Airworthiness Directives; Empresa Brasileira de Aeronáutica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes, 58191-58195 [E9-26622]

Download as PDF Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Rules and Regulations 58191 Section of OMB guidance Section in this part where supplemented What the supplementation clarifies (4) 2 CFR 182.505 ........ § 382.505 .................... Who in HHS is authorized to determine that a recipient who is an individual is in violation of the requirements of 2 CFR part 182, as implemented by this part. (c) Sections of the OMB guidance that this part does not supplement. For any section of OMB guidance in Subparts A through F of 2 CFR part 182 that is not listed in paragraph (b) of this section, HHS policies and procedures are the same as those in the OMB guidance. Subpart A—[Reserved] Subpart E—Violations of This Part and Consequences cargo door opened without indication. In one of the events the aircraft took off with the cargo door opened. § 382.500 Who in HHS determines that a recipient other than an individual violated the requirements of this part? * The agency head is the official authorized to make the determination under 2 CFR 182.500. § 382.505 Who in HHS determines that a recipient who is an individual violated the requirements of this part? Subpart B—Requirements for Recipients Other Than Individuals § 382.225 Whom in HHS does a recipient other than an individual notify about a criminal conviction? A recipient other than an individual that is required under 2 CFR 182.225(a) to notify Federal agencies about an employee’s conviction for a criminal drug offense must notify each HHS office from which it currently has an award. Subpart C—Requirements for Recipients Who Are Individuals The agency head is the official authorized to make the determination under 2 CFR 182.505. Subpart F—(Reserved) Title 45—Public Welfare CHAPTER I—DEPARTMENT OF HEALTH AND HUMAN SERVICES PART 82—[REMOVED] 2. Under the authority of 5 U.S.C. 301, remove part 82. ■ [FR Doc. E9–27024 Filed 11–10–09; 8:45 am] § 382.300 Whom in HHS does a recipient who is an individual notify about a criminal drug conviction? A recipient who is an individual and is required under 2 CFR 182.300(b) to notify Federal agencies about a conviction for a criminal drug offense must notify each HHS office from which it currently has an award. BILLING CODE 4151–AE–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0687; Directorate Identifier 2009–NM–033–AD; Amendment 39–16080; AD 2009–23–08] RIN 2120–AA64 § 382.400 What method do I use as an agency awarding official to obtain a recipient’s agreement to comply with the OMB guidance? WReier-Aviles on DSKGBLS3C1PROD with RULES Subpart D—Responsibilities of Agency Awarding Officials Airworthiness Directives; Empresa ´ Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes To obtain a recipient’s agreement to comply with applicable requirements in the OMB guidance at 2 CFR part 182, you must include the following term or condition in the award: Drug-free workplace. You as the recipient must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of part 382, which adopts the Governmentwide implementation (2 CFR part 182) of sec. 5152–5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100–690, Title V, Subtitle D; 41 U.S.C. 701–707). VerDate Nov<24>2008 13:02 Nov 10, 2009 Jkt 220001 AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are superseding an existing airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: It has been found the occurrence of two events of aircraft being dispatched with the PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 * * * * The unsafe condition is a cargo door opening during flight, which could result in reduced structural integrity and consequent rapid decompression of the airplane. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective December 17, 2009. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of December 17, 2009. ADDRESSES: You may examine the AD docket on the Internet at http:// www.regulations.gov or in person at the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Kenny Kaulia, Aerospace Engineer, International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington 98057–3356; telephone (425) 227–2848; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on August 18, 2009 (74 FR 41642), and proposed to supersede AD 2007–06–53, Amendment 39–15035 (72 FR 21088, April 30, 2007). That NPRM proposed 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 E:\FR\FM\12NOR1.SGM 12NOR1 58192 Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Rules and Regulations 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. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. WReier-Aviles on DSKGBLS3C1PROD with RULES Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a Note within the AD. Costs of Compliance We estimate that this AD will affect about 145 products of U.S. registry. The actions that are required by AD 2007–06–53 and retained in this 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 AD. The average labor rate is $80 per work-hour. Required parts will 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 VerDate Nov<24>2008 13:02 Nov 10, 2009 Jkt 220001 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 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 AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 the Docket Operations office (telephone (800) 647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: ■ PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Amendment 39–15035 (72 FR 21088, April 30, 2007) and adding the following new AD: ■ 2009–23–08 Empresa Brasileira de ´ Aeronautica S.A. (EMBRAER): Amendment 39–16080. Docket No. FAA–2009–0687; Directorate Identifier 2009–NM–033–AD. Effective Date (a) This airworthiness directive (AD) becomes effective December 17, 2009. Affected ADs (b) This 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. 