Airworthiness Directives; Empresa Brasileira de Aeronautica S. A. (EMBRAER) Models EMB-110P1 and EMB-110P2 Airplanes, 38937-38940 [E8-15510]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Proposed Rules
Comments Due Date
(a) We must receive comments by August
7, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to TBM 700 airplanes,
serial numbers 364, 367, and 370 through
439, certificated in any category.
Subject
(d) Air Transport Association of America
(ATA) Code 53: Fuselage.
ebenthall on PRODPC60 with PROPOSALS
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
It has been discovered that a risk of
mechanical interference exists in the
movement of the emergency landing gear bypass selector, due to an insufficient
functional gap between a floor panel
attachment lug and the landing gear control
button.
This condition, if not corrected, causes
mechanical interference which could result
in a situation where, during emergency
procedures, the landing gear cannot be
extended.
For the reasons described above, this EASA
Emergency Airworthiness Directive (AD)
requires a check of the gap between the
landing gear control button and the floor
panel and, if the gap is found to be
insufficient, modification of the floor panel.
Actions and Compliance
(f) For airplanes that have had the floor
panel removed for maintenance or if it
cannot be positively determined that the
floor panel has not been removed at any time,
do the following actions, unless already
done:
(1) Before further flight after the effective
date of this AD, inspect the gap between the
landing gear control button and the floor
panel. Do the inspection following paragraph
A of the Accomplishment Instructions in
EADS SOCATA Mandatory TBM Aircraft
Service Bulletin SB 70–154, dated April
2008.
(2) If the gap is below the limits specified
in paragraph A of EADS SOCATA Mandatory
TBM Aircraft Service Bulletin SB 70–154,
dated April 2008, before further flight after
the inspection required in paragraph (f)(1) of
this AD, modify the floor panel following
paragraph C of the Accomplishment
Instructions in EADS SOCATA Mandatory
TBM Aircraft Service Bulletin SB 70–154,
dated April 2008.
(g) For airplanes in which it can be
positively determined that the floor panel has
not been removed at any time, within the
next 30 days after the effective date of this
AD, modify the floor panel following
paragraph C of the Accomplishment
Instructions in EADS SOCATA Mandatory
TBM Aircraft Service Bulletin SB 70–154,
dated April 2008.
Other FAA AD Provisions
DEPARTMENT OF TRANSPORTATION
(h) 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: Albert Mercado, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4119; 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.
Special Flight Permit
(i) A single ferry flight of the airplane with
landing gear extended is allowed in order to
reach the nearest maintenance facility where
the inspection and modification is to be
done.
Related Information
(j) Refer to MCAI European Aviation Safety
Agency (EASA) Emergency AD No. 2008–
0081–E, dated April 25, 2008; and EADS
SOCATA Mandatory TBM Aircraft Service
Bulletin SB 70–154, dated April 2008 for
related information.
Issued in Kansas City, Missouri, on July 1,
2008.
John Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–15461 Filed 7–7–08; 8:45 am]
BILLING CODE 4910–13–P
38937
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
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of the comment period.
AGENCY:
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
https://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.
FAA AD Differences
Examining the AD Docket
Note: This AD differs from the MCAI and/
or service information as follows: No
differences.
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
VerDate Aug<31>2005
14:18 Jul 07, 2008
Jkt 214001
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
E:\FR\FM\08JYP1.SGM
08JYP1
38938
Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Proposed Rules
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:
ebenthall on PRODPC60 with PROPOSALS
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 https://
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.
ˆ
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:
VerDate Aug<31>2005
14:18 Jul 07, 2008
Jkt 214001
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
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
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.
E:\FR\FM\08JYP1.SGM
08JYP1
Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Proposed Rules
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
ebenthall on PRODPC60 with PROPOSALS
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
VerDate Aug<31>2005
14:18 Jul 07, 2008
Jkt 214001
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.
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
38939
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.
E:\FR\FM\08JYP1.SGM
08JYP1
38940
§ 39.13
Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Proposed Rules
[Amended]
2. The FAA amends § 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.
ebenthall on PRODPC60 with PROPOSALS
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 Aeronautica
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
VerDate Aug<31>2005
14:18 Jul 07, 2008
Jkt 214001
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
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 FAAapproved 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
Frm 00008
Fmt 4702
Related Information
ˆ
(h) Refer to MCAI Agencia Nacional de
Aviacao 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
DEPARTMENT OF THE TREASURY
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.
PO 00000
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.
Sfmt 4702
Internal Revenue Service
26 CFR Part 1
[REG–164965–04]
RIN 1545–BE77
Elections Regarding Start-Up
Expenditures, Corporation
Organizational Expenditures, and
Partnership Organizational Expenses
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking
by cross-reference to temporary
regulations.
AGENCY:
SUMMARY: In the Rules and Regulations
section of this issue of the Federal
Register, the IRS is issuing temporary
regulations relating to the elections to
deduct start-up expenditures under
section 195 of the Internal Revenue
Code (Code), organizational
expenditures of corporations under
section 248, and organizational
expenses of partnerships under section
709. The American Jobs Creation Act of
2004 amended these three sections of
the Code to provide similar rules for
deducting these types of expenses that
are paid or incurred after October 22,
2004. The regulations affect taxpayers
that pay or incur these expenses and
provide guidance on how to elect to
deduct the expenses in accordance with
the new rules. The text of those
E:\FR\FM\08JYP1.SGM
08JYP1
]]>Agencies
[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Proposed Rules]
[Pages 38937-38940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15510]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://
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 https://
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 https://
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
