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[Federal Register Volume 77, Number 54 (Tuesday, March 20, 2012)]
[Rules and Regulations]
[Pages 16155-16157]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6447]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0191; Directorate Identifier 2012-NM-035-AD; 
Amendment 39-16980; AD 2012-05-08]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 
airplanes. This AD requires repetitive inspections for fuel leakage and 
cracks on the wing spar II, close to the rib 10 area, and repair if 
necessary. This AD was prompted by reports of fuel seepage at the left-
hand wing, close to the rib 10 area in two airplanes. We are issuing 
this AD to detect and correct cracking on the wing spar II, which could 
result in a fuel leak, consequent reduced structural integrity of the 
airplane, and possible fire.

DATES: This AD becomes effective April 4, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 4, 
2012.
    We must receive comments on this AD by May 4, 2012.

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 W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 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: 

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2012-02-01, dated February 22, 2012 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found cases of fuel seepage at the Left Hand (LH) 
wing and close to the Rib 10 area in two different airplanes. 
Further investigation revealed that the seepage was caused by a 
crack at the LH wing spar II close to the Rib 10. The ANAC is 
issuing this AD to detect and correct cracking in the wing spar II, 
which could result in a fuel leak and reduced structural integrity 
of the airplane.
* * * * *
    This AD requires repetitive general visual inspections for fuel 
leakage on the wing spar II, close to the rib 10 area; repetitive 
detailed inspections for cracks on the wing spar II, spar cap third, 
and main box lower skins of the wings, close to the rib 10 area; an 
eddy current inspection for cracks on the wing spar II if necessary; 
and repair if necessary. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    EMBRAER has issued Alert Service Bulletin 170-57-A053, dated 
February 13, 2012. 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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Interim Action

    This AD is considered interim action to address the unsafe 
condition. If final action is later identified, we might consider 
further rulemaking then.

Differences Between the AD and the MCAI or Service Information

    The MCAI requires actions only for airplanes that have exceeded 
12,000 total flight cycles, but the requirements of this (FAA) AD apply 
to all Model 170 airplanes.

[[Page 16156]]

    For airplanes with fuel leakage but no crack, this AD, in paragraph 
(j)(2), requires repeating the general visual and detailed inspections. 
The MCAI does not require that this inspection be repeated under those 
conditions.
    We have coordinated these differences with ANAC.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because of 
fuel leaks caused by spar cracks, which could result in reduced 
structural integrity of the wing, and possible fire. Therefore, we 
determined that notice and opportunity for public comment before 
issuing this AD are impracticable and that good cause exists for making 
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2012-0191; Directorate 
Identifier 2012-NM-035-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
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 AD.

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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

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:

2012-05-08 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16980. Docket No. FAA-2012-0191; Directorate Identifier 
2012-NM-035-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 4, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    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; certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 57: Wings.

(e) Reason

    This AD was prompted by reports of fuel seepage at the left-hand 
wing, close to the rib 10 area in two airplanes. We are issuing this 
AD to detect and correct cracking on the wing spar II, which could 
result in a fuel leak, consequent reduced structural integrity of 
the airplane, and possible fire.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) General Visual Inspection for Fuel Leakage

    At the applicable time specified in paragraph (g)(1), (g)(2), or 
(g)(3) of this AD: Do a general visual inspection for fuel leakage 
on the wings, close to the rib 10 area, while both tanks are fully 
fueled, in accordance with Part I of the Accomplishment Instructions 
of EMBRAER Alert Service Bulletin 170-57-A053, dated February 13, 
2012.

    Note 1 to paragraph (g) of this AD: Guidance on performing the 
inspection for fuel leakage can be found in Task 28-11-00-790-801-A, 
Wing Tank--Fueled Tank Leakage Check, of the EMBRAER 170/175 
Aircraft Maintenance Manual.

