Airworthiness Directives; Empresa Brasileira de Aeronáutica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes, 58191-58195 [E9-26622]
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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?
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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).
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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
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*
*
*
*
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 https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Kenny Kaulia, Aerospace Engineer,
International Branch, ANM–116, 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
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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.
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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
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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 https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains the NPRM, the regulatory
evaluation, any comments received, and
other information. The street address for
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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
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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
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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
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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
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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
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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.
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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
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01
01
01
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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: https://
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: https://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
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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 https://
www.regulations.gov; or in person at the
Docket Management Facility between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this 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
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]]>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 https://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Kenny Kaulia, Aerospace Engineer,
International Branch, ANM-116, 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 https://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by 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: https://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: https://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
