Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes, 9816-9821 [2010-4505]
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Embraer 190 MRBR MRB–1928. When these
TRs have been included in general revisions
of the Embraer 190 MRBR MRB–1928, the
general revisions may be inserted in the
Embraer 190 MRBR MRB–1928, provided the
relevant information in the general revision
is identical to that in TR 2–5 and TR 2–6, and
the TRs may be removed.
(2) The initial compliance times for the
tasks specified in Embraer TR 2–5, dated
December 6, 2007; and Embraer TR 2–6,
dated February 12, 2008; start at the later of
the times specified in paragraphs (f)(2)(i) and
(f)(2)(ii) of this AD. For certain tasks, the
compliance times depend on the premodification and post-modification
condition of the associated service bulletin,
as specified in the ‘‘Applicability’’ column of
the TRs.
(i) Within the applicable threshold times
specified in the TRs.
(ii) At the applicable compliance time
specified in Table 1 of this AD.
TABLE 1—MRBR TRS AND TASKS, WITH COMPLIANCE TIMES
MRBR TR
Subject
MRBR task No.
TR 2–5 ...................................
57–01–002–0002
TR 2–5 ...................................
Wing stub main box lower skin and
splices—internal.
Wing stub spar 3—internal/external ..............
TR 2–5 ...................................
Wing stub spar 3—external ...........................
57–01–008–0004
TR 2–5 ...................................
Wing lower skin panel stringers—internal .....
57–10–007–0004
TR 2–5 ...................................
Wing main box rib 11—internal .....................
57–10–012–0003
TR 2–6 ...................................
Nose landing gear wheel well metallic structure.
53–10–021–0004
(iii) Thereafter, except as provided in
paragraph (g) of this AD, no alternative
replacement times or structural inspection
intervals may be approved for these tasks.
FAA AD Differences
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Note 3: This AD differs from the MCAI
and/or service information as follows:
Although the MCAI specifies both revising
the airworthiness limitations and doing
repetitive inspections, this AD only specifies
the revision. Requiring revision of the
airworthiness limitations, rather than
requiring individual repetitive inspections, is
advantageous for operators because it allows
them to record AD compliance status only at
the time that they make the revision, rather
than after every inspection. It also has the
advantage of keeping all airworthiness
limitations, whether imposed by original
certification or by AD, in one place within
the operator’s maintenance program, thereby
reducing the risk of non-compliance because
of oversight or confusion.
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.
The AMOC approval letter must specifically
reference this AD.
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57–01–008–0003
(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 FAAapproved 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 2009–04–02, dated April 29, 2009;
TR 2–5, dated December 6, 2007; and TR 2–
6, dated February 12, 2008; for related
information.
Issued in Renton, Washington, on February
24, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2010–4506 Filed 3–3–10; 8:45 am]
BILLING CODE 4910–13–P
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AD.
500 flight
AD.
500 flight
AD.
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0174; Directorate
Identifier 2009–NM–186–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and ERJ
190 Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above that would
supersede an existing AD. This
proposed AD results from mandatory
continuing airworthiness information
(MCAI) originated by an aviation
authority of another country to identify
and correct an unsafe condition on an
aviation product. The MCAI for
EMBRAER Model ERJ 170 describes the
unsafe condition as: It has been found
the occurrence of an engine in-flight
shutdown caused by the LPCV [low
pressure check valves] failing to close
due to excessive wear, which leads to
the concern that such fault may be
present in both engines of a given
aircraft. The MCAI for EMBRAER Model
ERJ 190 describes the unsafe condition
as: An occurrence of an uncommanded
engine in-flight shutdown (IFSD) was
reported, which was caused by an ERJ
170 defective LPCV. The valve failed to
close due to excessive wear. Despite
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there were no IFSD related to LPCV
failure, some ERJ 190 valves were
inspected and presented cracks due to
low cycle fatigue. Since this failure
mode also might lead to an engine inflight shutdown and since both engines
of the airplane have the same valves,
there is a possibility of an occurrence of
a dual engine IFSD due to LPCV failure.
The proposed AD would require actions
that are intended to address the unsafe
condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by April 19, 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–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this proposed AD, contact Empresa
Brasileira de Aeronautica S.A.
(EMBRAER), Technical Publications
Section (PC 060), Av. Brigadeiro Faria
˜
Lima, 2170–Putim–12227–901 Sao Jose
dos Campos–SP—BRASIL; telephone:
+55 12 3927–5852 or +55 12 3309–0732;
fax: +55 12 3927–7546; e-mail:
distrib@embraer.com.br; Internet: https://
www.flyembraer.com. You may review
copies of the referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For
information on the availability of this
material at the FAA, call 425–227–1221
or 425–227–1152.
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Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone (800) 647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT:
Kenny Kaulia, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2848; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2010–0174; Directorate Identifier
2009–NM–186–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We have lengthened the 30-day
comment period for proposed ADs that
address MCAI originated by aviation
authorities of other countries to provide
adequate time for interested parties to
submit comments. The comment period
for these proposed ADs is now typically
45 days, which is consistent with the
comment period for domestic transport
ADs.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
On July 30, 2007, we issued AD 2007–
16–09, Amendment 39–15148 (72 FR
44734, August 9, 2007). That AD
required actions intended to address an
unsafe condition on the products listed
above.
Since we issued AD 2007–16–09, we
have received reports of cracking in
low-stage check valves having part
ˆ
number (P/N) 1001447–4. The Agencia
Nacional de Aviacao Civil (ANAC),
¸˜
which is the aviation authority for
Brazil, has issued Brazilian
Airworthiness Directive 2005–09–03R2,
effective February 25, 2008 and 2006–
11–01R4, effective April 9, 2009
(referred to after this as ‘‘the MCAI’’), to
correct an unsafe condition for the
specified products. The MCAI for
EMBRAER Model ERJ 170 states:
It has been found the occurrence of an
engine in-flight shutdown caused by the
LPCV [low pressure check valves] failing to
close due to excessive wear, which leads to
the concern that such fault may be present
in both engines of a given aircraft.
