[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Rules and Regulations]
[Pages 19193-19196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7804]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28377; Directorate Identifier 2007-NM-063-AD; 
Amendment 39-16257; AD 2010-08-02]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 and ERJ 190 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:

    Periodic operational check of the firewall hydraulic shutoff 
valves [FWSOV], made during routine maintenance, has revealed that 
the failure rate of that component is significantly higher than 
expected. Such a dormant failure, when combined with further 
possible failures, such as engine fire, may lead to an unacceptable 
reduction of safety margins.

The unsafe condition is failure of the firewall hydraulic shutoff 
valve, which, in combination with an engine fire, could result in the 
spread of an engine fire beyond the firewall. We are issuing this AD to 
require actions to correct the unsafe condition on these products.

DATES: This AD becomes effective May 19, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 19, 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 supplemental notice of proposed rulemaking (NPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products. That supplemental NPRM was published in the Federal Register 
on June 26, 2008 (73 FR 36290). That supplemental NPRM proposed to 
correct an unsafe condition for the specified products.
    Since that NPRM was issued, Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority for 
Brazil, has issued Brazilian Airworthiness Directives 2007-02-01R2, and 
2007-02-02R2, both effective July 17, 2009. The revised MCAI references 
suitable hydraulic shutoff valves for replacement valves. (This change 
is explained further in a comment from EMBRAER, which is discussed 
below.) The MCAI states:

    Periodic operational check of the firewall hydraulic shutoff 
valves [FWSOV], made during routine maintenance, has revealed that 
the failure rate of that component is significantly higher than 
expected. Such a dormant failure, when combined with further 
possible failures, such as engine fire, may lead to an unacceptable 
reduction of safety margins.

The unsafe condition is failure of the firewall hydraulic shutoff 
valve, which, in combination with an engine fire, could result in the 
spread of an engine fire beyond the firewall. The MCAI requires 
repetitive operational checks of the firewall hydraulic shutoff valve, 
and if necessary, replacement of the valve. 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 Revise Unsafe Condition Statement

    EMBRAER requests that we revise the description of the unsafe 
condition.

[[Page 19194]]

EMBRAER explains that loss of hydraulic pressure, as stated in the 
supplemental NPRM, is an expected result when the firewall hydraulic 
shutoff valves fail to close when commanded to close. The failure mode 
for the valve results in the valve not closing when commanded to close. 
When the valve does not close, then a fire can spread beyond the 
firewall.
    We agree to revise the unsafe condition statement to remove the 
phrase ``loss of hydraulic pressure,'' and have revised the statements 
in the preamble and paragraph (e) of the AD accordingly.

Request To Add an Optional Terminating Action

    EMBRAER also requests that we add replacing an affected valve with 
a new valve, P/N 975287-7, as an optional terminating action for the 
600-flight-hour-interval inspections required by paragraph (f) of the 
supplemental NPRM. EMBRAER adds that a service bulletin to install this 
new valve should be issued soon.
    We agree to add the replacement discussed by the commenter as an 
optional terminating action. We received new service bulletins, EMBRAER 
Service Bulletin 190-29-0021 and 170-29-0024, both dated December 22, 
2008, that describe replacement instructions for the valves and explain 
that replacement with P/N 975287-7 returns the repetitive interval to 
the original 3,000 flight hours specified in the relevant maintenance 
review board report. We also received revised Brazilian ADs 2007-02-
01R2 and 2007-02-02R2, both effective July 17, 2009, which provide for 
the use of other valves bearing a new part number in replacing faulty 
valves. We have added paragraph (f)(2) to this AD to provide an 
optional terminating action for the requirements of paragraph (f)(1) of 
this AD. We have also re-identified paragraph (f) of the supplemental 
NPRM as paragraph (f)(1) of this AD.

Revision to Paragraph (f)(1) of This AD

    We have revised the language in paragraph (f)(1) of this AD from 
``If the valve does not operate properly, * * *'' to ``If the valve 
fails the operational test,'' as described in the applicable service 
bulletin listed in Table 1 of this AD. This change more closely aligns 
with the phrasing used in the MCAI referenced in this AD.

Explanation of Changes to Applicability

    We have revised the applicability of the supplemental NPRM to 
clarify affected airplane categories and identify model designations as 
published in the most recent type certificate data sheet (TCDS) for the 
affected models. Since we issued the original NPRM, the Model ERJ 190-
100 ECJ airplane was added to the U.S. TCDS. This model is also 
affected by the identified unsafe condition. There are no airplanes of 
this model currently registered in the United States.

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 changes described previously. 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.

Explanation of Change to Costs of Compliance

    Since issuance of the supplemental 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.

Costs of Compliance

    We estimate that this AD will affect 145 products of U.S. registry. 
We also estimate that it will take about 1 work-hour 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 $12,325, or $85 per product, per 
inspection cycle.

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,

[[Page 19195]]

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:

2010-08-02 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16257. Docket No. FAA-2007-28377; Directorate 
Identifier 2007-NM-063-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 19, 
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; and Model ERJ 190-100 STD, -100 LR, 
-100 IGW, -100 ECJ, -200 STD, -200 LR, and -200 IGW airplanes; 
certificated in any category; equipped with firewall hydraulic 
shutoff valves having part number (P/N) 975287-3 or P/N 975287-5.

