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[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Rules and Regulations]               
[Page 30287-30290]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn10-10]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0132; Directorate Identifier 2008-NM-081-AD; 
Amendment 39-16306; AD 2010-11-01]
RIN 2120-AA64

 
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    During aircraft full scale fatigue test, it has been found the 
occurrence of cracks in the cockpit windshield post lower eyelet 
fitting at the attachment of the center post on the forward fuselage 
(SSI 53-10-19). Further analysis of this cracking resulted in 
modifications on the aircraft Airworthiness Limitation Items (ALI), 
to include new inspection tasks and its respective intervals. 
Undetected fatigue cracking in this area could adversely affect the 
structural integrity of these airplanes.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective July 6, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 6, 2010.

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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; 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 February 18, 2009 
(74 FR 7570). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During aircraft full scale fatigue test, it has been found the 
occurrence of cracks in the cockpit windshield post lower eyelet 
fitting at the attachment of the center post on the forward fuselage 
(SSI 53-10-19). Further analysis of this cracking resulted in 
modifications on the aircraft Airworthiness Limitation Items (ALI), 
to include new inspection tasks and its respective intervals. 
Undetected fatigue cracking in this area could adversely affect the 
structural integrity of these airplanes.

    The corrective action is revising the Airworthiness Limitations 
Section (ALS) of the Instructions for Continued Airworthiness to 
incorporate new structural inspection requirements. You may obtain 
further information by examining the MCAI in the AD docket.

Explanation of Revised Service Information

    Empresa Brasileira de Aeronautica S.A. (EMBRAER) has issued 
Revision 12, dated September 19, 2008, of Appendix 2, ``Airworthiness 
Limitation Requirements,'' of EMBRAER EMB135/EMB145 Maintenance Review 
Board Report (MRBR) MRB-145/1150. In the NPRM we referred to EMBRAER 
EMB135/EMB145 MRBR MRB-145/1150, Revision 11, dated September 19, 2007, 
as an appropriate source of service information.
    We have revised paragraph Table 1 of this AD to refer to Appendix 
2, ``Airworthiness Limitation Requirements,'' of EMBRAER EMB135/EMB145 
MRBR MRB-145/1150, Revision 12, dated September 19, 2008. We have also 
added a new paragraph (f)(3) to this AD to specify that actions done 
before the effective date of this AD in accordance with EMBRAER EMB135/
EMB145 MRBR MRB-145/1150, Revision 11, dated September 19, 2007, are 
acceptable for compliance with the corresponding requirements of this 
AD.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Extend Grace Period

    EMBRAER requests that we consider extending the grace period for 
doing the tasks required by paragraph (f) of the NPRM from 200 flight 
cycles after revising the ALS to 500 flight cycles after revising the 
ALS. EMBRAER explains that the extension of the grace period would 
allow operators to better program their maintenance schedules, thereby 
avoiding grounding airplanes without affecting flight safety.
    We disagree with the request to extend the grace period to 500 
flight cycles after revising the ALS. The commenter did not provide any 
technical information to substantiate the assertion that the extension 
would not adversely affect flight safety. However, under the provisions 
of paragraph (g)(1) of this AD, we will consider requests for 
adjustments to the grace period if data are submitted to substantiate 
that such an adjustment would provide an acceptable level of safety. We 
have not changed the AD in this regard.

Request To Allow Later Revisions of Service Information

    EMBRAER recommends that we accept later revisions of Appendix 2, 
``Airworthiness Limitation Requirements,'' of EMBRAER EMB135/EMB145 
Maintenance Review Board Report (MRBR) MRB-145/1150, Revision 11, dated 
September 19, 2007. EMBRAER points out that AD 2008-13-14, Amendment 
39-15577 (73 FR 35904, June 25, 2008), accepts later revisions of the 
MRBR included in that AD.
    We disagree with adding a general statement to the AD that accepts 
any later revision of EMBRAER MRBR MRB-145/1150, Revision 11, dated 
September 19, 2007, that we have not reviewed and approved. We note 
that we approved use of later revisions of the MRBR referenced in AD 
2008-13-14 only if approved by the Manager, ANM-116, FAA, or 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (or its delegated 
agent). We cannot use the phrase, ``or later FAA-approved revisions,'' 
in an AD when referring to the service document because doing so 
violates Office of the Federal Register (OFR) regulations for approval 
of materials ``incorporated by reference'' in rules. To allow operators 
to use later revisions of the referenced document (issued after 
publication of the AD), either we must revise the AD to reference 
specific later revisions, or

