Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes, 55781-55783 [2011-21622]
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55781
Rules and Regulations
Federal Register
Vol. 76, No. 175
Friday, September 9, 2011
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
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.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF TRANSPORTATION
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.
Federal Aviation Administration
SUPPLEMENTARY INFORMATION:
14 CFR Part 39
Discussion
[Docket No. FAA–2010–1310; Directorate
Identifier 2010–NM–067–AD; Amendment
39–16786; AD 2011–18–04]
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 January 13, 2011 (76 FR
2279). That NPRM proposed to correct
an unsafe condition for the specified
products. MCAI Brazilian Airworthiness
Directive 2009–11–01 states:
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and ERJ
190 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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:
SUMMARY:
mstockstill on DSK4VPTVN1PROD with RULES
It has been reported during operational
checks that some failures of the Escape Slide
* * * installed on the forward passenger and
service door have occurred which prevented
the door from opening.
* * * [T]his condition * * * could delay
an emergency evacuation and increase the
chance of injury to passengers and flight
crew * * *.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
October 14, 2011.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 14, 2011.
ADDRESSES: You may examine the AD
docket on the Internet at https://
VerDate Mar<15>2010
16:30 Sep 08, 2011
Jkt 223001
It has been reported during operational
checks that some failures of the Escape Slide
P/N [part number] 4A4030–2 and P/N
4A4030–4 installed on the forward passenger
and service door have occurred which
prevented the door from opening.
Since this condition * * * could delay an
emergency evacuation and increase the
chance of injury to passengers and flight
crew, a corrective action is required.
MCAI Brazilian Airworthiness Directive
2009–08–02 states:
It has been reported during operational
checks some failures in the deployment of
the Escape Slide P/N 104003–1 installed in
the forward passenger and service door,
preventing the door opening.
Since this condition * * * could impede
an emergency evacuation and increase the
chance of injury to passengers and flight
crew, a corrective action is required.
The required actions include modifying
the escape slides of the forward
passenger and service doors, and doing
borescope inspections for damage of the
aspirator body and inlet cross valve.
Corrective actions include replacing the
aspirator body. You may obtain further
information by examining the MCAI in
the AD docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Request To Delay the AD
Goodrich requested that issuance of
this AD be delayed until further notice
pending completion of their ongoing
investigations into the root cause of
additional door stall events. The
commenter anticipates that a reduced
overhaul cycle might be required to
mitigate future occurrences until a
complete and final action is developed.
We disagree with the request to delay
the AD. To delay this action would be
inappropriate, in light of the identified
unsafe condition. We might consider
additional rulemaking action, however,
if we receive new information
indicating the need to change the AD.
We have not changed the AD in this
regard.
Request To Expand the Applicability of
the AD
EMBRAER requested that postmodification part number (P/N)
4A4030–5 for the ERJ 170, and P/N
104003–2 for the ERJ 190, be included
in the Applicability, Actions, and Parts
Installation paragraphs of the NPRM
(paragraphs (c), (g), and (i) respectively).
The commenter made this request in
response to reports of door stall caused
by the forward escape slide of those part
numbers post-modification using the
version of the Goodrich service
information cited in the NPRM.
We disagree with the request to add
the part numbers. While we are aware
of the reports of door stall caused by the
forward escape slides with those other
parts that had been modified per the
Goodrich service information cited in
the NPRM, we understand that the root
cause of the door stall is still under
investigation, as mentioned by the
previous commenter. Further, we
choose to not delay issuance of the AD
as mentioned previously, because the
known unsafe condition exists on the
part numbers specified in the NPRM.
When that investigation is complete we
might take further rulemaking action.
We have not changed the AD in this
regard.
Conclusion
We reviewed the available data,
including the comments received, and
determined that air safety and the
public interest require adopting the AD
as proposed.
E:\FR\FM\09SER1.SGM
09SER1
55782
Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations
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.
mstockstill on DSK4VPTVN1PROD with RULES
Costs of Compliance
We estimate that this AD will affect
about 236 products of U.S. registry. We
also estimate that it will take about 12
work-hours per product to comply with
the basic requirements of this AD. The
average labor rate is $85 per work-hour.
