[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Proposed Rules]
[Pages 13539-13541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5723]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0216; Directorate Identifier 2010-NM-197-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model 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:
* * * The pylon internal shear pin was found cracked during a
regular check. Further investigation revealed that the failure
occurred due to hydrogen embrittlement. The ANAC [Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil] is issuing this AD to
prevent insufficient strength of the pylon to wing attachment, which
in combination with an engine imbalance caused by a fan blade out
could cause pylon to wing attachment failure and consequent engine
separation.
* * * * *
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 April 28, 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, 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; phone: 425-227-
2768; fax: 425-227-1149; e-mail: [email protected].
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-2011-0216;
Directorate Identifier 2010-NM-197-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 Directive 2010-08-02, dated September 20, 2010 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
* * * The pylon internal shear pin was found cracked during a
regular check. Further investigation revealed that the failure
occurred due to hydrogen embrittlement. The ANAC [Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil] is issuing this AD to
prevent insufficient strength of the pylon to wing attachment, which
in combination with an engine imbalance caused by a fan blade out
could cause pylon to wing attachment failure and consequent engine
separation.
* * * * *
Required actions include replacing pylon shear pins in the rear
outboard and inboard shear pin assembly in the right- and left-hand
pylons with new parts. You may obtain further information by examining
the MCAI in the AD docket.
Relevant Service Information
EMBRAER has issued Service Bulletins 190-54-0010, dated May 19,
2010; and 190LIN-54-0001, dated June 21, 2010. 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.
[[Page 13540]]
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 73 products of U.S. registry. We also estimate that
it would take about 10 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 $2,360 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 $234,330, or $3,210 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.
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-
2011-0216; Directorate Identifier 2010-NM-197-AD.
Comments Due Date
(a) We must receive comments by April 28, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Empresa Brasileira de Aeronautica S.A.
(EMBRAER) 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 54:
Nacelles/Pylons.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
* * * The pylon internal shear pin was found cracked during a
regular check. Further investigation revealed that the failure
occurred due to hydrogen embrittlement. The ANAC [Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil] is issuing this AD to
prevent insufficient strength of the pylon to wing attachment, which
in combination with an engine imbalance caused by a fan blade out
could cause pylon to wing attachment failure and consequent engine
separation.
* * * * *
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.
Replace Shear Pins
(g) For Model ERJ 190-100 STD, -100 LR, -100 IGW; and ERJ 190-
200 STD, -200 LR, and -200 IGW airplanes: Within 3,000 flight hours
after the effective date of this AD, replace the shear pins having
part number (P/N) 190-15178-003 and P/N 190-15181-003 in the rear
outboard and inboard shear pin assembly in the right- and left-hand
pylons, with new shear pins having P/N 190-15178-005 and P/N 190-
15181-005, respectively, in accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin 190-54-0010, dated May 19,
2010.
(h) For Model ERJ 190-100 ECJ airplanes: Within 3,000 flight
hours or within 12 months after the effective date of this AD,
whichever occurs first, replace the shear pins having P/N 190-15178-
003 and P/N 190-15181-003, in the rear outboard and inboard shear
pin assembly in the right- and left-hand pylons, with new shear pins
having P/N 190-15178-005 and P/N 190-15181-005, respectively, in
accordance with the Accomplishment Instructions of EMBRAER Service
Bulletin 190LIN-54-0001, dated June 21, 2010.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: The MCAI allows credit for previous installation of
internal shear pins in accordance with EMBRAER 190 Aircraft
Maintenance Manual Task 54-50-00-400, Revision 19, dated July 15,
2010. This AD does not allow credit for this task; however, under
the provisions of paragraph (i) of this AD, we will consider
requests for an alternative method of compliance.
Other FAA AD Provisions
(i) 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. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it 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.
Information may be e-mailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
[[Page 13541]]
(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.
Related Information
(j) Refer to MCAI Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) Airworthiness Directive 2010-08-
02, dated September 20, 2010; and EMBRAER Service Bulletins 190-54-
0010, dated May 19, 2010, and 190LIN-54-001, dated June 21, 2010;
for related information.
Issued in Renton, Washington, on March 4, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-5723 Filed 3-11-11; 8:45 am]
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