Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes, 36290-36293 [E8-14476]
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36290
Federal Register / Vol. 73, No. 124 / Thursday, June 26, 2008 / Proposed Rules
Regulatory Findings
We have 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 that the 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 supplemental NPRM and placed it
in the AD docket. See the ADDRESSES
section for a location to examine the
regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, 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.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by removing amendment 39–14577 (71
FR 25919, May 3, 2006) and adding the
following new airworthiness directive
(AD):
Airbus: Docket No. FAA–2007–27715;
Directorate Identifier 2006–NM–140–AD.
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Comments Due Date
(a) The FAA must receive comments on
this AD action by July 28, 2008.
Affected ADs
(b) This AD supersedes AD 2006–09–07.
Applicability
(c) This AD applies to all Airbus Model
A330 and A340 airplanes, certificated in any
category.
Note 1: This AD requires revisions to
certain operator maintenance documents to
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15:01 Jun 25, 2008
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include new inspections. Compliance with
these inspections is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired in
the areas addressed by these inspections, the
operator may not be able to accomplish the
inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c),
the operator must request approval for an
alternative method of compliance according
to paragraph (j)(1) of this AD. The request
should include a description of changes to
the required inspections that will ensure the
continued operational safety of the airplane.
Unsafe Condition
(d) This AD results from the issuance of
new and more restrictive service life limits
and structural inspections based on fatigue
testing and in-service findings. We are
issuing this AD to detect and correct fatigue
cracking, accidental damage, or corrosion in
principal structural elements, which could
result in reduced structural integrity of the
airplane.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Restatement of Requirements of AD 2006–
09–07
Airworthiness Limitations Revision
(f) Within 3 months after June 7, 2006 (the
effective date of AD 2006–09–07): Revise the
Airworthiness Limitations Section (ALS) of
the Instructions for Continued Airworthiness
by incorporating into the ALS the documents
in paragraphs (f)(1) and (f)(2) of this AD, as
applicable, until paragraph (h) of this AD is
accomplished.
(1) Airbus Document AI/SE–M4/95A.0089/
97, ‘‘A330 Airworthiness Limitations Items,’’
Issue 12, dated November 1, 2003, as
specified in Section 9–2 of the Airbus A330
Maintenance Planning Document (MPD).
(2) Section 9–1, ‘‘Life limits/Monitored
parts,’’ Revision 05, dated April 7, 2005, of
the Airbus A330 and A340 MPDs.
(g) Except as provided by paragraph (h) or
(j) of this AD: After the actions in paragraph
(f) of this AD have been accomplished, no
alternative inspections or inspection
intervals may be approved for the structural
elements specified in the documents listed in
paragraph (f) of this AD.
New Requirements of This AD
ALS Revision
(h) Within 3 months after the effective date
of this AD: Revise the ALS of the Instructions
for Continued Airworthiness to incorporate
the documents specified in paragraphs (h)(1)
and (h)(2) of this AD, as applicable.
Accomplishing the revision in this paragraph
terminates the requirements in paragraph (f)
of this AD.
(1) Airbus Document AI/SE–M4/95A.0089/
97, ‘‘A330 Airworthiness Limitation Items
(ALI),’’ Issue 15, dated March 26, 2007; or
Airbus Document AI/SE–M4/95A.0051/97,
‘‘A340 Airworthiness Limitations Items,’’
Issue 10, dated February 1, 2007.
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(2) Sub-part 1–2 ‘‘Life Limits,’’ and Subpart 1–3 ‘‘Demonstrated Fatigue Lives,’’ of
Airbus A330 or A340 ALS Part 1, ‘‘Safe Life
Airworthiness Limitation Items,’’ Revision
01, dated March 30, 2007, as applicable.
(i) After accomplishing the actions
specified in paragraph (h) of this AD, no
alternative inspections/limitation tasks or
inspection/limitation task intervals may be
used unless the inspections/limitation tasks
or inspection/limitation task intervals are
part of a later approved revision of the
documents specified in paragraphs (h)(1) and
(h)(2) of this AD, as applicable, that is
approved by the Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA; or unless the inspection/
limitation task or inspection/limitation task
interval is approved as an alternative method
of compliance (AMOC) in accordance with
the procedures specified in paragraph (j)(1) of
this AD.
Alternative Methods of Compliance
(AMOCs)
(j)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
Related Information
(k) European Aviation Safety Agency
airworthiness directives 2008–0023, dated
February 6, 2008, 2007–0133, dated May 11,
2007, and 2007–0158, dated June 4, 2007;
also address the subject of this AD.