Subject

    (d) Air Transport Association (ATA) of America Code 29: 
Hydraulic power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Periodic operational check of the firewall hydraulic shutoff 
valves [FWSOV], made during routine maintenance, has revealed that 
the failure rate of that component is significantly higher than 
expected. Such a dormant failure, when combined with further 
possible failures, such as engine fire, may lead to an unacceptable 
reduction of safety margins.

The unsafe condition is failure of the firewall hydraulic shutoff 
valve, which, in combination with an engine fire, could result in 
the spread of an engine fire beyond the firewall. The MCAI requires 
repetitive operational checks of the firewall hydraulic shutoff 
valve, and if necessary, replacement of the valve.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within the next 600 flight hours after the effective date of 
this AD, perform an operational test for proper operation of the 
firewall hydraulic shutoff valves P/N 975287-3 or P/N 975287-5, as 
applicable, in accordance with the applicable service bulletin 
listed in Table 1 of this AD. If the valve fails the operational 
test, as described in the applicable service bulletin listed in 
Table 1 of this AD, before further flight, replace the faulty 
hydraulic shutoff valve with another one bearing P/N 975287-3 or P/N 
975287-5. Repeat the test thereafter at intervals that do not exceed 
600 flight hours.

    Note 1:  For the purpose of this AD, an operational test is: ``A 
task to determine that an item is fulfilling its intended purpose. 
The test does not require quantitative tolerances. This is a failure 
finding task.''


                                      Table 1--Embraer Service Information
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       EMBRAER Service Bulletin--                   Revision--                            Dated--
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170-29-0013............................  Original.......................  December 13, 2006.
170-29-0013............................  01.............................  July 24, 2007.
190-29-0008............................  Original.......................  December 13, 2006.
190-29-0008............................  01.............................  July 24, 2007.
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     (2) Replacing a firewall hydraulic shutoff valve having P/N 
975287-3 or P/N 975287-5 with a valve having P/N 975287-7, in 
accordance with the Accomplishment Instructions of EMBRAER Service 
Bulletin 190-29-0021 or 170-29-0024, both dated December 22, 2008, 
as applicable, terminates the requirements of paragraph (f)(1) of 
this AD for that valve.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service 
information as follows: A final solution has been identified since 
the MCAI were issued and we are providing it as an optional 
terminating action in this AD. This difference has been coordinated 
with Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC).

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, 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, FAA, 
Transport Airplane Directorate, 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

    (h) Refer to MCAI Brazilian Airworthiness Directives 2007-02-
01R2 and 2007-02-02R2, both effective July 17, 2009; and the service 
information listed in Table 2 of this AD; for related information.

                                      Table 2--Embraer Service Information
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       EMBRAER Service Bulletin--                   Revision--                            Dated--
----------------------------------------------------------------------------------------------------------------
170-29-0013............................  Original.......................  December 13, 2006.
170-29-0013............................  01.............................  July 24, 2007.
170-29-0024............................  Original.......................  December 22, 2008.
190-29-0008............................  Original.......................  December 13, 2006.
190-29-0008............................  01.............................  July 24, 2007.
190-29-0021............................  Original.......................  December 22, 2008.
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[[Page 19196]]

Material Incorporated by Reference

    (i) You must use the applicable service information specified in 
Table 3 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise. If you accomplish the optional actions 
specified by this AD, you must use EMBRAER Service Bulletin 190-29-
0021, dated December 22, 2008; or EMBRAER Service Bulletin 170-29-
0024, dated December 22, 2008; as applicable; to perform those 
actions, unless the AD specifies otherwise.

                   Table 3--Material Incorporated by Reference for Actions Required by This AD
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       EMBRAER Service Bulletin--                   Revision--                            Dated--
----------------------------------------------------------------------------------------------------------------
170-29-0013............................  Original.......................  December 13, 2006.
170-29-0013............................  01.............................  July 24, 2007.
190-29-0008............................  Original.......................  December 13, 2006.
190-29-0008............................  01.............................  July 24, 2007.
----------------------------------------------------------------------------------------------------------------

    EMBRAER Service Bulletin 170-29-0013, Revision 01, contains the 
following effective pages:

------------------------------------------------------------------------
                  Revision level shown
  Page number           on page                Date shown on page
------------------------------------------------------------------------
1-5, 10........   01..................  July 24, 2007.
6-9............   Original............  December 13, 2006.
------------------------------------------------------------------------

    EMBRAER Service Bulletin 190-29-0008, Revision 01, contains the 
following effective pages:

------------------------------------------------------------------------
                  Revision level shown
  Page number           on page                Date shown on page
------------------------------------------------------------------------
1-5, 10........   01..................  July 24, 2007.
6-9............   Original............  December 13, 2006.
------------------------------------------------------------------------

    (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.
    (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 March 25, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-7804 Filed 4-13-10; 8:45 am]
BILLING CODE 4910-13-P