Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes, 41642-41646 [E9-19655]

Download as PDF 41642 Proposed Rules Federal Register Vol. 74, No. 158 Tuesday, August 18, 2009 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0687; Directorate Identifier 2009–NM–033–AD] RIN 2120–AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes cprice-sewell on DSKDVH8Z91PROD with PROPOSALS 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 that would supersede an existing AD. 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 occurrence of two events of aircraft being dispatched with the cargo door opened without indication. In one of the events the aircraft took off with the cargo door opened. The unsafe condition is a cargo door opening during flight, which could result in reduced structural integrity and consequent rapid decompression 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 September 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– VerDate Nov<24>2008 14:36 Aug 17, 2009 Jkt 217001 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 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, FAA, Transport Airplane Directorate, 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–2009–0687; Directorate Identifier 2009–NM–033–AD’’ at the beginning of your comments. We specifically invite PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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 On April 17, 2007, we issued AD 2007–06–53, Amendment 39–15035 (72 FR 21088, April 30, 2007). That AD requires actions intended to address an unsafe condition on the products listed above. The preamble to AD 2007–06–53 specifies that we consider the requirements ‘‘interim action’’ and that the manufacturer is developing a modification to address the unsafe condition. That AD explains that we might consider further rulemaking if a modification is developed, approved, and available. The manufacturer now has developed such a modification, and we have determined that further rulemaking is indeed necessary; this proposed AD follows from that determination. ˆ The Agencia Nacional de Aviacao ¸˜ Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directives 2007–03– 01R1, effective June 9, 2008, and 2007– 03–02R2, effective November 21, 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 occurrence of two events of aircraft being dispatched with the cargo door opened without indication. In one of the events the aircraft took off with the cargo door opened. The unsafe condition is a cargo door opening during flight, which could result in reduced structural integrity and consequent rapid decompression of the airplane. Required actions include repetitive inspections of the forward and aft cargo doors to detect signs of interference between the lock handle and the aft edge liner assembly and reworking the assembly; a one-time inspection for signs of damage of the lateral roller fitting on the forward and aft cargo door frames at the fuselage and E:\FR\FM\18AUP1.SGM 18AUP1 Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Proposed Rules replacement of the roller if necessary, and modification of the cargo door, which ends the repetitive inspections. After accomplishing the modification, the actions include incorporating information into the maintenance program to include the operational (OPC) and functional (FNC) checks of the forward and aft cargo doors and accomplishing repetitive OPC and FNC checks. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Embraer has issued Alert Service Bulletins 170–52–A036 (for Model ERJ 170 airplanes) and 190–52–A018 (for Model ERJ 190 airplanes); both Revision 01, both dated March 23, 2007. Embraer Alert Service Bulletins 170–52–A036 and 190–52–A018, both dated March 12, 2007, were referred to in the existing AD for accomplishing the required actions. No additional work is necessary for airplanes on which the original issue of the service information has been done. Embraer has also issued Service Bulletins 170–52–0041, Revision 01, dated June 13, 2008, and 170–52–0044, dated January 18, 2008 (for Model ERJ 170 airplanes); and Service Bulletins 190–52–0023, Revision 02, dated March 11, 2008, and 190–52–0027 dated March 20, 2008 (for Model ERJ 190 airplanes). The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our 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. cprice-sewell on DSKDVH8Z91PROD with PROPOSALS 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 VerDate Nov<24>2008 14:36 Aug 17, 2009 Jkt 217001 provided in the MCAI and related service information. We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a note within the proposed AD. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 145 products of U.S. registry. The actions that are required by AD 2007–06–53 and retained in this proposed AD take about 1 work-hour per product, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the currently required actions is $80 per product. We estimate that it would take about 7 work-hours per product to comply with the new basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Required parts would cost about $17,162 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 $2,569,690, or $17,722 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 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 41643 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 removing Amendment 39–15035 (72 FR 21088, April 30, 2007) and adding the following new AD: Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA–2009– 0687; Directorate Identifier 2009–NM– 033–AD. Comments Due Date (a) We must receive comments by September 17, 2009. Affected ADs (b) The proposed AD supersedes AD 2007– 06–53, Amendment 39–15035. Applicability (c) This AD applies to EMBRAER Model ERJ 170–100 LR, –100 STD, –100 SE, –100 SU, –200 LR, –200 STD, and –200 SU airplanes; and ERJ 190–100 STD, –100 LR, –100 IGW, –200 LR, –200 STD, and –200 IGW airplanes; certificated in any category. Subject (d) Air Transport Association (ATA) of America Code 52: Doors. E:\FR\FM\18AUP1.SGM 18AUP1 41644 Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Proposed Rules Reason (e) The mandatory continuing airworthiness information (MCAI) states: It has been found the occurrence of two events of aircraft being dispatched with the cargo door opened without indication. In one of the events the aircraft took off with the cargo door opened. The unsafe condition is a cargo door opening during flight, which could result in reduced structural integrity