[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Rules and Regulations]
[Pages 30284-30287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12671]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0176; Directorate Identifier 2009-NM-201-AD;
Amendment 39-16318; AD 2010-11-13]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 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) 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 ERJ 170 airplane full scale fatigue test, cracks were
found in some structural components of the airplane. Analysis of
these cracks resulted in modifications on the airplane Airworthiness
Limitation Items (ALI), to include new inspections tasks or
modification of existing ones and its respective thresholds and
intervals.
Failure to inspect these components according to the new tasks,
thresholds and intervals, could prevent a timely detection of
fatigue cracks. Undetected fatigue cracks in these areas 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: 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 March 4, 2010 (75 FR
9811). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
During ERJ 170 airplane full scale fatigue test, cracks were
found in some structural components of the airplane. Analysis of
these cracks resulted in modifications on the airplane Airworthiness
Limitation Items (ALI), to include new inspections tasks or
modification of existing ones and its respective thresholds and
intervals.
Failure to inspect these components according to the new tasks,
thresholds and intervals, could prevent a timely detection of
fatigue cracks. Undetected fatigue cracks in these areas could
adversely affect the structural integrity of these airplanes.
* * * * *
The corrective action is revising the Airworthiness Limitations section
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.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or
[[Page 30285]]
on the determination of the cost to the public.
Conclusion
We reviewed the available data 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.
Costs of Compliance
We estimate that this AD will affect 166 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 $14,110, 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:
2010-11-13 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16318. Docket No. FAA-2010-0176; Directorate Identifier
2009-NM-201-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 ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -
200 LR, -200 STD, and -200 SU airplanes; certificated in any
category.
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 (h)(1) 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)
25-1529-1A.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage; 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
During ERJ 170 airplane full scale fatigue test, cracks were
found in some structural components of the airplane. Analysis of
these cracks resulted in modifications on the airplane Airworthiness
Limitation Items (ALI), to include new inspections tasks or
modification of existing ones and its respective thresholds and
intervals.
Failure to inspect these components according to the new tasks,
thresholds and intervals, could prevent a timely detection of
fatigue cracks. Undetected fatigue cracks in these areas 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 (ICA)
to incorporate new structural inspection requirements.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Actions
(g) Unless already done, do the following actions.
(1) Within 90 days after the effective date of this AD, revise
the ALS of the ICA to incorporate the inspection tasks identified in
the EMBRAER temporary revisions (TRs) to Appendix A--Part 2 of the
EMBRAER 170 Maintenance Review Board Report MRB-1621, listed in
Table 1 of this AD. The initial compliance times for the tasks start
from the applicable threshold times specified in the TRs for the
corresponding tasks of the maintenance review board report or within
500 flight cycles after the effective date of this AD, whichever
occurs later. For certain
[[Page 30286]]
tasks, the compliance times depend on the pre-modification and post-
modification status of the actions specified in the associated
service bulletin, as specified in the ``Applicability'' column of
the applicable TRs identified in Table 1 of this AD. The threshold
values stated in the TRs referenced in Table 1 of this AD are total
flight cycles on the airplane since the date of issuance of the
original Brazilian airworthiness certificate or the date of issuance
of the original Brazilian export certificate of airworthiness.
Table 1--Inspection Tasks
----------------------------------------------------------------------------------------------------------------
TR Date Subject Task No.
----------------------------------------------------------------------------------------------------------------
TR 4-1............................... October 15, 2007....... Ram air turbine compartment, 53-10-012-0002
support structure and 53-10-012-0003
cutout structure--internal.
Nose landing gear wheel well 53-10-021-0005
metallic structure. 53-10-021-0006
TR 4-3............................... December 6, 2007....... Wing stub spar 3 side 57-01-012-001
fitting--internal.
Wing upper skin panels-- 57-10-010-0002
external.
Fixed trailing edge lower 57-50-002-0002
skin panel--external.
Fixed trailing edge rib 4A-- 57-50-005-0003
external.
Fixed trailing edge rib 6-- 57-50-005-0004
internal.
TR 4-4............................... January 18, 2008....... Wing stub main box lower-- 57-01-002-003
internal.
----------------------------------------------------------------------------------------------------------------
(2) After accomplishing the actions specified in paragraph
(g)(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 (h)(1) of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(h) 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
(i) Refer to MCAI Brazilian Airworthiness Directive 2009-04-01,
dated April 29, 2009; and the TRs to Appendix A--Part 2 of the
EMBRAER 170 Maintenance Review Board Report MRB-1621, identified in
Table 2 of this AD; for related information.
Table 2--Temporary Revisions
------------------------------------------------------------------------
EMBRAER temporary revisions Date
------------------------------------------------------------------------
TR 4-1.............................. October 15, 2007.
TR 4-3.............................. December 6, 2007.
TR 4-4.............................. January 18, 2008.
------------------------------------------------------------------------
Material Incorporated by Reference
(j) You must use the service information contained in Table 3 of
this AD 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. (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:
[email protected]; 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.
Table 3--Material Incorporated By Reference
------------------------------------------------------------------------
EMBRAER temporary revision-- Dated-- To--
------------------------------------------------------------------------
4-1........................... October 15, 2007. Appendix A--Part 2 of
the EMBRAER 170
Maintenance Review
Board Report MRB-
1621.
4-3........................... December 6, 2007. Appendix A--Part 2 of
the EMBRAER 170
Maintenance Review
Board Report MRB-
1621.
4-4........................... January 18, 2008. Appendix A--Part 2 of
the EMBRAER 170
Maintenance Review
Board Report MRB-
1621.
------------------------------------------------------------------------
[[Page 30287]]
Issued in Renton, Washington, on May 14, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-12671 Filed 5-28-10; 8:45 am]
BILLING CODE 4910-13-P