Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes; and Model ERJ 190-100 LR, -100 IGW, -100 STD, -200 STD, -200 LR, and -200 IGW Airplanes, 26315-26317 [E9-12802]

Download as PDF Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 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 European Union Airworthiness Directive 2008–0212, dated December 4, 2008; and Airbus Mandatory Service Bulletin A310–53–2124, Revision 02, dated May 22, 2008; for related information. Issued in Renton, Washington, on May 15, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–12740 Filed 6–1–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0497; Directorate Identifier 2009–NM–019–AD] RIN 2120–AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes; and Model ERJ 190–100 LR, –100 IGW, –100 STD, –200 STD, –200 LR, and –200 IGW Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: 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 cracks developing in the ram air turbine (RAT) machined support, located in the forward compartment [zone 124] of [the] aircraft, due to downlock pin not [being] pull[ed] during its retraction. In case of RAT failure or malfunction, it will not provide electrical power to essential systems of [the] aircraft in [an] electrical emergency situation. * * * * * Lack of electrical power could result in reduced controllability of the airplane. The proposed AD would require actions that are intended to VerDate Nov<24>2008 16:00 Jun 01, 2009 Jkt 217001 address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by July 2, 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, 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 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. 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 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 26315 this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2009–0497; Directorate Identifier 2009–NM–019–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 Directives 2008–10–05 and 2008–10–06, both dated November 10, 2008 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: It has been found the possibility of cracks developing in the ram air turbine (RAT) machined support, located in the forward compartment [zone 124] of [the] aircraft, due to downlock pin not [being] pull[ed] during its retraction. In case of RAT failure or malfunction, it will not provide electrical power to essential systems of [the] aircraft in [an] electrical emergency situation. * * * * * Lack of electrical power could result in reduced controllability of the airplane. Corrective actions include a detailed visual inspection for cracking of the RAT machined support, replacing the support with a new part if any crack is found, and reinforcing or replacing the support if no crack is found. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Embraer has issued Service Bulletins 170–53–0057, dated February 21, 2008; and 190–53–0027, dated February 18, 2008. 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 E:\FR\FM\02JNP1.SGM 02JNP1 26316 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a Note within the proposed AD. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 163 products of U.S. registry. We also estimate that it would take about 60 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Required parts would cost about $7,535 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $2,010,605, or $12,335 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 VerDate Nov<24>2008 16:00 Jun 01, 2009 Jkt 217001 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. § 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– 0497; Directorate Identifier 2009–NM– 019–AD. Comments Due Date (a) We must receive comments by July 2, 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 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 airplanes, serial numbers 17000002, 17000004 through 17000013 inclusive, and 17000015 through 17000208 inclusive; and Model ERJ 190–100 LR, –100 IGW, –100 STD, –200 STD, –200 LR, and –200 IGW airplanes, serial numbers 19000002, 19000004, and 19000006 through 19000152 inclusive; certificated in any category. Subject (d) Air Transport Association (ATA) of America Code 53: Fuselage. Reason (e) The mandatory continuing airworthiness information (MCAI) states: It has been found the possibility of cracks developing in the ram air turbine (RAT) machined support, located in the forward compartment [zone 124] of [the] aircraft, due to downlock pin not [being] pull[ed] during its retraction. In case of RAT failure or malfunction, it will not provide electrical power to essential systems of [the] aircraft in [an] electrical emergency situation. * * * * * Lack of electrical power could result in reduced controllability of the airplane. Corrective actions include a detailed visual inspection for cracking of the RAT machined support, replacing the support with a new part if any crack is found, and reinforcing or replacing the support if no crack is found. Actions and Compliance (f) Unless already done, do the following actions. Within 600 flight hours after the effective date of this AD: Perform a detailed visual inspection for cracks in the RAT machined support, in accordance with the Accomplishment Instructions in Embraer Service Bulletin 170–53–0057, dated February 21, 2008; or Embraer Service Bulletin 190–53–0027, dated February 18, 2008; as applicable. (1) If no crack is found, at the earlier of the times specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, install reinforcements in the RAT machined support or replace the RAT machined support with a new support having part number 170–18676–405, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 170– 53–0057, dated February 21, 2008; or Embraer Service Bulletin 190–53–0027, dated February 18, 2008; as applicable. (i) Within 5,000 flight hours after accomplishing the inspection required by paragraph (f) of this AD. (ii) Before further flight after the next two RAT deployments—which can be a flight deployment or a maintenance review board task procedure—after accomplishing the inspection required by paragraph (f) of this AD. (2) If any cracking is found, before further flight, replace the RAT machined support with a new support having part number 170– 18676–405, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 170–53–0057, dated February 21, 2008; or Embraer Service Bulletin 190–53–0027, dated February 18, 2008; as applicable. E:\FR\FM\02JNP1.SGM 02JNP1 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules FAA AD Differences DEPARTMENT OF TRANSPORTATION Note 1: This AD differs from the MCAI and/or service information as follows: Although the MCAI or service information allows further flight after cracks are found during compliance with the required action, paragraph (f)(2) of this AD requires that you replace any cracked lug of the RAT machined support with a new support before further flight. Federal Aviation Administration 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, 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, the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information ˆ (h) Refer to MCAI Agencia Nacional de Aviacao Civil (ANAC) Airworthiness ¸˜ Directives 2008–10–05 and 2008–10–06, both dated November 10, 2008; Embraer Service Bulletin 170–53–0057, dated February 21, 2008; and Embraer Service Bulletin 190–53– 0027, dated February 18, 2008; for related information. Issued in Renton, Washington, on May 20, 2009. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–12802 Filed 6–1–09; 8:45 am] BILLING CODE 4910–13–P VerDate Nov<24>2008 16:00 Jun 01, 2009 Jkt 217001 14 CFR Part 39 [Docket No. FAA–2009–0454; Directorate Identifier 2008–NM–156–AD] RIN 2120–AA64 Airworthiness Directives; Boeing Model 747–400, 747–400D, and 747– 400F Series Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 747–400, 747–400D, and 747–400F series airplanes. For all airplanes, this proposed AD would require installing new pump control and time delay relays, doing related investigative and corrective actions if necessary, and changing the wiring for the center and main fuel tanks override/ jettison fuel pumps; and, for certain airplanes, installing new relays and wiring for the horizontal stabilizer override/jettison fuel pumps. This proposed AD would also require a revision to the maintenance program to incorporate Airworthiness Limitation No. 28–AWL–24 and No. 28–AWL–26. For certain airplanes, this proposed AD would also require installing an automatic shutoff system for the horizontal stabilizer tank fuel pumps and installing a new integrated display system. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent uncommanded operation of certain override/jettison pumps which could cause overheat, electrical arcs, or frictional sparks, and could lead to an ignition source inside a fuel tank. This condition, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane. DATES: We must receive comments on this proposed AD by July 17, 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– PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 26317 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: Jon Regimbal, Aerospace Engineer, Propulsion Branch, ANM–140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6506; 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–2009–0454; Directorate Identifier 2008–NM–156–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 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 The FAA has examined the underlying safety issues involved in fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the E:\FR\FM\02JNP1.SGM 02JNP1