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 onetime inspection for signs of damage of the lateral roller fitting on the forward and aft E:\FR\FM\12NOR1.SGM 12NOR1 Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Rules and Regulations 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 WReier-Aviles on DSKGBLS3C1PROD with RULES 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 Bulletin 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 Embraer Alert Service Bulletin 170–52–A036 or 190–52–A018. (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 VerDate Nov<24>2008 13:02 Nov 10, 2009 Jkt 220001 a new roller fitting having the same part number, in accordance with Embraer Alert Service Bulletin 170–52–A036 or 190–52– A018, as applicable. (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 guidance for the rework and roller fitting cover plate removal. Embraer Alert 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 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 58193 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 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 E:\FR\FM\12NOR1.SGM 12NOR1 58194 Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Rules and Regulations 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 the document specified in Table 1 of this AD, as applicable: TABLE 1—OPC AND FNC GUIDANCE Manual— Task— Embraer 170 Aircraft Maintenance Manual ................................................... 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. 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 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. Date— ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... July July July July July July July July 15, 15, 15, 15, 15, 15, 15, 15, 2008. 2008. 2008. 2008. 2008. 2008. 2008. 2008. (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 (44 U.S.C. 3501 et seq.), 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 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 ..................................................................................................................... 01 01 01 1 02 1 Date March 23, 2007. March 23, 2007. June 13, 2008. January 18, 2008. March 11, 2008. March 20, 2008. 1 Original. Material Incorporated by Reference (n) You must use the applicable service information contained in Table 3 of this AD to do the actions required by this AD, unless the AD specifies otherwise. WReier-Aviles on DSKGBLS3C1PROD with RULES TABLE 3—MATERIAL INCORPORATED BY REFERENCE Service bulletin 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 ................................................................................................................... VerDate Nov<24>2008 13:02 Nov 10, 2009 Jkt 220001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\12NOR1.SGM 12NOR1 01 01 01 1 02 Date March 23, 2007. March 23, 2007. June 13, 2008. January 18, 2008. March 11, 2008. Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Rules and Regulations 58195 TABLE 3—MATERIAL INCORPORATED BY REFERENCE—Continued Service bulletin Revision Embraer Service Bulletin 190–52–0027 ................................................................................................................... 1 Date March 20, 2008. 1 Original. (1) For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical Publications Section (PC 060), Av. Brigadeiro ˜ Faria Lima, 2170—Putim—12227–901 Sao Jose dos Campos—SP—Brasil; telephone: +55 12 3927–5852 or +55 12 3309–0732; fax: +55 12 3927–7546; e-mail: distrib@embraer.com.br; Internet: http:// www.flyembraer.com. (2) You may review copies of the service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221 or 425–227–1152. (3) You may also review copies of the service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on October 26, 2009. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–26622 Filed 11–10–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–1039; Directorate Identifier 2009–CE–059–AD; Amendment 39–16085; AD 2009–23–11] RIN 2120–AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–500 Airplanes WReier-Aviles on DSKGBLS3C1PROD with RULES SUMMARY: We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: 13:02 Nov 10, 2009 Jkt 220001 This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective December 2, 2009. We must receive comments on this AD by December 28, 2009. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4146; fax: (816) 329–4090. SUPPLEMENTARY INFORMATION: Discussion ˆ The AGENCIA NACIONAL DE AVIACAO CIVIL—BRAZIL, which is ¸˜ the aviation authority for Brazil, has issued AD No.: 2009–10–01R1, dated October 16, 2009 (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 heating deactivation of Air Data System (ADS) sensors due to its inadequate automatic logic, when ADS/AOA knob is on AUTO position associated with the following messages: —DC BUS 1 OFF displayed on Crew Alerting System—CAS in conjunction with STBY HTR FAIL (which means loss of power on DC BUS 1); or —EMER BUS OFF displayed on CAS (which means loss of power on EMERGENCY BUS); or —ELEC EMERGENCY displayed on CAS (which means Electrical Emergency). The loss of airplane air data sensors heating may cause ice buildup on their surfaces, which in turn may cause wrong pressure acquisitions resulting in erroneous flight parameters indication to the flight crew. Since this condition may occur in other airplanes of the same type and affects flight safety, an immediate corrective action is required. Thus, sufficient reason exists to request compliance with this AD in the indicated time limit. Examining the AD Docket AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. VerDate Nov<24>2008 It has been found the possibility of heating deactivation of Air Data System (ADS) sensors due to its inadequate automatic logic, when ADS/AOA knob is on AUTO position associated with the following messages: —DC BUS 1 OFF displayed on Crew Alerting System—CAS in conjunction with STBY HTR FAIL (which means loss of power on DC BUS 1); or —EMER BUS OFF displayed on CAS (which means loss of power on EMERGENCY BUS); or —ELEC EMERGENCY displayed on CAS (which means Electrical Emergency). The loss of airplane air data sensors heating may cause ice buildup on their surfaces, which in turn may cause wrong pressure acquisitions resulting in erroneous flight parameters indication to the flight crew. Since this condition may occur in other airplanes of the same type and affects flight safety, an immediate corrective action is required. Thus, sufficient reason exists to request compliance with this AD in the indicated time limit. This AD action requires inserting information into the Abnormal Procedures section of the FAA-approved airplane flight manual (AFM). You may obtain further information by examining the MCAI in the AD docket. You may examine the AD docket on the Internet at http:// 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 AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647– FAA’s Determination and Requirements of the 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 this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\12NOR1.SGM 12NOR1