*
*
*
*
*
The MCAI for EMBRAER Model ERJ
190 states:
An occurrence of an uncommanded engine
in-flight shutdown (IFSD) was reported on 20
Sep. 2005, which was caused by an ERJ 170
defective LPCV [part number] P/N 1001447–
3 logging 3900 Flight Hours (FH). The valve
failed to close due to excessive wear. Despite
there were no IFSD related to LPCV P/N
1001447–4 failure, some ERJ 190 valves P/N
1001447–4 logging around 2472 FH were
inspected and presented cracks due to low
cycle fatigue. Since this failure mode also
might lead to an engine in-flight shutdown
and since both engines of the airplane have
the same valves, there is a possibility of an
occurrence of a dual engine IFSD due to
LPCV failure.
*
*
*
*
*
The required actions include
repetitive replacements of the low-stage
check valves and associated seals of the
left-hand and right-hand engine bleed
system with new or serviceable valves,
depending on the model. For certain
airplanes, this proposed AD also
includes an optional terminating action
for the repetitive replacements. This
proposed AD would also require, if the
terminating action is done, revising the
approved maintenance plan to include
repetitive functional tests of the lowstage check valve. For certain other
airplanes, this proposed AD would
require replacing a certain low-stage
check valve with an improved low-stage
check valve. You may obtain further
information by examining the MCAI in
the AD docket.
Relevant Service Information
EMBRAER has issued the service
information listed in the following table:
SERVICE INFORMATION
Document
EMBRAER
EMBRAER
EMBRAER
EMBRAER
Service
Service
Service
Service
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Bulletin
Bulletin
Bulletin
Bulletin
170–36–0004
170–36–0011
190–36–0006
190–36–0014
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Revision
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
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01
02
01
01
Date
March 10, 2008.
July 19, 2007.
July 19, 2007.
January 14, 2009.
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SERVICE INFORMATION—Continued
Document
Revision
Task 36–11–02–002 (Low Stage Bleed Check Valve) in Section 1 of the EMBRAER 170 Maintenance Review Board Report MRB–1621.
The actions described in this service
information are intended to correct the
unsafe condition identified in the
MCAI.
Adding New Airplanes
Since AD 2007–16–09, new models
that are affected by the identified unsafe
condition have been added to the U.S.
type certificate data sheet and are
included in this AD. We have added
Models ERJ–190–200 STD, –200 LR, and
–200 IGW to paragraph (c) of this
proposed AD.
Clarification of Applicability
To clarify the affected airplanes, we
have reviseds the applicability of this
proposed AD. AD 2007–16–09 applied
to ‘‘all’’ of the affected models. However,
only airplanes equipped with certain
LPCVs are affected by the identified
unsafe condition. We have revised
paragraph (c) of this AD accordingly.
Change to Existing AD
This proposed AD would retain
certain requirements of AD 2007–16–09.
Since AD 2007–16–09 was issued, the
AD format has been revised, and certain
paragraphs have been rearranged. As a
result, the corresponding paragraph
identifiers have changed in this
proposed AD, as listed in the following
table:
REVISED PARAGRAPH IDENTIFIERS
Requirement in AD
2007–16–09
Corresponding
requirement in this
proposed AD
paragraph (h)
paragraph (i)
paragraph (n)
paragraph (g).
paragraph (h).
paragraph (i).
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
Date
5
November 5, 2008.
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have proposed
different actions in this AD from those
in the MCAI in order to follow FAA
policies. Any such differences are
highlighted in a note within the
proposed AD.
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 231 products of U.S.
registry.
The actions that are required by AD
2007–16–09 and retained in this
proposed AD, which are provided in the
following table provide the estimated
costs, at an average labor rate of $85 per
work hour, for U.S. operators to comply
with this AD. The parts manufacturer
states that it will supply required parts
to operators at no cost.
ESTIMATED COSTS
Work
hours
Action
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Replacement of RH check valves on Model ERJ
170–100 LR, –100 STD, –100 SE, and –100 SU
airplanes.
Replacement of LH check valves on Model ERJ
170–100 LR, –100 STD, –100 SE, –100 SU,
–200 LR, –200 STD, and –200 SU airplanes.
We estimate that it would take about
6 work-hours per product to comply
with the new basic requirements of this
proposed AD. The average labor rate is
$85 per work-hour. Required parts
would cost about $4,219 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
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Cost per airplane
Fleet cost
3
$255, per replacement cycle
55
$14,025, per replacement cycle.
3
$255, per replacement cycle
75
$19,125, per replacement cycle.
incur costs higher than estimated here.
Based on these figures, we estimate the
cost of the proposed AD on U.S.
operators to be $1,092,399, or $4,729 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
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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
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is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
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2. The FAA amends § 39.13 by
removing Amendment 39–15148 (72 FR
44734, August 9, 2007) and adding the
following new AD:
Empresa Brasileira de Aeronautica S.A.
(EMBRAER): Docket No. FAA–2010–
0174; Directorate Identifier 2009–NM–
186–AD.
Comments Due Date
(a) We must receive comments by April 19,
2010.
Affected ADs
(b) The AD supersedes AD 2007–16–09,
Amendment 39–15148.
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Subject
(d) Air Transport Association (ATA) of
America Code 36: Pneumatic.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) for
EMBRAER Model ERJ 170 states:
It has been found the occurrence of an
engine in-flight shutdown caused by the
LPCV failing to close due to excessive wear,
which leads to the concern that such fault
may be present in both engines of a given
aircraft.
*
*
*
*
*
The MCAI for EMBRAER Model ERJ 190
states:
An occurrence of an uncommanded engine
in-flight shutdown (IFSD) was reported on 20
Sep. 2005, which was caused by an ERJ 170
defective LPCV P/N 1001447–3 logging 3900
Flight Hours (FH). The valve failed to close
due to excessive wear. Despite there were no
IFSD related to LPCV P/N 1001447–4 failure,
some ERJ 190 valves P/N 1001447–4 logging
around 2472 FH were inspected and
presented cracks due to low cycle fatigue.
Since this failure mode also might lead to an
engine in-flight shutdown and since both
engines of the airplane have the same valves,
there is a possibility of an occurrence of a
dual engine IFSD due to LPCV failure.
*
1. The authority citation for part 39
continues to read as follows:
§ 39.13
Applicability
(c) This AD applies to the airplanes
identified in paragraphs (c)(1) and (c)(2) of
this AD, certificated in any category.