Agencies

[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Proposed Rules]
[Pages 26315-26317]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12802]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0497; Directorate Identifier 2009-NM-019-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 Airplanes; and Model ERJ 190-100 LR, -100 IGW, 
-100 STD, -200 STD, -200 LR, and -200 IGW 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 cracks developing in the 
ram air turbine (RAT) machined support, located in the forward 
compartment [zone 124] of [the] aircraft, due to downlock pin not 
[being] pull[ed] during its retraction. In case of RAT failure or 
malfunction, it will not provide electrical power to essential 
systems of [the] aircraft in [an] electrical emergency situation.
* * * * *
    Lack of electrical power could result in reduced controllability of 
the airplane. 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 2, 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, 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-2009-0497; 
Directorate Identifier 2009-NM-019-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 Directives 2008-10-05 and 2008-10-06, both dated November 
10, 2008 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    It has been found the possibility of cracks developing in the 
ram air turbine (RAT) machined support, located in the forward 
compartment [zone 124] of [the] aircraft, due to downlock pin not 
[being] pull[ed] during its retraction. In case of RAT failure or 
malfunction, it will not provide electrical power to essential 
systems of [the] aircraft in [an] electrical emergency situation.
* * * * *
Lack of electrical power could result in reduced controllability of the 
airplane. Corrective actions include a detailed visual inspection for 
cracking of the RAT machined support, replacing the support with a new 
part if any crack is found, and reinforcing or replacing the support if 
no crack is found. You may obtain further information by examining the 
MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Service Bulletins 170-53-0057, dated February 
21, 2008; and 190-53-0027, dated February 18, 2008. 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

