[Federal Register Volume 75, Number 92 (Thursday, May 13, 2010)]
[Rules and Regulations]
[Pages 26883-26885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10900]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0614; Directorate Identifier 2009-NM-045-AD;
Amendment 39-16286; AD 2010-10-07]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and Model ERJ 190 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:
It has been found the occurrence of outboard slat skew sensor
failure in open or closed position. The combination of an outboard
slat skew sensor failed closed, an outboard slat actuator structural
failure (rupture) and its adjacent actuator torque limiter failing
high (allows higher loads to the panel structure) occurring in the
same slat surface, under normal flight loads, may lead [the] slat
surface to detach from the wing with the possibility of hitting and
damaging the horizontal stabilizer and elevator, which may affect
the airplane controllability.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective June 17, 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: 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:
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 22, 2009 (74 FR
36129). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
It has been found the occurrence of outboard slat skew sensor
failure in open or closed position. The combination of an outboard
slat skew sensor failed closed, an outboard slat actuator structural
failure (rupture) and its adjacent actuator torque limiter failing
high (allows higher loads to the panel structure) occurring in the
same slat surface, under normal flight loads, may lead [the] slat
surface to detach from the wing with the possibility of hitting and
damaging the horizontal stabilizer and elevator, which may affect
the airplane controllability.
* * * * *
Corrective actions include repetitive operational tests of the
outboard slat skew sensor, and replacement with a serviceable outboard
slat skew sensor if necessary.
You may obtain further information by examining the MCAI in the AD
docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comment received.
Request To Remove Reference to the Revision Level of the Airplane
Maintenance Manual (AMM) Task
Embraer requests that we remove reference to the specific revision
of the AMM task specified in Note 1 of the NPRM. Embraer explains that
since AMMs are often revised to improve task procedures, changes to
other tasks might force the subsequent tasks to be ``re-paged and re-
dated.'' Embraer points out that changes made to improve task
procedures do not change the intent of the tasks and that the specific
task number will always refer to the specific task, regardless of
revision level. Embraer notes that referring to a specific revision
will cause operators to request alternative methods of compliance
(AMOCs) for updated AMM tasks that might be identical.
Embraer suggests that if it is necessary to refer to a specific
revision of the AMM, we should not refer to the AMM task, but instead
include the text of the
[[Page 26884]]
outboard slat skew sensor operational test directly in the text of the
AD. Embraer also suggests that another alternative would be to mandate
revision of the Airworthiness Limitations Section of the Instructions
for Continued Airworthiness to incorporate Task 27-83-01-001 of the
latest revision of the Maintenance Review Board Report, but with a
reduced interval mandated by the AD.
We disagree with the request to remove reference to a specific
revision of the AMM task and the alternative suggestions to either
include the text of the outboard slat skew sensor operational test
directly in the text of the AD, or to mandate the revision of the
Airworthiness Limitations Section of the Instructions for Continued
Airworthiness to incorporate Task 27-83-01-001 of the latest revision
of the Maintenance Review Board Report.
As stated in the commenter's request, the AMM may be revised to
improve the task procedures, which could include substantive changes.
We assume that this is also true for Task Number 27-83-01-710-801-A,
``Outboard Slat Skew Sensor-Operational Test.'' We have reviewed the
task as it currently exists, which has a date of October 28, 2008, and
acknowledge that this task addresses the unsafe condition. It is
impossible for us to anticipate what changes might be made to a task in
future revisions, and we might not agree that the revised task
adequately addresses the unsafe condition.
Operators are not required to use this task to accomplish the
requirements of this AD. We point out that the task referenced in Note
1 of this AD is provided merely for operators to use as a source of
guidance. Regardless of the method used to comply with the requirements
of this AD, operators are required to contact us or the Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil ANAC (or its delegated agent)
for approval of all methods of compliance for this AD. We have not
changed the AD in this regard.
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 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 223 products of U.S. registry.
We also estimate that it will take about 2 work-hours 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 $37,910, or $170 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, 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:
2010-10-07 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16286. Docket No. FAA-2009-0614; Directorate Identifier
2009-NM-045-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective June 17,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes certificated in any
category, identified in paragraphs (c)(1) and (c)(2) of the AD.
(1) EMBRAER Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -
200 LR, -200 STD, and -200 SU airplanes, equipped with outboard slat
skew sensor part number (P/N) 1702286A or 1702288A.
[[Page 26885]]
(2) EMBRAER Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD,
-200 STD, -200 LR, and -200 IGW airplanes, equipped with outboard
slat skew sensor P/N 1702286A or 1702288A.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
``It has been found the occurrence of outboard slat skew sensor
failure in open or closed position. The combination of an outboard
slat skew sensor failed closed, an outboard slat actuator structural
failure (rupture) and its adjacent actuator torque limiter failing
high (allows higher loads to the panel structure) occurring in the
same slat surface, under normal flight loads, may lead [the] slat
surface to detach from the wing with the possibility of hitting and
damaging the horizontal stabilizer and elevator, which may affect
the airplane controllability.''
* * * * *
Corrective actions include repetitive operational tests of the
outboard slat skew sensor, and replacement with a serviceable
outboard slat skew sensor if necessary.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) At the applicable compliance time in paragraph (f)(1)(i) or
(f)(1)(ii) of this AD: Perform an operational test (OPT) of any
outboard slat skew sensor having P/N 1702286A or P/N 1702288A. If
any outboard slat skew sensor fails the test, replace the sensor
with a serviceable sensor before further flight. Do the actions
using a method approved by either 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).
(i) For Model ERJ 170 airplanes: Within 1,320 flight hours after
the effective date of this AD.
(ii) For Model ERJ 190 airplanes: Within 1,320 flight hours or
12 months after the effective date of this AD, whichever occurs
first.
Note 1: Guidance on performing the OPT required by paragraph
(f)(1) of this AD can be found in Task 27-83-01-710-801-A,
``Outboard Slat Skew Sensor--Operational Test,'' dated October 28,
2008, of the Embraer 170/175 or 190 Aircraft Maintenance Manual
(AMM).
Note 2: For the purpose of this AD, an OPT is ``A task to
determine if an item is fulfilling its intended purpose. Since it is
a failure-finding task, it does not require quantitative
tolerances.''
Note 3: For the purpose of this AD, a serviceable sensor is one
that has passed the OPT required by paragraph (f)(1) of this AD.
(2) Repeat the OPT required by paragraph (f)(1) of this AD
thereafter at intervals not to exceed 1,320 flight hours.
FAA AD Differences
Note 4: This AD differs from the MCAI and/or service information
as follows: No differences.
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:
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.
The AMOC approval letter must specifically reference this AD.
(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 Directives 2009-02-02
and 2009-02-03, both effective February 16, 2009, for related
information.
Material Incorporated by Reference
(i) None.
Issued in Renton, Washington, on April 28, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-10900 Filed 5-12-10; 8:45 am]
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