Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes, 30284-30287 [2010-12671]
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30284
Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations
Actions
Compliance
Procedures
(1) Clean and lubricate the aileron pushrod
bearings.
Within the next 10 hours time-in-service (TIS)
after July 6, 2010 (the effective date of this
AD).
Within 50 hours TIS after the cleaning and lubrication required by paragraph (f)(1) of this
AD. Repetitively thereafter at intervals not
to exceed 50 hours TIS.
Follow Quartz Mountain Aerospace Mandatory Service Bulletin No. SB 09–02, dated
May 5, 2009.
Follow Quartz Mountain Aerospace Mandatory Service Bulletin No. SB 09–02, dated
May 5, 2009.
(2) Lubricate the aileron pushrod bearings ........
Special Flight Permit
Issued in Kansas City, Missouri, on May
14, 2010.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
(g) Under 14 CFR part 39.23, a special
flight is not permitted for this AD.
Alternative Methods of Compliance
(AMOCs)
[FR Doc. 2010–12302 Filed 5–28–10; 8:45 am]
(h) The Manager, Fort Worth Aircraft
Certification Office, 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: Garry D. Sills,
Aerospace Engineer, Rotorcraft Directorate—
Airplane Certification Office, ASW–150,
2601 Meacham Blvd, Fort Worth, Texas
76193; telephone: (817) 222–5154; facsimile:
(817) 222–5960. Before using any approved
AMOC on any airplane to which the AMOC
applies, notify your appropriate principal
inspector (PI) in the FAA Flight Standards
District Office (FSDO), or lacking a PI, your
local FSDO.
srobinson on DSKHWCL6B1PROD with RULES
Material Incorporated by Reference
(i) You must use Quartz Mountain
Aerospace Mandatory Service Bulletin No.
SB 09–02, dated May 5, 2009, 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) Quartz Mountain Aerospace, Inc. is in
liquidation. For service information
identified in this AD, contact Manager, Fort
Worth Aircraft Certification Office, FAA,
ATTN: Garry D. Sills, Aerospace Engineer,
Rotorcraft Directorate—Airplane Certification
Office, ASW–150, 2601 Meacham Blvd, Fort
Worth, Texas 76193; telephone: (817) 222–
5154; fax: (817) 222–5960.
(3) You may review copies of the service
information incorporated by reference for
this AD at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas
City, Missouri 64106. For information on the
availability of this material at the Central
Region, call (816) 329–3768.
(4) You may also review copies of the
service information incorporated by reference
for this AD 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.
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BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0176; Directorate
Identifier 2009–NM–201–AD; Amendment
39–16318; AD 2010–11–13]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
During ERJ 170 airplane full scale fatigue
test, cracks were found in some structural
components of the airplane. Analysis of these
cracks resulted in modifications on the
airplane Airworthiness Limitation Items
(ALI), to include new inspections tasks or
modification of existing ones and its
respective thresholds and intervals.
Failure to inspect these components
according to the new tasks, thresholds and
intervals, could prevent a timely detection of
fatigue cracks. Undetected fatigue cracks in
these areas could adversely affect the
structural integrity of these airplanes.
*
*
*
*
*
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
July 6, 2010.
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The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of July 6, 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 March 4, 2010 (75 FR 9811).
That NPRM proposed to correct an
unsafe condition for the specified
products. The MCAI states:
During ERJ 170 airplane full scale fatigue
test, cracks were found in some structural
components of the airplane. Analysis of these
cracks resulted in modifications on the
airplane Airworthiness Limitation Items
(ALI), to include new inspections tasks or
modification of existing ones and its
respective thresholds and intervals.
Failure to inspect these components
according to the new tasks, thresholds and
intervals, could prevent a timely detection of
fatigue cracks. Undetected fatigue cracks in
these areas could adversely affect the
structural integrity of these airplanes.
*
*
*
*
*
The corrective action is revising the
Airworthiness Limitations section of the
Instructions for Continued
Airworthiness to incorporate new
structural inspection requirements. You
may obtain further information by
examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM or
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on the determination of the cost to the
public.
Conclusion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
as proposed.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have required different
actions in this AD from those in the
MCAI in order to follow our FAA
policies. Any such differences are
highlighted in a Note within the AD.