[[Page 30288]]

operators must request approval to use later revisions as an 
alternative method of compliance with this AD under the provisions of 
paragraph (g)(1) of this AD.
    However, as stated previously, we have reviewed and approved 
Appendix 2, ``Airworthiness Limitation Requirements,'' of EMBRAER 
EMB135/EMB145 MRBR MRB-145/1150, Revision 12, dated September 19, 2008, 
which is now referenced as the appropriate source of service 
information for this AD. We have made no further change to this AD in 
this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We also determined that 
these changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a Note within the AD.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 709 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $60,265, or $85 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:

2010-11-01 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16306. Docket No. FAA-2009-0132; Directorate Identifier 
2008-NM-081-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 6, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Empresa Brasileira de Aeronautica 
S.A. (EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -
145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes, 
certificated in any category, all serial numbers, except Model EMB-
145LR airplanes that have been modified in accordance with Brazilian 
Supplemental Type Certificates 2002S06-09, 2002S06-10, and 2003S08-
01.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (g) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane. The FAA has 
provided guidance for this determination in Advisory Circular (AC) 
25-1529-1.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

[[Page 30289]]

    During aircraft full scale fatigue test, it has been found the 
occurrence of cracks in the cockpit windshield post lower eyelet 
fitting at the attachment of the center post on the forward fuselage 
(SSI 53-10-19). Further analysis of this cracking resulted in 
modifications on the aircraft Airworthiness Limitation Items (ALI), 
to include new inspection tasks and its respective intervals. 
Undetected fatigue cracking in this area could adversely affect the 
structural integrity of these airplanes.

The corrective action is revising the Airworthiness Limitations 
Section (ALS) of the Instructions for Continued Airworthiness to 
incorporate new structural inspection requirements.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 90 days after the effective date of this AD revise 
the ALS of the Instructions for Continued Airworthiness to 
incorporate the structural inspection item (SSI) 53-10-19's 
applicable tasks identified in Appendix 2, ``Airworthiness 
Limitation Requirements,'' of the applicable document listed in 
Table 1 of this AD. The initial compliance times for the task start 
from the applicable time specified in SSI 53-10-19 or within 200 
flight cycles after revising the ALS, whichever occurs later. Repeat 
the applicable inspection thereafter at the interval specified in 
Appendix 2 of the applicable document listed in Table 1 of this AD, 
except as provided by paragraphs (f)(2) and (g) of this AD.

                      Table 1--Service Information
------------------------------------------------------------------------
                                           Appendix 2, ``Airworthiness
                Model--                   Limitation Requirements,'' of
                                                    EMBRAER--
------------------------------------------------------------------------
EMB-135ER, -135KE, -135KL, -135LR, -     EMB135/EMB145 Maintenance
 145, -145ER, -145MR, -145LR, -145XR, -   Review Board Report (MRBR) MRB-
 145MP, and -145EP airplanes.             145/1150, Revision 12, dated
                                          September 19, 2008.
EMB-135BJ airplanes....................  Legacy BJ--Maintenance Planning
                                          Guide MPG-1483, Revision 5,
                                          dated March 22, 2007.
------------------------------------------------------------------------

    Note 2: Appendix 2, ``Airworthiness Limitation Requirements,'' 
of EMBRAER EMB135/EMB145 MRBR MRB-145/1150, Revision 12, dated 
September 19, 2008, includes EMBRAER Temporary Revision 10-6, dated 
May 23, 2007, which is referred to in the MCAI as an applicable 
document to incorporate into the maintenance program.

    (2) After accomplishing the actions specified in paragraph 
(f)(1) of this AD, no alternative inspections or inspection 
intervals may be used unless the inspection or inspection interval 
is approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, or the Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) (or its delegated agent); or 
unless the inspection or interval is approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (g)(1) of this AD.
    (3) Actions done before the effective date of this AD in 
accordance with EMBRAER EMB135/EMB145 MRBR MRB-145/1150, Revision 
11, dated September 19, 2007, are acceptable for compliance with the 
corresponding requirements of this AD.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information 
as follows:
    (1) We have removed the requirement to mandate the SSI tasks in 
Section 4--``Structural Inspection Requirements,'' of the applicable 
document listed in Table 1 of this AD which are referred to in the 
MCAI. Those SSI tasks are included in Appendix 2, ``Airworthiness 
Limitation Requirements,'' of the applicable document listed in 
Table 1 of this AD.
    (2) We have not included the 21,336-flight-cycle threshold 
specified in the MCAI because the airplanes in the U.S.-registered 
fleet have surpassed that threshold. Instead, we included a 200-
flight-cycle grace period for accomplishing the SSI 53-10-19 tasks.

