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

[Federal Register Volume 72, Number 228 (Wednesday, November 28, 2007)]
[Rules and Regulations]
[Pages 67247-67249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22635]


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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; 
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:

    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 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.
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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

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