[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24342-24344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9500]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1325; Directorate Identifier 2010-NM-250-AD; 
Amendment 39-17014; AD 2012-07-08]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for all EMBRAER Model ERJ 170 airplanes. That AD currently requires 
revising the Airworthiness Limitations Section (ALS) of the 
Instructions for Continued Airworthiness (ICA) to incorporate new 
structural inspection requirements. Since we issued that AD, during 
full scale fatigue testing, cracks were found in certain structural 
components of the airplane. Analysis of these cracks resulted in the 
manufacturer modifying the ALS of EMBRAER 170 Maintenance Review Board 
Report (MRBR), to include new inspections tasks, or modifying the 
current tasks and their respective thresholds and intervals. This new 
AD requires revising the maintenance program to incorporate new or 
revised structural inspection requirements. We are issuing this AD to 
detect and correct fatigue cracking which could result in the loss of 
structural integrity of the airplane.

DATES: This AD becomes effective May 29, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 29, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of July 6, 
2010 (75 FR 30284, June 1, 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: Cindy Ashforth, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-
2768; fax 425-227-1320.

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 December 29, 2011 
(76 FR 81894), and proposed to supersede AD 2010-11-13, Amendment 39-
16318 (75 FR 30284, June 1, 2010). That NPRM proposed to correct an 
unsafe condition for the specified products. The MCAI states:

During the airplane full scale fatigue test, cracks were found in 
some structural components of the airplane. Analysis of these cracks 
resulted in modifications on the Airworthiness Limitation Section 
(ALS) of Embraer ERJ 170 Maintenance Review Board Report (MRBR), to 
include new inspections tasks or modification of existing ones and 
its respective thresholds and intervals.
    Failure to inspect these structural components, according to the 
new/revised tasks, thresholds and intervals, could prevent a timely 
detection of fatigue cracking. These cracks, if not properly 
addressed, could adversely affect the structural integrity of the 
airplane.

* * * * *
The required action is revising the maintenance program to incorporate 
new structural inspection requirements. 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 received no comments on the NPRM (76 FR 81894, December 29, 
2011) or on the determination of the cost to the public.

Explanation of Changes Made to This AD

    We have revised certain headers throughout this AD. We have also 
redesignated Note 1 of the NPRM (76 FR 81894, December 29, 2011) as 
paragraph (c)(2) of this AD, and paragraph (c) of the NPRM as paragraph 
(c)(1) of this AD. These changes have not changed the intent of this 
AD.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously--and minor editorial changes. We have determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (76 FR 81894, December 29, 2011) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 81894, December 29, 2011).

Costs of Compliance

    We estimate that this AD will affect about 166 products of U.S. 
registry.
    The actions that are required by AD 2010-11-13, Amendment 39-16318 
(75 FR 30284, June 1, 2010), and retained in this AD take about 1 work-
hour per product, at an average labor rate of $85 per work hour. Based 
on these figures, the estimated cost of the currently required actions 
is $85 per product.
    We estimate that it will take about 1 work-hour per product to 
comply with the new 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 $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 AD will not have federalism implications 
under

[[Page 24343]]

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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 (76 FR 81894, December 29, 
2011), 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

    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 removing airworthiness directive (AD) 
2010-11-13, Amendment 39-16318 (75 FR 30284, June 1, 2010), and adding 
the following new AD:

2012-07-08 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-17014. Docket No. FAA-2011-1325; Directorate Identifier 
2010-NM-250-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 29, 
2012.

(b) Affected ADs

    This AD supersedes AD 2010-11-13, Amendment 39-16318 (75 FR 
30284, June 1, 2010).

(c) Applicability

    (1) This AD applies to all Empresa Brasileira de Aeronautica 
S.A. (EMBRAER) Model ERJ 170-100 LR, -100 STD, -100 SE., and -100 SU 
airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD 
airplanes; certificated in any category.
    (2) This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections). Compliance 
with these actions 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 actions 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 (k) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued damage tolerance of the affected structure. The FAA 
has provided guidance for this determination in Advisory Circular 
(AC) 25.1529-1A (http://rgl.faa.gov/Regulatory--and--Guidance--
Library/rgAdvisoryCircular.nsf/list/AC%2025.1529-1A/$FILE/
AC%2025.1529-1A.pdf).

(d) Subject

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

(e) Reason

    This AD was prompted by cracks found in certain structural 
components during full scale fatigue testing of the airplane. 
Analysis of these cracks resulted in manufacturer modifications of 
the airworthiness limitations section (ALS) of EMBRAER 170 
Maintenance Review Board Report (MRBR), which include new 
inspections tasks, or modification of the current tasks and their 
respective thresholds and intervals. We are issuing this AD to 
detect and correct fatigue cracking which could result in the loss 
of structural integrity of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Restatement of Requirements of AD 2010-11-13, Amendment 39-16318 
(75 FR 30284, June 1, 2010): Actions

    (1) Within 90 days after July 6, 2010 (the effective date of AD 
2010-11-13, Amendment 39-16318 (75 FR 30284, June 1, 2010)), 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 MRBR MRB-
1621 listed in table 1 of this AD.
    (2) The initial compliance times for the tasks start from the 
applicable threshold times specified in the temporary revisions 
(TRs) for the corresponding tasks of the maintenance review board 
report or within 500 flight cycles after July 6, 2010, 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.
    (3) 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--Inspection Tasks
----------------------------------------------------------------------------------------------------------------
                  TR                             Date                       Subject                 Task No.
----------------------------------------------------------------------------------------------------------------
TR 4-1...............................  October 15, 2007........  Ram air turbine compartment,     53-10-012-0002
                                                                  support structure and           53-10-012-0003
                                                                  cutout structure--internal.
                                                                 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.
----------------------------------------------------------------------------------------------------------------


[[Page 24344]]

(h) No Alternative Inspections for Paragraph (g) of This AD

    Except as required by paragraph (i) of this AD, after 
accomplishing the actions specified in paragraph (g) 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 (k)(1) of this AD.