and consequent rapid decompression of the airplane. Required actions include repetitive inspections of the forward and aft cargo doors to detect signs of interference between the lock handle and the aft edge liner assembly and reworking the assembly; a one-time inspection for signs of damage of the lateral roller fitting on the forward and aft cargo door frames at the fuselage and replacement of the roller if necessary, and modification of the cargo door, which ends the repetitive inspections. After accomplishing the modification, the actions include incorporating information into the maintenance program to include the operational (OPC) and functional (FNC) checks of the forward and aft cargo doors and accomplishing repetitive OPC and FNC checks. Compliance (f) Required as indicated, unless accomplished previously. Restatement of Requirements of AD 2007– 06–53, With New Service Information cprice-sewell on DSKDVH8Z91PROD with PROPOSALS Preflight Verification of Correct Door Closure (g) For Model ERJ 170–100 LR, –100 STD, –100 SE, –100 SU, –200 LR, –200 STD, and –200 SU airplanes; and ERJ 190–100 STD, –100 LR, and –100 IGW airplanes: As of 24 hours after May 7, 2007 (the effective date of AD 2007–06–53), before each flight after closing the cargo doors, verify that the forward and aft cargo doors are closed flush with the fuselage skin, and that all 4 latched and locked indicators at the bottom of each door are green. Persons qualified to do this verification are mechanics and flightcrew members. If it cannot be verified that both doors are closed flush with the fuselage skin, and that all 4 latched and locked indicators at the bottom of each door are green, repair before further flight. Repeat the verification before every flight until accomplishment of the actions required by paragraph (h) of this AD. Inspection for Interference and Damage (h) For Model ERJ 170–100 LR, –100 STD, –100 SE, –100 SU, –200 LR, –200 STD, and –200 SU airplanes; and ERJ 190–100 STD, –100 LR, and –100 IGW airplanes: Within 10 days after May 7, 2007, do the actions specified in paragraphs (h)(1), (h)(2), and (h)(3) of this AD, in accordance with the Accomplishment Instructions of Embraer Alert Service Bulletins 170–52–A036 (for Model ERJ 170 airplanes) or 190–52–A018 (for Model ERJ 190 airplanes), both dated March 12, 2007; or Revision 01, both dated March 23, 2007; as applicable. As of the effective date of this AD, use Revision 01 of the service bulletins. (1) Remove the roller fitting cover plate on the forward and aft cargo door frames. VerDate Nov<24>2008 14:36 Aug 17, 2009 Jkt 217001 (2) Perform a detailed inspection of the forward and aft cargo doors to detect signs of interference between the lock handle and the aft edge liner assembly. Then rework the aft edge liner assembly at the applicable time specified in paragraph (h)(2)(i) or (h)(2)(ii) of this AD. (i) If any sign of interference is detected: Rework the assembly before further flight. (ii) If no sign of interference is detected: Rework the assembly within 150 flight cycles after the inspection. (3) Perform a detailed inspection for signs of damage of the lateral roller fitting on the forward and aft cargo door frames at the fuselage. If any damage is found, replace the lateral roller fitting before further flight with a new roller fitting having the same part number, in accordance with the applicable service bulletin. (4) Actions done before May 7, 2007, in accordance with Embraer Alert Service Bulletin 170–52–A036 or 190–52–A018, both dated March 12, 2007, are acceptable for compliance with the corresponding requirements of this AD. Note 1: For the purposes of this AD, a detailed inspection is: ‘‘An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.’’ Note 2: Embraer Alert Service Bulletins 170–52–A036 and 190–52–A018 refer to Embraer Service Bulletins 170–50–0006 and 190–50–0006, respectively, as additional sources of service information for the rework and roller fitting cover plate removal. Embraer Service Bulletins 170–50–0006 and 190–50–0006 are currently at Revision 01, dated March 13, 2007. Repetitive Inspections for Damage (i) For Model ERJ 170–100 LR, –100 STD, –100 SE, –100 SU, –200 LR, –200 STD, and –200 SU airplanes; and ERJ 190–100 STD, –100 LR, and –100 IGW airplanes: Repeat the inspection specified in paragraph (h)(3) of this AD at intervals not to exceed 150 flight cycles until the terminating action specified in paragraph (k)(3) of this AD has been accomplished. Parts Installation (j) For Model ERJ 170–100 LR, –100 STD, –100 SE, –100 SU, –200 LR, –200 STD, and –200 SU airplanes; and ERJ 190–100 STD, –100 LR, and –100 IGW airplanes: As of May 7, 2007, no person may install a roller fitting cover plate on the forward and aft cargo door frames on any airplane. New Requirements of This AD: Actions and Compliance (k) Unless already done, do the following actions. (1) For Model ERJ 190–200 LR, –200 STD, and –200 IGW airplanes: As of 24 hours after the effective date of this AD, before each flight after closing the cargo doors, verify that the forward and aft cargo doors are closed PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 flush with the fuselage skin, and that all 4 latched and locked indicators at the bottom of each door are green. Persons qualified to do this verification are mechanics and flightcrew members. If it cannot be verified that both doors are closed flush with the fuselage skin, and that all 4 latched and locked indicators at the bottom of each door are green, repair before further flight. Repeat the verification before every flight until accomplishment of the actions required by paragraph (k)(2) of this AD. (2) For Model ERJ 190–200 LR, –200 STD, and –200 IGW airplanes: Within 10 days after the effective date of this AD, do the actions specified in paragraphs (k)(2)(i), (k)(2)(ii), and (k)(2)(iii) of this AD, in accordance with the Accomplishment Instructions of Embraer Alert Service Bulletin 190–52–A018, Revision 01, dated March 23, 2007. Repeat the inspection specified in paragraph (k)(2)(iii) of this AD at intervals not to exceed 150 flight cycles until the terminating action specified in paragraph (k)(3) of this AD has been accomplished. (i) Remove the roller fitting cover plate on the forward and aft cargo door frames. (ii) Perform a detailed inspection of the forward and aft cargo doors to detect signs of interference between the lock handle and the aft edge liner assembly. Then rework the aft edge liner assembly at the applicable time specified