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[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Rules and Regulations]
[Pages 20503-20506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8411]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1161; Directorate Identifier 2010-NM-152-AD; 
Amendment 39-16658; AD 2011-08-08]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 and ERJ 190 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 product. The MCAI describes the unsafe condition as:

    It has been found occurrence of screw units manufactured with 
metallographic non-conformity that may increase their susceptibility 
to brittle fracture. The screw failure may result in loss of the 
related balance washer causing a possible ram air turbine (RAT) 
imbalance event, which may result in RAT structural failure, which 
associated with an electrical emergency situation, could result in 
loss of power to airplane flight controls hydraulic back-up system.
* * * * *
Loss of power to the hydraulic back-up system for airplane flight 
controls could reduce the ability of the flightcrew to maintain the 
safe flight and landing of the airplane. We are issuing this AD to 
require actions to correct the unsafe condition on these products.

[[Page 20504]]

DATES: This AD becomes effective May 18, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 18, 2011.

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) 227-1149.

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 December 1, 2010 (75 
FR 74670). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found occurrence of screw units manufactured with 
metallographic non-conformity that may increase their susceptibility 
to brittle fracture. The screw failure may result in loss of the 
related balance washer causing a possible ram air turbine (RAT) 
imbalance event, which may result in RAT structural failure, which 
associated with an electrical emergency situation, could result in 
loss of power to airplane flight controls hydraulic back-up system.
* * * * *
Loss of power to the hydraulic back-up system for airplane flight 
controls could reduce the ability of the flightcrew to maintain the 
safe flight and landing of the airplane. Required actions include doing 
a general visual inspection to determine the model, part number, and 
serial number of the RAT, and to determine if a certain symbol is 
marked on affected RATs. Corrective actions include replacing the RAT 
balance screw and marking the RAT identification plate. 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 comment received.

Request To Include Service Bulletin for Model ERJ 190-100 ECJ Airplanes

    EMBRAER requested that we add EMBRAER Service Bulletin 190LIN-24-
0006, dated July 27, 2010, to the NPRM, because it applies to Model ERJ 
190-100 ECJ airplanes which are included in the NPRM applicability. The 
commenter requested that we change paragraphs (g), (h), (i), and (k) of 
the NPRM accordingly.
    We agree that EMBRAER Service Bulletin 190LIN-24-0006, dated July 
27, 2010, is acceptable for accomplishing the required actions of the 
AD for Model ERJ 190-100 ECJ airplanes. We have added a new paragraph 
(i) to this AD (and renumbered subsequent paragraphs accordingly) to 
refer to that service bulletin as an optional method of compliance for 
the requirements of this AD for those airplanes. This addition has been 
coordinated with the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC), the aviation authority for Brazil.

Clarification of Terminology

    Paragraph (g)(2)(ii) of the NPRM specified to ``replace the RAT 
balance screw with a new balance screw,'' while some RATs in fact have 
more than one balance screw. We have clarified that instruction by 
stating ``replace the RAT balance screw(s) with a new balance 
screw(s),'' in this final rule.

Conclusion

    We reviewed the available data, including the comment 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.

Costs of Compliance

    We estimate that this AD will affect about 241 products of U.S. 
registry. We also estimate that it will take about 9 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 $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 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 $184,365, or $765 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.

[[Page 20505]]

    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

    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:

2011-08-08 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16658. Docket No. FAA-2010-1161; Directorate Identifier 
2010-NM-152-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 18, 
2011.

Affected ADs

    (b) None.

Applicability

    (c) 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; and 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 24: 
Electrical power.

Reason

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

    It has been found occurrence of screw units manufactured with 
metallographic non-conformity that may increase their susceptibility 
to brittle fracture. The screw failure may result in loss of the 
related balance washer causing a possible ram air turbine (RAT) 
imbalance event, which may result in RAT structural failure, which 
associated with an electrical emergency situation, could result in 
loss of power to airplane flight controls hydraulic back-up system.
* * * * *
Loss of power to the hydraulic back-up system for airplane flight 
controls could reduce the ability of the flightcrew to maintain the 
safe flight and landing of the airplane.

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 1,200 flight hours or 6 months after the effective 
date of this AD, whichever occurs first: Do a general visual 
inspection (GVI) to determine the RAT model, part number, and serial 
number, in accordance with Part 1 of the Accomplishment Instructions 
of EMBRAER Service Bulletin 170-24-0048, Revision 01, dated May 12, 
2010; or EMBRAER Service Bulletin 190-24-0019, Revision 01, dated 
May 11, 2010; as applicable. A review of airplane maintenance 
records is acceptable in lieu of this inspection if the model, part 
number, and serial number of the RAT can be conclusively determined 
from that review.

