[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Proposed Rules]
[Pages 2279-2281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-584]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-1310; Directorate Identifier 2010-NM-067-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 reported during operational checks that some
failures of the Escape Slide * * * installed on the forward
passenger and service door have occurred which prevented the door
from opening.
* * * [T]his condition * * * could delay an emergency evacuation
and increase the chance of injury to passengers and flight crew * *
*.
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 February 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: 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:
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-2010-1310;
Directorate Identifier 2010-NM-067-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 2009-11-01, dated November 30, 2009, applicable
to Model ERJ 170 airplanes; and Airworthiness Directive 2009-08-02,
dated August 18, 2009, applicable to Model ERJ 190 airplanes; (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products.
MCAI 2009-11-01 states:
It has been reported during operational checks that some
failures of the Escape Slide P/N [part number] 4A4030-2 and P/N
4A4030-4 installed on the forward passenger and service door have
occurred which prevented the door from opening.
Since this condition * * * could delay an emergency evacuation
and increase the chance of injury to passengers and flight crew, a
corrective action is required.
MCAI 2009-08-02 states:
It has been reported during operational checks some failures in
the deployment of the Escape Slide P/N 104003-1 installed in the
forward passenger and service door, preventing the door opening.
Since this condition * * * could impede an emergency evacuation
and increase the chance of injury to passengers and flight crew, a
corrective action is required.
The required actions include modifying the escape slides of the
forward passenger and service doors, and doing boroscope inspections
for damage of the aspirator body and inlet cross valve. Corrective
actions include replacing the aspirator body. You may obtain further
information by examining the MCAI in the AD docket.
Relevant Service Information
Goodrich Interiors has issued Service Bulletin 4A4030-25A379, dated
August 10, 2009, for Model ERJ 170 airplanes; and Service Bulletin
104003-25A380, Revision 2, dated July 7, 2009, 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
[[Page 2280]]
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 236 products of U.S. registry. We also estimate that
it would take about 12 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 $240,720, or $1,020 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-
2010-1310; Directorate Identifier 2010-NM-067-AD.
Comments Due Date
(a) We must receive comments by February 28, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Empresa Brasileira de Aeronautica S.A.
(EMBRAER) airplanes as identified in paragraphs (c)(1) and (c)(2) of
this AD, certificated in any category.
(1) 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; equipped with Goodrich escapes slide having part number
(P/N) 4A4030-2 or P/N 4A4030-4.
(2) 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; equipped with Goodrich escapes slide having P/N 104003-1.
Subject
(d) Air Transport Association (ATA) of America Code 25:
Equipment/furnishings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been reported during operational checks that some
failures of the Escape Slide * * * installed on the forward
passenger and service door have occurred which prevented the door
from opening.
* * * [T]his condition * * * could delay an emergency evacuation
and increase the chance of injury to passengers and flight crew * *
*.
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 18 months after the effective date of this AD, modify
the forward escape slide and do a boroscope inspection of the
aspirator body and inlet cross valve, in accordance with the
Accomplishment Instructions of the Goodrich service bulletin
identified in paragraph (g)(1) or (g)(2) of this AD, as applicable.
Do all applicable corrective actions before further flight.
(1) For any forward door escape slide having P/N 4A4030-2 or P/N
4A4030-4: Goodrich Service Bulletin 4A4030-25A379, dated August 10,
2009.
(2) For any forward door escape slide having P/N 104003-1:
Goodrich Service Bulletin 104003-25A380, Revision 2, dated July 7,
2009.
Credit for Actions Accomplished in Accordance With Previous Service
Information
(h) Actions accomplished before the effective date of this AD in
accordance with Goodrich Service Bulletin 104003-25A380, Revision 1,
dated April 15, 2009, are considered acceptable for compliance with
the corresponding action specified in this AD.
Parts Installation
(i) After 6 months from the effective date of this AD, no
airplane may operate with the forward door escape slide having P/N
4A4030-2 or P/N 4A4030-4 (for Model ERJ 170 airplanes), or P/N
104003-1 (for Model
[[Page 2281]]
ERJ 190 airplanes), on which 18 months or more has elapsed from the
slide date of manufacture (for slides that have not been repacked)
or the date of last slide repack (for slides that have been
repacked).
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows:
No differences.
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:
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 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.
(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: A Federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.,
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.
Related Information
(k) Refer to MCAI Brazilian Airworthiness Directive 2009-11-01,
dated November 30, 2009; MCAI Brazilian Airworthiness Directive
2009-08-02, dated August 18, 2009; Goodrich Service Bulletin 4A4030-
25A379, dated August 10, 2009; and Goodrich Service Bulletin 104003-
25A380, Revision 2, dated July 7, 2009; for related information.
Issued in Renton, Washington, on January 6, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-584 Filed 1-12-11; 8:45 am]
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