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contains regulatory documents having general

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are keyed to and codified in the Code of

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Rules and Regulations Federal Register

55781 

Vol. 76, No. 175 

Friday, September 9, 2011 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1310; Directorate 

Identifier 2010–NM–067–AD; Amendment 

39–16786; AD 2011–18–04] 

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. 

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 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 * * *. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

October 14, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of October 14, 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: 

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: 

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 January 13, 2011 (76 FR 

2279). That NPRM proposed to correct 

an unsafe condition for the specified 

products. MCAI Brazilian Airworthiness 

Directive 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 Brazilian Airworthiness Directive 

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 

borescope 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. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request To Delay the AD 

Goodrich requested that issuance of 

this AD be delayed until further notice 

pending completion of their ongoing 

investigations into the root cause of 

additional door stall events. The 

commenter anticipates that a reduced 

overhaul cycle might be required to 

mitigate future occurrences until a 

complete and final action is developed. 

We disagree with the request to delay 

the AD. To delay this action would be 

inappropriate, in light of the identified 

unsafe condition. We might consider 

additional rulemaking action, however, 

if we receive new information 

indicating the need to change the AD. 

We have not changed the AD in this 

regard. 

Request To Expand the Applicability of 

the AD 

EMBRAER requested that postmodification part number (P/N) 

4A4030–5 for the ERJ 170, and P/N 

104003–2 for the ERJ 190, be included 

in the Applicability, Actions, and Parts 

Installation paragraphs of the NPRM 

(paragraphs (c), (g), and (i) respectively). 

The commenter made this request in 

response to reports of door stall caused 

by the forward escape slide of those part 

numbers post-modification using the 

version of the Goodrich service 

information cited in the NPRM. 

We disagree with the request to add 

the part numbers. While we are aware 

of the reports of door stall caused by the 

forward escape slides with those other 

parts that had been modified per the 

Goodrich service information cited in 

the NPRM, we understand that the root 

cause of the door stall is still under 

investigation, as mentioned by the 

previous commenter. Further, we 

choose to not delay issuance of the AD 

as mentioned previously, because the 

known unsafe condition exists on the 

part numbers specified in the NPRM. 

When that investigation is complete we 

might take further rulemaking action. 

We have not changed the AD in this 

regard. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

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55782 Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations 

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 236 products of U.S. registry. We 

also estimate that it will take about 12 

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 $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 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. 

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 

■ 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: 

2011–18–04 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–16786. Docket No. 

FAA–2010–1310; Directorate Identifier 

2010–NM–067–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 14, 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 escape 

slides 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 escape 

slides 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 borescope inspection of the 

aspirator body and inlet cross valve, in 

accordance with the Accomplishment 

Instructions of the Goodrich alert 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 Alert Service Bulletin 4A4030– 

25A379, original, dated August 10, 2009. 

(2) For any forward door escape slide 

having P/N 104003–1: Goodrich Alert 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 Alert 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 

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Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations 55783 

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. 

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: 

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. 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. 

(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 

(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 Alert Service Bulletin 

4A4030–25A379, original, dated August 10, 

2009; and Goodrich Alert Service Bulletin 

104003–25A380, Revision 2, dated July 7, 

2009; for related information. 

Material Incorporated by Reference 

(l) You must use Goodrich Alert Service 

Bulletin 4A4030–25A379, original, dated 

August 10, 2009; or Goodrich Alert Service 

Bulletin 104003–25A380, Revision 2, dated 

July 7, 2009; as applicable; 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 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. 

(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. 

Issued in Renton, Washington, on August 

12, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–21622 Filed 9–8–11; 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; Amendment 

39–16796; AD 2011–18–14] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 190 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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: 

* * * 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 [Brazilian] 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. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

October 14, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of October 14, 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; phone: 425– 

227–2768; fax: 425–227–1149; e-mail: 

cindy.ashforth@faa.gov. 

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 March 14, 2011 (76 FR 

13539). That NPRM proposed 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 is issuing this [Brazilian] 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. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request for Further Inspection 

JetBlue requested that, in addition to 

replacement of the pylon rear inboard 

and outboard internal shear pins, a 

detailed visual inspection of the pylon 

rear outboard and inboard external 

shear pins should be done to ensure that 

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