Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes, 2060-2062 [2010-212]
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2060
Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Rules and Regulations
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Airbus SAS—Airworthiness
Office—EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33
5 61 93 36 96; fax +33 5 61 93 45 80; e-mail
airworthiness.A330–A340@airbus.com;
Internet https://www.airbus.com.
(3) 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.
(4) 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
December 30, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
Discussion
[FR Doc. 2010–211 Filed 1–13–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0610; Directorate
Identifier 2009–NM–021–AD; Amendment
39–16171; AD 2010–01–12]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are adopting a new
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:
The result of re-assessment of rotor burst
analysis has shown the possibility of loss of
electrical power supply to the following
aircraft systems: Air Data System (ADS),
Ailerons, Multifunctional spoilers and
rudder, which result in loss of the aircraft
pitch and yaw control.
*
*
*
VerDate Nov<24>2008
*
*
13:33 Jan 13, 2010
Jkt 220001
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
February 18, 2010.The Director of the
Federal Register approved the
incorporation by reference of certain
publications listed in this AD as of
February 18, 2010.
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,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2848; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
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 July 15, 2009 (74 FR 34276).
That NPRM proposed to correct an
unsafe condition for the specified
products. The MCAI states:
The result of re-assessment of rotor burst
analysis has shown the possibility of loss of
electrical power supply to the following
aircraft systems: Air Data System (ADS),
Ailerons, Multifunctional spoilers and
rudder, which result in loss of the aircraft
pitch and yaw control.
*
*
*
*
*
Required actions include modifying the
electrical wiring in the overhead panel
of the cockpit, modifying the air data
smart probe 3B power supply bus, and
modifying the Aeronautical Radio
Incorporated (ARINC) 429 data bus, as
applicable. 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
considered the comments received.
Request To Withdraw NPRM
Embraer requests that we withdraw
the NPRM. Embraer states that based on
service experience, the probability of a
rotor burst combined with the
probability of a disk trajectory that hits
the specific wiring bundle is extremely
rare. Embraer disagrees that the
modifications addressed by the service
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
bulletins should be mandatory. Embraer
also states that issuance of a Special
Airworthiness Information Bulletin
would be an alternative measure to be
taken in this case, since it would
address the concerns in the NPRM and
still be in conformity with the 14 CFR
part 39 requirements.
We disagree with the request to
withdraw the NPRM. We have
ˆ
consulted with the Agencia Nacional de
Aviacao Civil (ANAC) regarding the
¸˜
manufacturer’s comment and
determined that, regardless of the very
low probability that a catastrophic event
could occur due to a rotor burst, the
requirements of 14 CFR part 25 do not
permit the use of probability as a risk
reduction parameter. Furthermore, the
design must minimize the effects of
rotor burst by any means practicable.
This AD is necessary to address the
identified unsafe condition. Therefore,
the AD is not changed in this regard.
Explanation of Changes Made to This
AD
We have revised this AD to identify
the correct legal name of the
manufacturer as published in the most
recent type certificate data sheet for the
affected airplane models.
Conclusion
We reviewed the available data,
including the comments received, and
determined that air safety and the
public interest require adopting the AD
with the change described previously.
We determined that this change will not
increase the economic burden on any
operator or increase the scope of the AD.
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
77 products of U.S. registry. We also
estimate that it will take about 62 workhours per product to comply with the
basic requirements of this AD. The
average labor rate is $80 per work-hour.
E:\FR\FM\14JAR1.SGM
14JAR1
Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Rules and Regulations
Required parts will cost about $668 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 parts. 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 this AD
to the U.S. operators to be $433,356, or
$5,628 per product.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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.
VerDate Nov<24>2008
13:33 Jan 13, 2010
Jkt 220001
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
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 adding
the following new AD:
■
2010–01–12 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–16171. Docket No.
