Airworthiness Directives; Empresa Brasileira de Aeronautica S. A. (EMBRAER) Models EMB-110P1 and EMB-110P2 Airplanes, 67718-67720 [E8-26713]
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67718
Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Rules and Regulations
FAA AD Differences
Note 2: This AD differs from the MCAI
and/or service information as follows:
Although the MCAI or service information
allows further flight after cracks are found
during compliance with the required action,
paragraph (f)(4) of this AD requires that you
replace a cracked aft engine mounting
assembly before further flight.
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: Shahram
Daneshmandi, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue, SW., Renton, Washington 98057–
3356; telephone (425) 227–1112; 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 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
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.
hsrobinson on PROD1PC76 with RULES
Related Information
(h) Refer to MCAI European Aviation
Safety Agency Airworthiness Directive 2008–
0068, dated April 11, 2008; and Saab Service
Bulletin 2000–71–025, dated June 13, 2007;
for related information.
Material Incorporated by Reference
(i) You must use Saab Service Bulletin
2000–71–025, dated June 13, 2007, to do the
actions required by this AD, unless the AD
specifies otherwise.
(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 Saab Aircraft AB, SAAB
Aircraft Product Support, S–581.88,
¨
Linkoping, Sweden; telephone 011 46 13 18
5591; fax 011 46 13 18 4874; e-mail https://
www.saab2000.techsupport@saabgroup.com;
Internet https://www.saabgroup.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
VerDate Aug<31>2005
17:35 Nov 14, 2008
Jkt 217001
the availability of this material at NARA, call
(202) 741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on October
24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–26364 Filed 11–14–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–26598, Directorate
Identifier 2006–CE–087–AD; Amendment
39–15733; AD 2008–23–12]
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: Final rule.
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
issued 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.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
December 22, 2008.
On December 22, 2008, the Director of
the Federal Register approved the
incorporation by reference of certain
publications listed in this AD.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at
Document Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
PO 00000
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Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
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:
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 July 8, 2008 (73 FR 38937).
That NPRM proposed 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.
Comments
We gave the public the opportunity to
participate in developing this AD. We
have considered the comment received.
Embraer requests the FAA follow the
required actions of the MCAI and work
together with the operators to issue
AMOCs to relieve them when the
required actions are positively
identified as unnecessary. Embraer does
not agree with the technical
modifications proposed in the
supplemental NPRM. Embraer’s
position is that the service instructions
developed by Embraer present the
necessary actions to adequately address
the reported unsafe condition.
Embraer also states that instructions
presented in 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, were developed based on
findings of severe corrosion in the
worldwide EMB–110 fleet. Embraer
does recognize that since corrosion
growth depends on several variables,
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Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Rules and Regulations
such as operational profile, climatic
conditions, and the implementation of
recommended preventive maintenance
actions, these reports of severe corrosion
may not represent the average situation
of the fleet. However, Embraer can not
assume the reports of severe corrosion
are isolated findings.
The FAA does not agree. We
previously reviewed comments from
U.S. operators and have again reviewed
service difficulty reports (SDRs) from
the U.S. registered fleet. While there are
some reports of corrosion relevant to the
areas and topics of the MCAI, the
magnitude and scope of the service
difficulties in the U.S. fleet does not
warrant the imposition of the entire
requirements as described in the MCAI.
We will continue to evaluate the other
MCAI actions and monitor the corrosion
issue. We may take future AD action.
We are not changing the AD as a
result of this comment.
Authority for This Rulemaking
Conclusion
Regulatory Findings
We reviewed the available data,
including the comment received, and
determined that air safety and the
public interest require adopting the AD
as proposed.
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
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.
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 FAA policies.
Any such differences are highlighted in
a NOTE within the AD.
hsrobinson on PROD1PC76 with RULES
Costs of Compliance
Examining the AD Docket
Based on the service information, we
estimate that this AD will affect 38
products of U.S. registry. We also
estimate that it will take about 95 workhours per product to comply with 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 $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.
VerDate Aug<31>2005
17:35 Nov 14, 2008
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.
Jkt 217001
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility 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 Office
(telephone (800) 647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
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67719
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2008–23–12 Empresa Brasileira de
Aeronautica S. A. (EMBRAER):
Amendment 39–15733; Docket No.
FAA–2006–26598; Directorate Identifier
2006–CE–087–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective December 22, 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 December
22, 2008 (the effective date of this AD) or
within the next 100 hours time-in-service
after December 22, 2008 (the effective date of
E:\FR\FM\17NOR1.SGM
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67720
Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Rules and Regulations
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
Guides TP 110P2/145, PM 110/652, or PM
110/165, released by EMBRAER, are
considered alternative methods of
compliance (AMOC) with the requirements
of (f)(1) and (f)(1)(i) of this AD.
(2) Within the next 36 months after
December 22, 2008 (the effective date of this
AD), do a visual and, as applicable, a dyepenetrant 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 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
hsrobinson on PROD1PC76 with RULES
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
VerDate Aug<31>2005
17:35 Nov 14, 2008
Jkt 217001
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
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
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;
and EMBRAER Service Bulletin S.B. No.:
110–57–0026, REVISION No.: 03, dated April
2, 2007; for related information.
Material Incorporated by Reference
(i) You must use 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, to do the actions required by this AD,
unless the AD specifies otherwise.
