[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Rules and Regulations]
[Pages 7929-7931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3116]



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  Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / 
Rules and Regulations  

[[Page 7929]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0418; Directorate Identifier 2009-NM-020-AD; 
Amendment 39-16201; AD 2010-04-08]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) 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.

-----------------------------------------------------------------------

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:

    During routine inspection procedures on the wing assembly line 
it was identified the possibility of cracks and deformation 
developing during assembly on the internal wing spars and rib 
flanges, causing a safe[ty] margin reduction.
* * * * *
The unsafe condition is cracking and deformation of wing spar and rib 
flanges, which could result in loss of structural integrity of the 
wing. We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective March 30, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 30, 
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 7, 2009 (74 FR 
21285). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During routine inspection procedures on the wing assembly line 
it was identified the possibility of cracks and deformation 
developing during assembly on the internal wing spars and rib 
flanges, causing a safe[ty] margin reduction.
* * * * *
The unsafe condition is cracking and deformation of wing spar and rib 
flanges, which could result in loss of structural integrity of the 
wing. Corrective actions include performing a detailed inspection for 
damage on wing spar I, II, and III flanges and on certain rib flanges, 
and contacting Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC) (or its delegated agent) and Embraer for an approved repair. 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 Remove Certain Model ERJ 190 Airplanes

    Embraer requests that we remove Model ERJ 190-100 ECJ airplanes 
from the applicability of the NPRM, because that model is not included 
in the effectivity statement of Embraer Service Bulletin 190-57-0023, 
dated June 9, 2008, and is not subject to the unsafe condition 
addressed by the NPRM.
    We agree, for the reasons provided by the commenter. We have 
revised the applicability statement of the AD accordingly.

Request To Change Repair Contact Authority

    Embraer requests that we change paragraph (f)(2) of the NPRM to 
require that any repair of detected cracking or deformation be approved 
by either the FAA or the ANAC, and that Embraer may be contacted for 
repair support. Embraer states that the appropriate corrective action 
would be applying an authority-approved repair to the damaged wing rib 
and spar flanges.
    We disagree with the commenter's request to change paragraph (f)(2) 
of this AD. As specified in paragraph (g)(2) of this AD, corrective 
actions obtained from a manufacturer cannot be used unless they are 
FAA-approved. Paragraph (g)(2) of this AD also states that corrective 
actions are considered FAA-approved if they are approved by the State 
of Design Authority, in this case ANAC (or its delegated agent). We 
have not changed the AD in this regard.

Request To State When No Further Action Is Required

    Embraer requests that we add a paragraph (f)(3) to the NPRM stating 
``If no cracking or deformation is detected during the inspection 
required by paragraph (f)(1) of this AD, no further action is 
required.'' Embraer did not provide justification for this request.
    We agree with Embraer's request to add the statement as 
clarification. We have therefore added paragraph (f)(3) to the AD.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

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 changes described previously.

[[Page 7930]]

We determined that these changes 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 27 products of U.S. registry. 
We also estimate that it will take about 10 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $22,950, or $850 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:

2010-04-08 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16201. Docket No. FAA-2009-0418; Directorate Identifier 
2009-NM-020-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
30, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 190-100 LR, -100 IGW, -100 STD, -200 STD, -200 
LR, and -200 IGW airplanes, certificated in any category, serial 
numbers 19000002, 19000004, and 19000006 through 19000062 inclusive.

Subject

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

Reason

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

    During routine inspection procedures on the wing assembly line 
it was identified the possibility of cracks and deformation 
developing during assembly on the internal wing spars and rib 
flanges, causing a safe[ty] margin reduction.
* * * * *
The unsafe condition is cracking and deformation of wing spar and 
rib flanges, which could result in loss of structural integrity of 
the wing. Corrective actions include performing a detailed 
inspection for damage on wing spar I, II, and III flanges and on 
certain rib flanges, and contacting Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) (or its delegated agent) and 
Embraer for an approved repair.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Before the accumulation of 5,000 total flight cycles on the 
airplane, or within 1,000 flight cycles after the effective date of 
this AD, whichever occurs later: Perform a detailed inspection of 
the left and right wing rib and spars I, II, and III flanges to 
detect cracking or deformation, in accordance with the 
Accomplishment Instructions of Embraer Service Bulletin 190-57-0023, 
dated June 9, 2008.
    (2) If any cracking or deformation is detected during the 
inspection required by paragraph (f)(1) of this AD, before further 
flight, send the inspection results and request for repair 
instructions to ANAC (or its delegated agent) and Embraer Technical 
Support; e-mail: [email protected]; and do the repair.
    (3) If no cracking or deformation is detected during the 
inspection required by paragraph (f)(1) of this AD, no further 
action is required by this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: Although the MCAI or service information allows further 
flight after cracks are found during compliance with the required 
action, paragraph (f)(2) of this AD requires that you repair the 
crack(s) before further flight.

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,

[[Page 7931]]

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 2008-10-03, 
effective October 21, 2008; and Embraer Service Bulletin 190-57-
0023, dated June 9, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Embraer Service Bulletin 190-57-0023, dated 
June 9, 2008, 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 February 5, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-3116 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-13-P