Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 Airplanes, 13096-13098 [E9-6565]

Download as PDF 13096 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations inspect the ADG identification plate and, as applicable, do the actions of paragraph (f)(1)(ii)(A) or (f)(1)(ii)(B) of this AD. (A) If the identification plate is marked with the symbol ‘‘24–2,’’ no further action is required by this paragraph. (B) If the identification plate is not marked with the symbol ‘‘24–2,’’ modify the ADG wiring in accordance with the Accomplishment Instructions of the service bulletin. (2) For all Model CL–600–2C10 airplanes having SN 10004 and subsequent, and Model CL–600–2D15 and CL–600–2D24 airplanes having SN 15002 and subsequent: As of the effective date of this AD, no ADG part number 604–90800–19 (761339E), having SN 0101 through 0132, 0134 through 0167, 0169 through 0358, 0360 through 0438, 0440 through 0456, 0458 through 0467, 0469, 0471 through 0590, 0592 through 0597, 0599 through 0745, 0747 through 1005, or 1400 through 1439, may be installed on any airplane, unless the identification plate of the ADG is identified with the symbol ‘‘24–2.’’ Note 1: Bombardier Service Bulletin 670BA–24–015, Revision A, dated December 18, 2006, refers to Hamilton Sundstrand Service Bulletin ERPS10AG–24–2, dated February 19, 2004, for further information on identifying the symbol ‘‘24–2.’’ (3) Actions done before the effective date of this AD according to Bombardier Service Bulletin 670BA–24–015, dated May 17, 2004, are considered acceptable for compliance with the corresponding actions specified in this AD, provided the ADG has not been replaced since those actions were done. 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, New York Aircraft Certification Office, 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: Fabio Buttitta, Aerospace Engineer, Airframe & Propulsion Branch, ANE–171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228–7303; fax (516) 794– 5531. 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 FAAapproved 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, VerDate Nov<24>2008 16:51 Mar 25, 2009 Jkt 217001 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 Canadian Airworthiness Directive CF–2008–10, dated February 5, 2008; and Bombardier Service Bulletin 670BA–24–015, Revision A, dated December 18, 2006; for related information. Material Incorporated by Reference (i) You must use Bombardier Service Bulletin 670BA–24–015, Revision A, dated December 18, 2006, 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 ˆ this AD, contact Bombardier, Inc., 400 Cote´ Vertu Road West, Dorval, Quebec H4S 1Y9, Canada; telephone 514–855–5000; fax 514– 855–7401; e-mail thd.crj@aero.bombardier.com; Internet https:// www.bombardier.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 or 425–227–1152. (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: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on March 6, 2009. Linda Navarro, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–6222 Filed 3–25–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0831; Directorate Identifier 2008–NM–051–AD; Amendment 39–15853; AD 2009–06–16] RIN 2120–AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 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 occurrence of failed bearings of the RAT [ram air turbine] generator, which may lead to a RAT generator failure. The RAT generator was designed to provide emergency electrical power to essential systems in case of loss of all other sources of aircraft AC electrical power. * * * * * Loss of emergency electrical power could result in reduced controllability of the airplane during in-flight emergencies. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective April 30, 2009. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 30, 2009. ADDRESSES: You may examine the AD docket on the Internet at https:// 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 August 4, 2008 (73 FR 45178). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: It has been found the occurrence of failed bearings of the RAT [ram air turbine] generator, which may lead to a RAT generator failure. The RAT generator was designed to provide emergency electrical power to essential systems in case of loss of all other sources of aircraft AC electrical power. Loss of emergency electrical power could result in reduced controllability E:\FR\FM\26MRR1.SGM 26MRR1 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations of the airplane during in-flight emergencies. The corrective actions include determining the part number and serial number of the RAT, and reidentifying or replacing the RAT if necessary. 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 from a single commenter. Request To Change Applicability Embraer suggests restricting the applicability specified in paragraph (c) of the NPRM to the affected airplanes ‘‘equipped with a RAT having part number (P/N) 1703781.’’ Embraer did not provide a reason for the request. We do not agree to restrict the applicability as suggested by Embraer. The applicability specified in this AD includes all EMBRAER Model ERJ 170 and ERJ 190 airplanes, because the first action is to determine the part number and serial number of the RAT. Therefore, it is not necessary to restrict the applicability by identifying the part number of the RAT. We have made no change to the AD in this regard. Request To Clarify RAT Part Number Embraer asks that we change the replacement part specification in paragraph (f)(1)(ii) of the NPRM from ‘‘a RAT having P/N 1703781A’’ to ‘‘a RAT not having P/N 1703781.’’ Embraer states that not restricting P/N 1703781A as the only allowable replacement part number will avoid issuing alternative methods of compliance if a new RAT part number is approved in the future. We agree with the intent of the request to change the replacement part number specification in paragraph (f)(1)(ii) of this AD. We have determined that the replacement part should not be restricted to P/N 1703781A only; therefore, we have removed that part number and specified replacing the affected RAT with a serviceable RAT. We have changed paragraph (f)(1)(ii) of this AD accordingly. Request To Add Spares Paragraph Embraer suggests a new paragraph be added to the AD to cover possible spare RATs in stock. Embraer states that, as currently written, airplanes that do not have the affected part installed would be in compliance with the AD. However, the affected part could be installed during performance of airplane maintenance. We do not agree that a spares paragraph should be added to the AD. VerDate Nov<24>2008 16:51 Mar 25, 2009 Jkt 217001 In this AD we require that affected parts be replaced with serviceable parts having a new part number. This new part number is also specified in the Aircraft Illustrated Parts Catalog as replacing the old part number; therefore a spares paragraph is not necessary. We have made no change to the AD in this regard. