Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes, 20659-20661 [E9-10302]
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Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0412; Directorate
Identifier 2009–NM–022–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).
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 found the possibility of some
aluminum fasteners having been installed
instead of titanium ones at bulkhead 1 of the
LH (left-hand) and RH (right-hand) pylons of
some [Embraer ERJ 170 and] Embraer ERJ 190
aircraft models.
The unsafe condition is damage to the
hydraulic lines and electrical generator
power cables in the case of bird impact
in the region of bulkhead 1 of the
pylons, which may lead to presence of
fire without indication to the 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 June 4, 2009.
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.
For service information identified in
this proposed AD, contact Empresa
Brasileira de Aeronautica S.A.
(EMBRAER), Technical Publications
VerDate Nov<24>2008
22:30 May 04, 2009
Jkt 217001
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; email: distrib@embraer.com.br; Internet:
https://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
or 425–227–1152.
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:
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–2009–0412; Directorate Identifier
2009–NM–022–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
ˆ
The Agencia Nacional de Aviacao
¸˜
Civil (ANAC), which is the aviation
authority for Brazil, has issued Brazilian
Airworthiness Directive 2008–09–02,
effective September 30, 2008; and
Brazilian Airworthiness Directive 2008–
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
20659
10–04, effective November 10, 2008
(referred to after this as ‘‘the MCAI’’); to
correct an unsafe condition for the
specified products. MCAI 2008–09–02
states:
It has been found the possibility of some
aluminum fasteners having been installed
instead of titanium ones at bulkhead 1 of the
LH (left-hand) and RH (right-hand) pylons of
some Embraer ERJ 190 aircraft models. In the
case of a bird strike in the pylon bulkhead
1 equipped with aluminum fasteners there is
the possibility where the impact may affect
some equipments installed in the region after
the bulkhead 1. Damages to the hydraulic
lines and electrical generator power cables
may lead to presence of fire in the region,
without indication to the flight crew.
*
*
*
*
*
MCAI 2008–10–04 states:
It has been found the possibility of some
aluminum fasteners having been installed
instead of titanium ones at bulkhead 1 of the
LH and RH pylons of some Embraer ERJ 170
aircraft models. The structural integrity of the
region where these fasteners are installed
may be affected in case of bird impact.
*
*
*
*
*
Corrective actions include inspecting for
the presence of aluminum fasteners at
pylon bulkhead 1, and replacing all
aluminum fasteners with titanium
fasteners. You may obtain further
information by examining the MCAI in
the AD docket.
Relevant Service Information
Embraer has issued Service Bulletins
170–54–0007 and 190–54–0008, both
dated December 21, 2007. The actions
described in this service information are
intended to correct the unsafe condition
identified in the MCAI.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
E:\FR\FM\05MYP1.SGM
05MYP1
20660
Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Proposed Rules
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 20 products of U.S. registry. We
also estimate that it would take 2 workhours per product to comply with the
basic requirements of this proposed AD.
The average labor rate is $80 per workhour. Based on these figures, we
estimate the cost of the proposed AD on
U.S. operators to be $3,200, or $160 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,
VerDate Nov<24>2008
22:30 May 04, 2009
Jkt 217001
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.
§ 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–2009–
0412; Directorate Identifier 2009–NM–
022–AD.
Comments Due Date
(a) We must receive comments by June 4,
2009.
Brazilian Airworthiness Directive 2008–10–
04, effective November 10, 2008, states:
It has been found the possibility of some
aluminum fasteners having been installed
instead of titanium ones at bulkhead 1 of the
LH and RH pylons of some Embraer ERJ 170
aircraft models. The structural integrity of the
region where these fasteners are installed
may be affected in case of bird impact.
*
*
*
*
*
Corrective actions include inspecting for the
presence of aluminum fasteners at pylon
bulkhead 1, and replacing all aluminum
fasteners with titanium fasteners.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 5,000 flight cycles after the
effective date of this AD: Inspect the fasteners
in bulkhead 1 of the left- and right-hand
pylons for the presence of aluminum
fasteners, in accordance with Part I of the
Accomplishment Instructions of Embraer
Service Bulletins 170–54–0007 and 190–54–
0008, both dated December 21, 2007; as
applicable. If no aluminum fastener is found,
this AD requires no further action.
(2) If any aluminum fastener is found,
before further flight after the inspection
required by paragraph (f)(1) of this AD:
Replace any aluminum fastener with a
titanium fastener in accordance with Part II
of the Accomplishment Instructions of
Embraer Service Bulletins 170–54–0007 and
190–54–0008, both dated December 21, 2007;
as applicable.
FAA AD Differences
Affected ADs
(b) None.
Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
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, certificated in any category, serial
numbers 17000156 through 17000169
inclusive; and Model ERJ 190–100 ECJ, –100
LR, –100 IGW, –100 STD, –200 STD, –200
LR, and –200 IGW airplanes, certificated in
any category, serial numbers 19000047
through 19000089 inclusive.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Send information to ATTN: Kenny Kaulia,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–2848; fax (425) 227–1149. Before using
any approved AMOC on any airplane to
which the AMOC applies, notify your
principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as
appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
(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,
Subject
(d) Air Transport Association (ATA) of
America Code 54: Nacelles/Pylons.
