[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Rules and Regulations]
[Pages 69262-69264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30705]


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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; 
Amendment 39-16154; AD 2009-26-15]
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), 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 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 for Model 170 airplanes is structural damage in 
the case of bird impact in the region of bulkhead 1 of the pylons, 
which could adversely affect continued safe flight and landing. The 
unsafe condition for Model 190 airplanes 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 might lead to presence 
of fire without indication to the flightcrew. We are issuing this AD to 
require actions to correct the unsafe condition on these products.

DATES: This AD becomes effective February 4, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 4, 
2010.

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 May 5, 2009 (74 FR 
20659). That NPRM proposed to correct an unsafe condition for the 
specified products. The mandatory continuing airworthiness information 
(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.
* * * * *
    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.
* * * * *
The unsafe condition for Model 170 airplanes is structural damage in 
the case of bird impact in the region of bulkhead 1 of the pylons, 
which could adversely affect continued safe flight and landing. The 
unsafe condition for Model 190 airplanes 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 might lead to presence 
of fire without indication to the flightcrew. 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received from Embraer, the 
manufacturer.

[[Page 69263]]

Support for AD on Model ERJ 190 Airplanes

    Embraer supports the AD on Model ERJ 190 airplanes due to the 
system design characteristics of that model. Embraer states that a bird 
strike could lead to hydraulic fluid leakage associated with damage to 
the electrical generator power cables, a situation that would be 
favorable to fire in a section of the airplane that is not equipped 
with fire detection or suppression systems.

Request To Exclude Model ERJ 170 Airplanes

    Embraer does not agree that an unsafe condition exists for Model 
ERJ 170 airplanes. Embraer states that, unlike Model ERJ 190 airplanes, 
Model ERJ 170 airplanes do not have hydraulic system or electrical 
generator power cables passing through the pylon forward position, 
where the aluminum fasteners were installed. The fuel system is 
installed behind two reinforced structural frames. Embraer states that 
in the event of a bird strike, the fuel system would unlikely be 
reached by any part of a bird with sufficient energy to cause any 
damage. Embraer states that this situation is extremely improbable.
    From this comment we infer that Embraer is requesting that we 
remove Model ERJ 170 airplanes from the applicability of the NPRM. We 
do not agree. The subject unsafe condition exists for the affected 
Model ERJ 170 airplanes. We consulted with the issuer of the MCAI, 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC). ANAC 
states that the structure in this region does not have sufficient 
residual strength for continued safe flight in case of bird impact. We 
concur with ANAC that an unsafe condition exists for the affected ERJ 
170 aircraft models due to the aluminum fasteners installed in the 
subject area. The purpose of this AD is to ensure that the affected 
structure has sufficient residual strength for continued safe flight 
and landing of the airplane following a bird strike, which the 
manufacturer has not demonstrated. We have not changed the AD in this 
regard. However, we have clarified the unsafe condition for the Model 
ERJ 170 airplanes in the Summary, Discussion, and paragraph (e) of this 
AD.

Request To Exclude Model ERJ 190-ECJ Airplanes

    Embraer requests that we remove Model ERJ 190-ECJ airplanes from 
the applicability of the NPRM because the model is not included in the 
effectivity of Embraer Service Bulletin 190-54-0008, dated December 21, 
2007.
    We agree to remove Model ERJ 190-ECJ from the applicability of this 
AD. We have confirmed with the manufacturer that this model does not 
have aluminum fasteners installed in the subject location. Therefore, 
we have removed that model from paragraph (c) of this AD.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the change described previously. We 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 20 products of U.S. registry. 
We also estimate that it will take about 2 work-hours 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 $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 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:

2009-26-15 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16154. Docket No. FAA-2009-0412; Directorate Identifier 
2009-NM-022-AD.

[[Page 69264]]

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
4, 2010.

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 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.
* * * * *
The unsafe condition for Model 170 airplanes is structural damage in 
the case of bird impact in the region of bulkhead 1 of the pylons, 
which could adversely affect continued safe flight and landing. The 
unsafe condition for Model 190 airplanes 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 might lead 
to presence of fire without indication to the flight crew. 
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 
Bulletin 170-54-0007 or 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 
Bulletin 170-54-0007 or 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 (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

    (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.

Material Incorporated by Reference

    (i) You must use Embraer Service Bulletin 170-54-0007, dated 
December 21, 2007; or Embraer Service Bulletin 190-54-0008, dated 
December 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 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.
    (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 December 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-30705 Filed 12-30-09; 8:45 am]
BILLING CODE 4910-13-P