[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Proposed Rules]
[Pages 26315-26317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12802]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0497; Directorate Identifier 2009-NM-019-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 Airplanes; and Model ERJ 190-100 LR, -100 IGW, 
-100 STD, -200 STD, -200 LR, and -200 IGW 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 cracks developing in the 
ram air turbine (RAT) machined support, located in the forward 
compartment [zone 124] of [the] aircraft, due to downlock pin not 
[being] pull[ed] during its retraction. In case of RAT failure or 
malfunction, it will not provide electrical power to essential 
systems of [the] aircraft in [an] electrical emergency situation.
* * * * *
    Lack of electrical power could result in reduced controllability of 
the airplane. 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 2, 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 W12-140, 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-2009-0497; 
Directorate Identifier 2009-NM-019-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 Directives 2008-10-05 and 2008-10-06, both dated November 
10, 2008 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    It has been found the possibility of cracks developing in the 
ram air turbine (RAT) machined support, located in the forward 
compartment [zone 124] of [the] aircraft, due to downlock pin not 
[being] pull[ed] during its retraction. In case of RAT failure or 
malfunction, it will not provide electrical power to essential 
systems of [the] aircraft in [an] electrical emergency situation.
* * * * *
Lack of electrical power could result in reduced controllability of the 
airplane. Corrective actions include a detailed visual inspection for 
cracking of the RAT machined support, replacing the support with a new 
part if any crack is found, and reinforcing or replacing the support if 
no crack is found. You may obtain further information by examining the 
MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Service Bulletins 170-53-0057, dated February 
21, 2008; and 190-53-0027, dated February 18, 2008. 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

[[Page 26316]]

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 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 163 products of U.S. registry. We also estimate that 
it would take about 60 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $7,535 per product. Where 
the service information lists required parts costs that are covered 
under warranty, we have assumed that there will be no charge for these 
costs. As we do not control warranty coverage for affected parties, 
some parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $2,010,605, or $12,335 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-
2009-0497; Directorate Identifier 2009-NM-019-AD.

Comments Due Date

    (a) We must receive comments by July 2, 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, serial 
numbers 17000002, 17000004 through 17000013 inclusive, and 17000015 
through 17000208 inclusive; and Model ERJ 190-100 LR, -100 IGW, -100 
STD, -200 STD, -200 LR, and -200 IGW airplanes, serial numbers 
19000002, 19000004, and 19000006 through 19000152 inclusive; 
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

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

    It has been found the possibility of cracks developing in the 
ram air turbine (RAT) machined support, located in the forward 
compartment [zone 124] of [the] aircraft, due to downlock pin not 
[being] pull[ed] during its retraction. In case of RAT failure or 
malfunction, it will not provide electrical power to essential 
systems of [the] aircraft in [an] electrical emergency situation.
* * * * *
Lack of electrical power could result in reduced controllability of 
the airplane. Corrective actions include a detailed visual 
inspection for cracking of the RAT machined support, replacing the 
support with a new part if any crack is found, and reinforcing or 
replacing the support if no crack is found.

Actions and Compliance

    (f) Unless already done, do the following actions. Within 600 
flight hours after the effective date of this AD: Perform a detailed 
visual inspection for cracks in the RAT machined support, in 
accordance with the Accomplishment Instructions in Embraer Service 
Bulletin 170-53-0057, dated February 21, 2008; or Embraer Service 
Bulletin 190-53-0027, dated February 18, 2008; as applicable.
    (1) If no crack is found, at the earlier of the times specified 
in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, install 
reinforcements in the RAT machined support or replace the RAT 
machined support with a new support having part number 170-18676-
405, in accordance with the Accomplishment Instructions of Embraer 
Service Bulletin 170-53-0057, dated February 21, 2008; or Embraer 
Service Bulletin 190-53-0027, dated February 18, 2008; as 
applicable.
    (i) Within 5,000 flight hours after accomplishing the inspection 
required by paragraph (f) of this AD.
    (ii) Before further flight after the next two RAT deployments--
which can be a flight deployment or a maintenance review board task 
procedure--after accomplishing the inspection required by paragraph 
(f) of this AD.
    (2) If any cracking is found, before further flight, replace the 
RAT machined support with a new support having part number 170-
18676-405, in accordance with the Accomplishment Instructions of 
Embraer Service Bulletin 170-53-0057, dated February 21, 2008; or 
Embraer Service Bulletin 190-53-0027, dated February 18, 2008; as 
applicable.

[[Page 26317]]

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    Although the MCAI or service information allows further flight 
after cracks are found during compliance with the required action, 
paragraph (f)(2) of this AD requires that you replace any cracked 
lug of the RAT machined support with a new support before further 
flight.

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, 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, 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 Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) Airworthiness Directives 2008-10-
05 and 2008-10-06, both dated November 10, 2008; Embraer Service 
Bulletin 170-53-0057, dated February 21, 2008; and Embraer Service 
Bulletin 190-53-0027, dated February 18, 2008; for related 
information.

    Issued in Renton, Washington, on May 20, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-12802 Filed 6-1-09; 8:45 am]
BILLING CODE 4910-13-P