Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 190-100 LR, -100 IGW, -100 STD, -200 STD, -200 LR, and -200 IGW Airplanes, 7929-7931 [2010-3116]

Download as PDF 7929 Rules and Regulations Federal Register Vol. 75, No. 35 Tuesday, February 23, 2010 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0418; Directorate Identifier 2009–NM–020–AD; Amendment 39–16201; AD 2010–04–08] 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 May 7, 2009 (74 FR 21285). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: RIN 2120–AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 190–100 LR, –100 IGW, –100 STD, –200 STD, –200 LR, and –200 IGW 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: mstockstill on DSKH9S0YB1PROD with RULES During routine inspection procedures on the wing assembly line it was identified the possibility of cracks and deformation developing during assembly on the internal wing spars and rib flanges, causing a safe[ty] margin reduction. * * * * * The unsafe condition is cracking and deformation of wing spar and rib flanges, which could result in loss of structural integrity of the wing. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective March 30, 2010. The Director of the Federal Register approved the incorporation by reference VerDate Nov<24>2008 16:17 Feb 22, 2010 Jkt 220001 of a certain publication listed in this AD as of March 30, 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: During routine inspection procedures on the wing assembly line it was identified the possibility of cracks and deformation developing during assembly on the internal wing spars and rib flanges, causing a safe[ty] margin reduction. * * * * * The unsafe condition is cracking and deformation of wing spar and rib flanges, which could result in loss of structural integrity of the wing. Corrective actions include performing a detailed inspection for damage on wing spar I, II, and III flanges and on certain ˆ rib flanges, and contacting Agencia Nacional de Aviacao Civil (ANAC) (or ¸˜ its delegated agent) and Embraer for an approved repair. 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 Remove Certain Model ERJ 190 Airplanes Embraer requests that we remove Model ERJ 190–100 ECJ airplanes from the applicability of the NPRM, because that model is not included in the effectivity statement of Embraer Service PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Bulletin 190–57–0023, dated June 9, 2008, and is not subject to the unsafe condition addressed by the NPRM. We agree, for the reasons provided by the commenter. We have revised the applicability statement of the AD accordingly. Request To Change Repair Contact Authority Embraer requests that we change paragraph (f)(2) of the NPRM to require that any repair of detected cracking or deformation be approved by either the FAA or the ANAC, and that Embraer may be contacted for repair support. Embraer states that the appropriate corrective action would be applying an authority-approved repair to the damaged wing rib and spar flanges. We disagree with the commenter’s request to change paragraph (f)(2) of this AD. As specified in paragraph (g)(2) of this AD, corrective actions obtained from a manufacturer cannot be used unless they are FAA-approved. Paragraph (g)(2) of this AD also states that corrective actions are considered FAA-approved if they are approved by the State of Design Authority, in this case ANAC (or its delegated agent). We have not changed the AD in this regard. Request To State When No Further Action Is Required Embraer requests that we add a paragraph (f)(3) to the NPRM stating ‘‘If no cracking or deformation is detected during the inspection required by paragraph (f)(1) of this AD, no further action is required.’’ Embraer did not provide justification for this request. We agree with Embraer’s request to add the statement as clarification. We have therefore added paragraph (f)(3) to the AD. Explanation of Change to Costs of Compliance Since issuance of the NPRM, we have increased the labor rate used in the Costs of Compliance from $80 per workhour to $85 per work-hour. The Costs of Compliance information, below, reflects this increase in the specified hourly labor rate. Conclusion We reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD with the changes described previously. E:\FR\FM\23FER1.SGM 23FER1 7930 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Rules and Regulations We determined that these changes 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 27 products of U.S. registry. We also estimate that it will take about 10 workhours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $22,950, or $850 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. mstockstill on DSKH9S0YB1PROD with RULES 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 VerDate Nov<24>2008 16:17 Feb 22, 2010 Jkt 220001 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. –200 LR, and –200 IGW airplanes, certificated in any category, serial numbers 19000002, 19000004, and 19000006 through 19000062 inclusive. 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. The unsafe condition is cracking and deformation of wing spar and rib flanges, which could result in loss of structural integrity of the wing. Corrective actions include performing a detailed inspection for damage on wing spar I, II, and III flanges and ˆ on certain rib flanges, and contacting Agencia Nacional de Aviacao Civil (ANAC) (or its ¸˜ delegated agent) and Embraer for an approved repair. 