[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Rules and Regulations]
[Pages 19193-19196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7804]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28377; Directorate Identifier 2007-NM-063-AD;
Amendment 39-16257; AD 2010-08-02]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and 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:
Periodic operational check of the firewall hydraulic shutoff
valves [FWSOV], made during routine maintenance, has revealed that
the failure rate of that component is significantly higher than
expected. Such a dormant failure, when combined with further
possible failures, such as engine fire, may lead to an unacceptable
reduction of safety margins.
The unsafe condition is failure of the firewall hydraulic shutoff
valve, which, in combination with an engine fire, could result in the
spread of an engine fire beyond the firewall. We are issuing this AD to
require actions to correct the unsafe condition on these products.
DATES: This AD becomes effective May 19, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of May 19, 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 supplemental notice of proposed rulemaking (NPRM) to
amend 14 CFR part 39 to include an AD that would apply to the specified
products. That supplemental NPRM was published in the Federal Register
on June 26, 2008 (73 FR 36290). That supplemental NPRM proposed to
correct an unsafe condition for the specified products.
Since that NPRM was issued, Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority for
Brazil, has issued Brazilian Airworthiness Directives 2007-02-01R2, and
2007-02-02R2, both effective July 17, 2009. The revised MCAI references
suitable hydraulic shutoff valves for replacement valves. (This change
is explained further in a comment from EMBRAER, which is discussed
below.) The MCAI states:
Periodic operational check of the firewall hydraulic shutoff
valves [FWSOV], made during routine maintenance, has revealed that
the failure rate of that component is significantly higher than
expected. Such a dormant failure, when combined with further
possible failures, such as engine fire, may lead to an unacceptable
reduction of safety margins.
The unsafe condition is failure of the firewall hydraulic shutoff
valve, which, in combination with an engine fire, could result in the
spread of an engine fire beyond the firewall. The MCAI requires
repetitive operational checks of the firewall hydraulic shutoff valve,
and if necessary, replacement of the valve. 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 Revise Unsafe Condition Statement
EMBRAER requests that we revise the description of the unsafe
condition.
[[Page 19194]]
EMBRAER explains that loss of hydraulic pressure, as stated in the
supplemental NPRM, is an expected result when the firewall hydraulic
shutoff valves fail to close when commanded to close. The failure mode
for the valve results in the valve not closing when commanded to close.
When the valve does not close, then a fire can spread beyond the
firewall.
We agree to revise the unsafe condition statement to remove the
phrase ``loss of hydraulic pressure,'' and have revised the statements
in the preamble and paragraph (e) of the AD accordingly.
Request To Add an Optional Terminating Action
EMBRAER also requests that we add replacing an affected valve with
a new valve, P/N 975287-7, as an optional terminating action for the
600-flight-hour-interval inspections required by paragraph (f) of the
supplemental NPRM. EMBRAER adds that a service bulletin to install this
new valve should be issued soon.
We agree to add the replacement discussed by the commenter as an
optional terminating action. We received new service bulletins, EMBRAER
Service Bulletin 190-29-0021 and 170-29-0024, both dated December 22,
2008, that describe replacement instructions for the valves and explain
that replacement with P/N 975287-7 returns the repetitive interval to
the original 3,000 flight hours specified in the relevant maintenance
review board report. We also received revised Brazilian ADs 2007-02-
01R2 and 2007-02-02R2, both effective July 17, 2009, which provide for
the use of other valves bearing a new part number in replacing faulty
valves. We have added paragraph (f)(2) to this AD to provide an
optional terminating action for the requirements of paragraph (f)(1) of
this AD. We have also re-identified paragraph (f) of the supplemental
NPRM as paragraph (f)(1) of this AD.
Revision to Paragraph (f)(1) of This AD
We have revised the language in paragraph (f)(1) of this AD from
``If the valve does not operate properly, * * *'' to ``If the valve
fails the operational test,'' as described in the applicable service
bulletin listed in Table 1 of this AD. This change more closely aligns
with the phrasing used in the MCAI referenced in this AD.
Explanation of Changes to Applicability
We have revised the applicability of the supplemental NPRM to
clarify affected airplane categories and identify model designations as
published in the most recent type certificate data sheet (TCDS) for the
affected models. Since we issued the original NPRM, the Model ERJ 190-
100 ECJ airplane was added to the U.S. TCDS. This model is also
affected by the identified unsafe condition. There are no airplanes of
this model currently registered in the United States.
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 supplemental 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 145 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 $12,325, or $85 per product, per
inspection cycle.