(i) New Requirements of This AD: Revising the Maintenance Program

    (1) Within 60 days after the effective date of this AD: Revise 
the maintenance program to incorporate the new or revised tasks 
specified in Part 2--Airworthiness Limitation Inspection (ALI)--
Structures, of Appendix A, Airworthiness Limitations, of the EMBRAER 
170 MRBR MRB-1621, Revision 7, dated November 11, 2010; and EMBRAER 
Temporary Revision (TR) 7-1, dated February 11, 2011, to Part 2--
Airworthiness Limitation Inspection (ALI)--Structures, of Appendix 
A, Airworthiness Limitations, of the EMBRAER 170 MRBR MRB-1621, 
Revision 7; with the initial compliance times and intervals 
specified in these documents.
    (2) The initial compliance times for the tasks start from the 
date of issuance of the original Brazilian airworthiness certificate 
or the date of issuance of the original Brazilian export certificate 
of airworthiness of the applicable airplane at the applicable time 
specified in the tasks, or within 600 flight cycles after revising 
the maintenance program, 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 
Part 2--Airworthiness Limitation Inspection (ALI)--Structures, of 
Appendix A, Airworthiness Limitations, of the EMBRAER 170 MRBR MRB-
1621, Revision 7, dated November 11, 2010; and EMBRAER Temporary 
Revision 7-1, dated February 11, 2011, to Part 2--Airworthiness 
Limitation Inspection (ALI)--Structures, of Appendix A, 
Airworthiness Limitations of the EMBRAER 170 MRBR MRB-1621, Revision 
7.
    (3) For tasks identified in the documents identified in 
paragraph (i)(1) of this AD, doing the initial task required by this 
paragraph terminates the requirements of paragraph (g) of this AD 
for that task.

(j) No Alternative Actions Intervals, and/or Critical Design 
Configuration Control Limitations (CDCCLs)

    After accomplishing the revisions required by paragraph (i) of 
this AD, no alternative actions (e.g., inspections), intervals, and/
or CDCCLs may be used other than those specified in Part 2--
Airworthiness Limitation Inspection (ALI)--Structures, of Appendix 
A, Airworthiness Limitations, of the EMBRAER 170 MRBR MRB-1621, 
Revision 7, dated November 11, 2010; and EMBRAER Temporary Revision 
7-1, dated February 11, 2011, to Part 2--Airworthiness Limitation 
Inspection (ALI)--Structures, of Appendix A, Airworthiness 
Limitations, of the EMBRAER 170 MRBR MRB-1621, Revision 7, unless 
the actions, intervals, and/or CDCCLs are approved as an AMOC in 
accordance with the procedures specified in paragraph (k)(1) of this 
AD.

(k) Other FAA AD Provisions

    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. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the International 
Branch, send it to ATTN: Cindy Ashforth, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-
227-2768; fax 425-227-1320. Information may be emailed to: [email protected]. Before using any approved AMOC, notify 
your appropriate principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district 
office/certificate holding 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.

(l) Related Information

    Refer to MCAI Brazilian Airworthiness Directive 2011-04-01, 
dated May 5, 2011; and Part 2--Airworthiness Limitation Inspection 
(ALI)--Structures, of Appendix A, Airworthiness Limitations, of the 
EMBRAER 170 MRBR MRB-1621, Revision 7, dated November 11, 2010; and 
EMBRAER Temporary Revision 7-1, dated February 11, 2011, to Part 2--
Airworthiness Limitation Inspection (ALI)--Structures, of Appendix 
A, Airworthiness Limitations, of the EMBRAER 170 MRBR MRB-1621, 
Revision 7; for related information.

(m) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51 on the date specified.
    (2) The following service information was approved for IBR on 
May 29, 2012.
    (i) Part 2--Airworthiness Limitation Inspection (ALI)--
Structures, of Appendix A, Airworthiness Limitations, of the EMBRAER 
170 MRBR MRB-1621, Revision 7, dated November 11, 2010. *Only the 
title page of this document specifies the revision level of the 
document.
    (ii) EMBRAER Temporary Revision 7-1, dated February 11, 2011, to 
Part 2--Airworthiness Limitation Inspection (ALI)--Structures, of 
Appendix A, Airworthiness Limitations of the EMBRAER 170 MRBR MRB-
1621, Revision 7.
    (3) The following service information was approved for IBR on 
July 6, 2010 (75 FR 30284, June 1, 2010):
    (i) EMBRAER Temporary Revision 4-1, dated October 15, 2007, to 
Appendix A-Part 2 of the EMBRAER 170 Maintenance Review Board Report 
MRB-1621.
    (ii) EMBRAER Temporary Revision 4-3, dated December 6, 2007, to 
Appendix A--Part 2 of the EMBRAER 170 Maintenance Review Board 
Report MRB-1621.
    (iii) EMBRAER Temporary Revision 4-4, dated January 18, 2008, to 
Appendix A- Part 2 of the EMBRAER 170 Maintenance Review Board 
Report MRB-1621.
    (4) 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; email: 
[email protected]; Internet: http://www.flyembraer.com.
    (5) 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.
    (6) 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 an NARA facility, 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 29, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-9500 Filed 4-23-12; 8:45 am]
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