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 2010–04–08 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Amendment 39–16201. Docket No. FAA–2009–0418; Directorate Identifier 2009–NM–020–AD. Effective Date (a) This airworthiness directive (AD) becomes effective March 30, 2010. Affected ADs (b) None. Applicability (c) This AD applies to Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 190–100 LR, –100 IGW, –100 STD, –200 STD, Frm 00002 Fmt 4700 Reason (e) The mandatory continuing airworthiness information (MCAI) states: During routine inspection procedures on the wing assembly line it was identified the possibility of cracks and deformation developing during assembly on the internal wing spars and rib flanges, causing a safe[ty] margin reduction. * * * * * Actions and Compliance (f) Unless already done, do the following actions. (1) Before the accumulation of 5,000 total flight cycles on the airplane, or within 1,000 flight cycles after the effective date of this AD, whichever occurs later: Perform a detailed inspection of the left and right wing rib and spars I, II, and III flanges to detect cracking or deformation, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 190–57–0023, dated June 9, 2008. (2) If any cracking or deformation is detected during the inspection required by paragraph (f)(1) of this AD, before further flight, send the inspection results and request for repair instructions to ANAC (or its delegated agent) and Embraer Technical Support; e-mail: structure@embraer.com.br; and do the repair. (3) If no cracking or deformation is detected during the inspection required by paragraph (f)(1) of this AD, no further action is required by this AD. FAA AD Differences [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ■ PO 00000 Subject (d) Air Transport Association (ATA) of America Code 57: Wings. Sfmt 4700 Note 1: This AD differs from the MCAI and/or service information as follows: Although the MCAI or service information allows further flight after cracks are found during compliance with the required action, paragraph (f)(2) of this AD requires that you repair the crack(s) before further flight. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, 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, E:\FR\FM\23FER1.SGM 23FER1 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Rules and Regulations ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2848; fax (425) 227–1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (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 Brazilian Airworthiness Directive 2008–10–03, effective October 21, 2008; and Embraer Service Bulletin 190–57– 0023, dated June 9, 2008; for related information. mstockstill on DSKH9S0YB1PROD with RULES Material Incorporated by Reference (i) You must use Embraer Service Bulletin 190–57–0023, dated June 9, 2008, 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. Issued in Renton, Washington, on February 5, 2010. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010–3116 Filed 2–22–10; 8:45 am] BILLING CODE 4910–13–P VerDate Nov<24>2008 16:17 Feb 22, 2010 Jkt 220001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2010–0038; Directorate Identifier 2009–NM–110–AD; Amendment 39–16203; AD 2010–04–10] RIN 2120–AA64 Airworthiness Directives; Airbus Model A380–841, –842, and –861 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is 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: During the flight test campaign of the A380–861 model (Engine Alliance powered), some cracks were found on the Movable Flap Track Fairing number 6 (MFTF#6). These cracks were located at the pivot attachment support-ring and at the U-frame in the attachment area to aft-kinematic. In addition, delamination has been observed within the monolithic Carbon Fibre Reinforced Plastic (CFRP) structure around the pivot support-ring. This condition, if not corrected, could lead to in-flight loss of the MFTF#6, potentially resulting in injuries to persons on the ground. * * * * * This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective March 10, 2010. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of March 10, 2010. On May 28, 2009 (74 FR 22422, May 13, 2009), the Director of the Federal Register approved the incorporation by reference of a certain other publication listed in the AD. We must receive comments on this AD by April 9, 2010. 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– PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 7931 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1175; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Discussion On May 1, 2009, the FAA issued AD 2009–10–07, Amendment 39–15902 (74 FR 22422, May 13, 2009). That AD required actions intended to address an unsafe condition on the products listed above. Since we issued that AD, the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2009–0152, dated July 14, 2009 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: During the flight test campaign of the A380–861 model (Engine Alliance powered), some cracks were found on the Movable Flap Track Fairing number 6 (MFTF#6). These cracks were located at the pivot attachment support-ring and at the U-frame in the attachment area to aft-kinematic. In addition, delamination has been observed within the monolithic Carbon Fibre Reinforced Plastic (CFRP) structure around the pivot support-ring. This condition, if not corrected, could lead to in-flight loss of the MFTF#6, potentially resulting in injuries to persons on the ground. To prevent the risk of a MFTF#6 detachment, EASA AD 2008–0216 (which corresponds to FAA AD 2009–10–07) required an inspection programme in order to E:\FR\FM\23FER1.SGM 23FER1