Costs of Compliance
We estimate that this AD will affect
166 products of U.S. registry. We also
estimate that it will take about 1 workhour 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 $14,110, or $85 per product.
srobinson on DSKHWCL6B1PROD with RULES
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
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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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
■
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2010–11–13 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–16318. Docket No.
FAA–2010–0176; Directorate Identifier
2009–NM–201–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective July 6, 2010.
Affected ADs
(b) None.
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30285
Applicability
(c) This AD applies to all Empresa
Brasileira de Aeronautica S.A. (EMBRAER)
Model ERJ 170–100 LR, –100 STD, –100 SE,
–100 SU, –200 LR, –200 STD, and –200 SU
airplanes; certificated in any category.
Note 1: This AD requires revisions to
certain operator maintenance documents to
include new inspections. Compliance with
these inspections is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired in
the areas addressed by these inspections, the
operator may not be able to accomplish the
inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c),
the operator must request approval for an
alternative method of compliance according
to paragraph (h)(1) of this AD. The request
should include a description of changes to
the required inspections that will ensure the
continued operational safety of the airplane.
The FAA has provided guidance for this
determination in Advisory Circular (AC) 25–
1529–1A.
Subject
(d) Air Transport Association (ATA) of
America Code 53: Fuselage; 57: Wings.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
During ERJ 170 airplane full scale fatigue
test, cracks were found in some structural
components of the airplane. Analysis of these
cracks resulted in modifications on the
airplane Airworthiness Limitation Items
(ALI), to include new inspections tasks or
modification of existing ones and its
respective thresholds and intervals.
Failure to inspect these components
according to the new tasks, thresholds and
intervals, could prevent a timely detection of
fatigue cracks. Undetected fatigue cracks in
these areas could adversely affect the
structural integrity of these airplanes.
*
*
*
*
*
The corrective action is revising the
Airworthiness Limitations Section (ALS) of
the Instructions for Continued Airworthiness
(ICA) to incorporate new structural
inspection requirements.
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Actions
(g) Unless already done, do the following
actions.
(1) Within 90 days after the effective date
of this AD, revise the ALS of the ICA to
incorporate the inspection tasks identified in
the EMBRAER temporary revisions (TRs) to
Appendix A—Part 2 of the EMBRAER 170
Maintenance Review Board Report MRB–
1621, listed in Table 1 of this AD. The initial
compliance times for the tasks start from the
applicable threshold times specified in the
TRs for the corresponding tasks of the
maintenance review board report or within
500 flight cycles after the effective date of
this AD, whichever occurs later. For certain
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Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations
tasks, the compliance times depend on the
pre-modification and post-modification
status of the actions specified in the
associated service bulletin, as specified in the
‘‘Applicability’’ column of the applicable TRs
identified in Table 1 of this AD. The
threshold values stated in the TRs referenced
in Table 1 of this AD are total flight cycles
on the airplane since the date of issuance of
the original Brazilian airworthiness
certificate or the date of issuance of the
original Brazilian export certificate of
airworthiness.
TABLE 1—INSPECTION TASKS
TR
Date
Subject
TR 4–1 ............
October 15, 2007 ......................................
Ram air turbine compartment, support structure and cutout
structure—internal.
Nose landing gear wheel well metallic structure ...................
TR 4–3 ............
December 6, 2007 .....................................
TR 4–4 ............
January 18, 2008 ......................................
Wing stub spar 3 side fitting—internal ...................................
Wing upper skin panels—external .........................................
Fixed trailing edge lower skin panel—external ......................
Fixed trailing edge rib 4A—external .......................................
Fixed trailing edge rib 6—internal ..........................................
Wing stub main box lower—internal ......................................
(2) After accomplishing the actions
specified in paragraph (g)(1) of this AD, no
alternative inspections or inspection
intervals may be used unless the inspection
or inspection interval is approved by the
Manager, International Branch, ANM–116,
Transport Airplane Directorate, FAA, or the
ˆ
Agencia Nacional de Aviacao Civil (ANAC)
¸˜
(or its delegated agent); or unless the
inspection or interval is approved as an
alternative method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (h)(1) of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(h) 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.