Issued in Renton, Washington, on June 13,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–14480 Filed 6–25–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–28377; Directorate
Identifier 2007–NM–063–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and ERJ
190 Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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Federal Register / Vol. 73, No. 124 / Thursday, June 26, 2008 / Proposed Rules
Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
ACTION:
FOR FURTHER INFORMATION CONTACT:
SUMMARY: We are revising an earlier
NPRM for the products listed above.
This action revises the earlier NPRM by
expanding the scope. 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:
Periodic operational check of the firewall
hydraulic shutoff valves, 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 loss of hydraulic
pressure or spread of an engine fire
beyond the firewall. 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 July 21, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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.
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Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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.
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Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1405; 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–2007–28377; Directorate Identifier
2007–NM–063–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 https://
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
We proposed to amend 14 CFR part
39 with an earlier NPRM for the
specified products, which was
published in the Federal Register on
June 25, 2007 (72 FR 34648). That
earlier NPRM proposed to require
actions intended to address the unsafe
condition for the products listed above.
Since that NPRM was issued, we
added Model 190–200 STD, –200 LR,
and –200 IGW airplanes to the U.S. type
certificate data sheet (TCDS). We
determined that this model is also
affected by the identified unsafe
condition. We revised paragraph (c) of
this supplemental NPRM to include this
model. In addition, we revised the Costs
of Compliance paragraph of this
supplemental NPRM to include
additional U.S.-registered airplanes of
this model.
ˆ
In addition, Agencia Nacional de
Aviacao Civil (ANAC), which is the
¸˜
aviation authority for Brazil, has issued
Brazilian Airworthiness Directives
2007–02–01R1 and 2007–02–02R1, both
effective August 27, 2007 (referred to
after this as ‘‘the MCAI’’), to correct an
unsafe condition for the specified
products. The revised MCAI adds a
reference to hydraulic shutoff valve, P/
N 975287–5. (This reference is
explained in a comment from
EMBRAER, which is discussed below.)
The MCAI states:
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36291
Periodic operational check of the firewall
hydraulic shutoff valves, 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 loss of hydraulic
pressure or 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.
Relevant Service Information
EMBRAER has issued Service
Bulletins 170–29–0013 and 190–29–
0008, both Revision 01, both dated July
24, 2007. The actions described in this
service information are intended to
correct the unsafe condition identified
in the MCAI.
Comments
We have considered the following
comments received on the earlier
NPRM.
Request To Add New Affected Part
Number
EMBRAER requests that we add P/N
975287–5 to the applicability statement.
EMBRAER states that P/N 975287–3
(specified in the original NPRM) is reidentified to P/N 975287–5 without any
changes in its design when doing the
actions of EMBRAER Service Bulletins
170–29–0015 and 190–29–0011, both
dated May 11, 2007 (these service
bulletins were not referenced in the
NPRM).
We agree to add a reference to the
new part number to this supplemental
NPRM since hydraulic shutoff valves
having that part number are subject to
the identified unsafe condition. As
discussed previously, ANAC has issued
revised MCAI to address this new part
number. Accordingly, we have revised
paragraphs (c) and (f) of this
supplemental NPRM to include a
reference to P/N 975287–5.
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
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36292
Federal Register / Vol. 73, No. 124 / Thursday, June 26, 2008 / Proposed Rules
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.
Certain changes described above
expand the scope of the earlier NPRM.
As a result, we have determined that it
is necessary to reopen the comment
period to provide additional
opportunity for the public to comment
on this proposed 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 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 145 products of U.S.
registry. We also estimate that it would
take about 1 work-hour per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $80 per work-hour. Based on
these figures, we estimate the cost of the
proposed AD on U.S. operators to be
$11,600, or $80 per product, per
inspection cycle.
Authority for This Rulemaking
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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, 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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Empresa Brasileira De Aeronautica S.A.
(EMBRAER): Docket No. FAA–2007–
28377; Directorate Identifier 2007–NM–
063–AD.
Comments Due Date
(a) We must receive comments by July 21,
2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to 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, –200 STD, –200 LR, and –200
IGW airplanes; 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, 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 loss of hydraulic pressure or 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, 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 does not operate properly, 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 check is: ‘‘A task to determine
that an item is fulfilling its intended purpose.
The check does not require quantitative
tolerances. This is a failure finding task.’’
TABLE 1.—EMBRAER SERVICE INFORMATION
EMBRAER Service Bulletin
Revision level
170–29–0013 .....................................................
