[Federal Register: June 2, 2009 (Volume 74, Number 104)]
[Proposed Rules]
[Page 26315-26317]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn09-21]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0497; Directorate Identifier 2009-NM-019-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes; and Model ERJ 190-100 LR, -100 IGW,
-100 STD, -200 STD, -200 LR, and -200 IGW 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 possibility of cracks developing in the
ram air turbine (RAT) machined support, located in the forward
compartment [zone 124] of [the] aircraft, due to downlock pin not
[being] pull[ed] during its retraction. In case of RAT failure or
malfunction, it will not provide electrical power to essential
systems of [the] aircraft in [an] electrical emergency situation.
* * * * *
Lack of electrical power could result in reduced controllability of
the airplane. 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 July 2, 2009.
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 W12-140, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed 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. You may
review copies of the referenced 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 or 425-227-1152.
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-2009-0497;
Directorate Identifier 2009-NM-019-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 2008-10-05 and 2008-10-06, both dated November
10, 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 possibility of cracks developing in the
ram air turbine (RAT) machined support, located in the forward
compartment [zone 124] of [the] aircraft, due to downlock pin not
[being] pull[ed] during its retraction. In case of RAT failure or
malfunction, it will not provide electrical power to essential
systems of [the] aircraft in [an] electrical emergency situation.
* * * * *
Lack of electrical power could result in reduced controllability of the
airplane. Corrective actions include a detailed visual inspection for
cracking of the RAT machined support, replacing the support with a new
part if any crack is found, and reinforcing or replacing the support if
no crack is found. You may obtain further information by examining the
MCAI in the AD docket.
Relevant Service Information
Embraer has issued Service Bulletins 170-53-0057, dated February
21, 2008; and 190-53-0027, dated February 18, 2008. 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
[[Page 26316]]
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 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 163 products of U.S. registry. We also estimate that
it would take about 60 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $7,535 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
costs. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $2,010,605, or $12,335 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, Incorporation by
reference, 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-
2009-0497; Directorate Identifier 2009-NM-019-AD.
Comments Due Date
(a) We must receive comments by July 2, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes, serial
numbers 17000002, 17000004 through 17000013 inclusive, and 17000015
through 17000208 inclusive; and Model ERJ 190-100 LR, -100 IGW, -100
STD, -200 STD, -200 LR, and -200 IGW airplanes, serial numbers
19000002, 19000004, and 19000006 through 19000152 inclusive;
certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been found the possibility of cracks developing in the
ram air turbine (RAT) machined support, located in the forward
compartment [zone 124] of [the] aircraft, due to downlock pin not
[being] pull[ed] during its retraction. In case of RAT failure or
malfunction, it will not provide electrical power to essential
systems of [the] aircraft in [an] electrical emergency situation.
* * * * *
Lack of electrical power could result in reduced controllability of
the airplane. Corrective actions include a detailed visual
inspection for cracking of the RAT machined support, replacing the
support with a new part if any crack is found, and reinforcing or
replacing the support if no crack is found.
Actions and Compliance
(f) Unless already done, do the following actions. Within 600
flight hours after the effective date of this AD: Perform a detailed
visual inspection for cracks in the RAT machined support, in
accordance with the Accomplishment Instructions in Embraer Service
Bulletin 170-53-0057, dated February 21, 2008; or Embraer Service
Bulletin 190-53-0027, dated February 18, 2008; as applicable.
(1) If no crack is found, at the earlier of the times specified
in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, install
reinforcements in the RAT machined support or replace the RAT
machined support with a new support having part number 170-18676-
405, in accordance with the Accomplishment Instructions of Embraer
Service Bulletin 170-53-0057, dated February 21, 2008; or Embraer
Service Bulletin 190-53-0027, dated February 18, 2008; as
applicable.
(i) Within 5,000 flight hours after accomplishing the inspection
required by paragraph (f) of this AD.
(ii) Before further flight after the next two RAT deployments--
which can be a flight deployment or a maintenance review board task
procedure--after accomplishing the inspection required by paragraph
(f) of this AD.
(2) If any cracking is found, before further flight, replace the
RAT machined support with a new support having part number 170-
18676-405, in accordance with the Accomplishment Instructions of
Embraer Service Bulletin 170-53-0057, dated February 21, 2008; or
Embraer Service Bulletin 190-53-0027, dated February 18, 2008; as
applicable.
[[Page 26317]]
FAA AD Differences
Note 1: 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)(2) of this AD requires that you replace any cracked
lug of the RAT machined support with a new support 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, 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 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, 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) Airworthiness Directives 2008-10-
05 and 2008-10-06, both dated November 10, 2008; Embraer Service
Bulletin 170-53-0057, dated February 21, 2008; and Embraer Service
Bulletin 190-53-0027, dated February 18, 2008; for related
information.
Issued in Renton, Washington, on May 20, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-12802 Filed 6-1-09; 8:45 am]
BILLING CODE 4910-13-P