[Federal Register: July 8, 2008 (Volume 73, Number 131)]
[Proposed Rules]
[Page 38937-38940]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy08-25]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26598; Directorate Identifier 2006-CE-087-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S. A.
(EMBRAER) Models EMB-110P1 and EMB-110P2 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
the comment period.
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SUMMARY: We are revising an earlier supplemental NPRM 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 cases of corrosion at the regions of Wings-to-
Fuselage attachments, Vertical Stabilizer to Fuselage attachments,
Rib 1 Half-wing and Passenger Seat Tracks. Such corrosion may lead
to subsequent cracking of the affected parts, compromising the
aircraft structural integrity, which may in turn lead to structural
failure and/or loss of some control surface.
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 8,
2008.
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 W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the
[[Page 38938]]
Docket Management Facility 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 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: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090.
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-2006-
26598; Directorate Identifier 2006-CE-087-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 because of 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
We proposed to amend 14 CFR part 39 with an earlier supplemental
NPRM for the specified products, which was published in the Federal
Register on March 7, 2007 (72 FR 10093). That earlier supplemental NPRM
proposed to require actions intended to address the unsafe condition
for the products listed above.
Since that supplemental NPRM was issued, Empresa Brasileira de
Aeronautica S. A. (EMBRAER) issued Service Bulletin S.B. No.: 110-00-
0007, REVISION No.: 01, dated January 12, 2007. This revision added a
concurrent requirement to do EMBRAER Service Bulletin S.B. No.: 110-57-
0026, REVISION No.: 03, dated April 02, 2007.
The Agencia Nacional de Aviacao Civil (ANAC), which is the aviation
authority for Brazil, has issued AD No.: 2006-10-01R1, dated August 30,
2007 (referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:
It has been found cases of corrosion at the regions of Wings-to-
Fuselage attachments, Vertical Stabilizer to Fuselage attachments,
Rib 1 Half-wing and Passenger Seat Tracks. Such corrosion may lead
to subsequent cracking of the affected parts, compromising the
aircraft structural integrity, which may in turn lead to structural
failure and/or loss of some control surface.
Since this condition may occur in other aircraft of the same
type design and affects flight safety, a corrective action is
required. Thus, sufficient reason exists to request compliance with
this AD in the indicated time limit.
Inspection for corrosion at regions of Wings-to Fuselage
attachments, Vertical Stabilizer to Fuselage attachments, Rib 1
Half-wing and Passenger Seat Tracks; and if applicable, removal of
the detected corrosion.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
EMBRAER has issued Service Bulletin S.B. No.: 110-00-0007, REVISION
No.: 01, dated January 12, 2007; and Service Bulletin S.B. No.: 110-57-
0026, REVISION No.: 03, dated April 02, 2007. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.
Comments
We have considered the following comments received on the earlier
NPRM.
Comment Issue No. 1: Extend the Implementation Period
Business Air, Inc. and Royal Air Freight comment that the proposed
AD, as written, would unnecessarily interrupt their service and
bankrupt the companies due to their reliance on this airplane type.
They request the implementation period of the proposed AD be extended
to prevent grounding of the aircraft. Business Air, Inc. requests the
time extension to develop an alternative method of compliance (AMOC).
The compliance times specified in the proposed AD could be adjusted
to accommodate a reasonable time period for maintenance planning.
According to 14 CFR 39.19, the FAA approves AMOCs or changes in
compliance times, if we determine the proposal provides an acceptable
level of safety. In this case, the FAA understands that some of the
affected airplanes are being maintained under operators' approved
aircraft inspection and maintenance programs. It is possible that many
of the proposed AD actions can be integrated into these existing
inspection and maintenance programs. Since the programs vary from
operator to operator, we cannot write a compliance time to adhere to
every maintenance schedule. We will consider changes in the compliance
time or alternative actions presented to the FAA using the procedures
in 14 CFR 39.19 and this AD.
We are not changing the proposed AD as a result of this comment.
