Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 13539 

Issued in Renton, Washington, on March 4, 

2011. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–5722 Filed 3–11–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0216; Directorate 

Identifier 2010–NM–197–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 190 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

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: 

* * * The pylon internal shear pin was 

found cracked during a regular check. 

Further investigation revealed that the failure 

occurred due to hydrogen embrittlement. The 

ANAC [Ageˆncia Nacional de Aviac ̧a ̃o Civil] 

is issuing this AD to prevent insufficient 

strength of the pylon to wing attachment, 

which in combination with an engine 

imbalance caused by a fan blade out could 

cause pylon to wing attachment failure and 

consequent engine separation. 

* * * * * 

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 28, 2011. 

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 Sa ̃o 

Jose dos Campos—SP—BRASIL; 

telephone +55 12 3927–5852 or +55 12 

3309–0732; fax +55 12 3927–7546; email distrib@embraer.com.br; 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. 

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: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; phone: 425– 

227–2768; fax: 425–227–1149; e-mail: 

cindy.ashforth@faa.gov. 

SUPPLEMENTARY INFORMATION: 

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–2011–0216; Directorate Identifier 

2010–NM–197–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 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 Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directive 2010–08–02, 

dated September 20, 2010 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

* * * The pylon internal shear pin was 

found cracked during a regular check. 

Further investigation revealed that the failure 

occurred due to hydrogen embrittlement. The 

ANAC [Ageˆncia Nacional de Aviac ̧a ̃o Civil] 

is issuing this AD to prevent insufficient 

strength of the pylon to wing attachment, 

which in combination with an engine 

imbalance caused by a fan blade out could 

cause pylon to wing attachment failure and 

consequent engine separation. 

* * * * * 

Required actions include replacing 

pylon shear pins in the rear outboard 

and inboard shear pin assembly in the 

right- and left-hand pylons with new 

parts. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

EMBRAER has issued Service 

Bulletins 190–54–0010, dated May 19, 

2010; and 190LIN–54–0001, dated June 

21, 2010. 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. 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
13540 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 

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 73 products of U.S. registry. 

We also estimate that it would take 

about 10 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $2,360 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 costs. 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 the 

proposed AD on U.S. operators to be 

$234,330, or $3,210 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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2011– 

0216; Directorate Identifier 2010–NM– 

197–AD. 

Comments Due Date 

(a) We must receive comments by April 28, 

2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Empresa Brasileira 

de Aeronautica S.A. (EMBRAER) Model ERJ 

190–100 STD, –100 LR, –100 ECJ, and –100 

IGW airplanes; and Model ERJ 190–200 STD, 

–200 LR, and –200 IGW airplanes; 

certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 54: Nacelles/Pylons. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

* * * The pylon internal shear pin was 

found cracked during a regular check. 

Further investigation revealed that the failure 

occurred due to hydrogen embrittlement. The 

ANAC [Ageˆncia Nacional de Aviac ̧a ̃o Civil] 

is issuing this AD to prevent insufficient 

strength of the pylon to wing attachment, 

which in combination with an engine 

imbalance caused by a fan blade out could 

cause pylon to wing attachment failure and 

consequent engine separation. 

* * * * * 

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. 

Replace Shear Pins 

(g) For Model ERJ 190–100 STD, –100 LR, 

–100 IGW; and ERJ 190–200 STD, –200 LR, 

and –200 IGW airplanes: Within 3,000 flight 

hours after the effective date of this AD, 

replace the shear pins having part number (P/ 

N) 190–15178–003 and P/N 190–15181–003 

in the rear outboard and inboard shear pin 

assembly in the right- and left-hand pylons, 

with new shear pins having P/N 190–15178– 

005 and P/N 190–15181–005, respectively, in 

accordance with the Accomplishment 

Instructions of EMBRAER Service Bulletin 

190–54–0010, dated May 19, 2010. 

(h) For Model ERJ 190–100 ECJ airplanes: 

Within 3,000 flight hours or within 12 

months after the effective date of this AD, 

whichever occurs first, replace the shear pins 

having P/N 190–15178–003 and P/N 190– 

15181–003, in the rear outboard and inboard 

shear pin assembly in the right- and left-hand 

pylons, with new shear pins having P/N 190– 

15178–005 and P/N 190–15181–005, 

respectively, in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 190LIN–54–0001, dated June 

21, 2010. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: The 

MCAI allows credit for previous installation 

of internal shear pins in accordance with 

EMBRAER 190 Aircraft Maintenance Manual 

Task 54–50–00–400, Revision 19, dated July 

15, 2010. This AD does not allow credit for 

this task; however, under the provisions of 

paragraph (i) of this AD, we will consider 

requests for an alternative method of 

compliance. 

