Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Proposed Rules 2279 

Docket Number: 72–1030. 

Certificate Expiration Date: January 

10, 2027. 

Model Number: NUHOMS® HD– 

32PTH. 

* * * * * 

Dated at Rockville, Maryland this 13th day 

of December 2010. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. 2011–644 Filed 1–12–11; 8:45 am] 

BILLING CODE 7590–01–P 

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). 

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: 

• 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; e-mail 

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: 

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 Ageˆncia Nacional de Aviac ̧a ̃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 


srobinson on DSKHWCL6B1PROD with PROPOSALS
2280 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Proposed Rules 

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. 

§ 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–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 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Proposed Rules 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1308; Directorate 

Identifier 2009–NM–069–AD] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

SYSTEMS (OPERATIONS) LIMITED 

Model BAe 146 Airplanes, and Model 

Avro 146–RJ 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 that would 

supersede an existing AD. 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: 

During the period 2001/2002, skin cracking 

was found adjacent to the butt joint forward 

of frame 19 * * *. The cracks emanated from 

chemically-etched pockets on the internal 

surface of the skin. * * * [C]racking in 

multiple adjacent bays * * * could 

compromise the structural integrity of the 

fuselage in the event that the multiple cracks 

joined into a single crack. * * * 

During 2008, a further report was received 

at BAE Systems of a 13.78 inch crack in an 

AVRO 146–RJ that occurred 514 flight cycles 

(FC) short of the next 4 000–FC repetitive 

inspection interval. * * * 

* * * * ** * 

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: 

• 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 BAE 

SYSTEMS (OPERATIONS) LIMITED, 

Customer Information Department, 

Prestwick International Airport, 

Ayrshire, KA9 2RW, Scotland, United 

Kingdom; telephone +44 1292 675207; 

fax +44 1292 675704; e-mail 

RApublications@baesystems.com; 

Internet http://www.baesystems.com/ 

Businesses/RegionalAircraft/index.htm. 

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: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1175; 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–2010–1308; Directorate Identifier 

2009–NM–069–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 


srobinson on DSKHWCL6B1PROD with PROPOSALS