[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Rules and Regulations]
[Pages 13096-13098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6565]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0831; Directorate Identifier 2008-NM-051-AD; 
Amendment 39-15853; AD 2009-06-16]
RIN 2120-AA64


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

    It has been found the occurrence of failed bearings of the RAT 
[ram air turbine] generator, which may lead to a RAT generator 
failure. The RAT generator was designed to provide emergency 
electrical power to essential systems in case of loss of all other 
sources of aircraft AC electrical power.
* * * * *
Loss of emergency electrical power could result in reduced 
controllability of the airplane during in-flight emergencies. We are 
issuing this AD to require actions to correct the unsafe condition on 
these products.

DATES: This AD becomes effective April 30, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 30, 
2009.

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 4, 2008 (73 
FR 45178). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found the occurrence of failed bearings of the RAT 
[ram air turbine] generator, which may lead to a RAT generator 
failure. The RAT generator was designed to provide emergency 
electrical power to essential systems in case of loss of all other 
sources of aircraft AC electrical power.

Loss of emergency electrical power could result in reduced 
controllability

[[Page 13097]]

of the airplane during in-flight emergencies. The corrective actions 
include determining the part number and serial number of the RAT, and 
re-identifying or replacing the RAT if necessary. 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 from a single commenter.

Request To Change Applicability

    Embraer suggests restricting the applicability specified in 
paragraph (c) of the NPRM to the affected airplanes ``equipped with a 
RAT having part number (P/N) 1703781.'' Embraer did not provide a 
reason for the request.
    We do not agree to restrict the applicability as suggested by 
Embraer. The applicability specified in this AD includes all EMBRAER 
Model ERJ 170 and ERJ 190 airplanes, because the first action is to 
determine the part number and serial number of the RAT. Therefore, it 
is not necessary to restrict the applicability by identifying the part 
number of the RAT. We have made no change to the AD in this regard.

Request To Clarify RAT Part Number

    Embraer asks that we change the replacement part specification in 
paragraph (f)(1)(ii) of the NPRM from ``a RAT having P/N 1703781A'' to 
``a RAT not having P/N 1703781.'' Embraer states that not restricting 
P/N 1703781A as the only allowable replacement part number will avoid 
issuing alternative methods of compliance if a new RAT part number is 
approved in the future.
    We agree with the intent of the request to change the replacement 
part number specification in paragraph (f)(1)(ii) of this AD. We have 
determined that the replacement part should not be restricted to P/N 
1703781A only; therefore, we have removed that part number and 
specified replacing the affected RAT with a serviceable RAT. We have 
changed paragraph (f)(1)(ii) of this AD accordingly.

Request To Add Spares Paragraph

    Embraer suggests a new paragraph be added to the AD to cover 
possible spare RATs in stock. Embraer states that, as currently 
written, airplanes that do not have the affected part installed would 
be in compliance with the AD. However, the affected part could be 
installed during performance of airplane maintenance.
    We do not agree that a spares paragraph should be added to the AD. 
In this AD we require that affected parts be replaced with serviceable 
parts having a new part number. This new part number is also specified 
in the Aircraft Illustrated Parts Catalog as replacing the old part 
number; therefore a spares paragraph is not necessary. We have made no 
change to the AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously. We also determined that 
this change will not increase the economic burden on any operator or 
increase the scope of the 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 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 124 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 $80 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $9,920, or $80 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 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:


[[Page 13098]]


2009-06-16 Empresa Brasileira de Aeronautica S.A. (Embraer): 
Amendment 39-15853. Docket No. FAA-2008-0831; Directorate Identifier 
2008-NM-051-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
30, 2009.

Affected ADs

    (b) None.

Applicability

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

Subject

    (d) Air Transport Association (ATA) of America Code 24: 
Electrical power.

Reason

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

    It has been found the occurrence of failed bearings of the RAT 
[ram air turbine] generator, which may lead to a RAT generator 
failure. The RAT generator was designed to provide emergency 
electrical power to essential systems in case of loss of all other 
sources of aircraft AC electrical power.

Loss of emergency electrical power could result in reduced 
controllability of the airplane during in-flight emergencies. The 
corrective actions include determining the part number (P/N) and 
serial number (S/N) of the RAT, and re-identifying or replacing the 
RAT if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 1,300 flight hours or 6 months after the effective 
date of this AD, whichever occurs first, determine the P/N and S/N 
of the RAT. For airplanes on which a RAT having P/N 1703781 is 
installed, do the actions specified in paragraphs (f)(1)(i) and 
(f)(1)(ii) of this AD, as applicable, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 170-24-0041, 
Revision 01, dated August 28, 2007; or 190-24-0012, Revision 01, 
dated August 21, 2007; as applicable.
    (i) For airplanes on which the S/N on the RAT is 0110, 0150, 
0255, or 0354 through 0419: Before further flight, re-identify RAT 
P/N 1703781 to P/N 1703781A.
    (ii) For airplanes on which the S/N on the RAT is 0005, 0101 
through 0109, 0111 through 0149, 0151 through 0254, or 0256 through 
0353: Within 6,000 flight hours or 26 months after the effective 
date of this AD, whichever occurs first, replace the affected RAT 
with a serviceable RAT.
    (2) Previous accomplishment of the re-identification or 
replacement of the RAT before the effective date of this AD in 
accordance with EMBRAER Service Bulletin 170-24-0041 or 190-24-0012, 
both dated May 4, 2007, meets the requirements of (f)(1)(i) and 
(f)(1)(ii) of this AD, as applicable.

FAA AD Differences

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

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, 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 2007-12-01 
and 2007-12-02, both effective January 24, 2008, and EMBRAER Service 
Bulletins 170-24-0041, Revision 01, dated August 28, 2007; and 190-
24-0012, Revision 01, dated August 21, 2007; for related 
information.

Material Incorporated by Reference

    (i) You must use EMBRAER Service Bulletin 170-24-0041, Revision 
01, dated August 28, 2007; or EMBRAER Service Bulletin 190-24-0012, 
Revision 01, dated August 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 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 or 425-227-1152.
    (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: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 10, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-6565 Filed 3-25-09; 8:45 am]
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