(1) Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170–100 LR, –100
STD, –100 SE, and –100 SU airplanes; and
Model ERJ 170–200 LR, –200 STD, and –200
SU airplanes; equipped with Hamilton
Sundstrand low pressure check valve (LPCV)
having part number (P/N) 1001447–3.
(2) Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 190–100 ECJ, –100
LR, –100 IGW, –100 STD airplanes; and
Model ERJ 190–200 STD, –200 LR, and –200
IGW airplanes; equipped with Hamilton
Sundstrand LPCV having P/N 1001447–3 or
1001447–4.
*
*
*
*
The required actions include repetitive
replacements of the low-stage check valves
and associated seals of the left-hand and
right-hand engine bleed system with new or
serviceable valves, depending on the model.
For certain airplanes, this AD also includes
an optional terminating action for the
repetitive replacements. This AD also
requires, if the terminating action is done,
revising the approved maintenance plan to
include repetitive functional tests of the lowstage check valve. For certain other airplanes,
this AD requires replacing a certain low-stage
check valve with an improved low-stage
check valve.
Restatement of Requirements of AD 2005–
23–14, With Revised Service Bulletin
Reference
Replacement for Right-Hand (RH) Engine on
Model ERJ 170–100 LR, –100 STD, –100 SE,
and –100 SU Airplanes
(f) For Model ERJ 170–100 LR, –100 STD,
–100 SE, and –100 SU airplanes: Within 100
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flight hours after November 29, 2005 (the
effective date of AD 2005–23–14, which was
superseded by AD 2007–16–09), or prior to
the accumulation of 3,000 total flight hours,
whichever occurs later, replace the low-stage
check valve and associated seals of the RH
engine’s engine bleed system with a new
check valve and new seals, in accordance
with the Accomplishment Instructions of
EMBRAER Alert Service Bulletin 170–36–
A004, dated September 28, 2005; or
paragraph 3.C. of the Accomplishment
Instructions of EMBRAER Service Bulletin
170–36–0004, dated November 18, 2005, or
Revision 01, dated March 10, 2008. As of the
effective date of this AD, only use EMBRAER
Service Bulletin 170–36–0004, Revision 01,
dated March 10, 2008. Repeat the
replacement thereafter at intervals not to
exceed 3,000 flight hours.
Removed Check Valves
(g) Although EMBRAER Alert Service
Bulletin 170–36–A004, dated September 28,
2005, specifies to send removed check valves
to the manufacturer, this AD does not
include that requirement.
Restatement of Certain Requirements of AD
2007–16–09, With Revised Service Bulletin
Reference
Replacement for Left-Hand (LH) Engine on
All Model ERJ 170 Airplanes
(h) For Model ERJ 170–100 LR, –100 STD,
–100 SE, –100 SU, –200 LR, –200 STD, and
–200 SU airplanes: Within 300 flight hours
after September 13, 2007 (the effective date
of AD 2007–16–09) or prior to the
accumulation of 3,000 total flight hours,
whichever occurs later, replace the low-stage
check valve and associated seals of the LH
engine’s engine bleed system with a new
check valve and new seals, in accordance
with paragraph 3.B. of the Accomplishment
Instructions of EMBRAER Service Bulletin
170–36–0004, dated November 18, 2005; or
Revision 01, dated March 10, 2008. As of the
effective date of this AD, only use EMBRAER
Service Bulletin 170–36–0004, Revision 01,
dated March 10, 2008. Repeat the
replacement thereafter at intervals not to
exceed 3,000 flight hours.
Removed Check Valves in Accordance With
New Service Bulletin
(i) Although EMBRAER Service Bulletin
170–36–0004, dated November 18, 2005,
specifies to send removed check valves to the
manufacturer, this AD does not include that
requirement.
New Requirements of This AD: Actions and
Compliance
(j) Unless already done, do the following
actions.
(1) For Model ERJ 170–200 LR, –200 STD,
–and –200 SU airplanes: Within 100 flight
hours after the effective date of this AD, or
prior to the accumulation of 3,000 total flight
hours, whichever occurs later, replace the
low-stage check valve and associated seals of
the RH engine’s engine bleed system with a
new check valve and new seals, in
accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin
170–36–0004, Revision 01, dated March 10,
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2008. Repeat the replacement thereafter at
intervals not to exceed 3,000 flight hours.
(2) For Model ERJ 170–100 LR, –100 STD,
–100 SE, –100 SU, –200 LR, –200 STD, and
–200 SU airplanes: Replacing the LPCV
having P/N 1001447–3 with a new one
having P/N 1001447–4 in accordance with
EMBRAER Service Bulletin 170–36–0011,
Revision 02, dated July 19, 2007, is a
terminating action for the repetitive
replacements required by paragraphs (f), (h),
and (j)(1) of this AD.
(3) For Model ERJ 170–100 LR, –100 STD,
–100 SE, –100 SU, –200 LR, –200 STD, and
–200 SU airplanes, at the earlier of the times
specified in paragraphs (j)(3)(i) and (j)(3)(ii)
of this AD, revise the maintenance program
to include maintenance Task Number 36–11–
02–002 (Low Stage Bleed Check Valve),
specified in Section 1, of the EMBRAER 170
Maintenance Review Board Report (MRBR),
MRB–1621, Revision 5, dated November 5,
2008. Thereafter, except as provided by
paragraph (k) of this AD, no alternative
inspection intervals may be approved for the
task.
(i) Within 180 days after accomplishing
paragraph (j)(2) of this AD.
(ii) Before any LPCV having P/N 1001447–
4 accumulates 3,000 total flight hours, or
within 300 flight hours after the effective
date of this AD, whichever occurs later.
(4) For Model ERJ 170–100 LR, –100 STD,
–100 SE, –100 SU, –200 LR, –200 STD, and
–200 SU airplanes: As of the effective date of
this AD, no person may install any LPCV
identified in paragraph (j)(4)(i) or (j)(4)(ii) of
this AD on any airplane.
(i) Any LPCV having P/N 1001447–3,
installed on Model ERJ–170 airplanes, that
has accumulated more than 3,000 total flight
hours.