170–29–0013 .....................................................
190–29–0008 .....................................................
Original .............................................................
01 .....................................................................
Original .............................................................
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Date
December 13, 2006.
July 24, 2007.
December 13, 2006.
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Federal Register / Vol. 73, No. 124 / Thursday, June 26, 2008 / Proposed Rules
36293
TABLE 1.—EMBRAER SERVICE INFORMATION—Continued
EMBRAER Service Bulletin
Revision level
190–29–0008 .....................................................
01 .....................................................................
July 24, 2007.
FAA AD Differences
ANM–116, FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1405; fax (425) 227–1149. Before using
any approved AMOC on any airplane to
which the AMOC applies, notify your
appropriate principal inspector (PI) in the
FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
(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,
the Office of Management and Budget (OMB)
has approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Note 2: This AD differs from the MCAI
and/or service information as follows: No
Differences.
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: Sanjay Ralhan,
Aerospace Engineer, International Branch,
Date
Related Information
(h) Refer to MCAI Brazilian Airworthiness
Directives 2007–02–01R1 and 2007–02–02R1,
both effective August 27, 2007; and the
service information listed in Table 2 of this
AD for related information.
TABLE 2.—EMBRAER SERVICE INFORMATION
EMBRAER Service Bulletin
170–29–0013
170–29–0013
190–29–0008
190–29–0008
Revision level
.....................................................
.....................................................
.....................................................
.....................................................
Issued in Renton, Washington, on June 12,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–14476 Filed 6–25–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Part 88
Office of Global Health Affairs;
Regulation on the Organizational
Integrity of Entities Implementing
Leadership Act Programs and
Activities
AGENCY:
Office of Global Health Affairs,
HHS.
Proposed rule; reopening of
comment period.
rfrederick on PROD1PC67 with PROPOSALS
ACTION:
SUMMARY: The Office of Global Health
Affairs within the U.S. Department of
Health and Human Services (HHS) is
reopening the period to submit
comments on the proposed rule,
published in the Federal Register of
April 17, 2008. The proposed rule
describes the separation that must exist
between a recipient of HHS funds to
implement HIV/AIDS programs and
activities under the United States
Leadership Against HIV/AIDS,
VerDate Aug<31>2005
15:01 Jun 25, 2008
Jkt 214001
Date
Original .............................................................
01 .....................................................................
Original .............................................................
01 .....................................................................
December 13, 2006.
July 24, 2007.
December 13, 2006.
July 24, 2007.
Tuberculosis and Malaria Act of 2003
(the ‘‘Leadership Act’’), Public Law No.
108–25 (May 27, 2003), and an affiliate
organization that engages in activities
that are not consistent with a policy
opposing prostitution and sex
trafficking, as required under section
301(f) of the Leadership Act.
DATES: Submit written or electronic
comments on the proposed rule by July
28, 2008.
ADDRESSES: You may submit written
comments to the following address: U.S.
Department of Health and Human
Services, Office of Global Health Affairs,
Room 639H, 200 Independence Avenue,
SW., Washington, DC 20201. Comments
will be available for public inspection
Monday through Friday, except for legal
holidays, from 9 a.m. until 5 p.m., at
Room 639H, 200 Independence Avenue,
SW., Washington, DC 20201. Please call
ahead to 1–202–690–6174, and ask for a
representative in the Office of Global
Health Affairs to schedule your visit.
Written comments are also accepted
electronically via the Internet at https://
www.regulations.gov. You can also
download an electronic version of the
NPRM at https://www.regulations.gov.
HHS/OGHA has also posted the NPRM
and related materials to its Web site at
the following Internet address: https://
www.globalhealth.gov/.
FOR FURTHER INFORMATION CONTACT:
William R. Steiger, PhD, Office of Global
Health Affairs, Hubert H. Humphrey
Building, Room 639H, 200
Independence Avenue, SW.,
Washington, DC 20201.
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In the
Federal Register of April 17, 2008 (73
FR 20901), HHS published a proposed
rule that describes the separation that
must exist between a recipient of HHS
funds to implement HIV/AIDS programs
and activities under the Leadership Act
and an affiliate organization that
engages in activities that are not
consistent with a policy opposing
prostitution and sex trafficking, as
required under section 301(f) of the
Leadership Act. HHS invited
stakeholders and other interested parties
to comment on the proposed rule by
May 19, 2008. One commenter noted a
technical error in the proposed rule.