Agencies

[Federal Register Volume 74, Number 217 (Thursday, November 12, 2009)]
[Rules and Regulations]
[Pages 58191-58195]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26622]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0687; Directorate Identifier 2009-NM-033-AD; 
Amendment 39-16080; AD 2009-23-08]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de 
Aeron[aacute]utica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD) 
for the products listed above. This AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    It has been found the occurrence of 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. We are issuing this AD to require 
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective December 17, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 17, 
2009.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Kenny Kaulia, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 
227-2848; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on August 18, 2009 (74 
FR 41642), and proposed to supersede AD 2007-06-53, Amendment 39-15035 
(72 FR 21088, April 30, 2007). That NPRM proposed 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

[[Page 58192]]

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. You may obtain further 
information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    We estimate that this AD will affect about 145 products of U.S. 
registry.
    The actions that are required by AD 2007-06-53 and retained in this 
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 AD. The average labor 
rate is $80 per work-hour. Required parts will 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 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 AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-15035 (72 FR 
21088, April 30, 2007) and adding the following new AD:

2009-23-08 Empresa Brasileira de Aeron[aacute]utica S.A. (EMBRAER): 
Amendment 39-16080. Docket No. FAA-2009-0687; Directorate Identifier 
2009-NM-033-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
17, 2009.

Affected ADs

    (b) This 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.

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

[[Page 58193]]

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 Bulletin 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 Embraer Alert 
Service Bulletin 170-52-A036 or 190-52-A018.
    (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 Embraer Alert Service Bulletin 
170-52-A036 or 190-52-A018, as applicable.
    (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 guidance for the rework and 
roller fitting cover plate removal. Embraer Alert 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 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

[[Page 58194]]

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 the document specified 
in Table 1 of this AD, as applicable:


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


    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 (44 
U.S.C. 3501 et seq.), 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 Bulletin 170-        01  March 23, 2007.
 52-A036.
Embraer Alert Service Bulletin 190-        01  March 23, 2007.
 52-A018.
Embraer Service Bulletin                   01  June 13, 2008.
 170[dash]52[dash]0041.
Embraer Service Bulletin                  \1\  January 18, 2008.
 170[dash]52[dash]0044.
Embraer Service Bulletin                   02  March 11, 2008.
 190[dash]52[dash]0023.
Embraer Service Bulletin                  \1\  March 20, 2008.
 190[dash]52[dash]0027.
------------------------------------------------------------------------
\1\ Original.

Material Incorporated by Reference

    (n) You must use the applicable service information contained in 
Table 3 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise.

               Table 3--Material Incorporated by Reference
------------------------------------------------------------------------
         Service bulletin            Revision             Date
------------------------------------------------------------------------
Embraer Alert Service Bulletin 170-        01  March 23, 2007.
 52-A036.
Embraer Alert Service Bulletin 190-        01  March 23, 2007.
 52-A018.
Embraer Service Bulletin 170-52-           01  June 13, 2008.
 0041.
Embraer Service Bulletin 170-52-          \1\  January 18, 2008.
 0044.
Embraer Service Bulletin 190-52-           02  March 11, 2008.
 0023.

[[Page 58195]]

 
Embraer Service Bulletin 190-52-          \1\  March 20, 2008.
 0027.
------------------------------------------------------------------------
\1\ Original.

     (1) For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 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: http://www.flyembraer.com.
    (2) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (3) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on October 26, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-26622 Filed 11-10-09; 8:45 am]
BILLING CODE 4910-13-P