(ii) Any LPCV having P/N 1001447–3,
installed on Model ERJ–170 and ERJ–190
airplanes that has accumulated 3,000 or more
total flight hours. To calculate the equivalent
number of flight hours for a LPCV having P/
N 1001447–3 that was installed on Model
ERJ–190 airplane to be installed on a Model
ERJ–170 airplane, the flight hours
accumulated in operation on ERJ–190 models
must be multiplied by a factor of 2 (100
percent).
(5) For Model ERJ 190–100 ECJ, –100 LR,
–100 IGW, –100 STD, –200 STD, –200 LR,
and –200 IGW airplanes: Within 100 flight
hours after the effective date of this AD,
replace all LPCVs having P/N 1001447–3 that
have accumulated 1,500 total flight hours or
more as of the effective date of this AD, with
a new or serviceable LPCV having P/N
1001447–4 that has accumulated less than
2,000 total flight hours since new or since
overhaul, in accordance with the
Accomplishment Instructions of EMBRAER
Service Bulletin 190–36–0006, Revision 01,
dated July 19, 2007.
(6) For Model ERJ 190–100 ECJ, –100 LR,
–100 IGW, –100 STD, –200 STD, –200 LR,
and –200 IGW airplanes: Replace all LPCVs
having P/N 1001447–3 that have
accumulated less than 1,500 total flight hours
as of the effective date of this AD, before the
LPCV accumulates 1,500 total flight hours or
VerDate Nov<24>2008
16:36 Mar 03, 2010
Jkt 220001
within 100 flight hours after the effective
date of this AD, whichever occurs later.
Replace that LPCV with a new or serviceable
LPCV having P/N 1001447–4 that has
accumulated less than 2,000 total flight hours
since new or since overhaul, in accordance
with the Accomplishment Instructions of
EMBRAER Service Bulletin 190–36–0006,
Revision 01, dated July 19, 2007.
(7) For Model ERJ 190–100 ECJ, –100 LR,
–100 IGW, –100 STD, –200 STD, –200 LR,
and –200 IGW airplanes: Within 200 flight
hours after the effective date of this AD, or
before any LPCV having P/N 1001447–4
installed on the right engine accumulates
2,000 total flight hours since new or since
overhaul, whichever occurs later, replace the
valve with a new or serviceable LPCV having
P/N 1001447–4 that has accumulated less
than 2,000 total flight hours since new or
since overhaul, in accordance with the
Accomplishment Instructions of EMBRAER
Service Bulletin 190–36–0014, Revision 01,
dated January 14, 2009. Repeat the
replacement on the right engine at intervals
not to exceed 2,000 total flight hours on the
LPCV since new or last overhaul.
(8) For Model ERJ 190–100 ECJ, –100 LR,
–100 IGW, –100 STD, –200 STD, –200 LR,
and –200 IGW airplanes: Within 200 flight
hours after the effective date of this AD, or
before any LPCV having P/N 1001447–4
installed on the left engine accumulates
2,000 total flight hours since new or last
overhaul, whichever occurs later, replace the
valve with a new or serviceable LPCV having
P/N 1001447–4 that has accumulated less
than 2,000 total flight hours since new or
since overhaul, in accordance with the
Accomplishment Instructions of EMBRAER
Service Bulletin 190–36–0014, Revision 01,
dated January 14, 2009. Repeat the
replacement on the left engine at intervals
not to exceed 2,000 total flight hours on the
LPCV since new or last overhaul.
(9) For Model ERJ 190–100 ECJ, –100 LR,
–100 IGW, –100 STD, –200 STD, –200 LR,
and –200 IGW airplanes: As of the effective
date of this AD, installation on the left and
right engines with a LPCV 1001447–4 valve
is allowed only if the valve has accumulated
less than 2,000 total flight hours since new
or last overhaul prior to installation.
(10) For Model ERJ 190–100 ECJ, –100 LR,
–100 IGW, –100 STD, –200 STD, –200 LR,
and –200 IGW airplanes: As of the effective
date of this AD, no LPCV having P/N
1001447–3 may be installed on any airplane.
Any LPCV having P/N 1001447–3 already
installed on an airplane may remain in
service until reaching the flight-hour limit
defined in paragraphs (j)(5) and (j)(6) of this
AD.
(11) Replacing the LPCV is also acceptable
for compliance with the requirements of
paragraph (j)(2) of this AD if done before the
effective date of this AD in accordance with
EMBRAER Service Bulletin 170–36–0011,
dated January 9, 2007; or EMBRAER Service
Bulletin 170–36–0011, Revision 01, dated
May 28, 2007.
(12) Replacing the LPCV is also acceptable
for compliance with the requirements of
paragraphs (j)(5) and (j)(6) of this AD if done
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
before the effective date of this AD in
accordance with EMBRAER Service Bulletin
190–36–0006, dated April 9, 2007.
(13) Replacing the LPCV is also acceptable
for compliance with the requirements of
paragraph (j)(1) of this AD if done before the
effective date of this AD in accordance with
EMBRAER Service Bulletin 170–36–0004,
dated November 18, 2005.
Note 1: The actions in paragraphs (j)(5),
(j)(6), (j)(7), (j)(8), (j)(9), and (j)(10) of this AD
are considered interim action until a final
action is identified, at which time we might
consider issuing further rulemaking.
FAA AD Differences
Note 2: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(k) 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 paragraph (j) of 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. The AMOC approval letter must
specifically reference this AD. AMOCs
approved previously in accordance with AD
2007–16–09, Amendment 39–15148, are
approved as AMOCs for the corresponding
provisions of paragraph (j) 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 FAAapproved 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
(l) Refer to MCAI Brazilian Airworthiness
Directives 2005–09–03R2, effective February
25, 2008; and 2006–11–01R4, effective April
9, 2009; and the service information listed in
Table 1 of this AD; for related information.
E:\FR\FM\04MRP1.SGM
04MRP1
9821
Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules
TABLE 1—RELATED SERVICE INFORMATION
Document
Revision
EMBRAER Service Bulletin 170–36–0004 ......................................................................................................
EMBRAER Service Bulletin 170–36–0011 ......................................................................................................
EMBRAER Service Bulletin 190–36–0006 ......................................................................................................
EMBRAER Service Bulletin 190–36–0014 ......................................................................................................