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the change described previously. We also 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. Costs of Compliance We estimate that this AD will affect 124 products of U.S. registry. We also estimate that it will take about 1 workhour per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $9,920, or $80 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 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 13097 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 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 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 Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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: ■ E:\FR\FM\26MRR1.SGM 26MRR1 13098 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 2009–06–16 Empresa Brasileira de Aeronautica S.A. (Embraer): Amendment 39–15853. Docket No. FAA–2008–0831; Directorate Identifier 2008–NM–051–AD. Effective Date (a) This airworthiness directive (AD) becomes effective April 30, 2009. Affected ADs (b) None. Applicability (c) This AD applies to all EMBRAER Model ERJ 170–100 LR, –100 SE, –100 STD, –100 SU, –200 LR, –200 STD, and –200 SU airplanes; and Model ERJ 190–100 IGW, –100 LR, –100 STD, –100 ECJ, –200 IGW, –200 LR, and –200 STD airplanes; certificated in any category. Subject (d) Air Transport Association (ATA) of America Code 24: Electrical power. Reason (e) The mandatory continuing airworthiness information (MCAI) states: It has been found the occurrence of failed bearings of the RAT [ram air turbine] generator, which may lead to a RAT generator failure. The RAT generator was designed to provide emergency electrical power to essential systems in case of loss of all other sources of aircraft AC electrical power. Loss of emergency electrical power could result in reduced controllability of the airplane during in-flight emergencies. The corrective actions include determining the part number (P/N) and serial number (S/N) of the RAT, and re-identifying or replacing the RAT if necessary. Actions and Compliance (f) Unless already done, do the following actions. (1) Within 1,300 flight hours or 6 months after the effective date of this AD, whichever occurs first, determine the P/N and S/N of the RAT. For airplanes on which a RAT having P/N 1703781 is installed, do the actions specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, as applicable, in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 170–24–0041, Revision 01, dated August 28, 2007; or 190–24–0012, Revision 01, dated August 21, 2007; as applicable. (i) For airplanes on which the S/N on the RAT is 0110, 0150, 0255, or 0354 through 0419: Before further flight, re-identify RAT P/ N 1703781 to P/N 1703781A. (ii) For airplanes on which the S/N on the RAT is 0005, 0101 through 0109, 0111 through 0149, 0151 through 0254, or 0256 through 0353: Within 6,000 flight hours or 26 months after the effective date of this AD, whichever occurs first, replace the affected RAT with a serviceable RAT. (2) Previous accomplishment of the reidentification or replacement of the RAT before the effective date of this AD in accordance with EMBRAER Service Bulletin 170–24–0041 or 190–24–0012, both dated VerDate Nov<24>2008 16:51 Mar 25, 2009 Jkt 217001 May 4, 2007, meets the requirements of (f)(1)(i) and (f)(1)(ii) of this AD, as applicable. FAA AD Differences Note: This AD differs from the MCAI and/ or service information as follows: No difference. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, 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 (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 FAAapproved 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 2007–12–01 and 2007–12–02, both effective January 24, 2008, and EMBRAER Service Bulletins 170–24–0041, Revision 01, dated August 28, 2007; and 190–24–0012, Revision 01, dated August 21, 2007; for related information. Material Incorporated by Reference (i) You must use EMBRAER Service Bulletin 170–24–0041, Revision 01, dated August 28, 2007; or EMBRAER Service Bulletin 190–24–0012, Revision 01, dated August 21, 2007; 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 Sao Jose dos Campos—SP—BRASIL; telephone: +55 12 3927–5852 or +55 12 3309–0732; fax: +55 12 3927–7546; e-mail: distrib@embraer.com.br; Internet: https:// www.flyembraer.com. (3) You may review copies of the service information at the FAA, Transport Airplane PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221 or 425–227–1152. (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: https://www.archives.gov/federal_register/ code_of_federal_regulations/ibr_ locations.html. Issued in Renton, Washington, on March 10, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–6565 Filed 3–25–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 137 Operations in Controlled Airspace Designated for an Airport AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; technical amendment. SUMMARY: This final rule revises an incorrect cross-reference in the regulations regarding operations in controlled airspace designated for an airport. The current regulations crossreference a particular paragraph that no longer exists. This final rule updates the cross-reference so that the reader will be able to find the appropriate weather minimum limitations on visual flight rules for aircraft in controlled airspace near airports. DATES: Effective Date: This final rule is effective March 26, 2009. FOR FURTHER INFORMATION CONTACT: Carl N. Johnson, Flight Standards Office, AFS–820, Federal Aviation Administration, 800 Independence Ave., SW., Washington, DC 20591; telephone (202) 493–5351; e-mail carl.n.johnson@faa.gov. SUPPLEMENTARY INFORMATION: Background On December 17, 1991 (56 FR 65664), an amendment created § 137.43, Operations in controlled airspace designated for an airport. Paragraph (c) of this section contains a reference to paragraph (a)(2) of § 91.157, Special VFR weather minimums. The purpose of the cross-reference is to set out the exceptions for aircraft operating under special visual flight rules (VFR) in E:\FR\FM\26MRR1.SGM 26MRR1

