[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Proposed Rules]
[Pages 260-262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31276]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1231; Directorate Identifier 2009-NM-212-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 Airplanes; and Model ERJ 190-100 STD, -100 LR, 
-100 IGW, -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 missing points of 
sealant application on the vapor barrier assembly in the wing stub rear 
box. In the event of fuel tank leak in this region associated with an 
unsealed vapor barrier assembly, migration of flammable vapors and 
fluids to middle electronic bay may occur, which then could lead to an 
uncontained fire event if the flammable vapors finds an ignition 
source. 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 February 19, 
2010.

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-2009-1231; 
Directorate Identifier 2009-NM-212-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

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closing date and may amend this proposed AD based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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 2009-07-01 and 2009-07-02, both effective July 
13, 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 possibility of missing points of sealant 
application on the vapor barrier assembly in the wing stub rear box. 
In the event of fuel tank leak in this region associated with an 
unsealed vapor barrier assembly, migration of flammable vapors and 
fluids to middle electronic bay may occur, which then could lead to 
an uncontained fire event if the flammable vapors finds an ignition 
source.
* * * * *
    The required actions include a detailed inspection for gaps, voids, 
or holes in the sealant. Corrective actions include applying sealant in 
any gaps, voids, or holes. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Service Bulletin 170-57-0036, dated March 13, 
2009; and Service Bulletin 190-57-0027, dated March 18, 2009. 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 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 197 products of U.S. registry. We also estimate that 
it would take about 5 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 $78,800, or $400 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-
2009-1231; Directorate Identifier 2009-NM-212-AD.

Comments Due Date

    (a) We must receive comments by February 19, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD; certificated in any category.
    (1) Empresa Brasileira de Aeronautica S.A. (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 17000235 inclusive.
    (2) Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 
190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW 
airplanes, serial numbers 19000002, 19000004, 19000006 through 
19000108

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inclusive, 19000110 through 19000139 inclusive, 19000141 through 
19000158 inclusive, 19000160 through 19000176 inclusive, 19000178 
through 19000202 inclusive, 19000204 through 19000213 inclusive, and 
19000215.

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 possibility of missing points of 
sealant application on the vapor barrier assembly in the wing stub 
rear box. In the event of fuel tank leak in this region associated 
with an unsealed vapor barrier assembly, migration of flammable 
vapors and fluids to middle electronic bay may occur, which then 
could lead to an uncontained fire event if the flammable vapors 
finds an ignition source. The required actions include a detailed 
inspection for gaps, voids, or holes in the sealant. Corrective 
actions include applying sealant into any gaps, voids, or holes.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Unless already done, do the following actions.
    (1) Within 6,000 flight hours or 24 months after the effective 
date of this AD, whichever occurs first, do a detailed inspection of 
the vapor barrier assembly in the wing stub rear box for missing 
sealant which forms gaps, voids or holes, in accordance with the 
Accomplishment Instructions of Embraer Service Bulletin 170-57-0036, 
dated March 13, 2009 (for Model ERJ 170-100 LR, -100 STD, -100 SE, -
100 SU, -200 LR, -200 STD, and -200 SU airplanes); or Embraer 
Service Bulletin 190-57-0027, dated March 18, 2009 (for Model ERJ 
190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW 
airplanes).

    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 access procedures may be required.''

    (2) If the vapor barrier sealant is found to be correctly 
applied in accordance with the Accomplishment Instructions of 
Embraer Service Bulletin 170-57-0036, dated March 13, 2009 (for 
Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD, 
and -200 SU airplanes); or Embraer Service Bulletin 190-57-0027, 
dated March 18, 2009 (for Model ERJ 190-100 STD, -100 LR, -100 IGW, 
-200 STD, -200 LR, and -200 IGW airplanes); no further action is 
required by this AD.
    (3) If any vapor barrier sealant is found missing (gaps, voids 
or holes) during the inspection required by paragraph (f)(1) of this 
AD, before further flight apply sealant into the applicable gaps, 
voids, and holes, in accordance with the Accomplishment Instructions 
of Embraer Service Bulletin 170-57-0036, dated March 13, 2009 (for 
Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD, 
and -200 SU airplanes); or Embraer Service Bulletin 190-57-0027, 
dated March 18, 2009 (for Model ERJ 190-100 STD, -100 LR, -100 IGW, 
-200 STD, -200 LR, and -200 IGW airplanes).

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (h) 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 (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

    (i) Refer to MCAI Brazilian Airworthiness Directives 2009-07-01 
and 2009-07-02, both effective July 13, 2009; Embraer Service 
Bulletin 170-57-0036, dated March 13, 2009; and Embraer Service 
Bulletin 190-57-0027, dated March 18, 2009; for related information.

    Issued in Renton, Washington, on December 28, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-31276 Filed 1-4-10; 8:45 am]
BILLING CODE 4910-13-P