[Federal Register Volume 75, Number 164 (Wednesday, August 25, 2010)]
[Rules and Regulations]
[Pages 52263-52266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20843]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0497; Directorate Identifier 2009-NM-019-AD; 
Amendment 39-16417; AD 2010-18-04]
RIN 2120-AA64


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

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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

[[Page 52264]]

product. The MCAI describes the unsafe condition as:

    It has been found the possibility of cracks developing in the 
ram air turbine (RAT) machined support, located in the forward 
compartment [zone 124] of [the] aircraft, due to downlock pin not 
[being] pull[ed] during its retraction. In case of RAT failure or 
malfunction, it will not provide electrical power to essential 
systems of [the] aircraft in [an] electrical emergency situation.

* * * * *
    Lack of electrical power could result in reduced controllability of 
the airplane. We are issuing this AD to require actions to correct the 
unsafe condition on these products.

DATES: This AD becomes effective September 29, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 29, 
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 June 2, 2009 (74 FR 
26315). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found the possibility of cracks developing in the 
ram air turbine (RAT) machined support, located in the forward 
compartment [zone 124] of [the] aircraft, due to downlock pin not 
[being] pull[ed] during its retraction. In case of RAT failure or 
malfunction, it will not provide electrical power to essential 
systems of [the] aircraft in [an] electrical emergency situation.

* * * * *
Lack of electrical power could result in reduced controllability of the 
airplane. Corrective actions include a detailed visual inspection for 
cracking of the RAT machined support, replacing the support with a new 
part if any crack is found, and reinforcing or replacing the support if 
no crack is found. 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 Change the RAT Deployment Criteria

    EMBRAER and JetBlue Airways request that we revise the NPRM so that 
operators are allowed to reach the maximum time of 5,000 flight hours 
provided that the RAT machined support is inspected for cracks after 
each RAT deployment. EMBRAER states that the original undamaged support 
does not represent an unsafe condition, and that to damage it to an 
unacceptable level, it would be necessary to have two incorrect stows 
of the RAT.
    JetBlue Airways states that the NPRM specifies that installing 
reinforcements or replacing the RAT support must be done before the 
next flight after the next two RAT deployments or within 5,000 flight 
hours. JetBlue Airways notes that it is difficult to track the number 
of deployments as the deployment could be used as part of 
troubleshooting in an airplane maintenance manual task. JetBlue Airways 
specifies that an inspection could be done after RAT deployment during 
MRB tasks.
    We agree with the request to allow the option to do the above 
procedures. We have determined that allowing the option specified in 
paragraph (f)(1)(ii) of this AD to do the installation or replacement 
within 5,000 flight hours provided that the RAT machined support is 
inspected for cracking after each RAT deployment will provide an 
acceptable level of safety. We have revised paragraph (f)(1) of this AD 
accordingly. This has been coordinated with Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC). We have revised the final rule 
accordingly.

Request To Remove the RAT Deployment Criteria

    Air Transport Association of America (ATA), on behalf of its member 
US Airways, requests that we remove the RAT deployment criteria 
specified in paragraph (f)(1)(ii) of the NPRM. US Airways states that 
the deployment criterion specified in paragraph (f)(1)(ii) of the NPRM 
is confusing and would be difficult to document. US Airways also states 
that it is unclear whether a RAT deployment via unscheduled maintenance 
must be counted. US Airways and JetBlue Airways both state that the 
maintenance review board (MRB) task specifies a manual RAT deployment 
and an auto RAT deployment, and questions if doing the MRB tasks counts 
as two RAT deployments.
    We do not agree to remove the RAT deployment criteria. However, we 
agree to clarify what counts as a RAT deployment in this AD. A flight 
deployment means any RAT deployment that occurs during flight, whether 
scheduled or unscheduled. RAT deployment during a MRB task procedure 
means doing both a manual and automatic RAT deployment and counts as 
two RAT deployments. No change has been made to the AD in this regard.

Request To Allow Further Flights With a Cracked Upper Lug

    EMBRAER and Air Transport Association (ATA), on behalf of its 
member US Airways, request that we revise the NPRM to remove the 
requirement to replace cracked upper lugs before further flight. 
EMBRAER requests that operators be allowed to operate airplanes up to 
600 hours with a cracked upper lug. EMBRAER states that the RAT was 
designed to remain operational with one damaged machined support and 
that the 600 hours were deemed appropriate by risk analysis 
calculations.
    Air Transport Association (ATA), on behalf of its member US 
Airways, requests that the more stringent criteria to replace any 
cracked lug of the RAT machined support with a new support before 
further flight, as specified in the ``FAA AD Differences'' section of 
the NPRM, be removed. US Airways states that the more stringent 
criteria are not justified and would cause unnecessary operational 
disruptions.
    We disagree with the request to allow airplanes to operate with a 
cracked upper lug. We have reviewed the risk analysis and found that 
there is no evidence that flights with a cracked upper lug, once found, 
would provide an adequate level of safety. If additional data are 
presented that would justify operating with a cracked upper lug, we 
might consider further rulemaking on this issue. We have not changed 
the AD in this regard.

Request To Allow the Use of Future Revised Service Bulletins

    Air Transport Association (ATA) on behalf of its member US Airways 
requests that the ``Actions and Compliance'' paragraph of the proposed 
NPRM be revised to allow use of revised service bulletins. US Airways 
states that due to possible material shortages, alternative materials 
may be specified in a future revised service bulletin.