Agencies

[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Rules and Regulations]
[Pages 13096-13098]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6565]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0831; Directorate Identifier 2008-NM-051-AD; 
Amendment 39-15853; AD 2009-06-16]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

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 occurrence of failed bearings of the RAT 
[ram air turbine] generator, which may lead to a RAT generator 
failure. The RAT generator was designed to provide emergency 
electrical power to essential systems in case of loss of all other 
sources of aircraft AC electrical power.
* * * * *
Loss of emergency electrical power could result in reduced 
controllability of the airplane during in-flight emergencies. We are 
issuing this AD to require actions to correct the unsafe condition on 
these products.

DATES: This AD becomes effective April 30, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 30, 
2009.

ADDRESSES: You may examine the AD docket on the Internet at https://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 August 4, 2008 (73 
FR 45178). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found the occurrence of failed bearings of the RAT 
[ram air turbine] generator, which may lead to a RAT generator 
failure. The RAT generator was designed to provide emergency 
electrical power to essential systems in case of loss of all other 
sources of aircraft AC electrical power.

Loss of emergency electrical power could result in reduced 
controllability

[[Page 13097]]

of the airplane during in-flight emergencies. The corrective actions 
include determining the part number and serial number of the RAT, and 
re-identifying or replacing the RAT if necessary. 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 from a single commenter.

Request To Change Applicability

    Embraer suggests restricting the applicability specified in 
paragraph (c) of the NPRM to the affected airplanes ``equipped with a 
RAT having part number (P/N) 1703781.'' Embraer did not provide a 
reason for the request.
    We do not agree to restrict the applicability as suggested by 
Embraer. The applicability specified in this AD includes all EMBRAER 
Model ERJ 170 and ERJ 190 airplanes, because the first action is to 
determine the part number and serial number of the RAT. Therefore, it 
is not necessary to restrict the applicability by identifying the part 
number of the RAT. We have made no change to the AD in this regard.