Required parts will cost about $0 per
product. Where the service information
lists required parts costs that are
covered under warranty, we have
assumed that there will be no charge for
these parts. As we do not control
warranty coverage for affected parties,
some parties may incur costs higher
than estimated here. Based on these
figures, we estimate the cost of this AD
to the U.S. operators to be $240,720, or
$1,020 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
VerDate Mar<15>2010
16:30 Sep 08, 2011
Jkt 223001
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:
■
2011–18–04 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–16786. Docket No.
FAA–2010–1310; Directorate Identifier
2010–NM–067–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective October 14, 2011.
Affected ADs
(b) None.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Applicability
(c) This AD applies to Empresa Brasileira
de Aeronautica S.A. (EMBRAER) airplanes as
identified in paragraphs (c)(1) and (c)(2) of
this AD, certificated in any category.
(1) Model ERJ 170–100 LR, –100 STD, –100
SE, and –100 SU airplanes; and Model ERJ
170–200 LR, –200 SU, and –200 STD
airplanes; equipped with Goodrich escape
slides having part number (P/N) 4A4030–2 or
P/N 4A4030–4.
(2) Model ERJ 190–100 STD, –100 LR, –100
ECJ, and –100 IGW airplanes; and Model ERJ
190–200 STD, –200 LR, and –200 IGW
airplanes; equipped with Goodrich escape
slides having P/N 104003–1.
Subject
(d) Air Transport Association (ATA) of
America Code 25: Equipment/furnishings.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
It has been reported during operational
checks that some failures of the Escape Slide
* * * installed on the forward passenger and
service door have occurred which prevented
the door from opening.
* * * [T]his condition * * * could delay
an emergency evacuation and increase the
chance of injury to passengers and flight
crew * * *.
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) Within 18 months after the effective
date of this AD, modify the forward escape
slide and do a borescope inspection of the
aspirator body and inlet cross valve, in
accordance with the Accomplishment
Instructions of the Goodrich alert service
bulletin identified in paragraph (g)(1) or
(g)(2) of this AD, as applicable. Do all
applicable corrective actions before further
flight.
(1) For any forward door escape slide
having P/N 4A4030–2 or P/N 4A4030–4:
Goodrich Alert Service Bulletin 4A4030–
25A379, original, dated August 10, 2009.
(2) For any forward door escape slide
having P/N 104003–1: Goodrich Alert Service
Bulletin 104003–25A380, Revision 2, dated
July 7, 2009.
Credit for Actions Accomplished in
Accordance With Previous Service
Information
(h) Actions accomplished before the
effective date of this AD in accordance with
Goodrich Alert Service Bulletin 104003–
25A380, Revision 1, dated April 15, 2009, are
considered acceptable for compliance with
the corresponding action specified in this
AD.
Parts Installation
(i) After 6 months from the effective date
of this AD, no airplane may operate with the
forward door escape slide having P/N
4A4030–2 or P/N 4A4030–4 (for Model ERJ
170 airplanes), or P/N 104003–1 (for Model
E:\FR\FM\09SER1.SGM
09SER1
Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations
ERJ 190 airplanes), on which 18 months or
more has elapsed from the slide date of
manufacture (for slides that have not been
repacked) or the date of last slide repack (for
slides that have been repacked).
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(j) 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.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the International Branch, send it 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. Information may be e-mailed to:
9-ANM-116-AMOC-REQUESTS@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office/
certificate holding 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.
mstockstill on DSK4VPTVN1PROD with RULES
Related Information
(k) Refer to MCAI Brazilian Airworthiness
Directive 2009–11–01, dated November 30,
2009; MCAI Brazilian Airworthiness
Directive 2009–08–02, dated August 18,
2009; Goodrich Alert Service Bulletin
4A4030–25A379, original, dated August 10,
2009; and Goodrich Alert Service Bulletin
104003–25A380, Revision 2, dated July 7,
2009; for related information.
Material Incorporated by Reference
(l) You must use Goodrich Alert Service
Bulletin 4A4030–25A379, original, dated
August 10, 2009; or Goodrich Alert Service
Bulletin 104003–25A380, Revision 2, dated
July 7, 2009; as applicable; to do the actions
required by this AD, unless the AD specifies
otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro
VerDate Mar<15>2010
16:30 Sep 08, 2011
Jkt 223001
˜
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.
Issued in Renton, Washington, on August
12, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2011–21622 Filed 9–8–11; 8:45 am]
BILLING CODE 4910–13–P
55783
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
October 14, 2011.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 14, 2011.
