[Federal Register Volume 75, Number 230 (Wednesday, December 1, 2010)]
[Proposed Rules]
[Pages 74670-74673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30140]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-1161; Directorate Identifier 2010-NM-152-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and ERJ 190 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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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 occurrence of screw units manufactured with
metallographic non-conformity that may increase their susceptibility
to brittle fracture. The screw failure may result in loss of the
related balance washer causing a possible ram air turbine (RAT)
imbalance event, which may result in RAT structural failure, which
associated with an electrical emergency situation, could result in
loss of power to airplane flight controls hydraulic back-up system.
* * * * *
Loss of power to the hydraulic back-up system for airplane flight
controls could reduce the ability of the flightcrew to maintain the
safe flight and landing 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 January 18,
2011.
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.
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:
[email protected]; 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.
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,
[[Page 74671]]
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: Cindy Ashforth, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2768; 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-2010-1161;
Directorate Identifier 2010-NM-152-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 2010-06-04 and 2010-06-05, both dated July 26,
2010 (referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI state:
It has been found occurrence of screw units manufactured with
metallographic non-conformity that may increase their susceptibility
to brittle fracture. The screw failure may result in loss of the
related balance washer causing a possible ram air turbine (RAT)
imbalance event, which may result in RAT structural failure, which
associated with an electrical emergency situation, could result in
loss of power to airplane flight controls hydraulic back-up system.
* * * * *
Loss of power to the hydraulic back-up system for airplane flight
controls could reduce the ability of the flightcrew to maintain the
safe flight and landing of the airplane. Required actions include doing
a general visual inspection to determine the model, part number, and
serial number of the RAT, and to determine if a certain symbol is
marked on affected RATs. Corrective actions include replacing the RAT
balance screw and marking the RAT identification plate. You may obtain
further information by examining the MCAI in the AD docket.
Relevant Service Information
EMBRAER has issued Service Bulletins 170-24-0048, Revision 01,
dated May 12, 2010 (for Model ERJ 170 airplanes); and 190-24-0019,
Revision 01, dated May 11, 2010 (for Model ERJ 190 airplanes). 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 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 241 products of U.S. registry. We also estimate that
it would take about 9 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $0 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 $184,365, or $765 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.
[[Page 74672]]
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-
2010-1161; Directorate Identifier 2010-NM-152-AD.
Comments Due Date
(a) We must receive comments by January 18, 2011.
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, and -100 SU
airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD
airplanes; and Model ERJ 190-100 STD, -100 LR, -100 ECJ, and -100
IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW
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 occurrence of screw units manufactured with
metallographic non-conformity that may increase their susceptibility
to brittle fracture. The screw failure may result in loss of the
related balance washer causing a possible ram air turbine (RAT)
imbalance event, which may result in RAT structural failure, which
associated with an electrical emergency situation, could result in
loss of power to airplane flight controls hydraulic back-up system.
* * * * *
Loss of power to the hydraulic back-up system for airplane flight
controls could reduce the ability of the flightcrew to maintain the
safe flight and landing of the airplane.
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) Within 1,200 flight hours or 6 months after the effective
date of this AD, whichever occurs first: Do a general visual
inspection to determine the RAT model, part number, and serial
number, in accordance with Part 1 of the Accomplishment Instructions
of EMBRAER Service Bulletin 170-24-0048, Revision 01, dated May 12,
2010; or EMBRAER Service Bulletin 190-24-0019, Revision 01, dated
May 11, 2010; as applicable. A review of airplane maintenance
records is acceptable in lieu of this inspection if the model, part
number, and serial number of the RAT can be conclusively determined
from that review.
