21088 Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27616; Directorate 

Identifier 2007–NM–052–AD; Amendment 

39–15035; AD 2007–06–53] 

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. 

SUMMARY: This document publishes in 

the Federal Register an amendment 

adopting airworthiness directive (AD) 

2007–06–53 that was sent previously to 

all known U.S. owners and operators of 

EMBRAER Model ERJ 170 and ERJ 190 

airplanes by individual notices. This AD 

requires repetitively verifying the 

correct closure of the forward and aft 

cargo doors, inspecting the forward and 

aft cargo doors for interference between 

the lock handle and the aft edge liner 

assembly, repetitively inspecting the 

lateral roller fittings on the forward and 

aft cargo door frames for damage, and 

doing corrective actions if needed. This 

AD also requires reporting any signs of 

interference or damage to the 

manufacturer. This AD results from a 

report indicating that the aft cargo door 

opened in flight just after departure, and 

from a report indicating that an airplane 

was dispatched with an unsecured 

forward cargo door. We are issuing this 

AD to prevent a cargo door from 

opening during flight, which could lead 

to structural failure or loss of control. 

DATES: This AD becomes effective May 

7, 2007 to all persons except those 

persons to whom it was made 

immediately effective by emergency AD 

2007–06–53, issued March 19, 2007, 

which contained the requirements of 

this amendment. 

The incorporation by reference of 

certain publications listed in the AD is 

approved by the Director of the Federal 

Register as of May 7, 2007. 

We must receive comments on this 

AD by June 29, 2007. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this AD, contact Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), P.O. Box 

343—CEP 12.225, Sao Jose dos 

Campos—SP, Brazil. 

FOR FURTHER INFORMATION CONTACT: Tom 

Groves, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–1503; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: On March 

19, 2007, we issued emergency AD 

2007–06–53, which applies to all 

EMBRAER Model ERJ 170 and ERJ 190 

airplanes. 

Background 

The FAA received a report that the aft 

cargo door of a Model ERJ 190 airplane 

opened in flight just after takeoff. The 

airplane returned to the departure 

airport and landed without incident. We 

advised the Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC), which is the 

airworthiness authority for Brazil, of the 

report and worked closely with the 

ANAC to assess the safety implications 

of the report. The assessment of the 

event indicated that the door was not 

fully closed when the airplane took off. 

Inspection of the airplane revealed that 

the door frame lateral roller fitting was 

cracked and the roller fitting cover plate 

was distorted. The roller fitting cover 

plate distortion caused a malfunction in 

the door position indication system. A 

similar situation was found on the 

forward cargo door on a Model ERJ 170 

airplane. In that instance, the problem 

was discovered by ground personnel, 

and the door was secured prior to 

takeoff. The cargo door design is the 

same for the Model ERJ 190 and ERJ 170 

airplanes. Therefore, an unsafe 

condition may exist on all EMBRAER 

Model ERJ 170 and ERJ 190 airplanes. 

We are issuing this AD to prevent a 

cargo door from opening during flight, 

which could lead to structural failure or 

loss of control. 

Relevant Service Information 

EMBRAER has issued Alert Service 

Bulletins 170–52–A036 (for Model ERJ 

170 airplanes) and 190–52–A018 (for 

Model ERJ 190 airplanes), both dated 

March 12, 2007. The alert service 

bulletins describe the following 

procedures: 

• Removal of the roller fitting cover 

plate; 

• A one-time visual inspection of the 

forward and aft cargo doors to detect 

signs of interference between the lock 

handle and the aft edge liner assembly; 

• Rework of the aft edge liner 

assembly, which must be done 

immediately if there are signs of 

interference, and may be deferred for a 

specified time if there are no signs of 

interference; 

• A one-time visual inspection of the 

forward and aft cargo doors to detect 

signs of damage of the lateral roller 

fitting; and 

• Immediate replacement of any 

damaged fitting with one having the 

same part number. 

The ANAC mandated the actions in 

the alert service bulletins and issued 

Brazilian airworthiness directives 2007–

03–01 and 2007–03–02, both effective 

March 16, 2007, to ensure the continued 

airworthiness of these airplanes in 

Brazil. 

The alert service bulletins refer to 

EMBRAER Service Bulletins 170–50–

0006 and 190–50–0006 as additional 

sources of service information for 

removing the roller fitting cover plate 

and reworking the aft edge liner 

assembly. These service bulletins are 

currently at Revision 01, dated March 

13, 2007. 

