[Federal Register Volume 74, Number 217 (Thursday, November 12, 2009)]
[Rules and Regulations]
[Pages 58191-58195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26622]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0687; Directorate Identifier 2009-NM-033-AD; 
Amendment 39-16080; AD 2009-23-08]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de 
Aeron[aacute]utica 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 superseding an existing 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 two events of aircraft being 
dispatched with the cargo door opened without indication. In one of 
the events the aircraft took off with the cargo door opened.
* * * * *
    The unsafe condition is a cargo door opening during flight, which 
could result in reduced structural integrity and consequent rapid 
decompression of the airplane. We are issuing this AD to require 
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective December 17, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 17, 
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, FAA, Transport Airplane Directorate, 
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 18, 2009 (74 
FR 41642), and proposed to supersede AD 2007-06-53, Amendment 39-15035 
(72 FR 21088, April 30, 2007). That NPRM proposed to correct an unsafe 
condition for the specified products. The MCAI states:

    It has been found the occurrence of two events of aircraft being 
dispatched with the cargo door opened without indication. In one of 
the events the aircraft took off with the cargo door opened.

    The unsafe condition is a cargo door opening during flight, which 
could result in reduced structural integrity and consequent rapid 
decompression of the airplane. Required actions include repetitive 
inspections of the forward and aft cargo doors to detect signs of 
interference between the lock handle and the aft edge liner assembly 
and

[[Page 58192]]

reworking the assembly; a one-time inspection for signs of damage of 
the lateral roller fitting on the forward and aft cargo door frames at 
the fuselage and replacement of the roller if necessary, and 
modification of the cargo door, which ends the repetitive inspections. 
After accomplishing the modification, the actions include incorporating 
information into the maintenance program to include the operational 
(OPC) and functional (FNC) checks of the forward and aft cargo doors 
and accomplishing repetitive OPC and FNC checks. 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 145 products of U.S. 
registry.
    The actions that are required by AD 2007-06-53 and retained in this 
AD take about 1 work-hour per product, at an average labor rate of $80 
per work hour. Based on these figures, the estimated cost of the 
currently required actions is $80 per product.
    We estimate that it would take about 7 work-hours per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $80 per work-hour. Required parts will cost about $17,162 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 AD on U.S. 
operators to be $2,569,690, or $17,722 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 removing Amendment 39-15035 (72 FR 
21088, April 30, 2007) and adding the following new AD:

2009-23-08 Empresa Brasileira de Aeron[aacute]utica S.A. (EMBRAER): 
Amendment 39-16080. Docket No. FAA-2009-0687; Directorate Identifier 
2009-NM-033-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
17, 2009.

Affected ADs

    (b) This AD supersedes AD 2007-06-53, Amendment 39-15035.

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; and ERJ 
190-100 STD, -100 LR, -100 IGW, -200 LR, -200 STD, and -200 IGW 
airplanes; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 52: Doors.

Reason

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

    It has been found the occurrence of two events of aircraft being 
dispatched with the cargo door opened without indication. In one of 
the events the aircraft took off with the cargo door opened.

    The unsafe condition is a cargo door opening during flight, 
which could result in reduced structural integrity and consequent 
rapid decompression of the airplane. Required actions include 
repetitive inspections of the forward and aft cargo doors to detect 
signs of interference between the lock handle and the aft edge liner 
assembly and reworking the assembly; a one-time inspection for signs 
of damage of the lateral roller fitting on the forward and aft

[[Page 58193]]

cargo door frames at the fuselage and replacement of the roller if 
necessary, and modification of the cargo door, which ends the 
repetitive inspections. After accomplishing the modification, the 
actions include incorporating information into the maintenance 
program to include the operational (OPC) and functional (FNC) checks 
of the forward and aft cargo doors and accomplishing repetitive OPC 
and FNC checks.

Compliance

    (f) Required as indicated, unless accomplished previously.