(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
(i) Refer to MCAI Brazilian Airworthiness
Directive 2009–04–01, dated April 29, 2009;
and the TRs to Appendix A—Part 2 of the
EMBRAER 170 Maintenance Review Board
Report MRB–1621, identified in Table 2 of
this AD; for related information.
TABLE 2—TEMPORARY REVISIONS
EMBRAER temporary
revisions
TR 4–1 ......................
TR 4–3 ......................
TR 4–4 ......................
Date
October 15, 2007.
December 6, 2007.
January 18, 2008.
Task No.
53–10–012–0002
53–10–012–0003
53–10–021–0005
53–10–021–0006
57–01–012–001
57–10–010–0002
57–50–002–0002
57–50–005–0003
57–50–005–0004
57–01–002–003
Material Incorporated by Reference
(j) You must use the service information
contained in Table 3 of this AD 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.
(4) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
TABLE 3—MATERIAL INCORPORATED BY REFERENCE
Dated—
To—
4–1 ............................
srobinson on DSKHWCL6B1PROD with RULES
EMBRAER temporary
revision—
October 15, 2007 .................................................
4–3 ............................
December 6, 2007 ...............................................
4–4 ............................
January 18, 2008 .................................................
Appendix A—Part 2 of the EMBRAER 170 Maintenance Review
Board Report MRB–1621.
Appendix A—Part 2 of the EMBRAER 170 Maintenance Review
Board Report MRB–1621.
Appendix A—Part 2 of the EMBRAER 170 Maintenance Review
Board Report MRB–1621.
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Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations
Issued in Renton, Washington, on May 14,
2010.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–12671 Filed 5–28–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. FAA–2009–0132; Directorate
Identifier 2008–NM–081–AD; Amendment
39–16306; AD 2010–11–01]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135BJ,
–135ER, –135KE, –135KL, –135LR,
–145, –145ER, –145MR, –145LR,
–145XR, –145MP, and –145EP
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:
srobinson on DSKHWCL6B1PROD with RULES
During aircraft full scale fatigue test, it has
been found the occurrence of cracks in the
cockpit windshield post lower eyelet fitting
at the attachment of the center post on the
forward fuselage (SSI 53–10–19). Further
analysis of this cracking resulted in
modifications on the aircraft Airworthiness
Limitation Items (ALI), to include new
inspection tasks and its respective intervals.
Undetected fatigue cracking in this area
could adversely affect the structural integrity
of these airplanes.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective July
6, 2010.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of July 6, 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,
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Comments
1200 New Jersey Avenue, SE.,
Washington, DC.
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
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 February 18, 2009 (74 FR
7570). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
Federal Aviation Administration
During aircraft full scale fatigue test, it has
been found the occurrence of cracks in the
cockpit windshield post lower eyelet fitting
at the attachment of the center post on the
forward fuselage (SSI 53–10–19). Further
analysis of this cracking resulted in
modifications on the aircraft Airworthiness
Limitation Items (ALI), to include new
inspection tasks and its respective intervals.
Undetected fatigue cracking in this area
could adversely affect the structural integrity
of these airplanes.
The corrective action is revising the
Airworthiness Limitations Section
(ALS) of the Instructions for Continued
Airworthiness to incorporate new
structural inspection requirements. You
may obtain further information by
examining the MCAI in the AD docket.
Explanation of Revised Service
Information
Empresa Brasileira de Aeronautica
S.A. (EMBRAER) has issued Revision
12, dated September 19, 2008, of
Appendix 2, ‘‘Airworthiness Limitation
Requirements,’’ of EMBRAER EMB135/
EMB145 Maintenance Review Board
Report (MRBR) MRB–145/1150. In the
NPRM we referred to EMBRAER
EMB135/EMB145 MRBR MRB–145/
1150, Revision 11, dated September 19,
2007, as an appropriate source of service
information.
We have revised paragraph Table 1 of
this AD to refer to Appendix 2,
‘‘Airworthiness Limitation
Requirements,’’ of EMBRAER EMB135/
EMB145 MRBR MRB–145/1150,
Revision 12, dated September 19, 2008.
We have also added a new paragraph
(f)(3) to this AD to specify that actions
done before the effective date of this AD
in accordance with EMBRAER EMB135/
EMB145 MRBR MRB–145/1150,
Revision 11, dated September 19, 2007,
are acceptable for compliance with the
corresponding requirements of this AD.