[[Page 26316]]

MCAI and service information referenced above. We are proposing this AD 
because we evaluated all pertinent information and determined an unsafe 
condition exists and is likely to exist or develop on other products of 
the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 163 products of U.S. registry. We also estimate that 
it would take about 60 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $7,535 per product. Where 
the service information lists required parts costs that are covered 
under warranty, we have assumed that there will be no charge for these 
costs. As we do not control warranty coverage for affected parties, 
some parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $2,010,605, or $12,335 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-
2009-0497; Directorate Identifier 2009-NM-019-AD.

Comments Due Date

    (a) We must receive comments by July 2, 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, serial 
numbers 17000002, 17000004 through 17000013 inclusive, and 17000015 
through 17000208 inclusive; and Model ERJ 190-100 LR, -100 IGW, -100 
STD, -200 STD, -200 LR, and -200 IGW airplanes, serial numbers 
19000002, 19000004, and 19000006 through 19000152 inclusive; 
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

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

    It has been found the possibility of cracks developing in the 
ram air turbine (RAT) machined support, located in the forward 
compartment [zone 124] of [the] aircraft, due to downlock pin not 
[being] pull[ed] during its retraction. In case of RAT failure or 
malfunction, it will not provide electrical power to essential 
systems of [the] aircraft in [an] electrical emergency situation.
* * * * *
Lack of electrical power could result in reduced controllability of 
the airplane. Corrective actions include a detailed visual 
inspection for cracking of the RAT machined support, replacing the 
support with a new part if any crack is found, and reinforcing or 
replacing the support if no crack is found.

Actions and Compliance

    (f) Unless already done, do the following actions. Within 600 
flight hours after the effective date of this AD: Perform a detailed 
visual inspection for cracks in the RAT machined support, in 
accordance with the Accomplishment Instructions in Embraer Service 
Bulletin 170-53-0057, dated February 21, 2008; or Embraer Service 
Bulletin 190-53-0027, dated February 18, 2008; as applicable.
    (1) If no crack is found, at the earlier of the times specified 
in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, install 
reinforcements in the RAT machined support or replace the RAT 
machined support with a new support having part number 170-18676-
405, in accordance with the Accomplishment Instructions of Embraer 
Service Bulletin 170-53-0057, dated February 21, 2008; or Embraer 
Service Bulletin 190-53-0027, dated February 18, 2008; as 
applicable.
    (i) Within 5,000 flight hours after accomplishing the inspection 
required by paragraph (f) of this AD.
    (ii) Before further flight after the next two RAT deployments--
which can be a flight deployment or a maintenance review board task 
procedure--after accomplishing the inspection required by paragraph 
(f) of this AD.
    (2) If any cracking is found, before further flight, replace the 
RAT machined support with a new support having part number 170-
18676-405, in accordance with the Accomplishment Instructions of 
Embraer Service Bulletin 170-53-0057, dated February 21, 2008; or 
Embraer Service Bulletin 190-53-0027, dated February 18, 2008; as 
applicable.

[[Page 26317]]

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    Although the MCAI or service information allows further flight 
after cracks are found during compliance with the required action, 
paragraph (f)(2) of this AD requires that you replace any cracked 
lug of the RAT machined support with a new support before further 
flight.

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, 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, 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 Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) Airworthiness Directives 2008-10-
05 and 2008-10-06, both dated November 10, 2008; Embraer Service 
Bulletin 170-53-0057, dated February 21, 2008; and Embraer Service 
Bulletin 190-53-0027, dated February 18, 2008; for related 
information.

    Issued in Renton, Washington, on May 20, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-12802 Filed 6-1-09; 8:45 am]
BILLING CODE 4910-13-P
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