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:
Cindy Ashforth, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; phone: 425–
227–2768; fax: 425–227–1149; e-mail:
cindy.ashforth@faa.gov.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0216; Directorate
Identifier 2010–NM–197–AD; Amendment
39–16796; AD 2011–18–14]
RIN 2120–AA64
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 14, 2011 (76 FR
13539). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
AGENCY:
We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
* * * The pylon internal shear pin was
found cracked during a regular check.
Further investigation revealed that the failure
occurred due to hydrogen embrittlement. The
ANAC is issuing this [Brazilian] AD to
prevent insufficient strength of the pylon to
wing attachment, which in combination with
an engine imbalance caused by a fan blade
out could cause pylon to wing attachment
failure and consequent engine separation.
*
*
*
*
*
Required actions include replacing
pylon shear pins in the rear outboard
and inboard shear pin assembly in the
right- and left-hand pylons with new
parts. You may obtain further
information by examining the MCAI in
the AD docket.
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 190 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY:
* * * The pylon internal shear pin was
found cracked during a regular check.
Further investigation revealed that the failure
occurred due to hydrogen embrittlement. The
ˆ
ANAC [Agencia Nacional de Aviacao Civil]
¸˜
is issuing this [Brazilian] AD to prevent
insufficient strength of the pylon to wing
attachment, which in combination with an
engine imbalance caused by a fan blade out
could cause pylon to wing attachment failure
and consequent engine separation.
*
PO 00000
*
*
Frm 00003
*
Fmt 4700
*
Sfmt 4700
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Request for Further Inspection
JetBlue requested that, in addition to
replacement of the pylon rear inboard
and outboard internal shear pins, a
detailed visual inspection of the pylon
rear outboard and inboard external
shear pins should be done to ensure that
E:\FR\FM\09SER1.SGM
09SER1
Agencies
[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Rules and Regulations]
[Pages 55781-55783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21622]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 /
Rules and Regulations
[[Page 55781]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-1310; Directorate Identifier 2010-NM-067-AD;
Amendment 39-16786; AD 2011-18-04]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and ERJ 190 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are 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:
It has been reported during operational checks that some
failures of the Escape Slide * * * installed on the forward
passenger and service door have occurred which prevented the door
from opening.
* * * [T]his condition * * * could delay an emergency evacuation
and increase the chance of injury to passengers and flight crew * *
*.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective October 14, 2011.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 14,
2011.
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 January 13, 2011 (76
FR 2279). That NPRM proposed to correct an unsafe condition for the
specified products. MCAI Brazilian Airworthiness Directive 2009-11-01
states:
It has been reported during operational checks that some
failures of the Escape Slide P/N [part number] 4A4030-2 and P/N
4A4030-4 installed on the forward passenger and service door have
occurred which prevented the door from opening.
Since this condition * * * could delay an emergency evacuation
and increase the chance of injury to passengers and flight crew, a
corrective action is required.
MCAI Brazilian Airworthiness Directive 2009-08-02 states:
It has been reported during operational checks some failures in
the deployment of the Escape Slide P/N 104003-1 installed in the
forward passenger and service door, preventing the door opening.
Since this condition * * * could impede an emergency evacuation
and increase the chance of injury to passengers and flight crew, a
corrective action is required.
The required actions include modifying the escape slides of the forward
passenger and service doors, and doing borescope inspections for damage
of the aspirator body and inlet cross valve. Corrective actions include
replacing the aspirator body. You may obtain further information by
examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request To Delay the AD
Goodrich requested that issuance of this AD be delayed until
further notice pending completion of their ongoing investigations into
the root cause of additional door stall events. The commenter
anticipates that a reduced overhaul cycle might be required to mitigate
future occurrences until a complete and final action is developed.
We disagree with the request to delay the AD. To delay this action
would be inappropriate, in light of the identified unsafe condition. We
might consider additional rulemaking action, however, if we receive new
information indicating the need to change the AD. We have not changed
the AD in this regard.
Request To Expand the Applicability of the AD
EMBRAER requested that post-modification part number (P/N) 4A4030-5
for the ERJ 170, and P/N 104003-2 for the ERJ 190, be included in the
Applicability, Actions, and Parts Installation paragraphs of the NPRM
(paragraphs (c), (g), and (i) respectively). The commenter made this
request in response to reports of door stall caused by the forward
escape slide of those part numbers post-modification using the version
of the Goodrich service information cited in the NPRM.