Task 36–11–02–002 (Low Stage Bleed Check Valve) in Section 1 of the EMBRAER 170 Maintenance
Review Board Report MRB–1621.
Issued in Renton, Washington, on February
24, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2010–4505 Filed 3–3–10; 8:45 am]
BILLING CODE 4910–13–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA–2008–0041]
RIN 0960–AG87
Disability Determinations by State
Agency Disability Examiners
Social Security Administration.
Notice of proposed rulemaking.
AGENCY:
ACTION:
sroberts on DSKD5P82C1PROD with PROPOSALS
SUMMARY: We propose to amend our
rules to permit disability examiners in
the State agencies to make fully
favorable determinations in certain
claims for disability benefits under titles
II and XVI of the Social Security Act
(Act) without the approval of a medical
or psychological consultant. The
proposed changes would apply on a
temporary basis only to claims we
consider under our rules for Quick
Disability Determinations (QDD) or
under our compassionate allowance
initiative.
DATES: To be sure that we consider your
comments, we must receive them no
later than April 5, 2010.
ADDRESSES: You may submit comments
by any one of three methods—Internet,
fax or mail. Do not submit the same
comments multiple times or by more
than one method. Regardless of which
method you choose, please state that
your comments refer to Docket No.
SSA–2008–0041 so that we may
associate your comments with the
correct regulation.
Caution: You should be careful to
include in your comments only
information that you wish to make
publicly available. We strongly urge you
not to include in your comments any
personal information, such as Social
Security numbers or medical
information.
VerDate Nov<24>2008
16:36 Mar 03, 2010
Jkt 220001
1. Internet: We strongly recommend
this method for submitting your
comments. Visit the Federal
eRulemaking portal at https://
www.regulations.gov. Use the Search
function of the webpage to find docket
number SSA–2008–0041, then submit
your comment. Once you submit your
comment, the system will issue you a
tracking number to confirm your
submission. You will not be able to
view your comment immediately as we
must manually post each comment. It
may take up to a week for your
comment to be viewable.
2. Fax: Fax comments to (410) 966–
2830.
3. Mail: Address your comments to
the Office of Regulations, Social
Security Administration, 137 Altmeyer
Building, 6401 Security Boulevard,
Baltimore, MD 21235–6401.
Comments are available for public
viewing on the Federal eRulemaking
portal at https://www.regulations.gov or
in person, during regular business
hours, by arranging with the contact
person identified below.
FOR FURTHER INFORMATION CONTACT:
Nancy Schoenberg, Office of
Compassionate Allowances and
Disability Outreach, Social Security
Administration, 4692 Annex, 6401
Security Boulevard, Baltimore, MD
21235–6401, (410) 966–9408, for
information about this notice. For
information on eligibility or filing for
benefits, call our national toll-free
number, 1–800–772–1213 or TTY 1–
800–325–0778, or visit our Internet site,
Social Security Online at https://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Electronic Version
The electronic file of this document is
available on the date of publication in
the Federal Register at https://
www.gpoaccess.gov/fr/.
What Do Our Current Rules Provide?
Under our current rules, a State
agency disability examiner and a State
agency medical or psychological
consultant generally work together to
make disability determinations at the
first two levels of the administrative
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
01
02
01
01
5
Date
March 10, 2008.
July 19, 2007.
July 19, 2007.
January 14, 2009.
November 5, 2008.
review process for adjudicating
disability claims under titles II and XVI
of the Act.1 The members of the team
are jointly responsible for the
determination.2 A State agency
disability examiner can make the
disability determination alone only
when there is no medical evidence to
evaluate and the claimant fails or
refuses, without a good reason, to go to
a consultative examination.3
Although we evaluate all disability
claims using the same criteria, we have
developed two methods for expediting
certain claims where there is a high
probability that we will find the
claimant disabled. In the QDD process,
we use a computer-based predictive
model to analyze specific elements of
data in electronic claim files. The
predictive model identifies claims in
which there is a high potential that the
claimant is disabled and in which we
can quickly and easily obtain evidence
supporting the claimant’s allegations.4
In the compassionate allowance
initiative, we use a list of conditions to
quickly identify diseases and other
medical conditions that invariably
qualify under the Listing of Impairments
1 Sections
404.900 and 416.1400.
404.1615(c)(1) and 416.1015(c)(1).
3 Sections 404.1615(c)(2) and 416.1015(c)(2). In
some States, we are testing a modification to the
disability determination procedures that allows
State agency disability examiners called ‘‘single
decisionmakers’’ (SDM) to make both favorable and
unfavorable determinations alone in some cases;
that is, without working in a team with a medical
or psychological consultant. Sections 404.906(b)(2)
and 416.1406(b)(2). We expect to continue that
testing even if we adopt these proposed rules as
final rules. However, if we adopt these proposed
rules as final rules, the changes would apply in all
States, including SDM States. They would allow
SDMs and other disability examiners to make fully
favorable determinations alone in QDD and
compassionate allowance claims.
4 Sections 404.1619 and 416.1019. Our data
demonstrate that the model is working as we
intend. See, for example, ‘‘Good Practices in Social
Security: The Quick Disability Determination (QDD)
and Compassionate Allowances (CAL) Initiatives: A
case of the Social Security Administration,’’
International Social Security Association (ISSA),
2009, available at: https://www.issa.int/aiss/
Observatory/Good-Practices/The-Quick-DisabilityDetermination-QDD-and-CompassionateAllowances-CAL–Initiatives. In that paper, we
reported to ISSA that the processing time for QDD
allowances is about 12 days.
2 Sections
E:\FR\FM\04MRP1.SGM
04MRP1
]]>Agencies
[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Proposed Rules]
[Pages 9816-9821]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4505]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0174; Directorate Identifier 2009-NM-186-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and ERJ 190 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI for EMBRAER Model ERJ 170 describes the unsafe condition as: It
has been found the occurrence of an engine in-flight shutdown caused by
the LPCV [low pressure check valves] failing to close due to excessive
wear, which leads to the concern that such fault may be present in both
engines of a given aircraft. The MCAI for EMBRAER Model ERJ 190
describes the unsafe condition as: An occurrence of an uncommanded
engine in-flight shutdown (IFSD) was reported, which was caused by an
ERJ 170 defective LPCV. The valve failed to close due to excessive
wear. Despite
[[Page 9817]]
there were no IFSD related to LPCV failure, some ERJ 190 valves were
inspected and presented cracks due to low cycle fatigue. Since this
failure mode also might lead to an engine in-flight shutdown and since
both engines of the airplane have the same valves, there is a
possibility of an occurrence of a dual engine IFSD due to LPCV failure.