FAA’s Determination and Requirements 

of This AD 

These airplane models are 

manufactured in Brazil and are type 

certificated for operation in the United 

States under the provisions of section 

21.29 of the Federal Aviation 

Regulations (14 CFR 21.29) and the 

applicable bilateral airworthiness 

agreement. Pursuant to this bilateral 

airworthiness agreement, the ANAC has 

kept the FAA informed of the situation 

described above. We have examined the 

ANAC’s findings, evaluated all 

pertinent information, and determined 

that we need to issue an AD for 

products of this type design that are 

certificated for operation in the United 

States. 

Since the unsafe condition described 

is likely to exist or develop on other 

airplanes of the same type design, we 

issued emergency AD 2007–06–53 to 

prevent a cargo door from opening 


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Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations 21089 

during flight; the door could detach 

from and strike the airplane and result 

in structural damage and possible loss 

of control of the airplane. The AD 

requires accomplishing the actions 

specified in the service information 

previously described. This AD also 

requires repetitively verifying, before 

each flight, the correct closure of the 

forward and aft cargo doors, and 

reporting positive inspection results to 

EMBRAER. 

We found that immediate corrective 

action was required; therefore, notice 

and opportunity for prior public 

comment thereon were impracticable 

and contrary to the public interest, and 

good cause existed to make the AD 

effective immediately by individual 

notices issued on March 19, 2007, to all 

known U.S. owners and operators of 

EMBRAER Model ERJ 170 and ERJ 190 

airplanes. These conditions still exist, 

and the AD is hereby published in the 

Federal Register as an amendment to 

section 39.13 of the Federal Aviation 

Regulations (14 CFR 39.13) to make it 

effective to all persons. 

Clarification of Qualifications for 

Performing Preflight Verifications 

This AD permits the preflight 

verifications to be done by mechanics 

and flightcrew members. We have 

determined that this provision will 

accommodate operators’ maintenance 

scheduling demands and yet ensure an 

acceptable level of safety. 

Explanation of Reporting Requirement 

This AD also requires that operators 

report the results of positive inspection 

findings to EMBRAER. The required 

inspection reports will help determine 

the extent in the fleet of potentially 

contributing conditions. Based on the 

results of these reports, we might 

determine that further corrective action 

is warranted. 

Interim Action 

We consider this AD interim action. 

The manufacturer is currently 

developing a modification to the door 

position sensing system that will further 

address the unsafe condition identified 

in this AD. Once this modification is 

developed, approved, and available, we 

might consider additional rulemaking. 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

relevant written data, views, or 

arguments regarding this AD. Send your 

comments to an address listed in the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2007–27616; Directorate Docket 

No. 2007–NM–052–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the AD that might suggest a need to 

modify it. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this AD. Using the 

search function of that Web site, anyone 

can find and read the comments in any 

of our dockets, including the name of 

the individual who sent the comment 

(or signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78), or you may visit 

http://dms.dot.gov. 

Examining the Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the Docket 

Management System receives them. 

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 have 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. 

The FAA has determined that this 

regulation is an emergency regulation 

that must be issued immediately to 

correct an unsafe condition in aircraft, 

and that it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866. It has been determined 

further that this action involves an 

emergency regulation under DOT 

Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979). If this 

emergency regulation is later deemed 

significant under DOT Regulatory 

Policies and Procedures, we will 

prepare a final regulatory evaluation 

and place it in the AD Docket. See the 

ADDRESSES section for a location to 

examine the regulatory evaluation, if 

filed. 

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 airworthiness 

directive (AD): 

2007–06–53 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–15035. Docket No. 

FAA–2007–27616; Directorate Identifier 

2007–NM–052–AD. 

Effective Date 

(a) This AD becomes effective May 7, 2007, 

to all persons except those persons to whom 

it was made immediately effective by 

emergency AD 2007–06–53, issued on March 

19, 2007, which contained the requirements 

of this amendment. 

Affected ADs 

(b) None. 


pwalker on PROD1PC71 with RULES
21090 Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations 

Applicability 

(c) This AD applies to all EMBRAER Model 

ERJ 170–100 LR, –100 STD, –100 SE, –100 

SU, –200 LR, –200 STD, and –200 SU 

airplanes; and ERJ 190–100 STD, –100 LR, 

and –100 IGW airplanes; certificated in any 

category. 

Unsafe Condition 

(d) This AD results from a report indicating 

that the aft cargo door of a Model ERJ 190 

airplane opened in flight just after departure, 

and from a report indicating that a Model ERJ 

170 airplane dispatched with an unsecured 

forward cargo door. The Federal Aviation 

Administration is issuing this AD to prevent 

a cargo door from opening during flight, 

which could lead to structural failure or loss 

of control. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Preflight Verifications of Correct Door 

Closure 

(f) As of 24 hours after the effective date 

of this AD: Before each flight after closing the 

cargo doors, verify that the forward and aft 

cargo doors are closed flush with the fuselage 

skin, and that all 4 latched and locked 

indicators at the bottom of each door are 

green. Persons qualified to do this 

verification are mechanics and flightcrew 

members. If it cannot be verified that both 

doors are closed flush with the fuselage skin, 

and that all 4 latched and locked indicators 

at the bottom of each door are green, repair 

before further flight. Repeat the verification 

before every flight until accomplishment of 

the actions required by paragraph (g) of this 

AD. 