[[Page 52265]]

    We disagree with the request to allow the use of future revised 
service bulletins. Using the phrase ``or later FAA-approved revisions'' 
in reference to a specific service bulletin in an AD violates Office of 
the Federal Register regulations for approving materials that are 
incorporated by reference. The procedures included in EMBRAER Service 
Bulletins 170-53-0057, dated February 21, 2008; and 190-53-0027, dated 
February 18, 2008; provide an adequate level of safety. If the service 
bulletin is revised later, an operator may apply for approval of an 
alternative method of compliance (AMOC) in accordance with the 
procedures outlined in paragraph (g) of this AD to be allowed to use 
that service bulletin revision. We have not changed the AD in this 
regard.

Request To Add Note Regarding Correct RAT Stow Procedure

    EMBRAER requests that a note be added to the AD to reaffirm the 
correct RAT stow procedure.
    We agree. We have added Note 1 to this AD to specify the correct 
stow procedure.

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 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 163 products of U.S. registry. 
We also estimate that it will take about 60 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $7,535 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 $2,059,505, or $12,635 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:

2010-18-04 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16417. Docket No. FAA-2009-0497; Directorate Identifier 
2009-NM-019-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 29, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 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 17000208 inclusive; and Model ERJ 190-100 LR, -100 IGW, -100 
STD, -200 STD, -200 LR, and -200 IGW airplanes, serial numbers 
19000002, 19000004, and 19000006 through 19000152 inclusive; 
certificated in any category.

Subject

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

[[Page 52266]]

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    It has been found the possibility of cracks developing in the 
ram air turbine (RAT) machined support, located in the forward 
compartment [zone 124] of [the] aircraft, due to downlock pin not 
[being] pull[ed] during its retraction. In case of RAT failure or 
malfunction, it will not provide electrical power to essential 
systems of [the] aircraft in [an] electrical emergency situation.
* * * * *
Lack of electrical power could result in reduced controllability of 
the airplane. Corrective actions include a detailed visual 
inspection for cracking of the RAT machined support, replacing the 
support with a new part if any crack is found, and reinforcing or 
replacing the support if no crack is found.

Actions and Compliance

    (f) Unless already done, within 600 flight hours after the 
effective date of this AD: Perform a detailed visual inspection for 
cracks in the RAT machined support, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 170-53-0057, 
dated February 21, 2008; or EMBRAER Service Bulletin 190-53-0027, 
dated February 18, 2008; as applicable.
    (1) If no crack is found, do the actions in either paragraph 
(f)(1)(i) or (f)(1)(ii) of this AD.
    (i) At the earlier of the times specified in paragraphs 
(f)(1)(i)(A) and (f)(1)(i)(B) of this AD, install reinforcements in 
the RAT machined support or replace the RAT machined support with a 
new support having part number 170-18676-405, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 170-53-0057, 
dated February 21, 2008; or EMBRAER Service Bulletin 190-53-0027, 
dated February 18, 2008; as applicable.
    (A) Within 5,000 flight hours after accomplishing the inspection 
required by paragraph (f) of this AD.
    (B) Before further flight after the next two RAT deployments--
which can be a flight deployment or a ground deployment as part of a 
maintenance task--after accomplishing the inspection required by 
paragraph (f) of this AD.
    (ii) Do the actions specified in paragraph (f)(1)(ii)(A) and 
(f)(1)(ii)(B) of this AD.
    (A) Do the inspection specified in paragraph (f) of this AD 
before further flight after each RAT deployment--which can be a 
flight deployment or a ground deployment as part of a maintenance 
task--until the installation specified in paragraph (f)(1)(ii)(B) of 
this AD is accomplished or the replacement specified in paragraph 
(f)(2) of this AD is accomplished.
    (B) Within 5,000 flight hours after accomplishing the inspection 
required by paragraph (f) of this AD, install reinforcements in the 
RAT machined support or replace the RAT machined support with a new 
support having part number 170-18676-405, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 170-53-0057, 
dated February 21, 2008; or EMBRAER Service Bulletin 190-53-0027, 
dated February 18, 2008; as applicable.
    (2) If any cracking is found, before further flight replace the 
RAT machined support with a new support having part number 170-
18676-405, in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 170-53-0057, dated February 21, 2008; or 
EMBRAER Service Bulletin 190-53-0027, dated February 18, 2008; as 
applicable.
    Note 1: Guidance on retracting the RAT without damaging the RAT 
machined support may be found in Task Number 24-23-00-840-801-A/
200--Ram-Air-Turbine (RAT)--Retraction, of the EMBRAER 170/190 
Airplane Maintenance Manual.

FAA AD Differences

    Note 2: 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 replace any cracked 
lug of the RAT machined support with a new support 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, 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 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, 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 Directives 2008-10-
05 and 2008-10-06, both dated November 10, 2008; EMBRAER Service 
Bulletin 170-53-0057, dated February 21, 2008; and EMBRAER Service 
Bulletin 190-53-0027, dated February 18, 2008; for related 
information.

Material Incorporated by Reference

    (i) You must use EMBRAER Service Bulletin 170-53-0057, dated 
February 21, 2008; or EMBRAER Service Bulletin 190-53-0027, dated 
February 18, 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.
    (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 August 13, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-20843 Filed 8-24-10; 8:45 am]
BILLING CODE 4910-13-P