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by April 19, 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-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170-Putim-
12227-901 S[atilde]o Jose dos Campos-SP--BRASIL; telephone: +55 12
3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail:
distrib@embraer.com.br; Internet: https://www.flyembraer.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call 425-227-1221 or 425-227-1152.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Kenny Kaulia, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2848; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0174;
Directorate Identifier 2009-NM-186-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On July 30, 2007, we issued AD 2007-16-09, Amendment 39-15148 (72
FR 44734, August 9, 2007). That AD required actions intended to address
an unsafe condition on the products listed above.
Since we issued AD 2007-16-09, we have received reports of cracking
in low-stage check valves having part number (P/N) 1001447-4. The
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which is
the aviation authority for Brazil, has issued Brazilian Airworthiness
Directive 2005-09-03R2, effective February 25, 2008 and 2006-11-01R4,
effective April 9, 2009 (referred to after this as ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI for
EMBRAER Model ERJ 170 states:
It has been found the occurrence of an engine in-flight shutdown
caused by the LPCV [low pressure check valves] failing to close due
to excessive wear, which leads to the concern that such fault may be
present in both engines of a given aircraft.
* * * * *
The MCAI for EMBRAER Model ERJ 190 states:
An occurrence of an uncommanded engine in-flight shutdown (IFSD)
was reported on 20 Sep. 2005, which was caused by an ERJ 170
defective LPCV [part number] P/N 1001447-3 logging 3900 Flight Hours
(FH). The valve failed to close due to excessive wear. Despite there
were no IFSD related to LPCV P/N 1001447-4 failure, some ERJ 190
valves P/N 1001447-4 logging around 2472 FH were inspected and
presented cracks due to low cycle fatigue. Since this failure mode
also might lead to an engine in-flight shutdown and since both
engines of the airplane have the same valves, there is a possibility
of an occurrence of a dual engine IFSD due to LPCV failure.
* * * * *
The required actions include repetitive replacements of the low-
stage check valves and associated seals of the left-hand and right-hand
engine bleed system with new or serviceable valves, depending on the
model. For certain airplanes, this proposed AD also includes an
optional terminating action for the repetitive replacements. This
proposed AD would also require, if the terminating action is done,
revising the approved maintenance plan to include repetitive functional
tests of the low-stage check valve. For certain other airplanes, this
proposed AD would require replacing a certain low-stage check valve
with an improved low-stage check valve. You may obtain further
information by examining the MCAI in the AD docket.
Relevant Service Information
EMBRAER has issued the service information listed in the following
table:
Service Information
------------------------------------------------------------------------
Document Revision Date
------------------------------------------------------------------------
EMBRAER Service Bulletin 170- 01 March 10, 2008.
36-0004.
EMBRAER Service Bulletin 170- 02 July 19, 2007.
36-0011.
EMBRAER Service Bulletin 190- 01 July 19, 2007.
36-0006.
EMBRAER Service Bulletin 190- 01 January 14, 2009.
36-0014.
[[Page 9818]]
Task 36-11-02-002 (Low Stage 5 November 5, 2008.
Bleed Check Valve) in Section
1 of the EMBRAER 170
Maintenance Review Board
Report MRB-1621.
------------------------------------------------------------------------
The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
Adding New Airplanes
Since AD 2007-16-09, new models that are affected by the identified
unsafe condition have been added to the U.S. type certificate data
sheet and are included in this AD. We have added Models ERJ-190-200
STD, -200 LR, and -200 IGW to paragraph (c) of this proposed AD.
Clarification of Applicability
To clarify the affected airplanes, we have reviseds the
applicability of this proposed AD. AD 2007-16-09 applied to ``all'' of
the affected models. However, only airplanes equipped with certain
LPCVs are affected by the identified unsafe condition. We have revised
paragraph (c) of this AD accordingly.
Change to Existing AD
This proposed AD would retain certain requirements of AD 2007-16-
09. Since AD 2007-16-09 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:
Revised Paragraph Identifiers
------------------------------------------------------------------------
Corresponding requirement in this
Requirement in AD 2007-16-09 proposed AD
------------------------------------------------------------------------
paragraph (h) paragraph (g).
paragraph (i) paragraph (h).
paragraph (n) paragraph (i).
------------------------------------------------------------------------
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a note within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 231 products of U.S. registry.
The actions that are required by AD 2007-16-09 and retained in this
proposed AD, which are provided in the following table provide the
estimated costs, at an average labor rate of $85 per work hour, for
U.S. operators to comply with this AD. The parts manufacturer states
that it will supply required parts to operators at no cost.
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of
Work Cost per U.S.-
Action hours airplane registered Fleet cost
airplanes
----------------------------------------------------------------------------------------------------------------
Replacement of RH check 3 $255, per 55 $14,025, per replacement cycle.
valves on Model ERJ 170-100 replacement
LR, -100 STD, -100 SE, and - cycle
100 SU airplanes.
Replacement of LH check 3 $255, per 75 $19,125, per replacement cycle.
valves on Model ERJ 170-100 replacement
LR, -100 STD, -100 SE, -100 cycle
SU, -200 LR, -200 STD, and -
200 SU airplanes.
----------------------------------------------------------------------------------------------------------------
We estimate that it would take about 6 work-hours per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $4,219
per product. Where the service information lists required parts costs
that are covered under warranty, we have assumed that there will be no
charge for these costs. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of the proposed AD
on U.S. operators to be $1,092,399, or $4,729 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
[[Page 9819]]
is within the scope of that authority because it addresses an unsafe
condition that is likely to exist or develop on products identified in
this rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by removing Amendment 39-15148 (72 FR
44734, August 9, 2007) and adding the following new AD:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2010-0174; Directorate Identifier 2009-NM-186-AD.
Comments Due Date
(a) We must receive comments by April 19, 2010.
Affected ADs
(b) The AD supersedes AD 2007-16-09, Amendment 39-15148.