    Note 1: For the purpose of this AD, a GVI is: ``A visual 
examination of an interior or exterior area, installation or 
assembly to detect obvious damage, failure or irregularity. This 
level of inspection is made from within touching distance, unless 
otherwise specified. A mirror may be necessary to enhance visual 
access to all exposed surfaces in the inspection area. This level of 
inspection is made under normally available lighting conditions such 
as daylight, hangar lighting, flashlight or drop-light, and may 
require removal or opening of access panels or doors. Stands, 
ladders or platforms may be required to gain proximity to the area 
being checked.''

    (1) For any RAT not having a serial number identified in EMBRAER 
Service Bulletin 170-24-0048, Revision 01, dated May 12, 2010; or 
EMBRAER Service Bulletin 190-24-0019, Revision 01, dated May 11, 
2010: No further action is required by this paragraph.
    (2) For any RAT having a serial number identified in EMBRAER 
Service Bulletin 170-24-0048, Revision 01, dated May 12, 2010; or 
EMBRAER Service Bulletin 190-24-0019, Revision 01, dated May 11, 
2010: Within 1,200 flight hours or 6 months after the effective date 
of this AD, whichever occurs first, inspect to determine if the 
symbol ``24-5'' is marked on the RAT identification plate. A review 
of airplane maintenance records is acceptable in lieu of this 
inspection if the RAT identification plate can be conclusively 
determined to be marked with ``24-5'' from that review.
    (i) If the symbol ``24-5'' is marked on the RAT identification 
plate: No further action is required by this paragraph.
    (ii) If the symbol ``24-5'' is not marked on the RAT 
identification plate: Within 1,200 flight hours or 6 months after 
the effective date of this AD, whichever occurs first, replace the 
RAT balance screw(s) with a new balance screw(s), and mark the RAT 
identification plate with the symbol ``24-5,'' in accordance with 
Part 2 of the Accomplishment Instructions of EMBRAER Service 
Bulletin 170-24-0048, Revision 01, dated May 12, 2010; or EMBRAER 
Service Bulletin 190-24-0019, Revision 01, dated May 11, 2010; as 
applicable.
    (h) As of the effective date of this AD, no person may install a 
RAT identified in Part 1 of the Accomplishment Instructions of 
EMBRAER Service Bulletin 170-24-0048, Revision 01, dated May 12, 
2010; or EMBRAER Service Bulletin 190-24-0019, Revision 01, dated 
May 11, 2010; as applicable; on any airplane, unless that RAT is 
identified with the symbol ``24-5'' on the identification plate.

Acceptable Method of Compliance for Model ERJ 190-100 ECJ Airplanes

    (i) Actions accomplished in accordance with EMBRAER Service 
Bulletin 190LIN-24-0006, dated July 27, 2010, for Model ERJ 190-100 
ECJ airplanes, are considered acceptable for compliance with the 
corresponding actions specified in this AD.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (j) Actions accomplished before the effective date of this AD in 
accordance with EMBRAER Service Bulletins 170-24-0048 or 190-24-
0019, both dated March 31, 2010, as applicable, are considered 
acceptable for compliance with the corresponding actions specified 
in this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) The Brazilian ADs apply to ``airplanes equipped with 
Hamilton Sundstrand ram air turbine (RAT), Model ERPS37T, Part 
Number (P/N) 1703781 Series; with the serial numbers (S/N) contained 
in Embraer Service Bulletin[s 170-24-0048 or 190-24-0019],'' and 
their first action is an inspection to determine if affected 
equipment is installed. This AD applies to all of the airplanes, 
with the first action in the AD being an inspection to determine if 
affected equipment is installed, because the affected part could be 
rotated onto any of the airplanes listed in the applicability of 
this AD.
    (2) Although the MCAI states not to install the part identified 
in paragraph (h) of this AD after accomplishing the actions 
specified in paragraph (g)(2) of this AD, this AD prohibits 
installation of the part as of the effective date of this AD.

Other FAA AD Provisions

    (k) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International

[[Page 20506]]

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: [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.

Related Information

    (l) Refer to MCAI Brazilian Airworthiness Directives 2010-06-04 
and 2010-06-05, both dated July 26, 2010, and the service 
information identified in table 1 of this AD, for related 
information.

                  Table 1--Related Service Information
------------------------------------------------------------------------
    EMBRAER Service Bulletin          Revision              Date
------------------------------------------------------------------------
170[dash]24[dash]0048..........  01...............  May 12, 2010.
190-24-0019....................  01...............  May 11, 2010.
190LIN-24-0006.................  Original.........  July 27, 2010.
------------------------------------------------------------------------

Material Incorporated by Reference

    (m) You must use the applicable service information contained in 
Table 2 of this AD 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.

               Table 2--Material Incorporated by Reference
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    EMBRAER Service Bulletin          Revision              Date
------------------------------------------------------------------------
170-24-0048....................  01...............  May 12, 2010.
190-24-0019....................  01...............  May 11, 2010.
190LIN-24-0006.................  Original.........  July 27, 2010.
------------------------------------------------------------------------

    Issued in Renton, Washington, on March 24, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-8411 Filed 4-12-11; 8:45 am]
BILLING CODE 4910-13-P
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