FAA–2009–0610; Directorate Identifier
2009–NM–021–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective February 18, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Empresa Brasileira
de Aeronautica S.A. (EMBRAER) Model ERJ
170–100 LR, –100 STD, –100 SE, –100 SU,
–200 LR, –200 STD, and –200 SU airplanes;
certificated in any category; as identified in
Embraer Service Bulletins 170–24–0019,
dated December 6, 2006; 170–24–0020, dated
November 30, 2006; and 170–31–0020,
Revision 01, dated May 21, 2008.
Subject
(d) Air Transport Association (ATA) of
America Codes 24 and 31: Electrical power
and Instruments, respectively.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
The result of re-assessment of rotor burst
analysis has shown the possibility of loss of
electrical power supply to the following
aircraft systems: Air Data System (ADS),
Ailerons, Multifunctional spoilers and
rudder, which result in loss of the aircraft
pitch and yaw control.
*
*
*
*
*
Required actions include modifying the
electrical wiring in the overhead panel of the
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
2061
cockpit, modifying the air data smart probe
3B power supply bus, and modifying the
Aeronautical Radio Incorporated (ARINC)
429 data bus, as applicable.
Actions and Compliance
(f) Unless already done, do the following
actions as applicable.
(1) For airplanes identified in Embraer
Service Bulletin 170–24–0019, dated
December 6, 2006: Within 6,000 flight hours
after the effective date of this AD, modify the
electrical wiring in the overhead panel of the
cockpit in accordance with Embraer Service
Bulletin 170–24–0019, dated December 6,
2006.
(2) For airplanes identified in Embraer
Service Bulletin 170–24–0020, dated
November 30, 2006: Within 6,000 flight
hours after the effective date of this AD,
change the Air Data Smart Probe 3 channel
B power supply bus from ESS2 to ESS3 in
accordance with Embraer Service Bulletin
170–24–0020, dated November 30, 2006.
(3) For airplanes identified in Embraer
Service Bulletin 170–31–0020, Revision 01,
dated May 21, 2008: Within 6,000 flight
hours after the effective date of this AD,
duplicate the Aeronautical Radio
Incorporated (ARINC) 429 airspeed signal for
an extension longer than the rotor burst
impact area; change the primary power
source for the modular avionics unit (MAU)
2 from DC BUS 2 to DC ESS BUS 2 to include
an additional ground and to provide dual
electrical power to MAU 2; and change the
wiring of the slat/flap actuators control
electronics (SF–ACE) 1 and 2 to primary
actuator control electronics (P–ACE) 1, 2, and
3; in accordance with Embraer Service
Bulletin 170–31–0020, Revision 01, dated
May 21, 2008.
(4) Actions accomplished before the
effective date of this AD according to
Embraer Service Bulletin 170–31–0020, dated
July 20, 2007, are considered acceptable for
compliance with the corresponding actions
specified in this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Send information to ATTN: Kenny Kaulia,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–2848; fax (425) 227–1149. Before using
any approved AMOC on any airplane to
which the AMOC applies, notify your
principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as
appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
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14JAR1
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Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Rules and Regulations
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
ˆ
(h) Refer to MCAI Agencia Nacional de
Aviacao Civil (ANAC) Airworthiness
¸˜
Directive 2008–09–01, dated September 30,
2008, and the service information identified
in Table 1 of this AD, for related information.
TABLE 1—SERVICE INFORMATION
Embraer Service Bulletin—
Revision—
Dated—
170–24–0019 .........................................................................
170–24–0020 .........................................................................
170–31–0020 .........................................................................
Original ..................................................................................
Original ..................................................................................
01 ...........................................................................................
December 6, 2006.
November 30, 2006.
May 21, 2008.
Material Incorporated by Reference
(i) You must use the service information
contained in Table 2 of this AD as applicable,
to do the actions required by this AD, unless
the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) 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.
(3) 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.
(4) 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.
TABLE 2—MATERIAL INCORPORATED BY REFERENCE
Embraer Service Bulletin—
Revision—
Dated—
170–24–0019 .........................................................................
170–24–0020 .........................................................................
170–31–0020 .........................................................................
Original ..................................................................................
Original ..................................................................................
01 ...........................................................................................
December 6, 2006.
November 30, 2006.
