[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Proposed Rules]
[Pages 9811-9814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4504]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0176; Directorate Identifier 2009-NM-201-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 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: During ERJ 170 airplane full scale fatigue test, cracks 
were found in some structural components of the airplane. Analysis of 
these cracks resulted in modifications on the airplane Airworthiness 
Limitation Items (ALI), to include new inspections tasks or 
modification of existing ones and its respective thresholds and 
intervals. Failure to inspect these components according to the new 
tasks, thresholds and intervals could prevent a timely detection of 
fatigue cracks. Undetected fatigue cracks in these areas could 
adversely affect the structural integrity of these airplanes.
    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 April 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 W12-40, 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: 

[[Page 9812]]

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-2010-0176; 
Directorate Identifier 2009-NM-201-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 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 Directive 2009-04-01, effective April 29, 2009 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During ERJ 170 airplane full scale fatigue test, cracks were 
found in some structural components of the airplane. Analysis of 
these cracks resulted in modifications on the airplane Airworthiness 
Limitation Items (ALI), to include new inspections tasks or 
modification of existing ones and its respective thresholds and 
intervals.
    Failure to inspect these components according to the new tasks, 
thresholds and intervals could prevent a timely detection of fatigue 
cracks. Undetected fatigue cracks in these areas could adversely 
affect the structural integrity of these airplanes.
* * * * *
The corrective action is revising the Airworthiness Limitations Section 
of the Instructions for Continued Airworthiness to incorporate new 
structural inspection requirements. You may obtain further information 
by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued temporary revisions to Appendix A--Part 2 of the 
Embraer 170 Maintenance Review Board Report MRB-1621, as identified in 
the following table.

                     Embraer 170 Temporary Revisions
------------------------------------------------------------------------
            Temporary  revision                         Date
------------------------------------------------------------------------
TR 4-1....................................  October 15, 2007.
TR 4-3....................................  December 6, 2007.
TR 4-4....................................  January 18, 2008.
------------------------------------------------------------------------

    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 166 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $14,110, or $85 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.

[[Page 9813]]

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-
2010-0176; Directorate Identifier 2009-NM-201-AD.

Comments Due Date

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

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all 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.

    Note 1:  This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (h) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane. The FAA has 
provided guidance for this determination in Advisory Circular (AC) 
25-1529-1A.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage; 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During ERJ 170 airplane full scale fatigue test, cracks were 
found in some structural components of the airplane. Analysis of 
these cracks resulted in modifications on the airplane Airworthiness 
Limitation Items (ALI), to include new inspections tasks or 
modification of existing ones and its respective thresholds and 
intervals.
    Failure to inspect these components according to the new tasks, 
thresholds and intervals, could prevent a timely detection of 
fatigue cracks. Undetected fatigue cracks in these areas could 
adversely affect the structural integrity of these airplanes.
* * * * *
    The corrective action is revising the Airworthiness Limitations 
Section (ALS) of the Instructions for Continued Airworthiness to 
incorporate new structural inspection requirements.

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 90 days after the effective date of this AD revise 
the ALS of the Instructions for Continued Airworthiness (ICA) to 
incorporate the inspection tasks identified in the Embraer temporary 
revisions (TRs) to Appendix A--Part 2 of the Embraer 170 Maintenance 
Review Board Report MRB-1621, listed in Table 1 of this AD. The 
initial compliance times for the tasks start from the applicable 
threshold times specified in the TRs for the corresponding tasks of 
the maintenance review board report or within 500 flight cycles 
after the effective date of this AD, whichever occurs later. For 
certain tasks, the compliance times depend on the pre-modification 
and post-modification status of the actions specified in the 
associated service bulletin, as specified in the ``Applicability'' 
column of the applicable TRs identified in Table 1 of this AD. The 
threshold values stated in the TRs referenced in Table 1 of this AD 
are total flight cycles on the airplane since the date of issuance 
of the original Brazilian airworthiness certificate or the date of 
issuance of the original Brazilian export certificate of 
airworthiness.

                                         Table 1--MRBR Inspection Tasks
----------------------------------------------------------------------------------------------------------------
                  TR                             Date                       Subject                 Task No.
----------------------------------------------------------------------------------------------------------------
TR 4-1...............................  October 15, 2007........  Ram air turbine compartment,     53-10-012-0002
                                                                  support structure and
                                                                  cutout structure--internal.
                                                                                                  53-10-012-0003
                                                                 Nose landing gear wheel well     53-10-021-0005
                                                                  metallic structure.
                                                                                                  53-10-021-0006
TR 4-3...............................  December 6, 2007........  Wing stub spar 3 side            57 -01-012-001
                                                                  fitting--internal.
                                                                 Wing upper skin panels--         57-10-010-0002
                                                                  external.
                                                                 Fixed trailing edge lower        57-50-002-0002
                                                                  skin panel--external.
                                                                 Fixed trailing edge rib 4A--     57-50-005-0003
                                                                  external.
                                                                 Fixed trailing edge rib 6--      57-50-005-0004
                                                                  internal.
TR 4-4...............................  January 18, 2008........  Wing stub main box lower--        57-01-002-003
                                                                  internal.
----------------------------------------------------------------------------------------------------------------

     (2) After accomplishing the actions specified in paragraph 
(g)(1) of this AD, no alternative inspections or inspection 
intervals may be used unless the inspection or inspection interval 
is approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, or the Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) (or its delegated agent); or 
unless the inspection or interval is approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (h)(1) of this AD.

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.

[[Page 9814]]

Related Information

    (i) Refer to MCAI Brazilian Airworthiness Directive 2009-04-01, 
dated April 29, 2009; and the TRs to Appendix A--Part 2 of the 
Embraer 170 Maintenance Review Board Report MRB-1621, identified in 
Table 2 of this AD; for related information.

                      Table 2--Temporary Revisions
------------------------------------------------------------------------
           Temporary  revisions                         Date
------------------------------------------------------------------------
TR 4-1....................................  October 15, 2007.
TR 4-3....................................  December 6, 2007.
TR 4-4....................................  January 18, 2008.
------------------------------------------------------------------------


    Issued in Renton, Washington, on February 25, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-4504 Filed 3-3-10; 8:45 am]
BILLING CODE 4910-13-P