[Federal Register Volume 75, Number 9 (Thursday, January 14, 2010)]
[Rules and Regulations]
[Pages 2060-2062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-212]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0610; Directorate Identifier 2009-NM-021-AD; 
Amendment 39-16171; AD 2010-01-12]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 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:

    The result of re-assessment of rotor burst analysis has shown 
the possibility of loss of electrical power supply to the following 
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional 
spoilers and rudder, which result in loss of the aircraft pitch and 
yaw control.
* * * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective February 18, 2010.The Director of the 
Federal Register approved the incorporation by reference of certain 
publications listed in this AD as of February 18, 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 July 15, 2009 (74 FR 
34276). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    The result of re-assessment of rotor burst analysis has shown 
the possibility of loss of electrical power supply to the following 
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional 
spoilers and rudder, which result in loss of the aircraft pitch and 
yaw control.
* * * * *
Required actions include modifying the electrical wiring in the 
overhead panel of the cockpit, modifying the air data smart probe 3B 
power supply bus, and modifying the Aeronautical Radio Incorporated 
(ARINC) 429 data bus, as applicable. 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 comments received.

Request To Withdraw NPRM

    Embraer requests that we withdraw the NPRM. Embraer states that 
based on service experience, the probability of a rotor burst combined 
with the probability of a disk trajectory that hits the specific wiring 
bundle is extremely rare. Embraer disagrees that the modifications 
addressed by the service bulletins should be mandatory. Embraer also 
states that issuance of a Special Airworthiness Information Bulletin 
would be an alternative measure to be taken in this case, since it 
would address the concerns in the NPRM and still be in conformity with 
the 14 CFR part 39 requirements.
    We disagree with the request to withdraw the NPRM. We have 
consulted with the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC) regarding the manufacturer's comment and determined that, 
regardless of the very low probability that a catastrophic event could 
occur due to a rotor burst, the requirements of 14 CFR part 25 do not 
permit the use of probability as a risk reduction parameter. 
Furthermore, the design must minimize the effects of rotor burst by any 
means practicable. This AD is necessary to address the identified 
unsafe condition. Therefore, the AD is not changed in this regard.

Explanation of Changes Made to This AD

    We have revised this AD to identify the correct legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Conclusion

    We reviewed the available data, including the comments 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 77 products of U.S. registry. 
We also estimate that it will take about 62 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour.

[[Page 2061]]

Required parts will cost about $668 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 parts. 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 this AD to the U.S. operators to be $433,356, or 
$5,628 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:

2010-01-12 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16171. Docket No. FAA-2009-0610; Directorate Identifier 
2009-NM-021-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
18, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 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; certificated in any category; as 
identified in Embraer Service Bulletins 170-24-0019, dated December 
6, 2006; 170-24-0020, dated November 30, 2006; and 170-31-0020, 
Revision 01, dated May 21, 2008.

Subject

    (d) Air Transport Association (ATA) of America Codes 24 and 31: 
Electrical power and Instruments, respectively.

Reason

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

    The result of re-assessment of rotor burst analysis has shown 
the possibility of loss of electrical power supply to the following 
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional 
spoilers and rudder, which result in loss of the aircraft pitch and 
yaw control.
* * * * *
    Required actions include modifying the electrical wiring in the 
overhead panel of the cockpit, modifying the air data smart probe 3B 
power supply bus, and modifying the Aeronautical Radio Incorporated 
(ARINC) 429 data bus, as applicable.

Actions and Compliance

    (f) Unless already done, do the following actions as applicable.
    (1) For airplanes identified in Embraer Service Bulletin 170-24-
0019, dated December 6, 2006: Within 6,000 flight hours after the 
effective date of this AD, modify the electrical wiring in the 
overhead panel of the cockpit in accordance with Embraer Service 
Bulletin 170-24-0019, dated December 6, 2006.
    (2) For airplanes identified in Embraer Service Bulletin 170-24-
0020, dated November 30, 2006: Within 6,000 flight hours after the 
effective date of this AD, change the Air Data Smart Probe 3 channel 
B power supply bus from ESS2 to ESS3 in accordance with Embraer 
Service Bulletin 170-24-0020, dated November 30, 2006.
    (3) For airplanes identified in Embraer Service Bulletin 170-31-
0020, Revision 01, dated May 21, 2008: Within 6,000 flight hours 
after the effective date of this AD, duplicate the Aeronautical 
Radio Incorporated (ARINC) 429 airspeed signal for an extension 
longer than the rotor burst impact area; change the primary power 
source for the modular avionics unit (MAU) 2 from DC BUS 2 to DC ESS 
BUS 2 to include an additional ground and to provide dual electrical 
power to MAU 2; and change the wiring of the slat/flap actuators 
control electronics (SF-ACE) 1 and 2 to primary actuator control 
electronics (P-ACE) 1, 2, and 3; in accordance with Embraer Service 
Bulletin 170-31-0020, Revision 01, dated May 21, 2008.
    (4) Actions accomplished before the effective date of this AD 
according to Embraer Service Bulletin 170-31-0020, dated July 20, 
2007, are considered acceptable for compliance with the 
corresponding actions specified in this AD.

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

[[Page 2062]]

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 Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) Airworthiness Directive 2008-09-
01, dated September 30, 2008, and the service information identified 
in Table 1 of this AD, for related information.

                      Table 1--Service Information
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 Embraer Service Bulletin--      Revision--             Dated--
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170-24-0019.................  Original.......  December 6, 2006.
170-24-0020.................  Original.......  November 30, 2006.
170-31-0020.................  01.............  May 21, 2008.
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Material Incorporated by Reference

    (i) You must use the service information contained in Table 2 of 
this AD 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.

               Table 2--Material Incorporated by Reference
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 Embraer Service Bulletin--      Revision--             Dated--
------------------------------------------------------------------------
170-24-0019.................  Original.......  December 6, 2006.
170-24-0020.................  Original.......  November 30, 2006.
170-31-0020.................  01.............  May 21, 2008.
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    Issued in Renton, Washington, on December 28, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-212 Filed 1-13-10; 8:45 am]
BILLING CODE 4910-13-P