Applicability
(c) This AD applies to the airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD, certificated in any category.
(1) Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ
170-100 LR, -100 STD, -100 SE, and -100 SU airplanes; and Model ERJ
170-200 LR, -200 STD, and -200 SU airplanes; equipped with Hamilton
Sundstrand low pressure check valve (LPCV) having part number (P/N)
1001447-3.
(2) Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ
190-100 ECJ, -100 LR, -100 IGW, -100 STD airplanes; and Model ERJ
190-200 STD, -200 LR, and -200 IGW airplanes; equipped with Hamilton
Sundstrand LPCV having P/N 1001447-3 or 1001447-4.
Subject
(d) Air Transport Association (ATA) of America Code 36:
Pneumatic.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
for EMBRAER Model ERJ 170 states:
It has been found the occurrence of an engine in-flight shutdown
caused by the LPCV failing to close due to excessive wear, which
leads to the concern that such fault may be present in both engines
of a given aircraft.
* * * * *
The MCAI for EMBRAER Model ERJ 190 states:
An occurrence of an uncommanded engine in-flight shutdown (IFSD)
was reported on 20 Sep. 2005, which was caused by an ERJ 170
defective LPCV P/N 1001447-3 logging 3900 Flight Hours (FH). The
valve failed to close due to excessive wear. Despite there were no
IFSD related to LPCV P/N 1001447-4 failure, some ERJ 190 valves P/N
1001447-4 logging around 2472 FH were inspected and presented cracks
due to low cycle fatigue. Since this failure mode also might lead to
an engine in-flight shutdown and since both engines of the airplane
have the same valves, there is a possibility of an occurrence of a
dual engine IFSD due to LPCV failure.
* * * * *
The required actions include repetitive replacements of the low-
stage check valves and associated seals of the left-hand and right-
hand engine bleed system with new or serviceable valves, depending
on the model. For certain airplanes, this AD also includes an
optional terminating action for the repetitive replacements. This AD
also requires, if the terminating action is done, revising the
approved maintenance plan to include repetitive functional tests of
the low-stage check valve. For certain other airplanes, this AD
requires replacing a certain low-stage check valve with an improved
low-stage check valve.
Restatement of Requirements of AD 2005-23-14, With Revised Service
Bulletin Reference
Replacement for Right-Hand (RH) Engine on Model ERJ 170-100 LR, -
100 STD, -100 SE, and -100 SU Airplanes
(f) For Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU
airplanes: Within 100 flight hours after November 29, 2005 (the
effective date of AD 2005-23-14, which was superseded by AD 2007-16-
09), or prior to the accumulation of 3,000 total flight hours,
whichever occurs later, replace the low-stage check valve and
associated seals of the RH engine's engine bleed system with a new
check valve and new seals, in accordance with the Accomplishment
Instructions of EMBRAER Alert Service Bulletin 170-36-A004, dated
September 28, 2005; or paragraph 3.C. of the Accomplishment
Instructions of EMBRAER Service Bulletin 170-36-0004, dated November
18, 2005, or Revision 01, dated March 10, 2008. As of the effective
date of this AD, only use EMBRAER Service Bulletin 170-36-0004,
Revision 01, dated March 10, 2008. Repeat the replacement thereafter
at intervals not to exceed 3,000 flight hours.
Removed Check Valves
(g) Although EMBRAER Alert Service Bulletin 170-36-A004, dated
September 28, 2005, specifies to send removed check valves to the
manufacturer, this AD does not include that requirement.
Restatement of Certain Requirements of AD 2007-16-09, With Revised
Service Bulletin Reference
Replacement for Left-Hand (LH) Engine on All Model ERJ 170
Airplanes
(h) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200
LR, -200 STD, and -200 SU airplanes: Within 300 flight hours after
September 13, 2007 (the effective date of AD 2007-16-09) or prior to
the accumulation of 3,000 total flight hours, whichever occurs
later, replace the low-stage check valve and associated seals of the
LH engine's engine bleed system with a new check valve and new
seals, in accordance with paragraph 3.B. of the Accomplishment
Instructions of EMBRAER Service Bulletin 170-36-0004, dated November
18, 2005; or Revision 01, dated March 10, 2008. As of the effective
date of this AD, only use EMBRAER Service Bulletin 170-36-0004,
Revision 01, dated March 10, 2008. Repeat the replacement thereafter
at intervals not to exceed 3,000 flight hours.
Removed Check Valves in Accordance With New Service Bulletin
(i) Although EMBRAER Service Bulletin 170-36-0004, dated
November 18, 2005, specifies to send removed check valves to the
manufacturer, this AD does not include that requirement.
New Requirements of This AD: Actions and Compliance
(j) Unless already done, do the following actions.
(1) For Model ERJ 170-200 LR, -200 STD, -and -200 SU airplanes:
Within 100 flight hours after the effective date of this AD, or
prior to the accumulation of 3,000 total flight hours, whichever
occurs later, replace the low-stage check valve and associated seals
of the RH engine's engine bleed system with a new check valve and
new seals, in accordance with the Accomplishment Instructions of
EMBRAER Service Bulletin 170-36-0004, Revision 01, dated March 10,
[[Page 9820]]
2008. Repeat the replacement thereafter at intervals not to exceed
3,000 flight hours.
(2) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200
LR, -200 STD, and -200 SU airplanes: Replacing the LPCV having P/N
1001447-3 with a new one having P/N 1001447-4 in accordance with
EMBRAER Service Bulletin 170-36-0011, Revision 02, dated July 19,
2007, is a terminating action for the repetitive replacements
required by paragraphs (f), (h), and (j)(1) of this AD.
(3) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200
LR, -200 STD, and -200 SU airplanes, at the earlier of the times
specified in paragraphs (j)(3)(i) and (j)(3)(ii) of this AD, revise
the maintenance program to include maintenance Task Number 36-11-02-
002 (Low Stage Bleed Check Valve), specified in Section 1, of the
EMBRAER 170 Maintenance Review Board Report (MRBR), MRB-1621,
Revision 5, dated November 5, 2008. Thereafter, except as provided
by paragraph (k) of this AD, no alternative inspection intervals may
be approved for the task.
(i) Within 180 days after accomplishing paragraph (j)(2) of this
AD.