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: Todd 
Thompson, Aerospace Engineer, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office.
    (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 Brazilian Airworthiness Directive 2007-07-02, 
effective August 21, 2007, and the service information listed in 
Table 1 of this AD, for related information.

Material Incorporated by Reference

    (i) You must use the service information contained in Table 2 of 
this AD, as applicable, to do the actions required by this AD, 
unless the AD specifies otherwise.

               Table 2--Material Incorporated by Reference
------------------------------------------------------------------------
          Document               Revision                Date
------------------------------------------------------------------------
EMBRAER EMB135/EMB145                     12  September 19, 2008.
 Maintenance Review Board
 Report MRB-145/1150.
EMBRAER Legacy BJ--                        5  March 22, 2007.
 Maintenance Planning Guide
 MPG-1483.
------------------------------------------------------------------------

EMBRAER EMB135/EMB145 Maintenance Review Board Report (MRBR) MRB-
145/1150, Revision 12, dated September 19, 2008, contains the 
following effective pages:

[[Page 30290]]

                                             List of Effective Pages
----------------------------------------------------------------------------------------------------------------
     Page title/description            Page(s)                Revision No.              Date shown on page(s)
----------------------------------------------------------------------------------------------------------------
MRBR Title Page................  None shown*.......  12...........................  September 19, 2008.
MRBR Record of Temporary         None shown*.......  12...........................  September 19, 2008.
 Revisions.
MRBR List of Effective Pages...  A-L...............  None shown*..................  September 19, 2008.
----------------------------------------------------------------------------------------------------------------
                                Appendix 2--Airworthiness Limitation Requirements
----------------------------------------------------------------------------------------------------------------
                                 A2-1 through A2-22  None shown*..................  September 19, 2007.
                                 A2-23 through A2-   None shown*..................  September 19, 2008.
                                  90.
----------------------------------------------------------------------------------------------------------------

    (*Only the Record of Temporary Revisions of EMBRAER EMB135/
EMB145 Maintenance Review Board Report MRB-145/1150, Revision 12, 
dated September 19, 2008, contains the revision levels that 
correspond to the revision dates; no other page of the document 
contains this information.) EMBRAER Legacy BJ--Maintenance Planning 
Guide (MPG) MPG-1483, Revision 5, dated March 22, 2007, contains the 
following effective pages:

                                             List of Effective Pages
----------------------------------------------------------------------------------------------------------------
     Page title/description            Page(s)                Revision No.              Date shown on page(s)
----------------------------------------------------------------------------------------------------------------
MPG Title Page.................  None shown*.......  5............................  March 22, 2007.
MPG Record of Temporary          None shown*.......  5............................  March 22, 2007.
 Revisions.
MPG List of Effective Pages....  A-J...............  None shown*..................  March 22, 2007.
----------------------------------------------------------------------------------------------------------------
                                Appendix 2--Airworthiness Limitation Requirements
----------------------------------------------------------------------------------------------------------------
                                 A2-1 through A2-8,  None shown*..................  October 14, 2005.
                                  A2-12, A2-14
                                  through A2-16.
                                 A2-9, A2-10, A2-13  None shown*..................  July 31, 2003.
                                 A2-11.............  None shown*..................  April 1, 2004.
                                 A2-17 through A2-   None shown*..................  March 22, 2007.
                                  40.
----------------------------------------------------------------------------------------------------------------

    (*Only the Record of Temporary Revisions of EMBRAER Legacy BJ--
Maintenance Planning Guide MPG-1483, Revision 5, dated March 22, 
2007, contains the revision levels that correspond to the revision 
dates; no other page of the document contains this information.)
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone: 
+55 12 3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail: 
distrib@embraer.com.br; Internet: http://www.flyembraer.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on May 10, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-11762 Filed 5-28-10; 8:45 am]
BILLING CODE 4910-13-P
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