Restatement of Requirements of AD 2007-06-53, With New Service 
Information

Preflight Verification of Correct Door Closure

    (g) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 
LR, -200 STD, and -200 SU airplanes; and ERJ 190-100 STD, -100 LR, 
and -100 IGW airplanes: As of 24 hours after May 7, 2007 (the 
effective date of AD 2007-06-53), before each flight after closing 
the cargo doors, verify that the forward and aft cargo doors are 
closed flush with the fuselage skin, and that all 4 latched and 
locked indicators at the bottom of each door are green. Persons 
qualified to do this verification are mechanics and flightcrew 
members. If it cannot be verified that both doors are closed flush 
with the fuselage skin, and that all 4 latched and locked indicators 
at the bottom of each door are green, repair before further flight. 
Repeat the verification before every flight until accomplishment of 
the actions required by paragraph (h) of this AD.

Inspection for Interference and Damage

    (h) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 
LR, -200 STD, and -200 SU airplanes; and ERJ 190-100 STD, -100 LR, 
and -100 IGW airplanes: Within 10 days after May 7, 2007, do the 
actions specified in paragraphs (h)(1), (h)(2), and (h)(3) of this 
AD, in accordance with the Accomplishment Instructions of Embraer 
Alert Service Bulletin 170-52-A036 (for Model ERJ 170 airplanes) or 
190-52-A018 (for Model ERJ 190 airplanes), both dated March 12, 
2007; or Revision 01, both dated March 23, 2007; as applicable. As 
of the effective date of this AD, use Revision 01 of Embraer Alert 
Service Bulletin 170-52-A036 or 190-52-A018.
    (1) Remove the roller fitting cover plate on the forward and aft 
cargo door frames.
    (2) Perform a detailed inspection of the forward and aft cargo 
doors to detect signs of interference between the lock handle and 
the aft edge liner assembly. Then rework the aft edge liner assembly 
at the applicable time specified in paragraph (h)(2)(i) or 
(h)(2)(ii) of this AD.
    (i) If any sign of interference is detected: Rework the assembly 
before further flight.
    (ii) If no sign of interference is detected: Rework the assembly 
within 150 flight cycles after the inspection.
    (3) Perform a detailed inspection for signs of damage of the 
lateral roller fitting on the forward and aft cargo door frames at 
the fuselage. If any damage is found, replace the lateral roller 
fitting before further flight with a new roller fitting having the 
same part number, in accordance with Embraer Alert Service Bulletin 
170-52-A036 or 190-52-A018, as applicable.
    (4) Actions done before May 7, 2007, in accordance with Embraer 
Alert Service Bulletin 170-52-A036 or 190-52-A018, both dated March 
12, 2007, are acceptable for compliance with the corresponding 
requirements of this AD.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''


    Note 2: Embraer Alert Service Bulletins 170-52-A036 and 190-52-
A018 refer to Embraer Service Bulletins 170-50-0006 and 190-50-0006, 
respectively, as additional sources of guidance for the rework and 
roller fitting cover plate removal. Embraer Alert Service Bulletins 
170-50-0006 and 190-50-0006 are currently at Revision 01, dated 
March 13, 2007.

Repetitive Inspections for Damage

    (i) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 
LR, -200 STD, and -200 SU airplanes; and ERJ 190-100 STD, -100 LR, 
and -100 IGW airplanes: Repeat the inspection specified in paragraph 
(h)(3) of this AD at intervals not to exceed 150 flight cycles until 
the terminating action specified in paragraph (k)(3) of this AD has 
been accomplished.

Parts Installation

    (j) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 
LR, -200 STD, and -200 SU airplanes; and ERJ 190-100 STD, -100 LR, 
and -100 IGW airplanes: As of May 7, 2007, no person may install a 
roller fitting cover plate on the forward and aft cargo door frames 
on any airplane.

