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[Federal Register: August 25, 2010 (Volume 75, Number 164)]
[Rules and Regulations]               
[Page 52238-52240]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au10-5]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0799; Directorate Identifier 2010-NM-157-AD; 
Amendment 39-16414; AD 2010-18-01]
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; request for comments.

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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 the possibility of right hand (RH) engine 
compressor stall after the Auxiliary Power Unit (APU) becomes the 
active bleed source for the left side.
    The most critical condition identified is:

--Both engines close to idle (e.g.: descent phase); and
--APU running; and
--APU bleed button pushed in.

    In this condition, if the left hand (LH) engine fails, the APU 
bleed valve and the crossbleed valve may be both in the open 
position for a few seconds, [which] may lead to a backpressure in RH 
engine depending on APU bleed pressure. Such backpressure may cause 
an RH engine compressor stall, culminating in a dual engine failure.
* * * * *

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective September 9, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in the AD as of September 9, 
2010.
    We must receive comments on this AD by October 12, 2010.

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.

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 Directives 2010-07-02 and 2010-07-03, both effective July 
31, 2010 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    It has been found the possibility of right hand (RH) engine 
compressor stall after the Auxiliary Power Unit (APU) becomes the 
active bleed source for the left side.
    The most critical condition identified is:

--Both engines close to idle (e.g.: descent phase); and
--APU running; and
--APU bleed button pushed in.

    In this condition, if the left hand (LH) engine fails, the APU 
bleed valve and the crossbleed valve may be both in the open 
position for a few seconds, [which] may lead to a backpressure in RH 
engine depending on APU bleed pressure. Such backpressure may cause 
an RH engine compressor stall, culminating in a dual engine failure.
* * * * *

The corrective action includes revising the Limitations sections of the 
applicable airplane flight manual to inform operators about the 
possibility of having an engine stall after the APU becomes the active 
bleed source for the left side and to specify the condition where APU 
bleed must not be used. You may obtain further information by examining 
the MCAI in the AD docket.

Interim Action

    We consider this AD interim action. If final action is later 
identified, we might consider further rulemaking then.

Relevant Service Information

    EMBRAER has issued Operational Bulletin 170-001/09, Revision 1, 
dated February 10, 2010, applicable to both Model ERJ 170 and 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 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

[[Page 52239]]

develop on other products of the same type design.

Differences Between the 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 FAA policies. Any such differences are 
highlighted in a Note within the AD.

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, if 
the LH engine fails, backpressure in the RH engine, depending on APU 
bleed pressure, can cause a RH engine compressor stall, culminating in 
a dual engine failure. 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-2010-0799; Directorate 
Identifier 2010-NM-157-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 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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:

2010-18-01 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16414. Docket No. FAA-2010-0799; Directorate Identifier 
2010-NM-157-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 9, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU 
airplanes; Model ERJ 170-200 LR, -200 SU, and -200 STD airplanes; 
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, all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 49: Airborne 
auxiliary power.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    It has been found the possibility of right hand (RH) engine 
compressor stall after the Auxiliary Power Unit (APU) becomes the 
active bleed source for the left side.
    The most critical condition identified is:

--Both engines close to idle (e.g.: descent phase); and
--APU running; and
--APU bleed button pushed in.

    In this condition, if the left hand (LH) engine fails, the APU 
bleed valve and the crossbleed valve may be both in the open 
position for a few seconds, [which] may lead to a backpressure in RH 
engine depending on APU bleed pressure. Such backpressure may cause 
an RH engine compressor stall, culminating in a dual engine failure.
* * * * *

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 14 days after the effective date of this AD, revise 
the Limitations section of the applicable airplane flight manual 
(AFM) to include the information in EMBRAER Operational Bulletin 
170-001/09, Revision 1, dated February 10, 2010, as specified in the 
operational bulletin. This operational bulletin introduces 
limitations for the use of APU bleed.

    Note 1: This may be done by inserting a copy of EMBRAER 
Operational Bulletin 170-001/09, Revision 1, dated February 10, 
2010, into the AFM. When this operational bulletin has been included 
in general revisions of the AFM, the general revisions may be 
inserted

[[Page 52240]]

in the AFM, provided the relevant information in the general 
revision is identical to that in the operational bulletin, and the 
operational bulletin can be removed.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (h) 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.

Related Information

    (i) Refer to MCAI Brazilian Airworthiness Directives 2010-07-02 
and 2010-07-03, both effective July 31, 2010; and EMBRAER 
Operational Bulletin 170-001/09, Revision 1, dated February 10, 
2010; for related information.

Material Incorporated by Reference

    (j) You must use EMBRAER Operational Bulletin 170-001/09, 
Revision 1, dated February 10, 2010, 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 13, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-20841 Filed 8-24-10; 8:45 am]
BILLING CODE 4910-13-P
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