Inspection for Interference and Damage 

(g) Within 10 days after the effective date 

of this AD, do the actions specified in 

paragraphs (g)(1), (g)(2), and (g)(3) of this AD, 

in accordance with the Accomplishment 

Instructions of EMBRAER Alert Service 

Bulletin 170–52–A036 (for Model ERJ 170 

airplanes) or 190–52–A018 (for Model ERJ 

190 airplanes), both dated March 12, 2007, as 

applicable. 

(1) Remove the roller fitting cover plate on 

the forward and aft cargo door frames. 

(2) Perform a detailed inspection of the 

forward and aft cargo doors to detect signs of 

interference between the lock handle and the 

aft edge liner assembly. Then rework the aft 

edge liner assembly at the applicable time 

specified in paragraph (g)(2)(i) or (g)(2)(ii) of 

this AD. 

(i) If any sign of interference is detected: 

Rework the assembly before further flight. 

(ii) If no sign of interference is detected: 

Rework the assembly within 150 flight cycles 

after the inspection. 

(3) Perform a detailed inspection for signs 

of damage of the lateral roller fitting on the 

forward and aft cargo door frames at the 

fuselage. If any damage is found, replace the 

lateral roller fitting before further flight with 

a new roller fitting having the same part 

number, in accordance with the applicable 

service bulletin. 

Note 1: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’

Note 2: EMBRAER Alert Service Bulletins 

170–52–A036 and 190–52–A018 refer to 

EMBRAER Service Bulletins 170–50–0006 

and 190–50–0006, respectively, as additional 

sources of service information for the rework 

and roller fitting cover plate removal. Service 

Bulletins 170–50–0006 and 190–50–0006 are 

currently at Revision 01, dated March 13, 

2007. 

Repetitive Inspection for Damage 

(h) Repeat the inspection specified in 

paragraph (g)(3) of this AD at intervals not to 

exceed 150 flight cycles. 

Report 

(i) At the applicable time specified in 

paragraph (i)(1) or (i)(2) of this AD: Send 

EMBRAER a report of any signs of 

interference or damage found during each 

inspection required by paragraphs (g)(2), 

(g)(3), and (h) of this AD. The report must 

include the inspection results, a description 

of any discrepancies found, the airplane 

serial number, and the number of landings 

and flight hours on the airplane. Send the 

report to EMBRAER, EFTC, AOG Structure 

Team; structure@embraer.com.br; fax +55 12 

3927 6600, extension 0484. 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 contained in this AD and has 

assigned OMB Control Number 2120–0056. 

(1) For any inspection done after the 

effective date of this AD: Within 10 days after 

the inspection. 

(2) For any inspection done before the 

effective date of this AD: Within 10 days after 

the effective date of this AD. 

Parts Installation 

(j) As of the effective date of this AD: No 

person may install a roller fitting cover plate 

on the forward and aft cargo door frames on 

any airplane. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

Related Information 

(l) Brazilian airworthiness directives 2007–

03–01 and 2007–03–02, both effective March 

16, 2007, also address the subject of this AD. 

Material Incorporated by Reference 

(m) You must use EMBRAER Alert Service 

Bulletin 170–52–A036, dated March 12, 

2007; or EMBRAER Alert Service Bulletin 

190–52–A018, dated March 12, 2007; as 

applicable, to perform the actions that are 

required by this AD, unless the AD specifies 

otherwise. The Director of the Federal 

Register approves the incorporation by 

reference of these documents in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. To 

get copies of the service information, contact 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER), P.O. Box 343—CEP 12.225, Sao 

Jose dos Campos—SP, Brazil. You may 

review copies at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington; or 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/ 

cfr/ibr-locations.html. 

Issued in Renton, Washington, on April 17, 

2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–7841 Filed 4–27–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–25581 Directorate 

Identifier 2006–CE–041–AD; Amendment 

39–15039; AD 2007–09–07] 

RIN 2120–AA64 

Airworthiness Directives; EADS 

SOCATA Model TBM 700 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) 

issued 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: 

* * * a Nose Landing Gear (NLG) hinge 

pin rupture that causes an uncommanded 

NLG retraction. 

Investigations identified the unsafe 

condition resulting from an incomplete 

thermal treatment done on three hinge pin 


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