[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Rules and Regulations]
[Pages 71537-71538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27170]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0889; Directorate Identifier 2008-NM-092-AD; 
Amendment 39-15738; AD 2008-23-17]
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.

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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:

    [E]scape slide system installation [was found with] * * * tie-
down straps which are used for escape slide packing [having not been 
removed]. The non-removal of the tie-down straps does not allow the 
aircraft door to reach the fully open position and the consequent 
deployment of the escape slide system in a * * * emergency 
evacuation, affecting the occupying safety.

The unsafe condition is failure of an evacuation system, which could 
impede an emergency evacuation and increase the chance of injury to 
passengers and flightcrew during the evacuation. We are issuing this AD 
to require actions to correct the unsafe condition on these products.

DATES: This AD becomes effective December 30, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 30, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://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 August 21, 2008 (73 
FR 49362). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    [E]scape slide system installation [was found with] * * * tie-
down straps which are used for escape slide packing [having not been 
removed]. The non-removal of the tie-down straps does not allow the 
aircraft door to reach the fully open position and the consequent 
deployment of the escape slide system in a * * * emergency 
evacuation, affecting the occupying safety.

The unsafe condition is failure of an evacuation system, which could 
impede an emergency evacuation and increase the chance of injury to 
passengers and flightcrew during the evacuation. The corrective action 
involves inspection of the forward and rearward doors' emergency 
evacuation slide packs for the presence of tie-down straps, and, if 
applicable, removal of the tie-down straps. 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 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 about 144 products of U.S. 
registry. We also estimate that it will take about 2 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Based on these figures, we estimate 
the cost of this AD to the U.S. operators to be $23,040, or $160 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

[[Page 71538]]

    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 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 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:

2008-23-17 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15738. Docket No. FAA-2008-0889; Directorate Identifier 
2008-NM-092-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
30, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes specified in paragraphs 
(c)(1) and (c)(2) of this AD.
    (1) EMBRAER Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 
SU, -200 LR, -200 STD, and -200 SU airplanes, serial numbers 
17000002, 17000004 thru 17000013, and 17000015 thru 17000196, 
certificated in any category.
    (2) EMBRAER Model ERJ 190-100 STD, -100 LR, -100 IGW, -100 ECJ, 
-200 STD, -200 LR, and -200 IGW airplanes, serial numbers 19000002, 
19000004 thru 19000132, and 19000135, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 25: 
Equipment/Furnishings.

Reason

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

    [E]scape slide system installation [was found with] * * * tie-
down straps which are used for escape slide packing [having not been 
removed]. The non-removal of the tie-down straps does not allow the 
aircraft door to reach the fully open position and the consequent 
deployment of the escape slide system in a * * * emergency 
evacuation, affecting the occupying safety.

The unsafe condition is failure of an evacuation system, which could 
impede an emergency evacuation and increase the chance of injury to 
passengers and flightcrew during the evacuation. The corrective 
action involves inspection of the forward and rearward doors' 
emergency evacuation slide packs for the presence of tie-down 
straps, and, if applicable, removal of the tie-down straps.

Actions and Compliance

    (f) Unless already done: Within 600 flight hours after the 
effective date of this AD, carry out a general visual inspection 
(GVI) of the emergency evacuation slide packs installed on the 
forward and rearward doors, in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 170-25-0088, dated December 
21, 2007; or 190-25-0062, dated December 21, 2007; as applicable. If 
tie-down straps are found, they must be cut and removed from the 
slide pack before further flight.

    Note 1: For the purposes of this AD, a general visual inspection 
(GVI) is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all exposed surfaces in the inspection area. 
This level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

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, 
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 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 2008-01-03 
and 2008-01-04, both effective March 3, 2008; and EMBRAER Service 
Bulletins 170-25-0088 and 190-25-0062, both dated December 21, 2007; 
for related information.

Material Incorporated by Reference

    (i) You must use EMBRAER Service Bulletin 170-25-0088, dated 
December 21, 2007; or EMBRAER Service Bulletin 190-25-0062, dated 
December 21, 2007; 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 Sao Jose dos Campos--SP--BRASIL; telephone: +55 12 
3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail: 
[email protected]; Internet: http://www.flyembraer.com.
    (3) 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on November 6, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E8-27170 Filed 11-24-08; 8:45 am]
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