[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Proposed Rules]
[Pages 2279-2281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-584]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1310; Directorate Identifier 2010-NM-067-AD]
RIN 2120-AA64


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

    It has been reported during operational checks that some 
failures of the Escape Slide * * * installed on the forward 
passenger and service door have occurred which prevented the door 
from opening.
    * * * [T]his condition * * * could delay an emergency evacuation 
and increase the chance of injury to passengers and flight crew * * 
*.

    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 February 28, 
2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 
<a href="/cdn-cgi/l/email-protection#54303d2720263d3614313936263531267a373b397a3626"><span class="__cf_email__" data-cfemail="baded3c9cec8d3d8fadfd7d8c8dbdfc894d9d5d794d8c8">[email protected]</span></a>; 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: 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: 

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-2010-1310; 
Directorate Identifier 2010-NM-067-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 Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2009-11-01, dated November 30, 2009, applicable 
to Model ERJ 170 airplanes; and Airworthiness Directive 2009-08-02, 
dated August 18, 2009, applicable to Model ERJ 190 airplanes; (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products.
    MCAI 2009-11-01 states:

    It has been reported during operational checks that some 
failures of the Escape Slide P/N [part number] 4A4030-2 and P/N 
4A4030-4 installed on the forward passenger and service door have 
occurred which prevented the door from opening.
    Since this condition * * * could delay an emergency evacuation 
and increase the chance of injury to passengers and flight crew, a 
corrective action is required.

    MCAI 2009-08-02 states:

    It has been reported during operational checks some failures in 
the deployment of the Escape Slide P/N 104003-1 installed in the 
forward passenger and service door, preventing the door opening.
    Since this condition * * * could impede an emergency evacuation 
and increase the chance of injury to passengers and flight crew, a 
corrective action is required.

    The required actions include modifying the escape slides of the 
forward passenger and service doors, and doing boroscope inspections 
for damage of the aspirator body and inlet cross valve. Corrective 
actions include replacing the aspirator body. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Goodrich Interiors has issued Service Bulletin 4A4030-25A379, dated 
August 10, 2009, for Model ERJ 170 airplanes; and Service Bulletin 
104003-25A380, Revision 2, dated July 7, 2009, for Model ERJ 190 
airplanes. 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

[[Page 2280]]

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 236 products of U.S. registry. We also estimate that 
it would take about 12 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 $0 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 $240,720, or $1,020 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.


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-
2010-1310; Directorate Identifier 2010-NM-067-AD.

Comments Due Date

    (a) We must receive comments by February 28, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) airplanes as identified in paragraphs (c)(1) and (c)(2) of 
this AD, certificated in any category.
    (1) 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; equipped with Goodrich escapes slide having part number 
(P/N) 4A4030-2 or P/N 4A4030-4.
    (2) 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; equipped with Goodrich escapes slide having P/N 104003-1.

Subject

    (d) Air Transport Association (ATA) of America Code 25: 
Equipment/furnishings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    It has been reported during operational checks that some 
failures of the Escape Slide * * * installed on the forward 
passenger and service door have occurred which prevented the door 
from opening.
    * * * [T]his condition * * * could delay an emergency evacuation 
and increase the chance of injury to passengers and flight crew * * 
*.

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) Within 18 months after the effective date of this AD, modify 
the forward escape slide and do a boroscope inspection of the 
aspirator body and inlet cross valve, in accordance with the 
Accomplishment Instructions of the Goodrich service bulletin 
identified in paragraph (g)(1) or (g)(2) of this AD, as applicable. 
Do all applicable corrective actions before further flight.
    (1) For any forward door escape slide having P/N 4A4030-2 or P/N 
4A4030-4: Goodrich Service Bulletin 4A4030-25A379, dated August 10, 
2009.
    (2) For any forward door escape slide having P/N 104003-1: 
Goodrich Service Bulletin 104003-25A380, Revision 2, dated July 7, 
2009.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (h) Actions accomplished before the effective date of this AD in 
accordance with Goodrich Service Bulletin 104003-25A380, Revision 1, 
dated April 15, 2009, are considered acceptable for compliance with 
the corresponding action specified in this AD.

Parts Installation

    (i) After 6 months from the effective date of this AD, no 
airplane may operate with the forward door escape slide having P/N 
4A4030-2 or P/N 4A4030-4 (for Model ERJ 170 airplanes), or P/N 
104003-1 (for Model

[[Page 2281]]

ERJ 190 airplanes), on which 18 months or more has elapsed from the 
slide date of manufacture (for slides that have not been repacked) 
or the date of last slide repack (for slides that have been 
repacked).

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:

    No differences.

Other FAA AD Provisions

    (j) 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 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.
    (3) Reporting Requirements: A Federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave., 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

Related Information

    (k) Refer to MCAI Brazilian Airworthiness Directive 2009-11-01, 
dated November 30, 2009; MCAI Brazilian Airworthiness Directive 
2009-08-02, dated August 18, 2009; Goodrich Service Bulletin 4A4030-
25A379, dated August 10, 2009; and Goodrich Service Bulletin 104003-
25A380, Revision 2, dated July 7, 2009; for related information.

    Issued in Renton, Washington, on January 6, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-584 Filed 1-12-11; 8:45 am]
BILLING CODE 4910-13-P


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