May 21, 2008.
Issued in Renton, Washington, on
December 28, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–212 Filed 1–13–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0657; Directorate
Identifier 2009–NM–048–AD; Amendment
39–16175; AD 2010–02–04]
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Model 737–600, –700, –700C,
–800, –900, and –900ER Series
Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: We are adopting a new
airworthiness directive (AD) for certain
Model 737–600, –700, –700C, –800,
–900, and –900ER series airplanes. This
VerDate Nov<24>2008
13:33 Jan 13, 2010
Jkt 220001
AD requires replacing the engine fuel
shutoff valves for the left and right main
tanks. This AD results from a report of
a failed engine start, which was caused
by an internally fractured engine fuel
shutoff valve. We are issuing this AD to
prevent the failure of the valve in the
closed position, open position, or
partially open position, which could
result in engine fuel flow problems and
possible uncontrolled fuel leak or fire.
DATES: This AD is effective February 18,
2010.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of February 18, 2010.
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data
& Services Management, P.O. Box 3707,
MC 2H–65, Seattle, Washington 98124–
2207; telephone 206–544–5000,
extension 1; fax 206–766–5680; e-mail
me.boecom@boeing.com; Internet
https://www.myboeingfleet.com.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
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 address for the
Docket Office (telephone 800–647–5527)
is the Document Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Samuel Spitzer, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6510; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness
directive (AD) that would apply to
certain Model 737–600, –700, –700C,
–800, –900, and –900ER series
airplanes. That NPRM was published in
the Federal Register on July 29, 2009
E:\FR\FM\14JAR1.SGM
14JAR1
Agencies
[Federal Register Volume 75, Number 9 (Thursday, January 14, 2010)]
[Rules and Regulations]
[Pages 2060-2062]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-212]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0610; Directorate Identifier 2009-NM-021-AD;
Amendment 39-16171; AD 2010-01-12]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new 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:
The result of re-assessment of rotor burst analysis has shown
the possibility of loss of electrical power supply to the following
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional
spoilers and rudder, which result in loss of the aircraft pitch and
yaw control.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective February 18, 2010.The Director of the
Federal Register approved the incorporation by reference of certain
publications listed in this AD as of February 18, 2010.
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, Transport Airplane Directorate, FAA,
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 July 15, 2009 (74 FR
34276). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
The result of re-assessment of rotor burst analysis has shown
the possibility of loss of electrical power supply to the following
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional
spoilers and rudder, which result in loss of the aircraft pitch and
yaw control.
* * * * *
Required actions include modifying the electrical wiring in the
overhead panel of the cockpit, modifying the air data smart probe 3B
power supply bus, and modifying the Aeronautical Radio Incorporated
(ARINC) 429 data bus, as applicable. 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 considered the comments received.
Request To Withdraw NPRM
Embraer requests that we withdraw the NPRM. Embraer states that
based on service experience, the probability of a rotor burst combined
with the probability of a disk trajectory that hits the specific wiring
bundle is extremely rare. Embraer disagrees that the modifications
addressed by the service bulletins should be mandatory. Embraer also
states that issuance of a Special Airworthiness Information Bulletin
would be an alternative measure to be taken in this case, since it
would address the concerns in the NPRM and still be in conformity with
the 14 CFR part 39 requirements.
We disagree with the request to withdraw the NPRM. We have
consulted with the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC) regarding the manufacturer's comment and determined that,
regardless of the very low probability that a catastrophic event could
occur due to a rotor burst, the requirements of 14 CFR part 25 do not
permit the use of probability as a risk reduction parameter.
Furthermore, the design must minimize the effects of rotor burst by any
means practicable. This AD is necessary to address the identified
unsafe condition. Therefore, the AD is not changed in this regard.
Explanation of Changes Made to This AD
We have revised this AD to identify the correct legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously. We determined that this
change will not increase the economic burden on any operator or
increase the scope of the AD.
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 77 products of U.S. registry.
We also estimate that it will take about 62 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour.
