[Federal Register Volume 74, Number 139 (Wednesday, July 22, 2009)]
[Proposed Rules]
[Pages 36129-36131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17347]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0614; Directorate Identifier 2009-NM-045-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 and Model 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 occurrence of outboard slat skew sensor 
failure in open or closed position. The combination of an outboard 
slat skew sensor failed closed, an outboard slat actuator structural 
failure (rupture) and its adjacent actuator torque limiter failing 
high (allows higher loads to the panel structure) occurring in the 
same slat surface, under normal flight loads, may lead [the] slat 
surface to detach from the wing with the possibility of hitting and 
damaging the horizontal stabilizer and elevator, which may affect 
the airplane controllability.
* * * * *
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 August 21, 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.

[[Page 36130]]

(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-2009-0614; 
Directorate Identifier 2009-NM-045-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 2009-02-02 and 2009-02-03, both dated February 
16, 2009 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    It has been found the occurrence of outboard slat skew sensor 
failure in open or closed position. The combination of an outboard 
slat skew sensor failed closed, an outboard slat actuator structural 
failure (rupture) and its adjacent actuator torque limiter failing 
high (allows higher loads to the panel structure) occurring in the 
same slat surface, under normal flight loads, may lead [the] slat 
surface to detach from the wing with the possibility of hitting and 
damaging the horizontal stabilizer and elevator, which may affect 
the airplane controllability.

* * * * *
Corrective actions include repetitive operational tests of the outboard 
slat skew sensor, and replacement with a serviceable outboard slat skew 
sensor if necessary. You may obtain further information by examining 
the MCAI in the AD docket.

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 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, 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.
    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 223 products of U.S. registry. We also estimate that 
it would take about 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 $35,680, 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, 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:

[[Page 36131]]

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-
2009-0614; Directorate Identifier 2009-NM-045-AD.

Comments Due Date

    (a) We must receive comments by August 21, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes certificated in any 
category, identified in paragraphs (c)(1) and (c)(2) of the AD.
    (1) EMBRAER Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -
200 LR, -200 STD, and -200 SU airplanes, equipped with outboard slat 
skew sensor part number (P/N) 1702286A or 1702288A.
    (2) EMBRAER Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, 
-200 STD, -200 LR, and -200 IGW airplanes, equipped with outboard 
slat skew sensor P/N 1702286A or 1702288A.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    It has been found the occurrence of outboard slat skew sensor 
failure in open or closed position. The combination of an outboard 
slat skew sensor failed closed, an outboard slat actuator structural 
failure (rupture) and its adjacent actuator torque limiter failing 
high (allows higher loads to the panel structure) occurring in the 
same slat surface, under normal flight loads, may lead [the] slat 
surface to detach from the wing with the possibility of hitting and 
damaging the horizontal stabilizer and elevator, which may affect 
the airplane controllability.
* * * * *
Corrective actions include repetitive operational tests of the 
outboard slat skew sensor, and replacement with a serviceable 
outboard slat skew sensor if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the applicable compliance time in paragraph (f)(1)(i) or 
(f)(1)(ii) of this AD: Perform an operational test (OPT) of any 
outboard slat skew sensor having P/N 1702286A or P/N 1702288A. If 
any outboard slat skew sensor fails the test, replace the sensor 
with a serviceable sensor before further flight. Do the actions 
using a method approved by either the Manager, International Branch, 
ANM-116, Transport Airplane Directorate, FAA; or the Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil (ANAC) (or its delegated 
agent).
    (i) For Model ERJ 170 airplanes: Within 1,320 flight hours after 
the effective date of this AD.
    (ii) For Model ERJ 190 airplanes: Within 1,320 flight hours or 
12 months after the effective date of this AD, whichever occurs 
first.

    Note 1:  Guidance about performing the OPT required by paragraph 
(f)(1) of this AD can be found in Task 27-83-01-710-801-A, 
``Outboard Slat Skew Sensor--Operational Test,'' dated October 28, 
2008, of the Embraer 170/175 or 190 Aircraft Maintenance Manual 
(AMM).


    Note 2: For the purpose of this AD, an OPT is ``A task to 
determine if an item is fulfilling its intended purpose. Since it is 
a failure-finding task, it does not require quantitative 
tolerances.''


    Note 3:  For the purpose of this AD, a serviceable sensor is one 
that has passed the OPT required by paragraph (f)(1) of this AD.

    (2) Repeat the OPT required by paragraph (f)(1) of this AD 
thereafter at intervals not to exceed 1,320 flight hours.

FAA AD Differences

    Note 4: 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. 
The AMOC approval letter must specifically reference this AD.
    (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 2009-02-02 
and 2009-02-03, both dated February 16, 2009, for related 
information.

    Issued in Renton, Washington, on July 2, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-17347 Filed 7-21-09; 8:45 am]
BILLING CODE 4910-13-P