in paragraph (k)(2)(ii)(A) or (k)(2)(ii)(B) of this AD. (A) If any sign of interference is detected: Rework the assembly before further flight. (B) If no sign of interference is detected: Rework the assembly within 150 flight cycles after the inspection. (iii) Perform a detailed inspection for signs of damage of the lateral roller fitting on the forward and aft cargo door frames at the fuselage. If any damage is found, replace the lateral roller fitting before further flight with a new roller fitting having the same part number, in accordance with Embraer Alert Service Bulletin 190–52–A018, Revision 01, dated March 23, 2007. (3) For all airplanes: Within 5,000 flight cycles after the effective date of this AD, do the actions specified in paragraphs (k)(3)(i) and (k)(3)(ii) of this AD on the forward and aft cargo doors. Accomplishing the actions in this paragraph terminates the repetitive inspections required by paragraphs (i) and (k)(2) of this AD. (i) Relocate the cargo door closed indication sensor in accordance with the Accomplishment Instructions of Embraer Service Bulletin 170–52–0041, Revision 01, dated June 13, 2008; or 190–52–0023, Revision 02, dated March 11, 2008; as applicable. (ii) Modify the cargo door lock handle mechanism and replace the forward and aft cargo door roller fittings having part number (P/N) 170–92569–401 and 170–85452–401 with new fittings having P/N 170–92569–403 and 170–85452–403, as applicable. Do the modification in accordance with the Accomplishment Instructions of Embraer Service Bulletins 170–52–0044, dated January 18, 2008; or 190–52–0027, dated March 20, 2008; as applicable. (4) Actions done before the effective date of this AD in accordance with Embraer E:\FR\FM\18AUP1.SGM 18AUP1 41645 Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Proposed Rules Service Bulletin 170–52–0041, dated September 6, 2007; or 190–52–0023, dated September 6, 2007, or Revision 01, dated December 6, 2007; as applicable; are acceptable for compliance with the corresponding requirements of this AD. (5) Within 12 months after the effective date of this AD or 12 months after accomplishing the modification required by paragraph (k)(3) of this AD, whichever occurs later: Incorporate information into the maintenance program to include the operational (OPC) and functional (FNC) checks of the forward and aft cargo doors; in accordance with a method approved by the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or the ˆ Agencia Nacional de Aviacao Civil (or its ¸˜ delegated agent). Within 6,000 flight hours after doing the actions required by paragraph (k)(3) of this AD, do the OPC and FNC checks and repeat the checks thereafter at intervals not to exceed 6,000 flight hours. Note 3: Guidance on the OPC and FNC checks specified in paragraph (k)(5) of this AD can be found in Table 1 of this AD, as applicable. TABLE 1—OPC AND FNC GUIDANCE Manual— Task— Date— Embraer 170 Aircraft Maintenance Manual ..................................................................................... 52–31–00–710–801–A/500 52–31–20–720–801–A/500 52–32–00–710–801–A/500 52–32–20–720–801–A/500 52–31–00–710–801–A/500 52–31–20–720–801–A/500 52–32–00–710–801–A/500 52–32–20–720–801–A/500 July July July July July July July July Embraer 190 Aircraft Maintenance Manual ..................................................................................... Note 4: For the purposes of this AD, a functional check (FNC) is: ‘‘A quantitative check to determine if one or more functions of an item perform within specified limits.’’ Note 5: For the purposes of this AD, an operational check (OPC) is: ‘‘A task to determine if an item is fulfilling its intended purpose. Since it is a failure finding task, it does not require quantitative tolerances.’’ FAA AD Differences Note 6: This AD differs from the MCAI and/or service information as follows: Where the MCAI includes a compliance time of ‘‘after accomplishment of the modification’’ for revising the maintenance program for Model ERJ–170 airplanes, we have determined that a compliance time of ‘‘within 12 months after the effective date of the AD or within 12 months after accomplishment of the modification, whichever occurs later’’ is appropriate. This compliance time is equivalent to the compliance time required for Model ERJ–190 airplanes. The manufacturer and ANAC agree with this compliance time. Other FAA AD Provisions (l) 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, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; 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. The AMOC approval letter must specifically reference this AD. AMOCs approved previously in accordance with AD 2007–06– 15, 15, 15, 15, 15, 15, 15, 15, 2008. 2008. 2008. 2008. 2008. 2008. 2008. 2008. 53, are approved as AMOCs for the corresponding provisions of paragraph (i) of this AD. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: 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 (m) Refer to Brazilian Airworthiness Directives 2007–03–01R1, dated June 9, 2008, and 2007–03–02R2, dated November 21, 2008; and the service information contained in Table 2 of this AD for related information. TABLE 2—SERVICE INFORMATION Service Bulletin cprice-sewell on DSKDVH8Z91PROD with PROPOSALS Embraer Embraer Embraer Embraer Embraer Embraer Revision Alert Service Bulletin 170–52–A036 ............................................................................................... Alert Service Bulletin 190–52–A018 ............................................................................................... Service Bulletin 170–52–0041 ........................................................................................................ Service Bulletin 170–52–0044 ........................................................................................................ Service Bulletin 190–52–0023 ........................................................................................................ Service Bulletin 190–52–0027 ........................................................................................................ VerDate Nov<24>2008 14:36 Aug 17, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\18AUP1.SGM 01 01 01 Original 02 Original 18AUP1 Date March 23, 2007. March 23, 2007. June 13, 2008. January 18, 2008. March 11, 2008. March 20, 2008. 41646 Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Proposed Rules Issued in Renton, Washington, on August 7, 2009. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–19655 Filed 8–17–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 168 [Docket No. USCG–2006–23556, Formerly CGD91–202a] RIN 1625–AA10, Formerly RIN 2115–AE56 Escort Vessels in Certain U.S. Waters Coast Guard, DHS. Proposed rule; withdrawal. AGENCY: ACTION: cprice-sewell on DSKDVH8Z91PROD with PROPOSALS SUMMARY: The Coast Guard is withdrawing its proposed rule concerning the extension of escort vessel requirements in place for single hulled oil tankers in Prince William Sound, Alaska, and Puget Sound, Washington, to other U.S. waters and to other types of vessels. The Coast Guard has concluded that a rulemaking of national scope, such as this, is neither necessary nor advisable given the existence of more locally oriented options for considering escort vessel requirements. DATES: The proposed rule is withdrawn on August 18, 2009. ADDRESSES: The docket for this withdrawn rulemaking is available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, 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. You may also find this docket on the Internet by going to https://www.regulations.gov, selecting the Advanced Docket Search option on the right side of the screen, inserting USCG–2006–23556 in the Docket ID box, pressing Enter, and then clicking on the item in the Docket ID column. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice, call Lieutenant Bryson Spangler at (202) 372–1357. If you have questions on viewing material in the docket, call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 14:36 Aug 17, 2009 Jkt 217001 Background The Coast Guard has broad authority under the Ports and Waterways Safety Act (PWSA, 33 U.S.C. 1221 et seq.) to control vessel traffic in navigable waters of the United States. In addition, section 4116(c) of the Oil Pollution Act of 1990 (OPA 90, Pub. L. 101–380) required the Coast Guard to initiate a rulemaking ‘‘to define those areas [including Prince William Sound, Alaska and Puget Sound, Washington] on which single hulled tankers over 5,000 gross tons transporting oil in bulk shall be escorted by at least two towing vessels * * * or other vessels considered appropriate by the Secretary.’’ The present rulemaking was opened in response to the OPA 90 § 4116(c) requirement and also in order to consider escort vessel requirements under PWSA. This rulemaking was split off from another rulemaking in 1993; for the history of the parent rulemaking see its final rule (70 FR 55728, Sep. 23, 2005). For this rulemaking, we previously published an advance notice of proposed rulemaking (ANPRM; 58 FR 25766, Apr. 27, 1993), a notice of meeting and request for comments (59 FR 65741, Dec. 21, 1994), and a notice of withdrawal and request for comments (73 FR 20232, Apr. 15, 2008). Further background information appears in the April 2008 notice. The April 2008 notice proposed the withdrawal of this rulemaking, based on our tentative conclusion that nationwide Coast Guard action to extend statutory escort vessel requirements is not advisable, and that escort vessel requirements for waters other than Puget and Prince William Sounds, or for vessels other than single hulled oil tankers, should be imposed only after local level Coast Guard consideration of specific local needs, conditions, and available alternatives. We asked for public comment on the proposed withdrawal. Discussion of Comments In response to our April 2008 notice, we received 17 letters containing 55 comments. We thank those who commented for their interest. Twelve comments concerned the need for specific action in Cook Inlet, Alaska, or other local waters. We acknowledge these comments, but restate our position that the need for escort vessels or other protective measures in specific waters should be assessed under PWSA. Therefore, requests for protective measures in specific waters should be addressed to the local Coast Guard sector commander. A list of Coast Guard sectors appears, as part of a PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 comprehensive list of Coast Guard units, at https://www.uscg.mil/top/units/. Five comments asserted that we have not satisfied our obligations under § 4116(c) of OPA 90, or that withdrawal of the rulemaking at this stage would violate OPA 90. We do not agree that further action is required under OPA 90 or that withdrawal of this rulemaking would violate that act. In 2000, the United States Court of Appeals for the District of Columbia Circuit stated that ‘‘it is not at all obvious whether § 4116(c) actually forces the Coast Guard itself to come up with the names of, and instigate rulemaking regarding possible ‘other waters,’’’ and held that that section ‘‘does not create a sufficiently clear duty regarding ‘other waters’ to merit mandamus relief.’’ In re Bluewater Network, 234 F.3d 1305 at 1306 (DC Cir. 2000). Nevertheless, the Coast Guard sought to comply with any possible requirement for regulatory action under § 4116(c) by initiating this rulemaking. After considering public comment on our 1993 ANPRM, we concluded in 1994 that ‘‘there is no need to prescribe an absolute minimum of two escort vessels’’ in other waters, and that ‘‘designating any other U.S. waters for escorting requirements will be accomplished using the Coast Guard’s authority under * * * PWSA, which allows greater flexibility concerning the ships to be escorted and the number of escort vessels to be required.’’ 59 FR at 65743. The Coast Guard stands by its conclusion that § 4116(c) of OPA 90 requires no further consideration under this rulemaking. Nine comments criticized our proposed reliance on local assessments under PWSA. These comments pointed to alleged flaws in the local assessment process or argued for national standards and timelines to guide local assessments, and most stated that PWSA is not an adequate substitute for continuing this rulemaking under OPA 90. Later in this document, we discuss the Coast Guard PWSA assessment process and provide links to additional information. The PWSA assessment process provides a uniform methodology that can be applied across the nation, and we are always open to considering specific ideas for improving it. To address two specific concerns that critics of the PWSA process raised: First, the process generally allows for more public input than some commenters realize. It provides a structured way to make sure all significant local stakeholders are represented and participate. Assessment workshops are locally publicized, open to the public, and allow for public E:\FR\FM\18AUP1.SGM 18AUP1