Request To Clarify RAT Part Number

    Embraer asks that we change the replacement part specification in 
paragraph (f)(1)(ii) of the NPRM from ``a RAT having P/N 1703781A'' to 
``a RAT not having P/N 1703781.'' Embraer states that not restricting 
P/N 1703781A as the only allowable replacement part number will avoid 
issuing alternative methods of compliance if a new RAT part number is 
approved in the future.
    We agree with the intent of the request to change the replacement 
part number specification in paragraph (f)(1)(ii) of this AD. We have 
determined that the replacement part should not be restricted to P/N 
1703781A only; therefore, we have removed that part number and 
specified replacing the affected RAT with a serviceable RAT. We have 
changed paragraph (f)(1)(ii) of this AD accordingly.

Request To Add Spares Paragraph

    Embraer suggests a new paragraph be added to the AD to cover 
possible spare RATs in stock. Embraer states that, as currently 
written, airplanes that do not have the affected part installed would 
be in compliance with the AD. However, the affected part could be 
installed during performance of airplane maintenance.
    We do not agree that a spares paragraph should be added to the AD. 
In this AD we require that affected parts be replaced with serviceable 
parts having a new part number. This new part number is also specified 
in the Aircraft Illustrated Parts Catalog as replacing the old part 
number; therefore a spares paragraph is not necessary. We have made no 
change to the AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously. We also 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.

Costs of Compliance

    We estimate that this AD will affect 124 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 $80 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $9,920, or $80 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 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 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:


[[Page 13098]]


2009-06-16 Empresa Brasileira de Aeronautica S.A. (Embraer): 
Amendment 39-15853. Docket No. FAA-2008-0831; Directorate Identifier 
2008-NM-051-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
30, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100 
SE, -100 STD, -100 SU, -200 LR, -200 STD, and -200 SU airplanes; and 
Model ERJ 190-100 IGW, -100 LR, -100 STD, -100 ECJ, -200 IGW, -200 
LR, and -200 STD airplanes; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 24: 
Electrical power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    It has been found the occurrence of failed bearings of the RAT 
[ram air turbine] generator, which may lead to a RAT generator 
failure. The RAT generator was designed to provide emergency 
electrical power to essential systems in case of loss of all other 
sources of aircraft AC electrical power.

Loss of emergency electrical power could result in reduced 
controllability of the airplane during in-flight emergencies. The 
corrective actions include determining the part number (P/N) and 
serial number (S/N) of the RAT, and re-identifying or replacing the 
RAT if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 1,300 flight hours or 6 months after the effective 
date of this AD, whichever occurs first, determine the P/N and S/N 
of the RAT. For airplanes on which a RAT having P/N 1703781 is 
installed, do the actions specified in paragraphs (f)(1)(i) and 
(f)(1)(ii) of this AD, as applicable, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 170-24-0041, 
Revision 01, dated August 28, 2007; or 190-24-0012, Revision 01, 
dated August 21, 2007; as applicable.
    (i) For airplanes on which the S/N on the RAT is 0110, 0150, 
0255, or 0354 through 0419: Before further flight, re-identify RAT 
P/N 1703781 to P/N 1703781A.
    (ii) For airplanes on which the S/N on the RAT is 0005, 0101 
through 0109, 0111 through 0149, 0151 through 0254, or 0256 through 
0353: Within 6,000 flight hours or 26 months after the effective 
date of this AD, whichever occurs first, replace the affected RAT 
with a serviceable RAT.
    (2) Previous accomplishment of the re-identification or 
replacement of the RAT before the effective date of this AD in 
accordance with EMBRAER Service Bulletin 170-24-0041 or 190-24-0012, 
both dated May 4, 2007, meets the requirements of (f)(1)(i) and 
(f)(1)(ii) of this AD, as applicable.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No difference.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, 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 (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 2007-12-01 
and 2007-12-02, both effective January 24, 2008, and EMBRAER Service 
Bulletins 170-24-0041, Revision 01, dated August 28, 2007; and 190-
24-0012, Revision 01, dated August 21, 2007; for related 
information.

Material Incorporated by Reference

    (i) You must use EMBRAER Service Bulletin 170-24-0041, Revision 
01, dated August 28, 2007; or EMBRAER Service Bulletin 190-24-0012, 
Revision 01, dated August 21, 2007; 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 Sao Jose dos Campos--SP--BRASIL; telephone: +55 12 
3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail: 
distrib@embraer.com.br; Internet: https://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 or 425-227-1152.
    (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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 10, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-6565 Filed 3-25-09; 8:45 am]
BILLING CODE 4910-13-P
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