Reason
(e) Brazilian Airworthiness Directive 2008–
09–02, effective September 30, 2008, states:
It has been found the possibility of some
aluminum fasteners having been installed
instead of titanium ones at bulkhead 1 of the
LH (left-hand) and RH (right-hand) pylons of
some Embraer ERJ 190 aircraft models. In the
case of a bird strike in the pylon bulkhead
1 equipped with aluminum fasteners there is
the possibility where the impact may affect
some equipments installed in the region after
the bulkhead 1. Damages to the hydraulic
lines and electrical generator power cables
may lead to presence of fire in the region,
without indication to the flight crew.
*
PO 00000
*
*
Frm 00031
*
Fmt 4702
*
Sfmt 4702
E:\FR\FM\05MYP1.SGM
05MYP1
Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Proposed Rules
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
Directive 2008–09–02, effective September
30, 2008; MCAI Brazilian Airworthiness
Directive 2008–10–04, effective November
10, 2008; and Embraer Service Bulletins 170–
54–0007 and 190–54–0008, both dated
December 21, 2007; for related information.
Issued in Renton, Washington, on April 27,
2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E9–10302 Filed 5–4–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0411; Directorate
Identifier 2008–NM–190–AD]
RIN 2120–AA64
Airworthiness Directives; Boeing 737–
600, –700, –700C, and –800 Series
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Boeing Model 737–600, –700,
–700C, and –800 series airplanes. This
proposed AD would require repetitive
lubrications of the right and left main
landing gear (MLG) forward trunnion
pins. This proposed AD also would
require an inspection for discrepancies
of the transition radius of the MLG
forward trunnion pins, and corrective
actions if necessary. For certain
airplanes, this proposed AD would also
require repetitive detailed inspections
for discrepancies (including finish
damage, corrosion, pitting, and base
metal scratches) of the transition radius
of the left and right MLG trunnion pins,
and corrective action if necessary.
Replacing or overhauling the trunnion
pins would terminate the actions
required by this AD. This proposed AD
results from a report that the protective
finishes on the forward trunnion pins
for the left and right MLG might have
been damaged during final assembly.
We are proposing this AD to prevent
stress corrosion cracking of the forward
trunnion pins, which could result in
VerDate Nov<24>2008
22:30 May 04, 2009
Jkt 217001
fracture of the pins and consequent
collapse of the MLG.
DATES: We must receive comments on
this proposed AD by June 19, 2009.
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
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P. O. Box 3707, MC 2H–
65, Seattle, Washington 98124–2207;
telephone 206–544–5000, extension 1;
fax 206–766–5680; e-mail
me.boecom@boeing.com; Internet
https://www.myboeingfleet.com.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility 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 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:
Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6440; fax (425) 917–6590.
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–2009–0411; Directorate Identifier
2008–NM–190–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
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
20661
consider all comments received by the
closing date and may amend this
proposed AD because of 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 have received a report indicating
that the protective finishes on the main
landing gear (MLG) forward trunnion
pins might have been damaged during
final assembly of certain Boeing Model
737–600, –700, –700C, and –800 series
airplanes. The protective coating could
be damaged at one location because the
pins were not handled correctly. The
MLG forward trunnion pins may have
been delivered to operators with
compromised corrosion protection in
one critical area: The transition radius
between the chrome-plated outer
diameter and the spherical ball bearing
surface. Damage to the protective finish
puts the base metal of the trunnion pins
at risk from corrosion pitting. This
condition, if not corrected, could lead to
stress corrosion cracking of the forward
trunnion pins, which could result in
fracture of the pins and consequent
collapse of the MLG.
Relevant Service Information
We have reviewed Boeing Special
Attention Service Bulletin 737–32–
1402, dated August 6, 2008. The service
bulletin describes procedures for
repetitive lubrication of the MLG
forward trunnion pins. The service
bulletin states that accomplishing the
inspections and applicable repairs/
replacements described below, or
overhauling the trunnion pins,
eliminates the need for the repetitive
lubrication. The service bulletin also
describes procedures for a detailed
inspection for discrepancies (including
finish damage, corrosion, pitting, and
base metal scratches) of the transition
radius of the left and right MLG
trunnion pins, and applicable corrective
actions. The corrective actions include
repairing the finish if finish damage is
found without corrosion, pitting, or base
metal scratches, and replacing the
trunnion pins. For airplanes on which
the finish repair is done, the service
bulletin describes procedures for
repeating the detailed inspections for
discrepancies of the MLG trunnion pins
and doing applicable corrective actions.
Replacement or overhaul of the
trunnion pins eliminates need for the
actions specified in the service bulletin.
E:\FR\FM\05MYP1.SGM
05MYP1
Agencies
[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Proposed Rules]
[Pages 20659-20661]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10302]
[[Page 20659]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0412; Directorate Identifier 2009-NM-022-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).