Agencies

[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Proposed Rules]
[Pages 41642-41646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19655]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / 
Proposed Rules

[[Page 41642]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0687; Directorate Identifier 2009-NM-033-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 that would supersede an existing AD. 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 
occurrence of two events of aircraft being dispatched with the cargo 
door opened without indication. In one of the events the aircraft took 
off with the cargo door opened.
    The unsafe condition is a cargo door opening during flight, which 
could result in reduced structural integrity and consequent rapid 
decompression 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 September 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-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, FAA, Transport Airplane Directorate, 
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-2009-0687; 
Directorate Identifier 2009-NM-033-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

    On April 17, 2007, we issued AD 2007-06-53, Amendment 39-15035 (72 
FR 21088, April 30, 2007). That AD requires actions intended to address 
an unsafe condition on the products listed above.
    The preamble to AD 2007-06-53 specifies that we consider the 
requirements ``interim action'' and that the manufacturer is developing 
a modification to address the unsafe condition. That AD explains that 
we might consider further rulemaking if a modification is developed, 
approved, and available. The manufacturer now has developed such a 
modification, and we have determined that further rulemaking is indeed 
necessary; this proposed AD follows from that determination.
    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directives 2007-03-01R1, effective June 9, 2008, and 
2007-03-02R2, effective November 21, 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 occurrence of two events of aircraft being 
dispatched with the cargo door opened without indication. In one of 
the events the aircraft took off with the cargo door opened.

