[Federal Register: February 20, 2009 (Volume 74, Number 33)]
[Rules and Regulations]
[Page 7801-7804]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20fe09-12]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0271; Directorate Identifier 2007-NM-267-AD;
Amendment 39-15784; AD 2009-01-05]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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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:
Embraer has issued the Service Bulletin (SB) No. 145-00-0032 to
provide instructions to modify the EMB-145 ( ) aircraft and allow
operation with an increased Maximum Takeoff Weight (MTOW).
Reassessment of the Damage Tolerance Analysis during development of
the SB resulted in changes to the Airworthiness Limitation Items
(ALI) for those modified aircraft to include new tasks and to revise
some existing ones and its respective intervals.
Failure to inspect some structural components, according to the
new tasks and intervals for those modified aircraft, could prevent a
timely detection of fatigue cracking. Undetected fatigue cracking in
these components could adversely affect the structural integrity of
these airplanes.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective March 27, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 27,
2009.
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: 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:
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 March 13, 2008 (73
FR 13501). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
[[Page 7802]]
Embraer has issued the Service Bulletin (SB) No. 145-00-0032 to
provide instructions to modify the EMB-145 () aircraft and allow
operation with an increased Maximum Takeoff Weight (MTOW).
Reassessment of the Damage Tolerance Analysis during development of
the SB resulted in changes to the Airworthiness Limitation Items
(ALI) for those modified aircraft to include new tasks and to revise
some existing ones and its respective intervals.
Failure to inspect some structural components, according to the
new tasks and intervals for those modified aircraft, could prevent a
timely detection of fatigue cracking. Undetected fatigue cracking in
these components could adversely affect the structural integrity of
these airplanes.
* * * * *
The corrective action is revising the Airworthiness Limitations
Section, Structural Inspection Requirements Section, and Corrosion
Prevention and Control Program 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.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request for Changes to Airworthiness Limitation Items
ExpressJet Airlines identifies the following three issues regarding
the Airworthiness Limitation Items (ALIs) specified in the NPRM:
(1) The tasks for the eddy current inspection of the aft upper
landing gear trunnions show effectivity by trunnion part number, which
leaves much to interpretation, especially since the illustrated parts
catalog (IPC) gives the part numbers for the un-drilled trunnions.
Embraer should supply the aircraft serial number for the effectivity
since they should have this information available.
We acknowledge and agree with this request. Embraer is in the
process of providing information on airplane effectivity for the
specific trunnion part numbers. Embraer's goal is to ensure that this
information is available to operators in Revision 12 of the Scheduled
Maintenance Requirements Document (SMRD). If Revision 12 is not issued
as of the effective date of this AD, operators may request an
alternative method of compliance (AMOC) with the AD under the
provisions of paragraph (g)(1) of this AD. We have made no change to
the AD in this regard.
(2) There is too much left to interpretation for the ALIs. Several
tasks have been renumbered in order to accommodate new intervals and
effectivity with regard to the modification status or model type (e.g.,
135ER, 145LR, 145XR). These new task numbers should have a note stating
that they are equivalent to the original task number and that
performing the inspection under the original task number meets the
requirement. If this is not written into the NPRM then a task with a
new number will have to be performed as if it were a new task, with no
credit given for previous accomplishment.
We disagree with this request. Embraer states that the task
equivalence between the former task and the new task can be verified in
the Highlight section of the applicable Maintenance Review Board (MRB)
Report revision (in this case Embraer temporary revision (TR) 10-5
dated May 23, 2007). We have made no change to the AD in this regard.
(3) Paragraph (f)(1) of the NPRM specifies revising the
Instructions for Continued Airworthiness (ICAs) to include Section 4--
Structural Inspection Requirements and Section 5--Corrosion Prevention
and Control Program. This is in addition to including the ALI Section.
The commenter believes that the intent is to ensure that operators
include the ALIs in their maintenance program. The MRB report tasks
from Sections 4 and 5 should not be mandated by this AD.
We disagree with this request. The AD does not mandate all of the
tasks in Sections 4 and 5 of the complete MRB document. Operators are
required to include only tasks specified in Sections 4 and 5 of Embraer
EMB145 MRB Report MRB-145/1150, as identified in Embraer TR 10-5 in
order to address the identified unsafe condition. We have made no
change to the AD in this regard.
Request To Change the Applicability
Embraer recommends changing the applicability in the NPRM to
specify airplanes on which Embraer Service Bulletin 145-00-0032, dated
September 29, 2006; Revision 01, dated October 23, 2006; Revision 02,
dated November 24, 2006; or Revision 03, dated March 5, 2007; has been
incorporated. Operators that have incorporated Revision 04, dated
December 10, 2007, or subsequent revisions of Embraer Service Bulletin
145-00-0032 should not be affected by this AD since information
regarding updated Airworthiness Limitations Requirements is included in
Revision 04 of the Service Bulletin.
We disagree with this recommendation. The applicability specified
in paragraph (c) of this AD does not specify a date or revision level
for the referenced service bulletin; therefore, the original issue and
Revisions 01, 02, 03, and 04 are already included in the applicability.
All applicable airplanes are required to revise the ALS. We have made
no change to the AD in this regard.