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30287
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Request To Extend Grace Period
EMBRAER requests that we consider
extending the grace period for doing the
tasks required by paragraph (f) of the
NPRM from 200 flight cycles after
revising the ALS to 500 flight cycles
after revising the ALS. EMBRAER
explains that the extension of the grace
period would allow operators to better
program their maintenance schedules,
thereby avoiding grounding airplanes
without affecting flight safety.
We disagree with the request to
extend the grace period to 500 flight
cycles after revising the ALS. The
commenter did not provide any
technical information to substantiate the
assertion that the extension would not
adversely affect flight safety. However,
under the provisions of paragraph (g)(1)
of this AD, we will consider requests for
adjustments to the grace period if data
are submitted to substantiate that such
an adjustment would provide an
acceptable level of safety. We have not
changed the AD in this regard.
Request To Allow Later Revisions of
Service Information
EMBRAER recommends that we
accept later revisions of Appendix 2,
‘‘Airworthiness Limitation
Requirements,’’ of EMBRAER EMB135/
EMB145 Maintenance Review Board
Report (MRBR) MRB–145/1150,
Revision 11, dated September 19, 2007.
EMBRAER points out that AD 2008–13–
14, Amendment 39–15577 (73 FR
35904, June 25, 2008), accepts later
revisions of the MRBR included in that
AD.
We disagree with adding a general
statement to the AD that accepts any
later revision of EMBRAER MRBR
MRB–145/1150, Revision 11, dated
September 19, 2007, that we have not
reviewed and approved. We note that
we approved use of later revisions of the
MRBR referenced in AD 2008–13–14
only if approved by the Manager, ANM–
ˆ
116, FAA, or Agencia Nacional de
Aviacao Civil (or its delegated agent).
¸˜
We cannot use the phrase, ‘‘or later
FAA-approved revisions,’’ in an AD
when referring to the service document
because doing so violates Office of the
Federal Register (OFR) regulations for
approval of materials ‘‘incorporated by
reference’’ in rules. To allow operators
to use later revisions of the referenced
document (issued after publication of
the AD), either we must revise the AD
to reference specific later revisions, or
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]]>Agencies
[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Rules and Regulations]
[Pages 30284-30287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12671]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0176; Directorate Identifier 2009-NM-201-AD;
Amendment 39-16318; AD 2010-11-13]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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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 ERJ 170 airplane full scale fatigue test, cracks were
found in some structural components of the airplane. Analysis of
these cracks resulted in modifications on the airplane Airworthiness
Limitation Items (ALI), to include new inspections tasks or
modification of existing ones and its respective thresholds and
intervals.
Failure to inspect these components according to the new tasks,
thresholds and intervals, could prevent a timely detection of
fatigue cracks. Undetected fatigue cracks in these areas could
adversely affect the structural integrity of these airplanes.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective July 6, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 6, 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 March 4, 2010 (75 FR
9811). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
During ERJ 170 airplane full scale fatigue test, cracks were
found in some structural components of the airplane. Analysis of
these cracks resulted in modifications on the airplane Airworthiness
Limitation Items (ALI), to include new inspections tasks or
modification of existing ones and its respective thresholds and
intervals.
Failure to inspect these components according to the new tasks,
thresholds and intervals, could prevent a timely detection of
fatigue cracks. Undetected fatigue cracks in these areas could
adversely affect the structural integrity of these airplanes.
* * * * *
The corrective action is revising the Airworthiness Limitations section
of the Instructions for Continued Airworthiness to incorporate new
structural inspection requirements. You may obtain further information
by examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or
[[Page 30285]]
on the determination of the cost to the public.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.
Costs of Compliance
We estimate that this AD will affect 166 products of U.S. registry.
We also estimate that it will take about 1 work-hour 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 $14,110, or $85 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:
2010-11-13 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16318. Docket No. FAA-2010-0176; Directorate Identifier
2009-NM-201-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective July 6,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Empresa Brasileira de Aeronautica
S.A. (EMBRAER) Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -
200 LR, -200 STD, and -200 SU airplanes; certificated in any
category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (h)(1) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane. The FAA has
provided guidance for this determination in Advisory Circular (AC)
25-1529-1A.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage; 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
During ERJ 170 airplane full scale fatigue test, cracks were
found in some structural components of the airplane. Analysis of
these cracks resulted in modifications on the airplane Airworthiness
Limitation Items (ALI), to include new inspections tasks or
modification of existing ones and its respective thresholds and
intervals.