(ii) Before any LPCV having P/N 1001447-4 accumulates 3,000
total flight hours, or within 300 flight hours after the effective
date of this AD, whichever occurs later.
(4) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200
LR, -200 STD, and -200 SU airplanes: As of the effective date of
this AD, no person may install any LPCV identified in paragraph
(j)(4)(i) or (j)(4)(ii) of this AD on any airplane.
(i) Any LPCV having P/N 1001447-3, installed on Model ERJ-170
airplanes, that has accumulated more than 3,000 total flight hours.
(ii) Any LPCV having P/N 1001447-3, installed on Model ERJ-170
and ERJ-190 airplanes that has accumulated 3,000 or more total
flight hours. To calculate the equivalent number of flight hours for
a LPCV having P/N 1001447-3 that was installed on Model ERJ-190
airplane to be installed on a Model ERJ-170 airplane, the flight
hours accumulated in operation on ERJ-190 models must be multiplied
by a factor of 2 (100 percent).
(5) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -200
STD, -200 LR, and -200 IGW airplanes: Within 100 flight hours after
the effective date of this AD, replace all LPCVs having P/N 1001447-
3 that have accumulated 1,500 total flight hours or more as of the
effective date of this AD, with a new or serviceable LPCV having P/N
1001447-4 that has accumulated less than 2,000 total flight hours
since new or since overhaul, in accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin 190-36-0006, Revision 01,
dated July 19, 2007.
(6) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -200
STD, -200 LR, and -200 IGW airplanes: Replace all LPCVs having P/N
1001447-3 that have accumulated less than 1,500 total flight hours
as of the effective date of this AD, before the LPCV accumulates
1,500 total flight hours or within 100 flight hours after the
effective date of this AD, whichever occurs later. Replace that LPCV
with a new or serviceable LPCV having P/N 1001447-4 that has
accumulated less than 2,000 total flight hours since new or since
overhaul, in accordance with the Accomplishment Instructions of
EMBRAER Service Bulletin 190-36-0006, Revision 01, dated July 19,
2007.
(7) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -200
STD, -200 LR, and -200 IGW airplanes: Within 200 flight hours after
the effective date of this AD, or before any LPCV having P/N
1001447-4 installed on the right engine accumulates 2,000 total
flight hours since new or since overhaul, whichever occurs later,
replace the valve with a new or serviceable LPCV having P/N 1001447-
4 that has accumulated less than 2,000 total flight hours since new
or since overhaul, in accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin 190-36-0014, Revision 01,
dated January 14, 2009. Repeat the replacement on the right engine
at intervals not to exceed 2,000 total flight hours on the LPCV
since new or last overhaul.
(8) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -200
STD, -200 LR, and -200 IGW airplanes: Within 200 flight hours after
the effective date of this AD, or before any LPCV having P/N
1001447-4 installed on the left engine accumulates 2,000 total
flight hours since new or last overhaul, whichever occurs later,
replace the valve with a new or serviceable LPCV having P/N 1001447-
4 that has accumulated less than 2,000 total flight hours since new
or since overhaul, in accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin 190-36-0014, Revision 01,
dated January 14, 2009. Repeat the replacement on the left engine at
intervals not to exceed 2,000 total flight hours on the LPCV since
new or last overhaul.
(9) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -200
STD, -200 LR, and -200 IGW airplanes: As of the effective date of
this AD, installation on the left and right engines with a LPCV
1001447-4 valve is allowed only if the valve has accumulated less
than 2,000 total flight hours since new or last overhaul prior to
installation.
(10) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -
200 STD, -200 LR, and -200 IGW airplanes: As of the effective date
of this AD, no LPCV having P/N 1001447-3 may be installed on any
airplane. Any LPCV having P/N 1001447-3 already installed on an
airplane may remain in service until reaching the flight-hour limit
defined in paragraphs (j)(5) and (j)(6) of this AD.
(11) Replacing the LPCV is also acceptable for compliance with
the requirements of paragraph (j)(2) of this AD if done before the
effective date of this AD in accordance with EMBRAER Service
Bulletin 170-36-0011, dated January 9, 2007; or EMBRAER Service
Bulletin 170-36-0011, Revision 01, dated May 28, 2007.
(12) Replacing the LPCV is also acceptable for compliance with
the requirements of paragraphs (j)(5) and (j)(6) of this AD if done
before the effective date of this AD in accordance with EMBRAER
Service Bulletin 190-36-0006, dated April 9, 2007.
(13) Replacing the LPCV is also acceptable for compliance with
the requirements of paragraph (j)(1) of this AD if done before the
effective date of this AD in accordance with EMBRAER Service
Bulletin 170-36-0004, dated November 18, 2005.
Note 1: The actions in paragraphs (j)(5), (j)(6), (j)(7),
(j)(8), (j)(9), and (j)(10) of this AD are considered interim action
until a final action is identified, at which time we might consider
issuing further rulemaking.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(k) 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 paragraph (j) of 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. The AMOC approval letter must
specifically reference this AD. AMOCs approved previously in
accordance with AD 2007-16-09, Amendment 39-15148, are approved as
AMOCs for the corresponding provisions of paragraph (j) 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
(l) Refer to MCAI Brazilian Airworthiness Directives 2005-09-
03R2, effective February 25, 2008; and 2006-11-01R4, effective April
9, 2009; and the service information listed in Table 1 of this AD;
for related information.
[[Page 9821]]
Table 1--Related Service Information
------------------------------------------------------------------------
Document Revision Date
------------------------------------------------------------------------
EMBRAER Service Bulletin 170- 01 March 10, 2008.
36-0004.
EMBRAER Service Bulletin 170- 02 July 19, 2007.
36-0011.
EMBRAER Service Bulletin 190- 01 July 19, 2007.
36-0006.
EMBRAER Service Bulletin 190- 01 January 14, 2009.
36-0014.
Task 36-11-02-002 (Low Stage 5 November 5, 2008.
Bleed Check Valve) in Section
1 of the EMBRAER 170
Maintenance Review Board
Report MRB-1621.
------------------------------------------------------------------------
Issued in Renton, Washington, on February 24, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-4505 Filed 3-3-10; 8:45 am]
BILLING CODE 4910-13-P