The unsafe condition is a cargo door opening during flight, which could 
result in reduced structural integrity and consequent rapid 
decompression of the airplane. Required actions include repetitive 
inspections of the forward and aft cargo doors to detect signs of 
interference between the lock handle and the aft edge liner assembly 
and reworking the assembly; a one-time inspection for signs of damage 
of the lateral roller fitting on the forward and aft cargo door frames 
at the fuselage and

[[Page 41643]]

replacement of the roller if necessary, and modification of the cargo 
door, which ends the repetitive inspections. After accomplishing the 
modification, the actions include incorporating information into the 
maintenance program to include the operational (OPC) and functional 
(FNC) checks of the forward and aft cargo doors and accomplishing 
repetitive OPC and FNC checks. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Alert Service Bulletins 170-52-A036 (for Model 
ERJ 170 airplanes) and 190-52-A018 (for Model ERJ 190 airplanes); both 
Revision 01, both dated March 23, 2007. Embraer Alert Service Bulletins 
170-52-A036 and 190-52-A018, both dated March 12, 2007, were referred 
to in the existing AD for accomplishing the required actions. No 
additional work is necessary for airplanes on which the original issue 
of the service information has been done.
    Embraer has also issued Service Bulletins 170-52-0041, Revision 01, 
dated June 13, 2008, and 170-52-0044, dated January 18, 2008 (for Model 
ERJ 170 airplanes); and Service Bulletins 190-52-0023, Revision 02, 
dated March 11, 2008, and 190-52-0027 dated March 20, 2008 (for Model 
ERJ 190 airplanes).
    The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 145 products of U.S. registry.
    The actions that are required by AD 2007-06-53 and retained in this 
proposed AD take about 1 work-hour per product, at an average labor 
rate of $80 per work hour. Based on these figures, the estimated cost 
of the currently required actions is $80 per product.
    We estimate that it would take about 7 work-hours per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $80 per work-hour. Required parts would cost about 
$17,162 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 $2,569,690, or $17,722 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 removing Amendment 39-15035 (72 FR 
21088, April 30, 2007) and adding the following new AD:

Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA-
2009-0687; Directorate Identifier 2009-NM-033-AD.

Comments Due Date

    (a) We must receive comments by September 17, 2009.

Affected ADs

    (b) The proposed AD supersedes AD 2007-06-53, Amendment 39-
15035.

Applicability

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

Subject

    (d) Air Transport Association (ATA) of America Code 52: Doors.

[[Page 41644]]

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    It has been found the occurrence of two events of aircraft being 
dispatched with the cargo door opened without indication. In one of 
the events the aircraft took off with the cargo door opened.

The unsafe condition is a cargo door opening during flight, which 
could result in reduced structural integrity and consequent rapid 
decompression of the airplane. Required actions include repetitive 
inspections of the forward and aft cargo doors to detect signs of 
interference between the lock handle and the aft edge liner assembly 
and reworking the assembly; a one-time inspection for signs of 
damage of the lateral roller fitting on the forward and aft cargo 
door frames at the fuselage and replacement of the roller if 
necessary, and modification of the cargo door, which ends the 
repetitive inspections. After accomplishing the modification, the 
actions include incorporating information into the maintenance 
program to include the operational (OPC) and functional (FNC) checks 
of the forward and aft cargo doors and accomplishing repetitive OPC 
and FNC checks.

Compliance

    (f) Required as indicated, unless accomplished previously.

Restatement of Requirements of AD 2007-06-53, With New Service 
Information

Preflight Verification of Correct Door Closure

    (g) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 
LR, -200 STD, and -200 SU airplanes; and ERJ 190-100 STD, -100 LR, 
and -100 IGW airplanes: As of 24 hours after May 7, 2007 (the 
effective date of AD 2007-06-53), before each flight after closing 
the cargo doors, verify that the forward and aft cargo doors are 
closed flush with the fuselage skin, and that all 4 latched and 
locked indicators at the bottom of each door are green. Persons 
qualified to do this verification are mechanics and flightcrew 
members. If it cannot be verified that both doors are closed flush 
with the fuselage skin, and that all 4 latched and locked indicators 
at the bottom of each door are green, repair before further flight. 
Repeat the verification before every flight until accomplishment of 
the actions required by paragraph (h) of this AD.

