[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Rules and Regulations]
[Pages 19201-19203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8184]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-1231; Directorate Identifier 2009-NM-212-AD;
Amendment 39-16261; AD 2010-08-06]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes; and Model ERJ 190-100 STD, -100 LR,
-100 IGW, -200 STD, -200 LR, and -200 IGW 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:
It has been found the possibility of missing points of sealant
application on the vapor barrier assembly in the wing stub rear box.
In the event of fuel tank leak in this region associated with an
unsealed vapor barrier assembly, migration of flammable vapors and
fluids to middle electronic bay may occur, which then could lead to
an uncontained fire event if the flammable vapors finds an ignition
source.
* * * * *
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 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 January 5, 2010 (75
FR 260). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
It has been found the possibility of missing points of sealant
application on the vapor barrier assembly in the wing stub rear box.
In the event of fuel tank leak in this region associated with an
unsealed vapor barrier assembly, migration of flammable vapors and
fluids to middle electronic bay may occur, which then could lead to
an uncontained fire event if the flammable vapors finds an ignition
source.
* * * * *
The required actions include a detailed inspection for gaps, voids, or
holes in the sealant. Corrective actions include applying sealant into
any gaps, voids, or holes. You may obtain further
[[Page 19202]]
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 single comment received.
Request To Change Paragraph Reference
The manufacturer, EMBRAER, requests that we revise paragraph (g)(3)
of the NPRM to refer to the inspection specified in paragraph (g)(1) of
the NPRM rather than paragraph (f)(1) as stated in the NPRM, because
the inspection is required by paragraph (g)(1) of the NPRM.
We agree to revise paragraph (g)(3) of the AD to refer to paragraph
(g)(1) of the AD. Paragraph (f)(1) of this AD does not exist and
paragraph (f) has no inspection requirement; paragraph (g)(1) of this
AD contains the AD's only inspection requirement. We have changed
paragraph (g)(3) of the AD accordingly.
Conclusion
We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the change described previously. We determined that this change
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 about 197 products of U.S.
registry. We also estimate that it will take about 5 work-hours 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 $83,725, or $425 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:
2010-08-06 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16261. Docket No. FAA-2009-1231; Directorate Identifier
2009-NM-212-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective May 19,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD; certificated in any category.
(1) 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, serial numbers 17000002, 17000004 through 17000013
inclusive, and 17000015 through 17000235 inclusive.
(2) Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ
190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW
airplanes, serial numbers 19000002, 19000004, 19000006 through
19000108 inclusive, 19000110 through 19000139 inclusive, 19000141
through 19000158 inclusive, 19000160 through 19000176 inclusive,
19000178 through 19000202 inclusive, 19000204 through 19000213
inclusive, and 19000215.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been found the possibility of missing points of sealant
application on the vapor
[[Page 19203]]
barrier assembly in the wing stub rear box. In the event of fuel
tank leak in this region associated with an unsealed vapor barrier
assembly, migration of flammable vapors and fluids to middle
electronic bay may occur, which then could lead to an uncontained
fire event if the flammable vapors finds an ignition source.
* * * * *
The required actions include a detailed inspection for gaps, voids,
or holes in the sealant. Corrective actions include applying sealant
into any gaps, voids, or holes.
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 6,000 flight hours or 24 months after the effective
date of this AD, whichever occurs first, do a detailed inspection of
the vapor barrier assembly in the wing stub rear box for missing
sealant which forms gaps, voids or holes, in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 170-57-0036,
dated March 13, 2009 (for Model ERJ 170-100 LR, -100 STD, -100 SE, -
100 SU, -200 LR, -200 STD, and -200 SU airplanes); or EMBRAER
Service Bulletin 190-57-0027, dated March 18, 2009 (for Model ERJ
190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW
airplanes).
Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate access procedures may be required.''
(2) If the vapor barrier sealant is found to be correctly
applied in accordance with the Accomplishment Instructions of
EMBRAER Service Bulletin 170-57-0036, dated March 13, 2009 (for
Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD,
and -200 SU airplanes); or EMBRAER Service Bulletin 190-57-0027,
dated March 18, 2009 (for Model ERJ 190-100 STD, -100 LR, -100 IGW,
-200 STD, -200 LR, and -200 IGW airplanes); no further action is
required by this AD.
(3) If any vapor barrier sealant is found missing (gaps, voids
or holes) during the inspection required by paragraph (g)(1) of this
AD, before further flight apply sealant into the applicable gaps,
voids, and holes, in accordance with the Accomplishment Instructions
of EMBRAER Service Bulletin 170-57-0036, dated March 13, 2009 (for
Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD,
and -200 SU airplanes); or EMBRAER Service Bulletin 190-57-0027,
dated March 18, 2009 (for Model ERJ 190-100 STD, -100 LR, -100 IGW,
-200 STD, -200 LR, and -200 IGW airplanes).
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 Directives 2009-07-01
and 2009-07-02, both effective July 13, 2009; EMBRAER Service
Bulletin 170-57-0036, dated March 13, 2009; and EMBRAER Service
Bulletin 190-57-0027, dated March 18, 2009; for related information.
Material Incorporated by Reference
(j) You must use EMBRAER Service Bulletin 170-57-0036, dated
March 13, 2009; or EMBRAER Service Bulletin 190-57-0027, dated March
18, 2009; 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 April 1, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-8184 Filed 4-13-10; 8:45 am]
BILLING CODE 4910-13-P