[Federal Register Volume 75, Number 164 (Wednesday, August 25, 2010)]
[Rules and Regulations]
[Pages 52263-52266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20843]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0497; Directorate Identifier 2009-NM-019-AD;
Amendment 39-16417; AD 2010-18-04]
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), 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
[[Page 52264]]
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. We are issuing this AD to require actions to correct the
unsafe condition on these products.
DATES: This AD becomes effective September 29, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 29,
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 June 2, 2009 (74 FR
26315). That NPRM proposed 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.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request To Change the RAT Deployment Criteria
EMBRAER and JetBlue Airways request that we revise the NPRM so that
operators are allowed to reach the maximum time of 5,000 flight hours
provided that the RAT machined support is inspected for cracks after
each RAT deployment. EMBRAER states that the original undamaged support
does not represent an unsafe condition, and that to damage it to an
unacceptable level, it would be necessary to have two incorrect stows
of the RAT.
JetBlue Airways states that the NPRM specifies that installing
reinforcements or replacing the RAT support must be done before the
next flight after the next two RAT deployments or within 5,000 flight
hours. JetBlue Airways notes that it is difficult to track the number
of deployments as the deployment could be used as part of
troubleshooting in an airplane maintenance manual task. JetBlue Airways
specifies that an inspection could be done after RAT deployment during
MRB tasks.
We agree with the request to allow the option to do the above
procedures. We have determined that allowing the option specified in
paragraph (f)(1)(ii) of this AD to do the installation or replacement
within 5,000 flight hours provided that the RAT machined support is
inspected for cracking after each RAT deployment will provide an
acceptable level of safety. We have revised paragraph (f)(1) of this AD
accordingly. This has been coordinated with Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC). We have revised the final rule
accordingly.
Request To Remove the RAT Deployment Criteria
Air Transport Association of America (ATA), on behalf of its member
US Airways, requests that we remove the RAT deployment criteria
specified in paragraph (f)(1)(ii) of the NPRM. US Airways states that
the deployment criterion specified in paragraph (f)(1)(ii) of the NPRM
is confusing and would be difficult to document. US Airways also states
that it is unclear whether a RAT deployment via unscheduled maintenance
must be counted. US Airways and JetBlue Airways both state that the
maintenance review board (MRB) task specifies a manual RAT deployment
and an auto RAT deployment, and questions if doing the MRB tasks counts
as two RAT deployments.
We do not agree to remove the RAT deployment criteria. However, we
agree to clarify what counts as a RAT deployment in this AD. A flight
deployment means any RAT deployment that occurs during flight, whether
scheduled or unscheduled. RAT deployment during a MRB task procedure
means doing both a manual and automatic RAT deployment and counts as
two RAT deployments. No change has been made to the AD in this regard.
Request To Allow Further Flights With a Cracked Upper Lug
EMBRAER and Air Transport Association (ATA), on behalf of its
member US Airways, request that we revise the NPRM to remove the
requirement to replace cracked upper lugs before further flight.
EMBRAER requests that operators be allowed to operate airplanes up to
600 hours with a cracked upper lug. EMBRAER states that the RAT was
designed to remain operational with one damaged machined support and
that the 600 hours were deemed appropriate by risk analysis
calculations.
Air Transport Association (ATA), on behalf of its member US
Airways, requests that the more stringent criteria to replace any
cracked lug of the RAT machined support with a new support before
further flight, as specified in the ``FAA AD Differences'' section of
the NPRM, be removed. US Airways states that the more stringent
criteria are not justified and would cause unnecessary operational
disruptions.
We disagree with the request to allow airplanes to operate with a
cracked upper lug. We have reviewed the risk analysis and found that
there is no evidence that flights with a cracked upper lug, once found,
would provide an adequate level of safety. If additional data are
presented that would justify operating with a cracked upper lug, we
might consider further rulemaking on this issue. We have not changed
the AD in this regard.
Request To Allow the Use of Future Revised Service Bulletins
Air Transport Association (ATA) on behalf of its member US Airways
requests that the ``Actions and Compliance'' paragraph of the proposed
NPRM be revised to allow use of revised service bulletins. US Airways
states that due to possible material shortages, alternative materials
may be specified in a future revised service bulletin.
[[Page 52265]]
We disagree with the request to allow the use of future revised
service bulletins. Using the phrase ``or later FAA-approved revisions''
in reference to a specific service bulletin in an AD violates Office of
the Federal Register regulations for approving materials that are
incorporated by reference. The procedures included in EMBRAER Service
Bulletins 170-53-0057, dated February 21, 2008; and 190-53-0027, dated
February 18, 2008; provide an adequate level of safety. If the service
bulletin is revised later, an operator may apply for approval of an
alternative method of compliance (AMOC) in accordance with the
procedures outlined in paragraph (g) of this AD to be allowed to use
that service bulletin revision. We have not changed the AD in this
regard.
Request To Add Note Regarding Correct RAT Stow Procedure
EMBRAER requests that a note be added to the AD to reaffirm the
correct RAT stow procedure.
We agree. We have added Note 1 to this AD to specify the correct
stow procedure.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We 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 163 products of U.S. registry.
We also estimate that it will take about 60 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will 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 parts. 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 this AD to the
U.S. operators to be $2,059,505, or $12,635 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:
2010-18-04 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16417. Docket No. FAA-2009-0497; Directorate Identifier
2009-NM-019-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective
September 29, 2010.
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.
[[Page 52266]]
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, 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 of 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, do the actions in either paragraph
(f)(1)(i) or (f)(1)(ii) of this AD.
(i) At the earlier of the times specified in paragraphs
(f)(1)(i)(A) and (f)(1)(i)(B) 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.
(A) Within 5,000 flight hours after accomplishing the inspection
required by paragraph (f) of this AD.
(B) Before further flight after the next two RAT deployments--
which can be a flight deployment or a ground deployment as part of a
maintenance task--after accomplishing the inspection required by
paragraph (f) of this AD.
(ii) Do the actions specified in paragraph (f)(1)(ii)(A) and
(f)(1)(ii)(B) of this AD.
(A) Do the inspection specified in paragraph (f) of this AD
before further flight after each RAT deployment--which can be a
flight deployment or a ground deployment as part of a maintenance
task--until the installation specified in paragraph (f)(1)(ii)(B) of
this AD is accomplished or the replacement specified in paragraph
(f)(2) of this AD is accomplished.
(B) Within 5,000 flight hours after accomplishing the inspection
required by paragraph (f) 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.
(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.
Note 1: Guidance on retracting the RAT without damaging the RAT
machined support may be found in Task Number 24-23-00-840-801-A/
200--Ram-Air-Turbine (RAT)--Retraction, of the EMBRAER 170/190
Airplane Maintenance Manual.
FAA AD Differences
Note 2: 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.
Material Incorporated by Reference
(i) You must use EMBRAER Service Bulletin 170-53-0057, dated
February 21, 2008; or EMBRAER Service Bulletin 190-53-0027, dated
February 18, 2008; as applicable; 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.
Issued in Renton, Washington, on August 13, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-20843 Filed 8-24-10; 8:45 am]
BILLING CODE 4910-13-P