HHS issued a notice of correction in the
Federal Register of May 20, 2008 (73 FR
29096). Since HHS was unable to issue
the notice of correction before the
comment period ended, HHS is
reopening the comment period for 30
days in order to allow the commenter
and other interested persons to submit
supplemental comments.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Proposed Rules]
[Pages 36290-36293]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14476]
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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]
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.
[[Page 36291]]
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: We are revising an earlier NPRM for the products listed above.
This action revises the earlier NPRM by expanding the scope. 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:
Periodic operational check of the firewall hydraulic shutoff
valves, 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 loss
of hydraulic pressure or spread of an engine fire beyond the firewall.
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 July 21, 2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://
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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
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: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1405; 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-2007-
28377; Directorate Identifier 2007-NM-063-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 https://
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
We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on June
25, 2007 (72 FR 34648). That earlier NPRM proposed to require actions
intended to address the unsafe condition for the products listed above.
Since that NPRM was issued, we added Model 190-200 STD, -200 LR,
and -200 IGW airplanes to the U.S. type certificate data sheet (TCDS).
We determined that this model is also affected by the identified unsafe
condition. We revised paragraph (c) of this supplemental NPRM to
include this model. In addition, we revised the Costs of Compliance
paragraph of this supplemental NPRM to include additional U.S.-
registered airplanes of this model.
In addition, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(ANAC), which is the aviation authority for Brazil, has issued
Brazilian Airworthiness Directives 2007-02-01R1 and 2007-02-02R1, both
effective August 27, 2007 (referred to after this as ``the MCAI''), to
correct an unsafe condition for the specified products. The revised
MCAI adds a reference to hydraulic shutoff valve, P/N 975287-5. (This
reference is explained in a comment from EMBRAER, which is discussed
below.) The MCAI states:
Periodic operational check of the firewall hydraulic shutoff
valves, 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 loss
of hydraulic pressure or 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.
Relevant Service Information
EMBRAER has issued Service Bulletins 170-29-0013 and 190-29-0008,
both Revision 01, both dated July 24, 2007. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.
Comments
We have considered the following comments received on the earlier
NPRM.
Request To Add New Affected Part Number
EMBRAER requests that we add P/N 975287-5 to the applicability
statement. EMBRAER states that P/N 975287-3 (specified in the original
NPRM) is re-identified to P/N 975287-5 without any changes in its
design when doing the actions of EMBRAER Service Bulletins 170-29-0015
and 190-29-0011, both dated May 11, 2007 (these service bulletins were
not referenced in the NPRM).
We agree to add a reference to the new part number to this
supplemental NPRM since hydraulic shutoff valves having that part
number are subject to the identified unsafe condition. As discussed
previously, ANAC has issued revised MCAI to address this new part
number. Accordingly, we have revised paragraphs (c) and (f) of this
supplemental NPRM to include a reference to P/N 975287-5.
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
[[Page 36292]]
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.
Certain changes described above expand the scope of the earlier
NPRM. As a result, we have determined that it is necessary to reopen
the comment period to provide additional opportunity for the public to
comment on this proposed 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 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 145 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $11,600, or $80 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 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, 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-
2007-28377; Directorate Identifier 2007-NM-063-AD.
Comments Due Date
(a) We must receive comments by July 21, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to 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, -200 STD, -200 LR, and -200 IGW
airplanes; 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, 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
loss of hydraulic pressure or 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, 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 does not operate properly, 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 check is: ``A
task to determine that an item is fulfilling its intended purpose.
The check does not require quantitative tolerances. This is a
failure finding task.''
Table 1.--EMBRAER Service Information
------------------------------------------------------------------------
EMBRAER Service Bulletin Revision level Date
------------------------------------------------------------------------
170-29-0013..................... Original.......... December 13, 2006.
170-29-0013..................... 01................ July 24, 2007.
190-29-0008..................... Original.......... December 13, 2006.
[[Page 36293]]
190-29-0008..................... 01................ July 24, 2007.
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FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: No Differences.
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: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-1405; fax (425) 227-1149.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(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, 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-
01R1 and 2007-02-02R1, both effective August 27, 2007; and the
service information listed in Table 2 of this AD for related
information.
Table 2.--EMBRAER Service Information
------------------------------------------------------------------------
EMBRAER Service Bulletin Revision level Date
------------------------------------------------------------------------
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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Issued in Renton, Washington, on June 12, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-14476 Filed 6-25-08; 8:45 am]
BILLING CODE 4910-13-P