Note 1: For the purpose of this AD, a general visual inspection
(GVI) is: ``A visual examination of an interior or exterior area,
installation or assembly to detect obvious damage, failure or
irregularity. This level of inspection is made from within touching
distance, unless otherwise specified. A mirror may be necessary to
enhance visual access to all exposed surfaces in the inspection
area. This level of inspection is made under normally available
lighting conditions such as daylight, hangar lighting, flashlight or
drop-light, and may require removal or opening of access panels or
doors. Stands, ladders or platforms may be required to gain
proximity to the area being checked.''
(1) For any RAT not having a serial number identified in EMBRAER
Service Bulletin 170-24-0048, Revision 01, dated May 12, 2010; or
EMBRAER Service Bulletin 190-24-0019, Revision 01, dated May 11,
2010: No further action is required by this paragraph.
(2) For any RAT having a serial number identified in EMBRAER
Service Bulletin 170-24-0048, Revision 01, dated May 12, 2010; or
EMBRAER Service Bulletin 190-24-0019, Revision 01, dated May 11,
2010: Within 1,200 flight hours or 6 months after the effective date
of this AD, whichever occurs first, inspect to determine if the
symbol ``24-5'' is marked on the RAT identification plate. A review
of airplane maintenance records is acceptable in lieu of this
inspection if the RAT identification plate can be conclusively
determined to be marked with ``24-5'' from that review.
(i) If the symbol ``24-5'' is marked on the RAT identification
plate: No further action is required by this paragraph.
(ii) If the symbol ``24-5'' is not marked on the RAT
identification plate: Within 1,200 flight hours or 6 months after
the effective date of this AD, whichever occurs first, replace the
RAT balance screw with a new balance screw, and mark the RAT
identification plate with the symbol ``24-5,'' in accordance with
Part 2 of the Accomplishment Instructions of EMBRAER Service
Bulletin 170-24-0048, Revision 01, dated May 12, 2010; or EMBRAER
Service Bulletin 190-24-0019, Revision 01, dated May 11, 2010; as
applicable.
(h) As of the effective date of this AD, no person may install a
RAT identified in Part 1 of the Accomplishment Instructions of
EMBRAER Service Bulletin 170-24-0048, Revision 01, dated May 12,
2010; or EMBRAER Service Bulletin 190-24-0019, Revision 01, dated
May 11, 2010; as applicable; on any airplane, unless that RAT is
identified with the symbol ``24-5'' on the identification plate.
Credit for Actions Accomplished in Accordance With Previous Service
Information
(i) Actions accomplished before the effective date of this AD in
accordance with EMBRAER Service Bulletins 170-24-0048 or 190-24-
0019, both dated March 31, 2010, as applicable, are considered
acceptable for compliance with the corresponding actions specified
in this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service
information as follows:
(1) The Brazilian ADs apply to ``airplanes equipped with
Hamilton Sundstrand ram air turbine (RAT), Model ERPS37T, Part
Number (P/N) 1703781 Series; with the serial numbers (S/N) contained
in Embraer Service Bulletin[s 170-24-0048 or 190-24-0019],'' and
their first action is an inspection to determine if affected
equipment is installed. This AD applies to all of the airplanes,
with the first action in the AD being an inspection to determine if
affected equipment is installed, because the affected part could be
rotated onto any of the airplanes listed in the applicability.
(2) Although the MCAI states not to install the part identified
in paragraph (h) of this AD after accomplishing the actions
specified in paragraph (g)(2) of this AD, this AD prohibits
installation of the part as of the effective date of this AD.
Other FAA AD Provisions
(j) 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:
Cindy Ashforth, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-2768; 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.
[[Page 74673]]
Related Information
(k) Refer to MCAI Brazilian Airworthiness Directives 2010-06-04
and 2010-06-05, both dated July 26, 2010; EMBRAER Service Bulletin
170-24-0048, Revision 01, dated May 12, 2010; and EMBRAER Service
Bulletin 190-24-0019, Revision 01, dated May 11, 2010; for related
information.
Issued in Renton, Washington, on November 18, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-30140 Filed 11-30-10; 8:45 am]
BILLING CODE 4910-13-P