Comment Issue No. 2: The Manufacturer Is Attempting To Ground the
Aircraft
AirNow (also identified as Business Air, Inc.) states the proposed
AD is an attempt by the manufacturer to ground the aircraft and relieve
itself of support responsibilities. They state that these aircraft are
operated in different climatic conditions and are subjected to widely
varying degrees of corrosion conditions. In addition, the aircraft are
operated with differing levels of oversight and surveillance by the
FAA. AirNow suggests the proposed AD does not take into account these
differences in operational environment. We infer that the commenter
wants a differentiation of compliance times based on operational
environment or wants the NPRM withdrawn.
The FAA does not agree that the NPRM should be withdrawn. We agree
that airplanes are operated under varied levels of oversight and
climatic conditions internationally; however, the instructions issued
from the airworthiness authority of the state of design apply to all
airplanes of this type design, regardless of use.
Under the aviation relationship between Brazil and the United
States, Brazil monitors the continued airworthiness of aircraft it is
the State of Design for and issues mandatory continuing airworthiness
information (MCAI) when they determine it is necessary. FAA Order
8040.5, Airworthiness Directive Process for Mandatory Continuing
Airworthiness Information (MCAI), directs the FAA in responding to
foreign issued MCAI. Under this order, the FAA accepts and analyzes the
MCAI as developed by the State of Design, in this case Brazil, which is
responsible for the continued airworthiness of the EMB-110 design.
After reviewing the MCAI and FAA service difficulty reports that
revealed some corrosion related reports, we determined that an unsafe
condition exists and the condition is likely to exist or develop in
other products of the same type design registered in the United States.
We are not changing the proposed AD as a result of this comment.
[[Page 38939]]
Comment Issue No. 3: The Costs Are Underestimated
Royal Air Freight and AirNow comment that the proposed AD
underestimates the actual cost and does not recognize the damage that
will be done to surrounding structure or components when the proposed
maintenance is done.
We accept the MCAI as developed by the State of Design, in this
case Brazil, which is responsible for the continued airworthiness of
the EMB-110 design. Therefore, we rely on ANAC to advise us on the time
and materials necessary to accomplish the actions in the service
information. The FAA cannot determine the impact of the proposed AD
actions to surrounding structure beyond what was provided to us by
ANAC. We based the cost estimates on the information supplied by ANAC,
and we realize some operators may incur higher or lower costs.
On January 12, 2007, Embraer revised the service information. The
revision is discussed below in Comment Issue No. 4. We have reviewed
the revised information and have revised the costs accordingly.
Comment Issue No. 4: Revised Service Information
Embraer notes the service bulletin identified in the proposed AD
has been revised. The revised service information is Service Bulletin
S.B. No.: 110-00-0007, REVISION No.: 01, dated January 12, 2007. This
service bulletin adds more requirements to address the unsafe
condition, including compliance with Service Bulletin, S.B. No.: 110-
57-0026, REVISION No.: 03, dated April 02, 2007. Embraer also comments
that the revised service information incorporates an AMOC that ANAC
issued to allow the use of repetitive inspections from Part III of the
revised service bulletin in lieu of Part IV compliance. The commenter
proposes new language for the NPRM that includes the new information
mentioned in their comment.
We have reviewed the revised service information and agree that we
should include it in the proposed AD. We have revised the proposed AD
to include EMBRAER Service Bulletin S.B. No.: 110-00-0007, REVISION
No.: 01, dated January 12, 2007; and EMBRAER Service Bulletin S.B. No.:
110-57-0026, REVISION No.: 03, dated April 2, 2007.
FAA's Determination and Requirements of the 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 this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
We also determined from our review that some of the actions
required in the service information may go beyond addressing the unsafe
condition listed in the MCAI. We are changing this proposed AD to
require, at this time, only the actions we determined necessary to
address the unsafe condition. We will continue to evaluate the other
MCAI actions and monitor the corrosion issue. We may take future AD
action if we determine an additional unsafe condition exists or is
likely to develop.
Certain changes described above change the scope of the earlier
NPRM. As a result, we have determined that it is necessary to reopen
the comment period to provide additional opportunity for the public to
comment on the proposed AD.
Differences Between This Proposed 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
will affect 38 products of U.S. registry. We also estimate that it
would take about 95 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 $288,800, or $7,600 per product.
We have no way of determining the number of products that may need
any necessary follow-on actions or the cost associated with those
actions.
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.
[[Page 38940]]
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-
2006-26598; Directorate Identifier 2006-CE-087-AD.
