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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]
          - RIN 2120-AA64

# 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 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. 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 January 18, 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 São 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,                           ( print page 74671)                        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; telephone (425) 227-2768; 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-2010-1161; Directorate Identifier 2010-NM-152-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 Agência Nacional de Aviação Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directives 2010-06-04 and 2010-06-05, both dated July 26, 2010 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI state:

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.

## Relevant Service Information

EMBRAER has issued Service Bulletins 170-24-0048, Revision 01, dated May 12, 2010 (for Model ERJ 170 airplanes); and 190-24-0019, Revision 01, dated May 11, 2010 (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 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 241 products of U.S. registry. We also estimate that it would take about 9 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 $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 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

      ( print page 74672)    

## 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 

2. The FAA amends § 39.13 by adding the following new AD:

**Empresa Brasileira de Aeronautica S.A. (EMBRAER):**                                 Docket No. FAA-2010-1161; Directorate Identifier 2010-NM-152-AD.                            

## Comments Due Date

(a) We must receive comments by January 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 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 general visual inspection (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 with a new balance screw, 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.

## Credit for Actions Accomplished in Accordance With Previous Service Information

(i) 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.

(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

(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: 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. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards 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:*                                 For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501*et seq.*), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120-0056.                                      ( print page 74673)    

## Related Information

(k) Refer to MCAI Brazilian Airworthiness Directives 2010-06-04 and 2010-06-05, both dated July 26, 2010; EMBRAER Service Bulletin 170-24-0048, Revision 01, dated May 12, 2010; and EMBRAER Service Bulletin 190-24-0019, Revision 01, dated May 11, 2010; for related information.

Issued in Renton, Washington, on November 18, 2010.

Ali Bahrami,

Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2010-30140 Filed 11-30-10; 8:45 am]

BILLING CODE 4910-13-P