Agencies

[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Rules and Regulations]
[Pages 7929-7931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3116]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

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


Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / 
Rules and Regulations

[[Page 7929]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0418; Directorate Identifier 2009-NM-020-AD; 
Amendment 39-16201; AD 2010-04-08]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 190-100 LR, -100 IGW, -100 STD, -200 STD, -200 LR, 
and -200 IGW 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:

    During routine inspection procedures on the wing assembly line 
it was identified the possibility of cracks and deformation 
developing during assembly on the internal wing spars and rib 
flanges, causing a safe[ty] margin reduction.
* * * * *
The unsafe condition is cracking and deformation of wing spar and rib 
flanges, which could result in loss of structural integrity of the 
wing. We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective March 30, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 30, 
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 May 7, 2009 (74 FR 
21285). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During routine inspection procedures on the wing assembly line 
it was identified the possibility of cracks and deformation 
developing during assembly on the internal wing spars and rib 
flanges, causing a safe[ty] margin reduction.
* * * * *
The unsafe condition is cracking and deformation of wing spar and rib 
flanges, which could result in loss of structural integrity of the 
wing. Corrective actions include performing a detailed inspection for 
damage on wing spar I, II, and III flanges and on certain rib flanges, 
and contacting Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC) (or its delegated agent) and Embraer for an approved repair. 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 Remove Certain Model ERJ 190 Airplanes

    Embraer requests that we remove Model ERJ 190-100 ECJ airplanes 
from the applicability of the NPRM, because that model is not included 
in the effectivity statement of Embraer Service Bulletin 190-57-0023, 
dated June 9, 2008, and is not subject to the unsafe condition 
addressed by the NPRM.
    We agree, for the reasons provided by the commenter. We have 
revised the applicability statement of the AD accordingly.

Request To Change Repair Contact Authority

    Embraer requests that we change paragraph (f)(2) of the NPRM to 
require that any repair of detected cracking or deformation be approved 
by either the FAA or the ANAC, and that Embraer may be contacted for 
repair support. Embraer states that the appropriate corrective action 
would be applying an authority-approved repair to the damaged wing rib 
and spar flanges.
    We disagree with the commenter's request to change paragraph (f)(2) 
of this AD. As specified in paragraph (g)(2) of this AD, corrective 
actions obtained from a manufacturer cannot be used unless they are 
FAA-approved. Paragraph (g)(2) of this AD also states that corrective 
actions are considered FAA-approved if they are approved by the State 
of Design Authority, in this case ANAC (or its delegated agent). We 
have not changed the AD in this regard.

Request To State When No Further Action Is Required

    Embraer requests that we add a paragraph (f)(3) to the NPRM stating 
``If no cracking or deformation is detected during the inspection 
required by paragraph (f)(1) of this AD, no further action is 
required.'' Embraer did not provide justification for this request.
    We agree with Embraer's request to add the statement as 
clarification. We have therefore added paragraph (f)(3) to the AD.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously.

[[Page 7930]]

We determined that these changes 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 27 products of U.S. registry. 
We also estimate that it will take about 10 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $22,950, or $850 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:

2010-04-08 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16201. Docket No. FAA-2009-0418; Directorate Identifier 
2009-NM-020-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
30, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 190-100 LR, -100 IGW, -100 STD, -200 STD, -200 
LR, and -200 IGW airplanes, certificated in any category, serial 
numbers 19000002, 19000004, and 19000006 through 19000062 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

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

    During routine inspection procedures on the wing assembly line 
it was identified the possibility of cracks and deformation 
developing during assembly on the internal wing spars and rib 
flanges, causing a safe[ty] margin reduction.
* * * * *
The unsafe condition is cracking and deformation of wing spar and 
rib flanges, which could result in loss of structural integrity of 
the wing. Corrective actions include performing a detailed 
inspection for damage on wing spar I, II, and III flanges and on 
certain rib flanges, and contacting Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) (or its delegated agent) and 
Embraer for an approved repair.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Before the accumulation of 5,000 total flight cycles on the 
airplane, or within 1,000 flight cycles after the effective date of 
this AD, whichever occurs later: Perform a detailed inspection of 
the left and right wing rib and spars I, II, and III flanges to 
detect cracking or deformation, in accordance with the 
Accomplishment Instructions of Embraer Service Bulletin 190-57-0023, 
dated June 9, 2008.
    (2) If any cracking or deformation is detected during the 
inspection required by paragraph (f)(1) of this AD, before further 
flight, send the inspection results and request for repair 
instructions to ANAC (or its delegated agent) and Embraer Technical 
Support; e-mail: structure@embraer.com.br; and do the repair.
    (3) If no cracking or deformation is detected during the 
inspection required by paragraph (f)(1) of this AD, no further 
action is required by this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: Although the MCAI or service information allows further 
flight after cracks are found during compliance with the required 
action, paragraph (f)(2) of this AD requires that you repair the 
crack(s) before further flight.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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,

[[Page 7931]]

ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; telephone (425) 227-2848; fax (425) 
227-1149. Before using any approved AMOC on any airplane to which 
the AMOC applies, notify your principal maintenance inspector (PMI) 
or principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (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 Brazilian Airworthiness Directive 2008-10-03, 
effective October 21, 2008; and Embraer Service Bulletin 190-57-
0023, dated June 9, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Embraer Service Bulletin 190-57-0023, dated 
June 9, 2008, 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.

    Issued in Renton, Washington, on February 5, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-3116 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-13-P
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