[Federal Register Volume 72, Number 82 (Monday, April 30, 2007)]
[Rules and Regulations]
[Pages 21088-21090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7841]



[[Page 21088]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27616; Directorate Identifier 2007-NM-052-AD; 
Amendment 39-15035; AD 2007-06-53]
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; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 2007-06-53 that was sent 
previously to all known U.S. owners and operators of EMBRAER Model ERJ 
170 and ERJ 190 airplanes by individual notices. This AD requires 
repetitively verifying the correct closure of the forward and aft cargo 
doors, inspecting the forward and aft cargo doors for interference 
between the lock handle and the aft edge liner assembly, repetitively 
inspecting the lateral roller fittings on the forward and aft cargo 
door frames for damage, and doing corrective actions if needed. This AD 
also requires reporting any signs of interference or damage to the 
manufacturer. This AD results from a report indicating that the aft 
cargo door opened in flight just after departure, and from a report 
indicating that an airplane was dispatched with an unsecured forward 
cargo door. We are issuing this AD to prevent a cargo door from opening 
during flight, which could lead to structural failure or loss of 
control.

DATES: This AD becomes effective May 7, 2007 to all persons except 
those persons to whom it was made immediately effective by emergency AD 
2007-06-53, issued March 19, 2007, which contained the requirements of 
this amendment.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of May 7, 
2007.
    We must receive comments on this AD by June 29, 2007.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Empresa 
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao 
Jose dos Campos--SP, Brazil.

FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1503; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: On March 19, 2007, we issued emergency AD 
2007-06-53, which applies to all EMBRAER Model ERJ 170 and ERJ 190 
airplanes.

Background

    The FAA received a report that the aft cargo door of a Model ERJ 
190 airplane opened in flight just after takeoff. The airplane returned 
to the departure airport and landed without incident. We advised the 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which is 
the airworthiness authority for Brazil, of the report and worked 
closely with the ANAC to assess the safety implications of the report. 
The assessment of the event indicated that the door was not fully 
closed when the airplane took off. Inspection of the airplane revealed 
that the door frame lateral roller fitting was cracked and the roller 
fitting cover plate was distorted. The roller fitting cover plate 
distortion caused a malfunction in the door position indication system. 
A similar situation was found on the forward cargo door on a Model ERJ 
170 airplane. In that instance, the problem was discovered by ground 
personnel, and the door was secured prior to takeoff. The cargo door 
design is the same for the Model ERJ 190 and ERJ 170 airplanes. 
Therefore, an unsafe condition may exist on all EMBRAER Model ERJ 170 
and ERJ 190 airplanes. We are issuing this AD to prevent a cargo door 
from opening during flight, which could lead to structural failure or 
loss of control.

Relevant Service Information

    EMBRAER has issued Alert Service Bulletins 170-52-A036 (for Model 
ERJ 170 airplanes) and 190-52-A018 (for Model ERJ 190 airplanes), both 
dated March 12, 2007. The alert service bulletins describe the 
following procedures:
     Removal of the roller fitting cover plate;
     A one-time visual inspection of the forward and aft cargo 
doors to detect signs of interference between the lock handle and the 
aft edge liner assembly;
     Rework of the aft edge liner assembly, which must be done 
immediately if there are signs of interference, and may be deferred for 
a specified time if there are no signs of interference;
     A one-time visual inspection of the forward and aft cargo 
doors to detect signs of damage of the lateral roller fitting; and
     Immediate replacement of any damaged fitting with one 
having the same part number.
    The ANAC mandated the actions in the alert service bulletins and 
issued Brazilian airworthiness directives 2007-03-01 and 2007-03-02, 
both effective March 16, 2007, to ensure the continued airworthiness of 
these airplanes in Brazil.
    The alert service bulletins refer to EMBRAER Service Bulletins 170-
50-0006 and 190-50-0006 as additional sources of service information 
for removing the roller fitting cover plate and reworking the aft edge 
liner assembly. These service bulletins are currently at Revision 01, 
dated March 13, 2007.

FAA's Determination and Requirements of This AD

    These airplane models are manufactured in Brazil and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the ANAC has kept the FAA informed 
of the situation described above. We have examined the ANAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design, we issued emergency AD 
2007-06-53 to prevent a cargo door from opening

[[Page 21089]]

during flight; the door could detach from and strike the airplane and 
result in structural damage and possible loss of control of the 
airplane. The AD requires accomplishing the actions specified in the 
service information previously described. This AD also requires 
repetitively verifying, before each flight, the correct closure of the 
forward and aft cargo doors, and reporting positive inspection results 
to EMBRAER.
    We found that immediate corrective action was required; therefore, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual notices 
issued on March 19, 2007, to all known U.S. owners and operators of 
EMBRAER Model ERJ 170 and ERJ 190 airplanes. These conditions still 
exist, and the AD is hereby published in the Federal Register as an 
amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 
39.13) to make it effective to all persons.

Clarification of Qualifications for Performing Preflight Verifications

    This AD permits the preflight verifications to be done by mechanics 
and flightcrew members. We have determined that this provision will 
accommodate operators' maintenance scheduling demands and yet ensure an 
acceptable level of safety.

Explanation of Reporting Requirement

    This AD also requires that operators report the results of positive 
inspection findings to EMBRAER. The required inspection reports will 
help determine the extent in the fleet of potentially contributing 
conditions. Based on the results of these reports, we might determine 
that further corrective action is warranted.

