[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Proposed Rules]
[Pages 20659-20661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10302]



[[Page 20659]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0412; Directorate Identifier 2009-NM-022-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.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. 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:

    It has been found the possibility of some aluminum fasteners 
having been installed instead of titanium ones at bulkhead 1 of the 
LH (left-hand) and RH (right-hand) pylons of some [Embraer ERJ 170 
and] Embraer ERJ 190 aircraft models.

    The unsafe condition is damage to the hydraulic lines and 
electrical generator power cables in the case of bird impact in the 
region of bulkhead 1 of the pylons, which may lead to presence of fire 
without indication to the flight crew. 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 June 4, 2009.

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.
    For service information identified in this proposed 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: 
[email protected]; Internet: http://www.flyembraer.com. You may 
review copies of the referenced 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.

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: 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: 

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-2009-0412; 
Directorate Identifier 2009-NM-022-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

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2008-09-02, effective September 30, 2008; and 
Brazilian Airworthiness Directive 2008-10-04, effective November 10, 
2008 (referred to after this as ``the MCAI''); to correct an unsafe 
condition for the specified products. MCAI 2008-09-02 states:

    It has been found the possibility of some aluminum fasteners 
having been installed instead of titanium ones at bulkhead 1 of the 
LH (left-hand) and RH (right-hand) pylons of some Embraer ERJ 190 
aircraft models. In the case of a bird strike in the pylon bulkhead 
1 equipped with aluminum fasteners there is the possibility where 
the impact may affect some equipments installed in the region after 
the bulkhead 1. Damages to the hydraulic lines and electrical 
generator power cables may lead to presence of fire in the region, 
without indication to the flight crew.
* * * * *
MCAI 2008-10-04 states:

    It has been found the possibility of some aluminum fasteners 
having been installed instead of titanium ones at bulkhead 1 of the 
LH and RH pylons of some Embraer ERJ 170 aircraft models. The 
structural integrity of the region where these fasteners are 
installed may be affected in case of bird impact.
* * * * *
Corrective actions include inspecting for the presence of aluminum 
fasteners at pylon bulkhead 1, and replacing all aluminum fasteners 
with titanium fasteners. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Service Bulletins 170-54-0007 and 190-54-0008, 
both dated December 21, 2007. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

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 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.

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

[[Page 20660]]

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 20 products of U.S. registry. We also estimate that it 
would take 2 work-hours 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 $3,200, 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 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, Incorporation by 
reference, 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-
2009-0412; Directorate Identifier 2009-NM-022-AD.

Comments Due Date

    (a) We must receive comments by June 4, 2009.

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, 
certificated in any category, serial numbers 17000156 through 
17000169 inclusive; and Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -
100 STD, -200 STD, -200 LR, and -200 IGW airplanes, certificated in 
any category, serial numbers 19000047 through 19000089 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 54: 
Nacelles/Pylons.

Reason

    (e) Brazilian Airworthiness Directive 2008-09-02, effective 
September 30, 2008, states:

    It has been found the possibility of some aluminum fasteners 
having been installed instead of titanium ones at bulkhead 1 of the 
LH (left-hand) and RH (right-hand) pylons of some Embraer ERJ 190 
aircraft models. In the case of a bird strike in the pylon bulkhead 
1 equipped with aluminum fasteners there is the possibility where 
the impact may affect some equipments installed in the region after 
the bulkhead 1. Damages to the hydraulic lines and electrical 
generator power cables may lead to presence of fire in the region, 
without indication to the flight crew.
* * * * *
Brazilian Airworthiness Directive 2008-10-04, effective November 10, 
2008, states:

    It has been found the possibility of some aluminum fasteners 
having been installed instead of titanium ones at bulkhead 1 of the 
LH and RH pylons of some Embraer ERJ 170 aircraft models. The 
structural integrity of the region where these fasteners are 
installed may be affected in case of bird impact.
* * * * *
Corrective actions include inspecting for the presence of aluminum 
fasteners at pylon bulkhead 1, and replacing all aluminum fasteners 
with titanium fasteners.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 5,000 flight cycles after the effective date of this 
AD: Inspect the fasteners in bulkhead 1 of the left- and right-hand 
pylons for the presence of aluminum fasteners, in accordance with 
Part I of the Accomplishment Instructions of Embraer Service 
Bulletins 170-54-0007 and 190-54-0008, both dated December 21, 2007; 
as applicable. If no aluminum fastener is found, this AD requires no 
further action.
    (2) If any aluminum fastener is found, before further flight 
after the inspection required by paragraph (f)(1) of this AD: 
Replace any aluminum fastener with a titanium fastener in accordance 
with Part II of the Accomplishment Instructions of Embraer Service 
Bulletins 170-54-0007 and 190-54-0008, both dated December 21, 2007; 
as applicable.

FAA AD Differences

    Note 1:  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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office.
    (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,

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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 Directive 2008-09-02, 
effective September 30, 2008; MCAI Brazilian Airworthiness Directive 
2008-10-04, effective November 10, 2008; and Embraer Service 
Bulletins 170-54-0007 and 190-54-0008, both dated December 21, 2007; 
for related information.

    Issued in Renton, Washington, on April 27, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-10302 Filed 5-4-09; 8:45 am]
BILLING CODE 4910-13-P