Inspection for Interference and Damage

    (h) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 
LR, -200 STD, and -200 SU airplanes; and ERJ 190-100 STD, -100 LR, 
and -100 IGW airplanes: Within 10 days after May 7, 2007, do the 
actions specified in paragraphs (h)(1), (h)(2), and (h)(3) of this 
AD, in accordance with the Accomplishment Instructions of Embraer 
Alert Service Bulletins 170-52-A036 (for Model ERJ 170 airplanes) or 
190-52-A018 (for Model ERJ 190 airplanes), both dated March 12, 
2007; or Revision 01, both dated March 23, 2007; as applicable. As 
of the effective date of this AD, use Revision 01 of the service 
bulletins.
    (1) Remove the roller fitting cover plate on the forward and aft 
cargo door frames.
    (2) Perform a detailed inspection of the forward and aft cargo 
doors to detect signs of interference between the lock handle and 
the aft edge liner assembly. Then rework the aft edge liner assembly 
at the applicable time specified in paragraph (h)(2)(i) or 
(h)(2)(ii) of this AD.
    (i) If any sign of interference is detected: Rework the assembly 
before further flight.
    (ii) If no sign of interference is detected: Rework the assembly 
within 150 flight cycles after the inspection.
    (3) Perform a detailed inspection for signs of damage of the 
lateral roller fitting on the forward and aft cargo door frames at 
the fuselage. If any damage is found, replace the lateral roller 
fitting before further flight with a new roller fitting having the 
same part number, in accordance with the applicable service 
bulletin.
    (4) Actions done before May 7, 2007, in accordance with Embraer 
Alert Service Bulletin 170-52-A036 or 190-52-A018, both dated March 
12, 2007, are acceptable for compliance with the corresponding 
requirements of this AD.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''


    Note 2: Embraer Alert Service Bulletins 170-52-A036 and 190-52-
A018 refer to Embraer Service Bulletins 170-50-0006 and 190-50-0006, 
respectively, as additional sources of service information for the 
rework and roller fitting cover plate removal. Embraer Service 
Bulletins 170-50-0006 and 190-50-0006 are currently at Revision 01, 
dated March 13, 2007.

Repetitive Inspections for Damage

    (i) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 
LR, -200 STD, and -200 SU airplanes; and ERJ 190-100 STD, -100 LR, 
and -100 IGW airplanes: Repeat the inspection specified in paragraph 
(h)(3) of this AD at intervals not to exceed 150 flight cycles until 
the terminating action specified in paragraph (k)(3) of this AD has 
been accomplished.

Parts Installation

    (j) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 
LR, -200 STD, and -200 SU airplanes; and ERJ 190-100 STD, -100 LR, 
and -100 IGW airplanes: As of May 7, 2007, no person may install a 
roller fitting cover plate on the forward and aft cargo door frames 
on any airplane.

New Requirements of This AD: Actions and Compliance

    (k) Unless already done, do the following actions.
    (1) For Model ERJ 190-200 LR, -200 STD, and -200 IGW airplanes: 
As of 24 hours after the effective date of this AD, before each 
flight after closing the cargo doors, verify that the forward and 
aft cargo doors are closed flush with the fuselage skin, and that 
all 4 latched and locked indicators at the bottom of each door are 
green. Persons qualified to do this verification are mechanics and 
flightcrew members. If it cannot be verified that both doors are 
closed flush with the fuselage skin, and that all 4 latched and 
locked indicators at the bottom of each door are green, repair 
before further flight. Repeat the verification before every flight 
until accomplishment of the actions required by paragraph (k)(2) of 
this AD.
    (2) For Model ERJ 190-200 LR, -200 STD, and -200 IGW airplanes: 
Within 10 days after the effective date of this AD, do the actions 
specified in paragraphs (k)(2)(i), (k)(2)(ii), and (k)(2)(iii) of 
this AD, in accordance with the Accomplishment Instructions of 
Embraer Alert Service Bulletin 190-52-A018, Revision 01, dated March 
23, 2007. Repeat the inspection specified in paragraph (k)(2)(iii) 
of this AD at intervals not to exceed 150 flight cycles until the 
terminating action specified in paragraph (k)(3) of this AD has been 
accomplished.
    (i) Remove the roller fitting cover plate on the forward and aft 
cargo door frames.
    (ii) Perform a detailed inspection of the forward and aft cargo 
doors to detect signs of interference between the lock handle and 
the aft edge liner assembly. Then rework the aft edge liner assembly 
at the applicable time specified in paragraph (k)(2)(ii)(A) or 
(k)(2)(ii)(B) of this AD.
    (A) If any sign of interference is detected: Rework the assembly 
before further flight.
    (B) If no sign of interference is detected: Rework the assembly 
within 150 flight cycles after the inspection.
    (iii) Perform a detailed inspection for signs of damage of the 
lateral roller fitting on the forward and aft cargo door frames at 
the fuselage. If any damage is found, replace the lateral roller 
fitting before further flight with a new roller fitting having the 
same part number, in accordance with Embraer Alert Service Bulletin 
190-52-A018, Revision 01, dated March 23, 2007.
    (3) For all airplanes: Within 5,000 flight cycles after the 
effective date of this AD, do the actions specified in paragraphs 
(k)(3)(i) and (k)(3)(ii) of this AD on the forward and aft cargo 
doors. Accomplishing the actions in this paragraph terminates the 
repetitive inspections required by paragraphs (i) and (k)(2) of this 
AD.
    (i) Relocate the cargo door closed indication sensor in 
accordance with the Accomplishment Instructions of Embraer Service 
Bulletin 170-52-0041, Revision 01, dated June 13, 2008; or 190-52-
0023, Revision 02, dated March 11, 2008; as applicable.
    (ii) Modify the cargo door lock handle mechanism and replace the 
forward and aft cargo door roller fittings having part number (P/N) 
170-92569-401 and 170-85452-401 with new fittings having P/N 170-
92569-403 and 170-85452-403, as applicable. Do the modification in 
accordance with the Accomplishment Instructions of Embraer Service 
Bulletins 170-52-0044, dated January 18, 2008; or 190-52-0027, dated 
March 20, 2008; as applicable.
    (4) Actions done before the effective date of this AD in 
accordance with Embraer