Interim Action

    We consider this AD interim action. The manufacturer is currently 
developing a modification to the door position sensing system that will 
further address the unsafe condition identified in this AD. Once this 
modification is developed, approved, and available, we might consider 
additional rulemaking.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2007-
27616; Directorate Docket No. 2007-NM-052-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of that Web 
site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

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 have 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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If this 
emergency regulation is later deemed significant under DOT Regulatory 
Policies and Procedures, we will prepare a final regulatory evaluation 
and place it in the AD Docket. See the ADDRESSES section for a location 
to examine the regulatory evaluation, if filed.

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 airworthiness 
directive (AD):

2007-06-53 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15035. Docket No. FAA-2007-27616; Directorate 
Identifier 2007-NM-052-AD.

Effective Date

    (a) This AD becomes effective May 7, 2007, to all persons except 
those persons to whom it was made immediately effective by emergency 
AD 2007-06-53, issued on March 19, 2007, which contained the 
requirements of this amendment.

Affected ADs

    (b) None.

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Applicability

    (c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100 
STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes; and 
ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; certificated in 
any category.

Unsafe Condition

    (d) This AD results from a report indicating that the aft cargo 
door of a Model ERJ 190 airplane opened in flight just after 
departure, and from a report indicating that a Model ERJ 170 
airplane dispatched with an unsecured forward cargo door. The 
Federal Aviation Administration is issuing this AD to prevent a 
cargo door from opening during flight, which could lead to 
structural failure or loss of control.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Preflight Verifications of Correct Door Closure

    (f) As of 24 hours after the effective date of this AD: Before 
each flight after closing the cargo doors, verify that the forward 
and aft cargo doors are closed flush with the fuselage skin, and 
that all 4 latched and locked indicators at the bottom of each door 
are green. Persons qualified to do this verification are mechanics 
and flightcrew members. If it cannot be verified that both doors are 
closed flush with the fuselage skin, and that all 4 latched and 
locked indicators at the bottom of each door are green, repair 
before further flight. Repeat the verification before every flight 
until accomplishment of the actions required by paragraph (g) of 
this AD.

Inspection for Interference and Damage

    (g) Within 10 days after the effective date of this AD, do the 
actions specified in paragraphs (g)(1), (g)(2), and (g)(3) of this 
AD, in accordance with the Accomplishment Instructions of EMBRAER 
Alert Service Bulletin 170-52-A036 (for Model ERJ 170 airplanes) or 
190-52-A018 (for Model ERJ 190 airplanes), both dated March 12, 
2007, as applicable.
    (1) Remove the roller fitting cover plate on the forward and aft 
cargo door frames.
    (2) Perform a detailed inspection of the forward and aft cargo 
doors to detect signs of interference between the lock handle and 
the aft edge liner assembly. Then rework the aft edge liner assembly 
at the applicable time specified in paragraph (g)(2)(i) or 
(g)(2)(ii) of this AD.
    (i) If any sign of interference is detected: Rework the assembly 
before further flight.
    (ii) If no sign of interference is detected: Rework the assembly 
within 150 flight cycles after the inspection.
    (3) Perform a detailed inspection for signs of damage of the 
lateral roller fitting on the forward and aft cargo door frames at 
the fuselage. If any damage is found, replace the lateral roller 
fitting before further flight with a new roller fitting having the 
same part number, in accordance with the applicable service 
bulletin.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''


    Note 2: EMBRAER Alert Service Bulletins 170-52-A036 and 190-52-
A018 refer to EMBRAER Service Bulletins 170-50-0006 and 190-50-0006, 
respectively, as additional sources of service information for the 
rework and roller fitting cover plate removal. Service Bulletins 
170-50-0006 and 190-50-0006 are currently at Revision 01, dated 
March 13, 2007.

Repetitive Inspection for Damage

    (h) Repeat the inspection specified in paragraph (g)(3) of this 
AD at intervals not to exceed 150 flight cycles.

Report

    (i) At the applicable time specified in paragraph (i)(1) or 
(i)(2) of this AD: Send EMBRAER a report of any signs of 
interference or damage found during each inspection required by 
paragraphs (g)(2), (g)(3), and (h) of this AD. The report must 
include the inspection results, a description of any discrepancies 
found, the airplane serial number, and the number of landings and 
flight hours on the airplane. Send the report to EMBRAER, EFTC, AOG 
Structure Team; [email protected]; fax +55 12 3927 6600, 
extension 0484. 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 contained in 
this AD and has assigned OMB Control Number 2120-0056.
    (1) For any inspection done after the effective date of this AD: 
Within 10 days after the inspection.
    (2) For any inspection done before the effective date of this 
AD: Within 10 days after the effective date of this AD.

Parts Installation

    (j) As of the effective date of this AD: No person may install a 
roller fitting cover plate on the forward and aft cargo door frames 
on any airplane.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
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.

Related Information

    (l) Brazilian airworthiness directives 2007-03-01 and 2007-03-
02, both effective March 16, 2007, also address the subject of this 
AD.

Material Incorporated by Reference

    (m) You must use EMBRAER Alert Service Bulletin 170-52-A036, 
dated March 12, 2007; or EMBRAER Alert Service Bulletin 190-52-A018, 
dated March 12, 2007; as applicable, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approves the incorporation by reference of 
these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. To get copies of the service information, contact Empresa 
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, 
Sao Jose dos Campos--SP, Brazil. You may review copies at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or 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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on April 17, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-7841 Filed 4-27-07; 8:45 am]
BILLING CODE 4910-13-P