Other FAA AD Provisions 

(i) 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. 

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) 

227–1149. Information may be e-mailed to: 

9–ANM–116–AMOC–REQUESTS@faa.gov. 

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. 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 13541 

(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. 

Related Information 

(j) Refer to MCAI Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC) Airworthiness 

Directive 2010–08–02, dated September 20, 

2010; and EMBRAER Service Bulletins 190– 

54–0010, dated May 19, 2010, and 190LIN– 

54–001, dated June 21, 2010; for related 

information. 

Issued in Renton, Washington, on March 4, 

2011. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–5723 Filed 3–11–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0219; Directorate 

Identifier 2010–NM–228–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 757–200, –200CB, and 

–300 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD would require modifying the door 

latch fittings and witness mark placards 

of the off-wing escape slide systems; 

and for certain airplanes, replacing the 

bearings and lockbase retainer in the 

door latch assembly, relocating and 

adjusting of the sensor target and the 

sensor proximity switch, and testing to 

ensure positive door locking and 

corrective action if necessary. For 

certain airplanes, this proposed AD 

would also require installing a bumper 

assembly and placards. This proposed 

AD was prompted by reports of in-flight 

loss of the off-wing escape slide. We are 

proposing this AD to prevent in-flight 

loss of the off-wing escape slide, which 

could result in the unavailability of the 

escape slide during a time-critical 

evacuation. Additionally, the departed 

slide could cause damage to the 

fuselage, wing, flaps, or stabilizer, 

which could degrade flight control. 

DATES: We must receive comments on 

this proposed AD by April 28, 2011. 

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: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P. O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; phone: 206–544–5000, extension 

1; fax: 206–766–5680; e-mail: 

me.boecom@boeing.com; Internet: 

ttps:// 

www.myboeingfleet.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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility 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 Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly DeVoe, Aerospace Engineer, 

Cabin Safety and Environmental 

Systems Branch, ANM–150S, Seattle 

Aircraft Certification Office (ACO), 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; phone: 425– 

917–6495; fax: 425–917–6590; e-mail: 

Kimberly.Devoe@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2011–0219; Directorate Identifier 2010– 

NM–228–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 because of those 

comments. 

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 

Since May 2005, four operators have 

reported seven events of in-flight loss of 

the off-wing escape slides. The off-wing 

escape slides did not inflate in flight. 

Due to latching failures of the 

compartment doors for the off-wing 

escape slides, in-flight maneuvering 

resulted in the departure of the slides 

from the airplane. The loss of the offwing escape slide could result in the 

unavailability of the escape slide during 

a time-critical evacuation. Additionally, 

the departed slide could cause damage 

to the fuselage, wing, flaps, or stabilizer, 

which could degrade flight control. 

Related Rulemaking 

To address the in-flight loss of the offwing escape slide we issued AD 99–17– 

20, Amendment 39–11266 (64 FR 

45436, August 20, 1999), which was 

based on Boeing Service Bulletin 757– 

25–0182, Revision 1, dated June 12, 

1997; and Boeing Service Bulletin 757– 

25–0200, dated January 21, 1999. AD 

99–17–20 requires modification of the 

door latch system on the off-wing 

escape slide compartment and 

installation of a bumper assembly on the 

bottom of the off-wing escape slide 

carriers on certain Model 757–200 and 

–300 series airplanes. However, it has 

been shown through service history that 

more corrective actions, in addition to 

AD 99–17–20, are needed to correct the 

unsafe condition. 

Relevant Service Information 

We reviewed Boeing Special 

Attention Service Bulletin 757–25– 

0298, dated October 16, 2008. This 

service bulletin describes procedures for 

modifying the forward and aft door 

latch fittings for the left and right offwing escape slide systems and 

modifying the witness mark placards on 

the maintenance access door frames for 

the left and right off-wing escape slide 

systems. Additionally, this service 

bulletin specifies that the following 


erowe on DSK5CLS3C1PROD with PROPOSALS-1