[Federal Register Volume 75, Number 57 (Thursday, March 25, 2010)]
[Rules and Regulations]
[Pages 14333-14335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6518]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0274; Directorate Identifier 2010-NM-055-AD;
Amendment 39-16248; AD 2010-07-04]
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; request for comments.
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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 determined that due to an intermittent communication
between AMS [Air Management System] controller cards and both
Secondary Power Distribution Assemblies (SPDAs) the message ``RECIRC
SMK DET FAIL'' is displayed in the Engine Indication and Crew
Alerting System (EICAS). This communication failure could result in
loss of automatic activation of engine inlet ice protection system
when in ice condition. In this situation the caution messages ``A-I
Eng 1 Fail'' and ``A-I Eng 2 Fail'' will be displayed and if the
flight crews do not follow the associated procedures ice may accrete
in the engines inlet and cause a dual engine shut down.
* * * * *
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective April 9, 2010.
We must receive comments on this AD by May 10, 2010.
ADDRESSES: You may send comments by any of the following methods:
[[Page 14334]]
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.
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 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:
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 2010-01-01 and 2010-01-02, both effective
January 31, 2010 (referred to after this as ``the MCAI''), to correct
an unsafe condition for the specified products. The MCAI states:
It has been determined that due to an intermittent communication
between AMS [Air Management System] controller cards and both
Secondary Power Distribution Assemblies (SPDAs) the message ``RECIRC
SMK DET FAIL'' is displayed in the Engine Indication and Crew
Alerting System (EICAS). This communication failure could result in
loss of automatic activation of engine inlet ice protection system
when in ice condition. In this situation the caution messages ``A-I
Eng 1 Fail'' and ``A-I Eng 2 Fail'' will be displayed and if the
flight crews do not follow the associated procedures ice may accrete
in the engines inlet and cause a dual engine shut down.
* * * * *
The required action includes revising the Limitations section of the
airplane flight manual to prohibit dispatch with message ``RECIRC SMK
DET FAIL'' displayed on the ground unless troubleshooting action
confirms the message has not been triggered due to a failure of an AMS
controller card. You may obtain further information by examining the
MCAI in the AD docket.
FAA's Determination and Requirements of This 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between the 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 FAA policies. Any such differences are
highlighted in a NOTE within the AD.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because an
intermittent communication failure between AMS controller cards and
both SPDAs could result in the loss of automatic activation of the
engine inlet ice protection system when in icing conditions. In this
situation, the caution messages ``A-I Eng 1 Fail'' and ``A-I Eng 2
Fail'' will be displayed. If the flight crews do not follow the
associated procedures, ice may accrete in the engines' inlet and cause
a dual engine shut down. Therefore, we determined that notice and
opportunity for public comment before issuing this AD are impracticable
and that good cause exists for making this amendment effective in fewer
than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2010-0274; Directorate
Identifier 2010-NM-055-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
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 AD.
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;
[[Page 14335]]
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.
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:
2010-07-04 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16248. Docket No. FAA-2010-0274; Directorate Identifier
2010-NM-055-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective April 9,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU
airplanes; Model ERJ 170-200 LR, -200 SU, and -200 STD airplanes;
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; equipped with Air Management System
(AMS) controller cards having part number 1001050-1-YYY or 1001050-
2-YYY containing software version Black Label 08 or lower installed.
Subject
(d) Air Transport Association (ATA) of America Code 26: Fire
protection.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
It has been determined that due to an intermittent communication
between AMS [Air Management System] controller cards and both
Secondary Power Distribution Assemblies (SPDAs) the message ``RECIRC
SMK DET FAIL'' is displayed in the Engine Indication and Crew
Alerting System (EICAS). This communication failure could result in
loss of automatic activation of engine inlet ice protection system
when in ice condition. In this situation the caution messages ``A-I
Eng 1 Fail'' and ``A-I Eng 2 Fail'' will be displayed and if the
flight crews do not follow the associated procedures ice may accrete
in the engines inlet and cause a dual engine shut down.
* * * * *
The required action includes revising the Limitations section of the
airplane flight manual to prohibit dispatch with message ``RECIRC
SMK DET FAIL'' displayed on the ground unless troubleshooting action
confirms the message has not been triggered due to a failure of an
AMS controller card.
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 10 days after the effective date of this AD, revise
the Limitations section of the airplane flight manual (AFM) to
include the following statement. This may be done by inserting a
copy of this AD in the AFM.
``Dispatch with the message `RECIRC SMK DET FAIL' displayed on
the ground is prohibited unless troubleshooting action confirms the
message has not been triggered due to a failure of an AMS controller
card.''
Note 1: When a statement identical to that in paragraph (g) of
this AD has been included in the general revisions of the AFM, the
general revisions may be inserted into the AFM, and the copy of this
AD may be removed from the AFM.
Note 2: The limitation and procedure specified in paragraph (g)
of this AD is an interim solution until a final action is
identified, at which time the FAA might consider further rulemaking.
FAA AD Differences
Note 3: 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:
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.
(i) Special Flight Permits: We are prohibiting the issuance of
special flight permits to operate the airplane to a location to
replace the AMS controller card, unless the following condition is
met: The flight crew must manually engage the engine anti-ice system
if icing conditions occur during any ferry flight.
Related Information
(j) Refer to MCAI Brazilian Airworthiness Directives 2010-01-01
and 2010-01-02, both effective January 31, 2010, for related
information.
Material Incorporated by Reference
(k) None.
Issued in Renton, Washington, on March 16, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-6518 Filed 3-24-10; 8:45 am]
BILLING CODE 4910-13-P