------------------------------------
145-53-0051.............................. Original.................... July 15, 2004.
145-53-0051.............................. 01.......................... February 7, 2006.
145-53-0067.............................. 01.......................... February 27, 2007.
145-53-0067.............................. 02.......................... August 28, 2007.
----------------------------------------------------------------------------------------------------------------

Material Incorporated by Reference

(i) You must use the service information specified in Table 2 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.

Table 2.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
EMBRAER Service Bulletin Revision level Date
----------------------------------------------------------------------------------------------------------------
145-53-0051.............................. Original.................... July 15, 2004.
145-53-0051.............................. 01.......................... February 7, 2006.
145-53-0067.............................. 01.......................... February 27, 2007.
145-53-0067.............................. 02.......................... August 28, 2007.
----------------------------------------------------------------------------------------------------------------

EMBRAER Service Bulletin 145-53-0051, Revision 01, dated
February 7, 2006, has the following effective pages:

----------------------------------------------------------------------------------------------------------------
Page No. Revision level shown on page Date shown on page
----------------------------------------------------------------------------------------------------------------
1, 2..................................... 01.......................... February 7, 2006.
3-129.................................... Original.................... July 15, 2004.
----------------------------------------------------------------------------------------------------------------

(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), P.O. Box 343--CEP
12.225, Sao Jose dos Campos--SP, Brazil.
(3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington; or 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/cfr/ibr-
locations.html.

Issued in Renton, Washington, on November 13, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-22635 Filed 11-27-07; 8:45 am]

BILLING CODE 4910-13-P