Failure to inspect these components according to the new tasks,
thresholds and intervals, could prevent a timely detection of
fatigue cracks. Undetected fatigue cracks in these areas could
adversely affect the structural integrity of these airplanes.
* * * * *
The corrective action is revising the Airworthiness Limitations
Section (ALS) of the Instructions for Continued Airworthiness (ICA)
to incorporate new structural inspection requirements.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Actions
(g) Unless already done, do the following actions.
(1) Within 90 days after the effective date of this AD, revise
the ALS of the ICA to incorporate the inspection tasks identified in
the EMBRAER temporary revisions (TRs) to Appendix A--Part 2 of the
EMBRAER 170 Maintenance Review Board Report MRB-1621, listed in
Table 1 of this AD. The initial compliance times for the tasks start
from the applicable threshold times specified in the TRs for the
corresponding tasks of the maintenance review board report or within
500 flight cycles after the effective date of this AD, whichever
occurs later. For certain
[[Page 30286]]
tasks, the compliance times depend on the pre-modification and post-
modification status of the actions specified in the associated
service bulletin, as specified in the ``Applicability'' column of
the applicable TRs identified in Table 1 of this AD. The threshold
values stated in the TRs referenced in Table 1 of this AD are total
flight cycles on the airplane since the date of issuance of the
original Brazilian airworthiness certificate or the date of issuance
of the original Brazilian export certificate of airworthiness.
Table 1--Inspection Tasks
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TR Date Subject Task No.
----------------------------------------------------------------------------------------------------------------
TR 4-1............................... October 15, 2007....... Ram air turbine compartment, 53-10-012-0002
support structure and 53-10-012-0003
cutout structure--internal.
Nose landing gear wheel well 53-10-021-0005
metallic structure. 53-10-021-0006
TR 4-3............................... December 6, 2007....... Wing stub spar 3 side 57-01-012-001
fitting--internal.
Wing upper skin panels-- 57-10-010-0002
external.
Fixed trailing edge lower 57-50-002-0002
skin panel--external.
Fixed trailing edge rib 4A-- 57-50-005-0003
external.
Fixed trailing edge rib 6-- 57-50-005-0004
internal.
TR 4-4............................... January 18, 2008....... Wing stub main box lower-- 57-01-002-003
internal.
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(2) After accomplishing the actions specified in paragraph
(g)(1) of this AD, no alternative inspections or inspection
intervals may be used unless the inspection or inspection interval
is approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, or the Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) (or its delegated agent); or
unless the inspection or interval is approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (h)(1) of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(h) 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.
(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
(i) Refer to MCAI Brazilian Airworthiness Directive 2009-04-01,
dated April 29, 2009; and the TRs to Appendix A--Part 2 of the
EMBRAER 170 Maintenance Review Board Report MRB-1621, identified in
Table 2 of this AD; for related information.
Table 2--Temporary Revisions
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EMBRAER temporary revisions Date
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TR 4-1.............................. October 15, 2007.
TR 4-3.............................. December 6, 2007.
TR 4-4.............................. January 18, 2008.
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Material Incorporated by Reference
(j) You must use the service information contained in Table 3 of
this AD 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.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Table 3--Material Incorporated By Reference
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EMBRAER temporary revision-- Dated-- To--
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4-1........................... October 15, 2007. Appendix A--Part 2 of
the EMBRAER 170
Maintenance Review
Board Report MRB-
1621.
4-3........................... December 6, 2007. Appendix A--Part 2 of
the EMBRAER 170
Maintenance Review
Board Report MRB-
1621.
4-4........................... January 18, 2008. Appendix A--Part 2 of
the EMBRAER 170
Maintenance Review
Board Report MRB-
1621.
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[[Page 30287]]
Issued in Renton, Washington, on May 14, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-12671 Filed 5-28-10; 8:45 am]
BILLING CODE 4910-13-P