New Requirements of This AD

Actions and Compliance

    (k) Unless already done, do the following actions.
    (1) For Model ERJ 190-200 LR, -200 STD, and -200 IGW airplanes: 
As of 24 hours after the effective date of this AD, before each 
flight after closing the cargo doors, verify that the forward and 
aft cargo doors are closed flush with the fuselage skin, and that 
all 4 latched and locked indicators at the bottom of each door are 
green. Persons qualified to do this verification are mechanics and 
flightcrew members. If it cannot be verified that both doors are 
closed flush with the fuselage skin, and that all 4 latched and 
locked indicators at the bottom of each door are green, repair 
before further flight. Repeat the verification before every flight 
until accomplishment of the actions required by paragraph (k)(2) of 
this AD.
    (2) For Model ERJ 190-200 LR, -200 STD, and -200 IGW airplanes: 
Within 10 days after the effective date of this AD, do the actions 
specified in paragraphs (k)(2)(i), (k)(2)(ii), and (k)(2)(iii) of 
this AD, in accordance with the Accomplishment Instructions of 
Embraer Alert Service Bulletin 190-52-A018, Revision 01, dated March 
23, 2007. Repeat the inspection specified in paragraph (k)(2)(iii) 
of this AD at intervals not to exceed 150 flight cycles until the 
terminating action specified in paragraph (k)(3) of this AD has been 
accomplished.
    (i) Remove the roller fitting cover plate on the forward and aft 
cargo door frames.
    (ii) Perform a detailed inspection of the forward and aft cargo 
doors to detect signs of interference between the lock handle and 
the aft edge liner assembly. Then rework the aft edge liner assembly 
at the applicable time specified in paragraph (k)(2)(ii)(A) or 
(k)(2)(ii)(B) of this AD.
    (A) If any sign of interference is detected: Rework the assembly 
before further flight.
    (B) If no sign of interference is detected: Rework the assembly 
within 150 flight cycles after the inspection.
    (iii) Perform a detailed inspection for signs of damage of the 
lateral roller fitting on the forward and aft cargo door frames at 
the fuselage. If any damage is found, replace the lateral roller 
fitting before further flight with a new roller fitting having the 
same part number, in accordance with Embraer Alert Service Bulletin 
190-52-A018, Revision 01, dated March 23, 2007.
    (3) For all airplanes: Within 5,000 flight cycles after the 
effective date of this AD, do the actions specified in paragraphs 
(k)(3)(i) and (k)(3)(ii) of this AD on the forward and aft cargo 
doors. Accomplishing the actions in this paragraph terminates the 
repetitive inspections required by paragraphs (i) and (k)(2) of this 
AD.
    (i) Relocate the cargo door closed indication sensor in 
accordance with the Accomplishment Instructions of Embraer Service 
Bulletin 170-52-0041, Revision 01, dated June 13, 2008; or 190-52-
0023, Revision 02, dated March 11, 2008; as applicable.
    (ii) Modify the cargo door lock handle mechanism and replace the 
forward and aft cargo door roller fittings having part number (P/N) 
170-92569-401 and 170-85452-401 with new fittings having P/N 170-
92569-403 and 170-85452-403, as applicable. Do the modification in 
accordance with the Accomplishment Instructions of Embraer Service 
Bulletins 170-52-0044, dated January 18, 2008; or 190-52-0027, dated 
March 20, 2008; as applicable.
    (4) Actions done before the effective date of this AD in 
accordance with Embraer Service Bulletin 170-52-0041, dated 
September 6, 2007; or 190-52-0023, dated September 6, 2007, or 
Revision 01, dated December 6, 2007; as applicable; are acceptable 
for compliance with the corresponding requirements of this AD.
    (5) Within 12 months after the effective date of this AD or 12 
months after accomplishing the modification required by paragraph 
(k)(3) of this AD, whichever occurs later: Incorporate information 
into the maintenance program to include the operational (OPC) and 
functional (FNC) checks of the forward and aft cargo doors; in 
accordance with a method approved by the

[[Page 58194]]

Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or the Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (or its delegated agent). Within 6,000 
flight hours after doing the actions required by paragraph (k)(3) of 
this AD, do the OPC and FNC checks and repeat the checks thereafter 
at intervals not to exceed 6,000 flight hours.