(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., Av. Brig. Faria Lima 2170,
´
˜
12227–901, Sao Jose dos Campos—SP, Brazil;
phone: (+55 12) 3927 1000; e-mail:
certif.@embraer.com.br; Internet: https://
www.embraer.com/english/content/home.
(3) You may review copies at the FAA,
Central Region, Office of the Regional
Counsel, 901 Locust, Room 506, Kansas City,
Missouri 64106; 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: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
Issued in Kansas City, Missouri, on
November 4, 2008.
Patrick R. Mullen,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–26713 Filed 11–14–08; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0991 Directorate
Identifier 2008–CE–054–AD; Amendment
39–15729; AD 2008–23–08]
RIN 2120–AA64
Airworthiness Directives; Diamond
Aircraft Industries GmbH Model DA 42
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
issued 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:
In-service experience indicates that the
powder coating of the rear right hand (RH)
engine support bracket degrades over time,
leading to a reduced torque of the engine
mountings bolts. In some cases, bolts had
fully unscrewed and fell into the engine
cowling. One case was reported where the
pilot had to shut down an engine in flight
because of a failed V-belt, the cause of failure
assumed to be one of these bolts. This
condition, if not corrected, may lead to
further cases of loose bolts and subsequent
damage to the engine or accessories in the
engine compartment, possibly resulting in inflight engine shut-down and reduced control
of the aircraft.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
December 22, 2008.
On December 22, 2008, the Director of
the Federal Register approved the
incorporation by reference of certain
publications listed in this AD.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at
Document Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT:
Sarjapur Nagarajan, Aerospace Engineer,
FAA, Small Airplane Directorate, 901
Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329–
4145; fax: (816) 329–4090.
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17NOR1
]]>Agencies
[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Rules and Regulations]
[Pages 67718-67720]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26713]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26598, Directorate Identifier 2006-CE-087-AD;
Amendment 39-15733; AD 2008-23-12]
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: 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) issued 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.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective December 22, 2008.
On December 22, 2008, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.
ADDRESSES: You may examine the AD docket on the Internet at https://
www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.
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:
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 July 8, 2008 (73 FR
38937). That NPRM proposed 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.
Comments
We gave the public the opportunity to participate in developing
this AD. We have considered the comment received.
Embraer requests the FAA follow the required actions of the MCAI
and work together with the operators to issue AMOCs to relieve them
when the required actions are positively identified as unnecessary.
Embraer does not agree with the technical modifications proposed in the
supplemental NPRM. Embraer's position is that the service instructions
developed by Embraer present the necessary actions to adequately
address the reported unsafe condition.
Embraer also states that instructions presented in 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, were developed based on findings of severe
corrosion in the worldwide EMB-110 fleet. Embraer does recognize that
since corrosion growth depends on several variables,
[[Page 67719]]
such as operational profile, climatic conditions, and the
implementation of recommended preventive maintenance actions, these
reports of severe corrosion may not represent the average situation of
the fleet. However, Embraer can not assume the reports of severe
corrosion are isolated findings.
The FAA does not agree. We previously reviewed comments from U.S.
operators and have again reviewed service difficulty reports (SDRs)
from the U.S. registered fleet. While there are some reports of
corrosion relevant to the areas and topics of the MCAI, the magnitude
and scope of the service difficulties in the U.S. fleet does not
warrant the imposition of the entire requirements as described in the
MCAI. We will continue to evaluate the other MCAI actions and monitor
the corrosion issue. We may take future AD action.
We are not changing the AD as a result of this comment.
Conclusion
We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed.
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 FAA policies. Any such differences are
highlighted in a NOTE within the AD.
Costs of Compliance
Based on the service information, we estimate that this AD will
affect 38 products of U.S. registry. We also estimate that it will take
about 95 work-hours per product to comply with 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 $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 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 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 https://
www.regulations.gov; or in person at the Docket Management Facility
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 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:
2008-23-12 Empresa Brasileira de Aeronautica S. A. (EMBRAER):
Amendment 39-15733; Docket No. FAA-2006-26598; Directorate
Identifier 2006-CE-087-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective December
22, 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 December 22, 2008 (the
effective date of this AD) or within the next 100 hours time-in-
service after December 22, 2008 (the effective date of
[[Page 67720]]
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 Guides
TP 110P2/145, PM 110/652, or PM 110/165, released by EMBRAER, are
considered alternative methods of compliance (AMOC) with the
requirements of (f)(1) and (f)(1)(i) of this AD.
(2) Within the next 36 months after December 22, 2008 (the
effective date of this AD), do a visual and, as applicable, a 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 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 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; and
EMBRAER Service Bulletin S.B. No.: 110-57-0026, REVISION No.: 03,
dated April 2, 2007; for related information.
Material Incorporated by Reference
(i) You must use 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, to do the actions required by this AD, unless the AD specifies
otherwise.
(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., Av. Brig. Faria Lima 2170,
12227-901, Sao Jose dos Campos--SP, Brazil; phone: (+55 12) 3927
1000; e-mail: certif.@embraer.com.br; Internet: https://
www.embraer.com/english/content/home.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; 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: https://www.archives.gov/federal-
register/cfr/ibr-locations.html.
Issued in Kansas City, Missouri, on November 4, 2008.
Patrick R. Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-26713 Filed 11-14-08; 8:45 am]
BILLING CODE 4910-13-P