Comments Due Date
(a) We must receive comments by September 8, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Models EMB-110P1 and EMB-P2 airplanes,
all serial numbers, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been found cases of corrosion at the regions of Wings-to-
Fuselage attachments, Vertical Stabilizer to Fuselage attachments,
Rib 1 Half-wing and Passenger Seat Tracks. Such corrosion may lead
to subsequent cracking of the affected parts, compromising the
aircraft structural integrity, which may in turn lead to structural
failure and/or loss of some control surface.
Since this condition may occur in other aircraft of the same
type design and affects flight safety, a corrective action is
required. Thus, sufficient reason exists to request compliance with
this AD in the indicated time limit.
Inspection for corrosion at regions of Wings-to Fuselage
attachments, Vertical Stabilizer to Fuselage attachments, Rib 1
Half-wing and Passenger Seat Tracks; and if applicable, removal of
the detected corrosion.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) Within the next 30 days after the effective date of this AD
or within the next 100 hours time-in-service after the effective
date of this AD, whichever occurs first, carry out a general visual
inspection for corrosion at the regions of the wings-to-fuselage
attachments, vertical stabilizer to fuselage attachments, rib 1
half-wing, and passenger seat tracks, following Parts I, II, and III
of the Embraer--Empresa Brasileira de Aeron[aacute]utica S.A.
(EMBRAER) Service Bulletin S.B. No.: 110-00-0007, REVISION No.: 01,
dated January 12, 2007.
(i) Before further flight, all structures found corroded or
cracked as a result of the inspections done above must be addressed
following the detailed instructions and procedures described in
EMBRAER Service Bulletin S.B. No.: 110-00-0007, REVISION No.: 01,
dated January 12, 2007.
(ii) Previous accomplishment of EMBRAER Alert Service Bulletin
S.B. No.: 110-00-A007, dated March 6, 2006, or the implementation of
the tasks required by section VI of the Maintenance Planning Guides
TP 110P2/145, PM 110/652, or PM 110/165, released by EMBRAER, are
considered acceptable methods of compliance with the requirements of
(f)(1) and (f)(1)(i) of this AD.
(2) Within the next 36 months after the effective date of this
AD, do a visual, and as applicable, dye-penetrant inspection in rib
1 external and internal regions, in the auxiliary fittings of the
main box half-wings, and in the spar webs of half-wings. Do the
inspections following the paragraph 3. ACCOMPLISHMENT INSTRUCTIONS
of EMBRAER Service Bulletin S.B. No.: 110-57-0026, REVISION No.: 03,
dated April 2, 2007. Before further flight, all structures found
corroded or cracked as a result of the inspections done above must
be corrected following the detailed instructions and procedures
described in EMBRAER Service Bulletin S.B. No.: 110-57-0026,
REVISION No.: 03, dated April 2, 2007.
Note 1: The FAA is aware that most of the affected airplanes are
maintained under operators' approved aircraft inspection and
maintenance programs. The AD actions may be integrated into these
existing inspection and maintenance programs. We will consider
changes in the compliance time or alternative actions following the
provisions of paragraph (g)(1) of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: We determined the requirement to do Part IV and Part V
of EMBRAER Service Bulletin S.B. No.: 110-00-0007, REVISION No.: 01,
dated January 12, 2007, may go beyond addressing the unsafe
condition listed in the MCAI. We have removed those actions from
this AD. We will continue to evaluate the additional MCAI actions
and monitor the corrosion issue. We may take future AD action if we
determine an additional unsafe condition exists or is likely to
develop.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090.
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 (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
(h) Refer to MCAI Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) AD No.: 2006-10-01R1, dated
August 30, 2007; EMBRAER Service Bulletin S.B. No.: 110-00-0007,
REVISION No.: 01, dated January 12, 2007; EMBRAER Alert Service
Bulletin S.B. No.: 110-00-A007, dated March 6, 2006; EMBRAER Service
Bulletin S.B. No.: 110-57-0026, REVISION No.: 03, dated April 2,
2007; and Maintenance Planning Guides TP 110P2/145, PM 110/652, and
PM 110/165, released by EMBRAER; for related information.
Issued in Kansas City, Missouri, on June 30, 2008.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E8-15510 Filed 7-7-08; 8:45 am]
BILLING CODE 4910-13-P