[[Page 2061]]
Required parts will cost about $668 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 parts. 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 this AD to the U.S. operators to be $433,356, or
$5,628 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 adding the following new AD:
2010-01-12 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16171. Docket No. FAA-2009-0610; Directorate Identifier
2009-NM-021-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective February
18, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR,
-200 STD, and -200 SU airplanes; certificated in any category; as
identified in Embraer Service Bulletins 170-24-0019, dated December
6, 2006; 170-24-0020, dated November 30, 2006; and 170-31-0020,
Revision 01, dated May 21, 2008.
Subject
(d) Air Transport Association (ATA) of America Codes 24 and 31:
Electrical power and Instruments, respectively.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
The result of re-assessment of rotor burst analysis has shown
the possibility of loss of electrical power supply to the following
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional
spoilers and rudder, which result in loss of the aircraft pitch and
yaw control.
* * * * *
Required actions include modifying the electrical wiring in the
overhead panel of the cockpit, modifying the air data smart probe 3B
power supply bus, and modifying the Aeronautical Radio Incorporated
(ARINC) 429 data bus, as applicable.
Actions and Compliance
(f) Unless already done, do the following actions as applicable.
(1) For airplanes identified in Embraer Service Bulletin 170-24-
0019, dated December 6, 2006: Within 6,000 flight hours after the
effective date of this AD, modify the electrical wiring in the
overhead panel of the cockpit in accordance with Embraer Service
Bulletin 170-24-0019, dated December 6, 2006.
(2) For airplanes identified in Embraer Service Bulletin 170-24-
0020, dated November 30, 2006: Within 6,000 flight hours after the
effective date of this AD, change the Air Data Smart Probe 3 channel
B power supply bus from ESS2 to ESS3 in accordance with Embraer
Service Bulletin 170-24-0020, dated November 30, 2006.
(3) For airplanes identified in Embraer Service Bulletin 170-31-
0020, Revision 01, dated May 21, 2008: Within 6,000 flight hours
after the effective date of this AD, duplicate the Aeronautical
Radio Incorporated (ARINC) 429 airspeed signal for an extension
longer than the rotor burst impact area; change the primary power
source for the modular avionics unit (MAU) 2 from DC BUS 2 to DC ESS
BUS 2 to include an additional ground and to provide dual electrical
power to MAU 2; and change the wiring of the slat/flap actuators
control electronics (SF-ACE) 1 and 2 to primary actuator control
electronics (P-ACE) 1, 2, and 3; in accordance with Embraer Service
Bulletin 170-31-0020, Revision 01, dated May 21, 2008.
(4) Actions accomplished before the effective date of this AD
according to Embraer Service Bulletin 170-31-0020, dated July 20,
2007, are considered acceptable for compliance with the
corresponding actions specified in this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Kenny Kaulia, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-2848; fax (425) 227-1149.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from
[[Page 2062]]
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
(h) Refer to MCAI Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) Airworthiness Directive 2008-09-
01, dated September 30, 2008, and the service information identified
in Table 1 of this AD, for related information.
Table 1--Service Information
------------------------------------------------------------------------
Embraer Service Bulletin-- Revision-- Dated--
------------------------------------------------------------------------
170-24-0019................. Original....... December 6, 2006.
170-24-0020................. Original....... November 30, 2006.
170-31-0020................. 01............. May 21, 2008.
------------------------------------------------------------------------
Material Incorporated by Reference
(i) You must use the service information contained in Table 2 of
this AD as applicable, to do the actions required by this AD, unless
the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) 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.
(3) 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.
(4) 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.
Table 2--Material Incorporated by Reference
------------------------------------------------------------------------
Embraer Service Bulletin-- Revision-- Dated--
------------------------------------------------------------------------
170-24-0019................. Original....... December 6, 2006.
170-24-0020................. Original....... November 30, 2006.
170-31-0020................. 01............. May 21, 2008.
------------------------------------------------------------------------
Issued in Renton, Washington, on December 28, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-212 Filed 1-13-10; 8:45 am]
BILLING CODE 4910-13-P