[[Page 41645]]

Service Bulletin 170-52-0041, dated September 6, 2007; or 190-52-
0023, dated September 6, 2007, or Revision 01, dated December 6, 
2007; as applicable; are acceptable for compliance with the 
corresponding requirements of this AD.
    (5) Within 12 months after the effective date of this AD or 12 
months after accomplishing the modification required by paragraph 
(k)(3) of this AD, whichever occurs later: Incorporate information 
into the maintenance program to include the operational (OPC) and 
functional (FNC) checks of the forward and aft cargo doors; in 
accordance with a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (or its 
delegated agent). Within 6,000 flight hours after doing the actions 
required by paragraph (k)(3) of this AD, do the OPC and FNC checks 
and repeat the checks thereafter at intervals not to exceed 6,000 
flight hours.

    Note 3: Guidance on the OPC and FNC checks specified in 
paragraph (k)(5) of this AD can be found in Table 1 of this AD, as 
applicable.


                                          Table 1--OPC and FNC Guidance
----------------------------------------------------------------------------------------------------------------
               Manual--                                  Task--                                Date--
----------------------------------------------------------------------------------------------------------------
Embraer 170 Aircraft Maintenance       52-31-00-710-801-A/500....................  July 15, 2008.
 Manual.
                                       52-31-20-720-801-A/500....................  July 15, 2008.
                                       52-32-00-710-801-A/500....................  July 15, 2008.
                                       52-32-20-720-801-A/500....................  July 15, 2008.
Embraer 190 Aircraft Maintenance       52-31-00-710-801-A/500....................  July 15, 2008.
 Manual.
                                       52-31-20-720-801-A/500....................  July 15, 2008.
                                       52-32-00-710-801-A/500....................  July 15, 2008.
                                       52-32-20-720-801-A/500....................  July 15, 2008.
----------------------------------------------------------------------------------------------------------------


    Note 4: For the purposes of this AD, a functional check (FNC) 
is: ``A quantitative check to determine if one or more functions of 
an item perform within specified limits.''


    Note 5: For the purposes of this AD, an operational check (OPC) 
is: ``A task to determine if an item is fulfilling its intended 
purpose. Since it is a failure finding task, it does not require 
quantitative tolerances.''

FAA AD Differences

    Note 6: This AD differs from the MCAI and/or service information 
as follows: Where the MCAI includes a compliance time of ``after 
accomplishment of the modification'' for revising the maintenance 
program for Model ERJ-170 airplanes, we have determined that a 
compliance time of ``within 12 months after the effective date of 
the AD or within 12 months after accomplishment of the modification, 
whichever occurs later'' is appropriate. This compliance time is 
equivalent to the compliance time required for Model ERJ-190 
airplanes. The manufacturer and ANAC agree with this compliance 
time.

Other FAA AD Provisions

    (l) 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, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; 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. The AMOC approval letter must 
specifically reference this AD. AMOCs approved previously in 
accordance with AD 2007-06-53, are approved as AMOCs for the 
corresponding provisions of paragraph (i) of this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: 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

    (m) Refer to Brazilian Airworthiness Directives 2007-03-01R1, 
dated June 9, 2008, and 2007-03-02R2, dated November 21, 2008; and 
the service information contained in Table 2 of this AD for related 
information.

                      Table 2--Service Information
------------------------------------------------------------------------
       Service Bulletin            Revision               Date
------------------------------------------------------------------------
Embraer Alert Service                       01  March 23, 2007.
 Bulletin 170-52-A036.
Embraer Alert Service                       01  March 23, 2007.
 Bulletin 190-52-A018.
Embraer Service Bulletin 170-               01  June 13, 2008.
 52-0041.
Embraer Service Bulletin 170-         Original  January 18, 2008.
 52-0044.
Embraer Service Bulletin 190-               02  March 11, 2008.
 52-0023.
Embraer Service Bulletin 190-         Original  March 20, 2008.
 52-0027.
------------------------------------------------------------------------



[[Page 41646]]

    Issued in Renton, Washington, on August 7, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-19655 Filed 8-17-09; 8:45 am]
BILLING CODE 4910-13-P

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