    (1) For airplanes that have accumulated 11,999 or fewer total 
flight cycles as of the effective date of this AD: Inspect before 
the accumulation of 12,000 total flight cycles, or within 150 flight 
cycles after the effective date of this AD, whichever occurs later.
    (2) For airplanes that have accumulated more than 11,999 total 
flight cycles but fewer than 13,926 total flight cycles as of the 
effective date of this AD: Inspect within 150 flight cycles after 
the effective date of this AD.
    (3) For airplanes that have accumulated more than 13,925 total 
flight cycles as of the effective date of this AD: Inspect before 
the accumulation of 14,075 total flight cycles, or within 75 flight 
cycles after the effective date of this AD, whichever occurs later.

(h) Detailed Inspection for Cracks (Leakage Found)

    If any sign of fuel leakage is found during any inspection 
required by paragraph (g) of this AD, before further flight, do a 
detailed inspection for cracks on spar II, spar cap third, and main 
box lower skin of the wings, close to the rib 10, in accordance with 
Part II or Part III, as applicable, of the Accomplishment 
Instructions of EMBRAER Alert Service Bulletin 170-57-A053, dated 
February 13, 2012. Repeat the inspection thereafter at intervals not 
to exceed 50 flight

[[Page 16157]]

cycles until accomplishment of the requirements of paragraph (j) of 
this AD.

(i) Detailed Inspection for Cracks (No Leakage Found)

    If no sign of fuel leakage is found during the most recent 
inspection required by paragraph (g) of this AD, within 450 flight 
cycles after accomplishing the inspection, repeat the general visual 
inspection required by paragraph (g) of this AD and do a detailed 
inspection for cracks on spar II, spar cap third, and main box lower 
skin of the wings, close to the rib 10, in accordance with Part II 
and Part III of the Accomplishment Instructions of EMBRAER Alert 
Service Bulletin 170-57-A053, dated February 13, 2012. Repeat both 
inspections thereafter at intervals not to exceed 450 flight cycles.

(j) Special Detailed Inspection (Leakage Found)

    If any fuel leakage is found during any inspection required by 
paragraph (g) or (i) of this AD: Within 150 flight cycles after the 
most recent inspection, do an eddy current special detailed 
inspection for cracks on spar II of the wings, and a defueled tank 
leak check for fuel leakage, in accordance with Part IV and Part V, 
as applicable, of the Accomplishment Instructions of EMBRAER Alert 
Service Bulletin 170-57-A053, dated February 13, 2012.
    (1) If any crack is found: Do the actions specified in paragraph 
(k) of this AD.
    (2) If no crack is found: Repeat the general visual inspection 
specified in paragraph (g) of this AD and the detailed inspection 
specified in paragraph (i) of this AD at intervals not to exceed 450 
flight cycles.

(k) Repair

    If any cracking or fuel leakage is found during any inspection 
or check required by this AD: Before further flight, repair using a 
method approved by either the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil (ANAC) (or its delegated 
agent). Repair of any crack terminates the repetitive inspection 
requirements required by this AD for that side of the wing.

    Note 2 to paragraph (k) of this AD: Guidance on the 
classification of ``fuel leakage'' and the disposition of fuel leaks 
can be found in Task 28-11-00-790-801-A, Wing Tank--Fueled Tank 
Leakage Check, of the EMBRAER 170/175 Aircraft Maintenance Manual.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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, ANM-116, 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 
emailed 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.

(m) Special Flight Permits

    Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are not allowed.

(n) Related Information

    Refer to MCAI Brazilian Airworthiness Directive 2012-02-01, 
dated February 22, 2012; and EMBRAER Alert Service Bulletin 170-57-
A053, dated February 13, 2012; for related information.

(o) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51:
    (i) Embraer Alert Service Bulletin 170-57-A053, dated February 
13, 2012.
    (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; email 
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 an NARA facility, 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 March 7, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-6447 Filed 3-19-12; 8:45 am]
BILLING CODE 4910-13-P
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