[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Proposed Rules]
[Pages 36290-36293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14476]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28377; Directorate Identifier 2007-NM-063-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 and ERJ 190 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 36291]]


ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier NPRM for the products listed above. 
This action revises the earlier NPRM by expanding the scope. This 
proposed AD results from mandatory continuing airworthiness information 
(MCAI) originated by an aviation authority of another country to 
identify and correct an unsafe condition on an aviation product. The 
MCAI describes the unsafe condition as:

    Periodic operational check of the firewall hydraulic shutoff 
valves, made during routine maintenance, has revealed that the 
failure rate of that component is significantly higher than 
expected. Such a dormant failure, when combined with further 
possible failures, such as engine fire, may lead to an unacceptable 
reduction of safety margins.

The unsafe condition is failure of the firewall hydraulic shutoff 
valve, which, in combination with an engine fire, could result in loss 
of hydraulic pressure or spread of an engine fire beyond the firewall. 
The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by July 21, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1405; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
28377; Directorate Identifier 2007-NM-063-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on June 
25, 2007 (72 FR 34648). That earlier NPRM proposed to require actions 
intended to address the unsafe condition for the products listed above.
    Since that NPRM was issued, we added Model 190-200 STD, -200 LR, 
and -200 IGW airplanes to the U.S. type certificate data sheet (TCDS). 
We determined that this model is also affected by the identified unsafe 
condition. We revised paragraph (c) of this supplemental NPRM to 
include this model. In addition, we revised the Costs of Compliance 
paragraph of this supplemental NPRM to include additional U.S.-
registered airplanes of this model.
    In addition, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC), which is the aviation authority for Brazil, has issued 
Brazilian Airworthiness Directives 2007-02-01R1 and 2007-02-02R1, both 
effective August 27, 2007 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The revised 
MCAI adds a reference to hydraulic shutoff valve, P/N 975287-5. (This 
reference is explained in a comment from EMBRAER, which is discussed 
below.) The MCAI states:

    Periodic operational check of the firewall hydraulic shutoff 
valves, made during routine maintenance, has revealed that the 
failure rate of that component is significantly higher than 
expected. Such a dormant failure, when combined with further 
possible failures, such as engine fire, may lead to an unacceptable 
reduction of safety margins.

The unsafe condition is failure of the firewall hydraulic shutoff 
valve, which, in combination with an engine fire, could result in loss 
of hydraulic pressure or spread of an engine fire beyond the firewall. 
The MCAI requires repetitive operational checks of the firewall 
hydraulic shutoff valve, and if necessary, replacement of the valve. 
You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    EMBRAER has issued Service Bulletins 170-29-0013 and 190-29-0008, 
both Revision 01, both dated July 24, 2007. The actions described in 
this service information are intended to correct the unsafe condition 
identified in the MCAI.

Comments

    We have considered the following comments received on the earlier 
NPRM.

Request To Add New Affected Part Number

    EMBRAER requests that we add P/N 975287-5 to the applicability 
statement. EMBRAER states that P/N 975287-3 (specified in the original 
NPRM) is re-identified to P/N 975287-5 without any changes in its 
design when doing the actions of EMBRAER Service Bulletins 170-29-0015 
and 190-29-0011, both dated May 11, 2007 (these service bulletins were 
not referenced in the NPRM).
    We agree to add a reference to the new part number to this 
supplemental NPRM since hydraulic shutoff valves having that part 
number are subject to the identified unsafe condition. As discussed 
previously, ANAC has issued revised MCAI to address this new part 
number. Accordingly, we have revised paragraphs (c) and (f) of this 
supplemental NPRM to include a reference to P/N 975287-5.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information

[[Page 36292]]

referenced above. We are proposing this AD because we evaluated all 
pertinent information and determined an unsafe condition exists and is 
likely to exist or develop on other products of the same type design.
    Certain changes described above expand the scope of the earlier 
NPRM. As a result, we have determined that it is necessary to reopen 
the comment period to provide additional opportunity for the public to 
comment on this proposed AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 145 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $11,600, or $80 per product, per inspection 
cycle.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA-
2007-28377; Directorate Identifier 2007-NM-063-AD.

Comments Due Date

    (a) We must receive comments by July 21, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes; and Model 
ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW 
airplanes; equipped with firewall hydraulic shutoff valves having 
part number (P/N) 975287-3 or P/N 975287-5.

Subject

    (d) Air Transport Association (ATA) of America Code 29: 
Hydraulic power.

Reason

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

    Periodic operational check of the firewall hydraulic shutoff 
valves, made during routine maintenance, has revealed that the 
failure rate of that component is significantly higher than 
expected. Such a dormant failure, when combined with further 
possible failures, such as engine fire, may lead to an unacceptable 
reduction of safety margins.

The unsafe condition is failure of the firewall hydraulic shutoff 
valve, which, in combination with an engine fire, could result in 
loss of hydraulic pressure or spread of an engine fire beyond the 
firewall. The MCAI requires repetitive operational checks of the 
firewall hydraulic shutoff valve, and if necessary, replacement of 
the valve.

Actions and Compliance

    (f) Unless already done, within the next 600 flight hours after 
the effective date of this AD, perform an operational test for 
proper operation of the firewall hydraulic shutoff valves P/N 
975287-3 or P/N 975287-5, as applicable, in accordance with the 
applicable service bulletin listed in Table 1 of this AD. If the 
valve does not operate properly, before further flight, replace the 
faulty hydraulic shutoff valve with another one bearing P/N 975287-3 
or P/N 975287-5. Repeat the test thereafter at intervals that do not 
exceed 600 flight hours.

    Note 1: For the purpose of this AD, an operational check is: ``A 
task to determine that an item is fulfilling its intended purpose. 
The check does not require quantitative tolerances. This is a 
failure finding task.''


                  Table 1.--EMBRAER Service Information
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    EMBRAER Service Bulletin        Revision level           Date
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170-29-0013.....................  Original..........  December 13, 2006.
170-29-0013.....................  01................  July 24, 2007.
190-29-0008.....................  Original..........  December 13, 2006.

[[Page 36293]]

 
190-29-0008.....................  01................  July 24, 2007.
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FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No Differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, 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: Sanjay 
Ralhan, Aerospace Engineer, International Branch, ANM-116, FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1405; fax (425) 227-1149. 
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.
    (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, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directives 2007-02-
01R1 and 2007-02-02R1, both effective August 27, 2007; and the 
service information listed in Table 2 of this AD for related 
information.

                  Table 2.--EMBRAER Service Information
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    EMBRAER Service Bulletin        Revision level           Date
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170-29-0013.....................  Original..........  December 13, 2006.
170-29-0013.....................  01................  July 24, 2007.
190-29-0008.....................  Original..........  December 13, 2006.
190-29-0008.....................  01................  July 24, 2007.
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    Issued in Renton, Washington, on June 12, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-14476 Filed 6-25-08; 8:45 am]
BILLING CODE 4910-13-P