[Federal Register: August 4, 2008 (Volume 73, Number 150)]
[Proposed Rules]
[Page 45178-45180]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au08-11]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0831; Directorate Identifier 2008-NM-051-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) 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 the occurrence of failed bearings of the RAT
[ram air turbine] generator, which may lead to a RAT generator
failure. The RAT generator was designed to provide emergency
electrical power to essential systems in case of loss of all other
sources of aircraft AC electrical power.
* * * * *
Loss of emergency electrical power could result in reduced
controllability of the airplane during in-flight emergencies. 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 3,
2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, 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 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 this proposed AD, 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.
FOR FURTHER INFORMATION CONTACT: Kenny Kaulia, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2848; fax (425) 227-1149.
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-2008-0831;
Directorate Identifier 2008-NM-051-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 based on those comments.
We will post all comments we receive, without change, to http://
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
The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directives 2007-12-01 and 2007-12-02, both effective
January 24, 2008 (referred to after this as ``the MCAI''), to correct
an unsafe condition for the specified products. The MCAI states:
It has been found the occurrence of failed bearings of the RAT
[ram air turbine] generator, which may lead to a RAT generator
failure. The RAT generator was designed to provide emergency
electrical power to essential systems in case of loss of all other
sources of aircraft AC electrical power.
Loss of emergency electrical power could result in reduced
controllability of the airplane during in-flight emergencies. The
corrective actions include determining the part number and serial
number of the RAT, and re-identifying or replacing the RAT if
necessary. You may obtain further information by examining the MCAI in
the AD docket.
Relevant Service Information
EMBRAER has issued Service Bulletins 170-24-0041, Revision 01,
dated August 28, 2007; and 190-24-0012, Revision 01, dated August 21,
2007. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This 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 the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
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
[[Page 45179]]
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
would affect about 124 products of U.S. registry. We also estimate that
it would take about 1 work-hour 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 $9,920, or $80 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this 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.
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-
2008-0831; Directorate Identifier 2008-NM-051-AD.
Comments Due Date
(a) We must receive comments by September 3, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100
SE, -100 STD, -100 SU, -200 LR, -200 STD, and -200 SU airplanes; and
Model ERJ 190-100 IGW, -100 LR, -100 STD, -100 ECJ, -200 IGW, -200
LR, and -200 STD airplanes; certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 24:
Electrical power.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been found the occurrence of failed bearings of the RAT
[ram air turbine] generator, which may lead to a RAT generator
failure. The RAT generator was designed to provide emergency
electrical power to essential systems in case of loss of all other
sources of aircraft AC electrical power.
Loss of emergency electrical power could result in reduced
controllability of the airplane during in-flight emergencies. The
corrective actions include determining the part number (P/N) and
serial number (S/N) of the RAT, and re-identifying or replacing the
RAT if necessary.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 1,300 flight hours or 6 months after the effective
date of this AD, whichever occurs first, determine the P/N and S/N
of the RAT. For airplanes on which a RAT having P/N 1703781 is
installed, do the actions specified in paragraphs (f)(1)(i) and
(f)(1)(ii) of this AD, as applicable, in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 170-24-0041,
Revision 01, dated August 28, 2007; or 190-24-0012, Revision 01,
dated August 21, 2007; as applicable.
(i) For airplanes on which the S/N on the RAT is 0110, 0150,
0255, or 0354 through 0419: Before further flight, re-identify RAT
P/N 1703781 to P/N 1703781A.
(ii) For airplanes on which the S/N on the RAT is 0005, 0101
through 0109, 0111 through 0149, 0151 through 0254, or 0256 through
0353: Within 6,000 flight hours or 26 months after the effective
date of this AD, whichever occurs first, replace the RAT with a RAT
having P/N 1703781A.
(2) Previous accomplishment of the re-identification or
replacement of the RAT before the effective date of this AD in
accordance with EMBRAER Service Bulletin 170-24-0041 or 190-24-0012,
both dated May 4, 2007, meets the requirements of (f)(1)(i) and
(f)(1)(ii) of this AD, as applicable.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No difference.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, 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: Kenny Kaulia, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-2848; fax (425) 227-1149. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
[[Page 45180]]
Related Information
(h) Refer to MCAI Brazilian Airworthiness Directives 2007-12-01
and 2007-12-02, both effective January 24, 2008, and EMBRAER Service
Bulletins 170-24-0041, Revision 01, dated August 28, 2007; and 190-
24-0012, Revision 01, dated August 21, 2007; for related
information.
Issued in Renton, Washington, on July 23, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-17777 Filed 8-1-08; 8:45 am]
BILLING CODE 4910-13-P