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,
[[Page 19195]]
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:
2010-08-02 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16257. Docket No. FAA-2007-28377; Directorate
Identifier 2007-NM-063-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective May 19,
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, -100 SU, -200 LR,
-200 STD, and -200 SU airplanes; and Model ERJ 190-100 STD, -100 LR,
-100 IGW, -100 ECJ, -200 STD, -200 LR, and -200 IGW airplanes;
certificated in any category; equipped with firewall hydraulic
shutoff valves having part number (P/N) 975287-3 or P/N 975287-5.
Subject
(d) Air Transport Association (ATA) of America Code 29:
Hydraulic power.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Periodic operational check of the firewall hydraulic shutoff
valves [FWSOV], made during routine maintenance, has revealed that
the failure rate of that component is significantly higher than
expected. Such a dormant failure, when combined with further
possible failures, such as engine fire, may lead to an unacceptable
reduction of safety margins.
The unsafe condition is failure of the firewall hydraulic shutoff
valve, which, in combination with an engine fire, could result in
the spread of an engine fire beyond the firewall. The MCAI requires
repetitive operational checks of the firewall hydraulic shutoff
valve, and if necessary, replacement of the valve.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within the next 600 flight hours after the effective date of
this AD, perform an operational test for proper operation of the
firewall hydraulic shutoff valves P/N 975287-3 or P/N 975287-5, as
applicable, in accordance with the applicable service bulletin
listed in Table 1 of this AD. If the valve fails the operational
test, as described in the applicable service bulletin listed in
Table 1 of this AD, before further flight, replace the faulty
hydraulic shutoff valve with another one bearing P/N 975287-3 or P/N
975287-5. Repeat the test thereafter at intervals that do not exceed
600 flight hours.
Note 1: For the purpose of this AD, an operational test is: ``A
task to determine that an item is fulfilling its intended purpose.
The test does not require quantitative tolerances. This is a failure
finding task.''
Table 1--Embraer Service Information
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EMBRAER Service Bulletin-- Revision-- Dated--
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170-29-0013............................ Original....................... December 13, 2006.
170-29-0013............................ 01............................. July 24, 2007.
190-29-0008............................ Original....................... December 13, 2006.
190-29-0008............................ 01............................. July 24, 2007.
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(2) Replacing a firewall hydraulic shutoff valve having P/N
975287-3 or P/N 975287-5 with a valve having P/N 975287-7, in
accordance with the Accomplishment Instructions of EMBRAER Service
Bulletin 190-29-0021 or 170-29-0024, both dated December 22, 2008,
as applicable, terminates the requirements of paragraph (f)(1) of
this AD for that valve.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service
information as follows: A final solution has been identified since
the MCAI were issued and we are providing it as an optional
terminating action in this AD. This difference has been coordinated
with Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC).
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, 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, FAA,
Transport Airplane Directorate, 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 2007-02-
01R2 and 2007-02-02R2, both effective July 17, 2009; and the service
information listed in Table 2 of this AD; for related information.
Table 2--Embraer Service Information
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EMBRAER Service Bulletin-- Revision-- Dated--
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170-29-0013............................ Original....................... December 13, 2006.
170-29-0013............................ 01............................. July 24, 2007.
170-29-0024............................ Original....................... December 22, 2008.
190-29-0008............................ Original....................... December 13, 2006.
190-29-0008............................ 01............................. July 24, 2007.
190-29-0021............................ Original....................... December 22, 2008.
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[[Page 19196]]
Material Incorporated by Reference
(i) You must use the applicable service information specified in
Table 3 of this AD to do the actions required by this AD, unless the
AD specifies otherwise. If you accomplish the optional actions
specified by this AD, you must use EMBRAER Service Bulletin 190-29-
0021, dated December 22, 2008; or EMBRAER Service Bulletin 170-29-
0024, dated December 22, 2008; as applicable; to perform those
actions, unless the AD specifies otherwise.
Table 3--Material Incorporated by Reference for Actions Required by This AD
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EMBRAER Service Bulletin-- Revision-- Dated--
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170-29-0013............................ Original....................... December 13, 2006.
170-29-0013............................ 01............................. July 24, 2007.
190-29-0008............................ Original....................... December 13, 2006.
190-29-0008............................ 01............................. July 24, 2007.
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EMBRAER Service Bulletin 170-29-0013, Revision 01, contains the
following effective pages:
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Revision level shown
Page number on page Date shown on page
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1-5, 10........ 01.................. July 24, 2007.
6-9............ Original............ December 13, 2006.
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EMBRAER Service Bulletin 190-29-0008, Revision 01, contains the
following effective pages:
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Revision level shown
Page number on page Date shown on page
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1-5, 10........ 01.................. July 24, 2007.
6-9............ Original............ December 13, 2006.
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(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 March 25, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-7804 Filed 4-13-10; 8:45 am]
BILLING CODE 4910-13-P