-----------------------------------------------------------------------
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 found the possibility of some aluminum fasteners
having been installed instead of titanium ones at bulkhead 1 of the
LH (left-hand) and RH (right-hand) pylons of some [Embraer ERJ 170
and] Embraer ERJ 190 aircraft models.
The unsafe condition is damage to the hydraulic lines and
electrical generator power cables in the case of bird impact in the
region of bulkhead 1 of the pylons, which may lead to presence of fire
without indication to the 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 June 4, 2009.
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.
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:
distrib@embraer.com.br; Internet: https://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 or 425-227-1152.
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: 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-2009-0412;
Directorate Identifier 2009-NM-022-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
The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2008-09-02, effective September 30, 2008; and
Brazilian Airworthiness Directive 2008-10-04, effective November 10,
2008 (referred to after this as ``the MCAI''); to correct an unsafe
condition for the specified products. MCAI 2008-09-02 states:
It has been found the possibility of some aluminum fasteners
having been installed instead of titanium ones at bulkhead 1 of the
LH (left-hand) and RH (right-hand) pylons of some Embraer ERJ 190
aircraft models. In the case of a bird strike in the pylon bulkhead
1 equipped with aluminum fasteners there is the possibility where
the impact may affect some equipments installed in the region after
the bulkhead 1. Damages to the hydraulic lines and electrical
generator power cables may lead to presence of fire in the region,
without indication to the flight crew.
* * * * *
MCAI 2008-10-04 states:
It has been found the possibility of some aluminum fasteners
having been installed instead of titanium ones at bulkhead 1 of the
LH and RH pylons of some Embraer ERJ 170 aircraft models. The
structural integrity of the region where these fasteners are
installed may be affected in case of bird impact.
* * * * *
Corrective actions include inspecting for the presence of aluminum
fasteners at pylon bulkhead 1, and replacing all aluminum fasteners
with titanium fasteners. You may obtain further information by
examining the MCAI in the AD docket.
Relevant Service Information
Embraer has issued Service Bulletins 170-54-0007 and 190-54-0008,
both dated December 21, 2007. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making
[[Page 20660]]
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 20 products of U.S. registry. We also estimate that it
would take 2 work-hours 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 $3,200, or $160 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-
2009-0412; Directorate Identifier 2009-NM-022-AD.
Comments Due Date
(a) We must receive comments by June 4, 2009.
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,
certificated in any category, serial numbers 17000156 through
17000169 inclusive; and Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -
100 STD, -200 STD, -200 LR, and -200 IGW airplanes, certificated in
any category, serial numbers 19000047 through 19000089 inclusive.
Subject
(d) Air Transport Association (ATA) of America Code 54:
Nacelles/Pylons.
Reason
(e) Brazilian Airworthiness Directive 2008-09-02, effective
September 30, 2008, states:
It has been found the possibility of some aluminum fasteners
having been installed instead of titanium ones at bulkhead 1 of the
LH (left-hand) and RH (right-hand) pylons of some Embraer ERJ 190
aircraft models. In the case of a bird strike in the pylon bulkhead
1 equipped with aluminum fasteners there is the possibility where
the impact may affect some equipments installed in the region after
the bulkhead 1. Damages to the hydraulic lines and electrical
generator power cables may lead to presence of fire in the region,
without indication to the flight crew.
* * * * *
Brazilian Airworthiness Directive 2008-10-04, effective November 10,
2008, states:
It has been found the possibility of some aluminum fasteners
having been installed instead of titanium ones at bulkhead 1 of the
LH and RH pylons of some Embraer ERJ 170 aircraft models. The
structural integrity of the region where these fasteners are
installed may be affected in case of bird impact.
* * * * *
Corrective actions include inspecting for the presence of aluminum
fasteners at pylon bulkhead 1, and replacing all aluminum fasteners
with titanium fasteners.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 5,000 flight cycles after the effective date of this
AD: Inspect the fasteners in bulkhead 1 of the left- and right-hand
pylons for the presence of aluminum fasteners, in accordance with
Part I of the Accomplishment Instructions of Embraer Service
Bulletins 170-54-0007 and 190-54-0008, both dated December 21, 2007;
as applicable. If no aluminum fastener is found, this AD requires no
further action.
(2) If any aluminum fastener is found, before further flight
after the inspection required by paragraph (f)(1) of this AD:
Replace any aluminum fastener with a titanium fastener in accordance
with Part II of the Accomplishment Instructions of Embraer Service
Bulletins 170-54-0007 and 190-54-0008, both dated December 21, 2007;
as applicable.
FAA AD Differences
Note 1: 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,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Kenny Kaulia, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-2848; fax (425) 227-1149.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
(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,
[[Page 20661]]
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 Directive 2008-09-02,
effective September 30, 2008; MCAI Brazilian Airworthiness Directive
2008-10-04, effective November 10, 2008; and Embraer Service
Bulletins 170-54-0007 and 190-54-0008, both dated December 21, 2007;
for related information.
Issued in Renton, Washington, on April 27, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-10302 Filed 5-4-09; 8:45 am]
BILLING CODE 4910-13-P