    Note 3: Guidance on the OPC and FNC checks specified in 
paragraph (k)(5) of this AD can be found in the document specified 
in Table 1 of this AD, as applicable:


                      Table 1--OPC and FNC Guidance
------------------------------------------------------------------------
           Manual--                    Task--               Date--
------------------------------------------------------------------------
Embraer 170 Aircraft            52-31-00-710-801-A/   July 15, 2008.
 Maintenance Manual.             500.
                                52-31-20-720-801-A/   July 15, 2008.
                                 500.
                                52-32-00-710-801-A/   July 15, 2008.
                                 500.
                                52-32-20-720-801-A/   July 15, 2008.
                                 500.
Embraer 190 Aircraft            52-31-00-710-801-A/   July 15, 2008.
 Maintenance Manual.             500.
                                52-31-20-720-801-A/   July 15, 2008.
                                 500.
                                52-32-00-710-801-A/   July 15, 2008.
                                 500.
                                52-32-20-720-801-A/   July 15, 2008.
                                 500.
------------------------------------------------------------------------


    Note 4: For the purposes of this AD, a functional check (FNC) 
is: ``A quantitative check to determine if one or more functions of 
an item perform within specified limits.''


    Note 5:  For the purposes of this AD, an operational check (OPC) 
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.''

FAA AD Differences

    Note 6:  This AD differs from the MCAI and/or service 
information as follows: Where the MCAI includes a compliance time of 
``after accomplishment of the modification'' for revising the 
maintenance program for Model ERJ-170 airplanes, we have determined 
that a compliance time of ``within 12 months after the effective 
date of the AD or within 12 months after accomplishment of the 
modification, whichever occurs later'' is appropriate. This 
compliance time is equivalent to the compliance time required for 
Model ERJ-190 airplanes. The manufacturer and ANAC agree with this 
compliance time.

Other FAA AD Provisions

    (l) 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, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; 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. AMOCs approved previously in 
accordance with AD 2007-06-53, are approved as AMOCs for the 
corresponding provisions of paragraph (i) of 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 (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (m) Refer to Brazilian Airworthiness Directives 2007-03-01R1, 
dated June 9, 2008, and 2007-03-02R2, dated November 21, 2008; and 
the service information contained in Table 2 of this AD; for related 
information.

                      Table 2--Service Information
------------------------------------------------------------------------
         Service bulletin            Revision             Date
------------------------------------------------------------------------
Embraer Alert Service Bulletin 170-        01  March 23, 2007.
 52-A036.
Embraer Alert Service Bulletin 190-        01  March 23, 2007.
 52-A018.
Embraer Service Bulletin                   01  June 13, 2008.
 170[dash]52[dash]0041.
Embraer Service Bulletin                  \1\  January 18, 2008.
 170[dash]52[dash]0044.
Embraer Service Bulletin                   02  March 11, 2008.
 190[dash]52[dash]0023.
Embraer Service Bulletin                  \1\  March 20, 2008.
 190[dash]52[dash]0027.
------------------------------------------------------------------------
\1\ Original.

Material Incorporated by Reference

    (n) You must use the applicable service information contained in 
Table 3 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise.

               Table 3--Material Incorporated by Reference
------------------------------------------------------------------------
         Service bulletin            Revision             Date
------------------------------------------------------------------------
Embraer Alert Service Bulletin 170-        01  March 23, 2007.
 52-A036.
Embraer Alert Service Bulletin 190-        01  March 23, 2007.
 52-A018.
Embraer Service Bulletin 170-52-           01  June 13, 2008.
 0041.
Embraer Service Bulletin 170-52-          \1\  January 18, 2008.
 0044.
Embraer Service Bulletin 190-52-           02  March 11, 2008.
 0023.

[[Page 58195]]

 
Embraer Service Bulletin 190-52-          \1\  March 20, 2008.
 0027.
------------------------------------------------------------------------
\1\ Original.

     (1) 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 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.
    (2) 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.
    (3) 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 October 26, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-26622 Filed 11-10-09; 8:45 am]
BILLING CODE 4910-13-P