We disagree with the request to add the part numbers. While we are
aware of the reports of door stall caused by the forward escape slides
with those other parts that had been modified per the Goodrich service
information cited in the NPRM, we understand that the root cause of the
door stall is still under investigation, as mentioned by the previous
commenter. Further, we choose to not delay issuance of the AD as
mentioned previously, because the known unsafe condition exists on the
part numbers specified in the NPRM. When that investigation is complete
we might take further rulemaking action. We have not changed the AD in
this regard.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.
[[Page 55782]]
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect about 236 products of U.S.
registry. We also estimate that it will take about 12 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $85 per work-hour. Required parts will cost about $0 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $240,720, or $1,020 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
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:
2011-18-04 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16786. Docket No. FAA-2010-1310; Directorate Identifier
2010-NM-067-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective October
14, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Empresa Brasileira de Aeronautica S.A.
(EMBRAER) airplanes as identified in paragraphs (c)(1) and (c)(2) of
this AD, certificated in any category.
(1) Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU
airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD
airplanes; equipped with Goodrich escape slides having part number
(P/N) 4A4030-2 or P/N 4A4030-4.
(2) Model ERJ 190-100 STD, -100 LR, -100 ECJ, and -100 IGW
airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW
airplanes; equipped with Goodrich escape slides having P/N 104003-1.
Subject
(d) Air Transport Association (ATA) of America Code 25:
Equipment/furnishings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been reported during operational checks that some
failures of the Escape Slide * * * installed on the forward
passenger and service door have occurred which prevented the door
from opening.
* * * [T]his condition * * * could delay an emergency evacuation
and increase the chance of injury to passengers and flight crew * *
*.
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) Within 18 months after the effective date of this AD, modify
the forward escape slide and do a borescope inspection of the
aspirator body and inlet cross valve, in accordance with the
Accomplishment Instructions of the Goodrich alert service bulletin
identified in paragraph (g)(1) or (g)(2) of this AD, as applicable.
Do all applicable corrective actions before further flight.
(1) For any forward door escape slide having P/N 4A4030-2 or P/N
4A4030-4: Goodrich Alert Service Bulletin 4A4030-25A379, original,
dated August 10, 2009.
(2) For any forward door escape slide having P/N 104003-1:
Goodrich Alert Service Bulletin 104003-25A380, Revision 2, dated
July 7, 2009.
Credit for Actions Accomplished in Accordance With Previous Service
Information
(h) Actions accomplished before the effective date of this AD in
accordance with Goodrich Alert Service Bulletin 104003-25A380,
Revision 1, dated April 15, 2009, are considered acceptable for
compliance with the corresponding action specified in this AD.
Parts Installation
(i) After 6 months from the effective date of this AD, no
airplane may operate with the forward door escape slide having P/N
4A4030-2 or P/N 4A4030-4 (for Model ERJ 170 airplanes), or P/N
104003-1 (for Model
[[Page 55783]]
ERJ 190 airplanes), on which 18 months or more has elapsed from the
slide date of manufacture (for slides that have not been repacked)
or the date of last slide repack (for slides that have been
repacked).
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(j) 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. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it 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.
Information may be e-mailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding 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.
Related Information
(k) Refer to MCAI Brazilian Airworthiness Directive 2009-11-01,
dated November 30, 2009; MCAI Brazilian Airworthiness Directive
2009-08-02, dated August 18, 2009; Goodrich Alert Service Bulletin
4A4030-25A379, original, dated August 10, 2009; and Goodrich Alert
Service Bulletin 104003-25A380, Revision 2, dated July 7, 2009; for
related information.
Material Incorporated by Reference
(l) You must use Goodrich Alert Service Bulletin 4A4030-25A379,
original, dated August 10, 2009; or Goodrich Alert Service Bulletin
104003-25A380, Revision 2, dated July 7, 2009; as applicable; to do
the actions required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone
+55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; e-mail
distrib@embraer.com.br; Internet: https://www.flyembraer.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on August 12, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-21622 Filed 9-8-11; 8:45 am]
BILLING CODE 4910-13-P