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[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Rules and Regulations]
[Pages 55781-55783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21622]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / 
Rules and Regulations

[[Page 55781]]

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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; 
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.

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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 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 post-modification 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.

[[Page 55782]]

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

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:

2011-18-04 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

[[Page 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 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 
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
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