Request To Change Note 2
Embraer recommends changing the language specified in Note 2 of the
NPRM to exclude the phrase ``identical to that in TR 10-5,'' as this
would mandate Embraer TR 10-5 for airplanes that have applied Embraer
Service Bulletin 145-00-0032, even after the MRB report has been
revised. Embraer adds that operators would be required to request AMOCs
for every new revision, or even worse, would be prevented from
implementing more restrictive time intervals that might be updated in
future revisions. Embraer recommends accepting Revision 11 of the MRB
report, which is already published, or subsequent MRB report revisions,
as an alternative method of compliance. Revision 11 of the MRB report
already includes information from Embraer TR 10-5. Embraer also
recommends including information regarding maintenance plan intervals
bridging, available in paragraph A2.3.2.1 of Appendix 2 of the MRB
report, as an acceptable method to bridge these new intervals into
operators' maintenance plans.
We agree that Note 2 of this AD should be changed for clarity;
therefore, we have changed the language in Note 2 to exclude the phrase
``identical to that in TR 10-5.''
We do not agree to include information regarding maintenance plan
intervals bridging in the AD. That paragraph is already included in
Embraer TR 10-5; therefore, it is acceptable to include those
provisions in the operators' maintenance plans. We have made no change
to the AD in this regard.
Change to Final Rule
The MCAI does not provide an initial compliance time or grace
period for doing the tasks. We have determined that the intent of the
MCAI is for the initial compliance time to start from the initial
delivery date of the airplane at the applicable time specified in the
tasks or within 200 flight cycles after revising the ALS, whichever
occurs later, in order to address the identified unsafe condition in a
timely manner. We have changed paragraph (f)(1) of this AD to include
those compliance times.
[[Page 7803]]
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes 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 572 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $45,760, 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 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:
2009-01-05 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15784. Docket No. FAA-2008-0271; Directorate Identifier
2007-NM-267-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective March
27, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes, certificated in any
category, which have incorporated Embraer Service Bulletin 145-00-
0032.
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)(1) 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.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Embraer has issued the Service Bulletin (SB) No. 145-00-0032 to
provide instructions to modify the EMB-145 ( ) aircraft and allow
operation with an increased Maximum Takeoff Weight (MTOW).
Reassessment of the Damage Tolerance Analysis during development of
the SB resulted in changes to the Airworthiness Limitation Items
(ALI) for those modified aircraft to include new tasks and to revise
some existing ones and its respective intervals.
Failure to inspect some structural components, according to the
new tasks and intervals for those modified aircraft, could prevent a
timely detection of fatigue cracking. Undetected fatigue cracking in
these components could adversely affect the structural integrity of
these airplanes.
* * * * *
The corrective action is revising the Airworthiness Limitations
Section, Structural Inspection Requirements Section, and Corrosion
Prevention and Control Program 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 60 days after the effective date of this AD: Revise
the Airworthiness Limitations Section (ALS), Structural Inspection
Requirements Section, and Corrosion Prevention and Control Program
Section of the Instructions for Continued Airworthiness to
incorporate the tasks specified in Appendix 2, ``Airworthiness
Limitation Requirements,'' Section 4 ``Structural Inspection
Requirements,'' and Section 5 ``Corrosion Prevention and Control
Program,'' identified in Embraer Temporary Revision (TR) 10-5, dated
May 23, 2007, of the Embraer EMB 145 Maintenance Review
[[Page 7804]]
Board (MRB) Report MRB-145/1150. The initial compliance times for
the tasks start from the initial delivery date of the applicable
airplane at the applicable time specified in the tasks or within 200
flight cycles after revising the ALS, whichever occurs later. Repeat
the applicable inspection thereafter at the interval specified in
Embraer TR 10-5 of the Embraer EMB 145 MRB Report MRB-145/1150;
except as provided by paragraphs (f)(2) and (g)(1) of this AD.
Note 2: The actions required by paragraph (f)(1) of this AD may
be done by inserting a copy of Embraer TR 10-5, dated May 23, 2007,
into the sections. When this TR has been included in general
revisions of the Embraer EMB 145 MRB Report MRB-145/1150, the
general revisions may be inserted in the MRB report.
(2) After accomplishing the actions specified in paragraph
(f)(1) of this AD, no alternative inspections or inspection
intervals may be used, except as provided by paragraph (g)(1) of
this AD.
FAA AD Differences
Note 3: 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, 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:
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 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 2007-07-01,
effective August 21, 2007; and Embraer TR 10-5, dated May 23, 2007,
to the Embraer EMB145 MRB Report MRB-145/1150; for related
information.
Material Incorporated by Reference
(i) You must use Embraer Temporary Revision 10-5, dated May 23,
2007, to the Embraer EMB145 Maintenance Review Board Report MRB-145/
1150, to do the actions required by this AD, unless the AD specifies
otherwise. (Some pages of the document do not have the full document
title.)
(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), 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.
(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/code_of_federal_
regulations/ibr_locations.html.
Issued in Renton, Washington, on November 4, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E9-3274 Filed 2-19-09; 8:45 am]
BILLING CODE 4910-13-P