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[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Rules and Regulations]               
[Page 30284-30287]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn10-9]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0176; Directorate Identifier 2009-NM-201-AD; 
Amendment 39-16318; AD 2010-11-13]
RIN 2120-AA64

 
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 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:

    During ERJ 170 airplane full scale fatigue test, cracks were 
found in some structural components of the airplane. Analysis of 
these cracks resulted in modifications on the airplane Airworthiness 
Limitation Items (ALI), to include new inspections tasks or 
modification of existing ones and its respective thresholds and 
intervals.
    Failure to inspect these components according to the new tasks, 
thresholds and intervals, could prevent a timely detection of 
fatigue cracks. Undetected fatigue cracks in these areas could 
adversely affect the structural integrity of these airplanes.
* * * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective July 6, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 6, 2010.

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 March 4, 2010 (75 FR 
9811). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During ERJ 170 airplane full scale fatigue test, cracks were 
found in some structural components of the airplane. Analysis of 
these cracks resulted in modifications on the airplane Airworthiness 
Limitation Items (ALI), to include new inspections tasks or 
modification of existing ones and its respective thresholds and 
intervals.
    Failure to inspect these components according to the new tasks, 
thresholds and intervals, could prevent a timely detection of 
fatigue cracks. Undetected fatigue cracks in these areas could 
adversely affect the structural integrity of these airplanes.
* * * * *

The corrective action is revising the Airworthiness Limitations section 
of the Instructions for Continued Airworthiness to incorporate new 
structural inspection requirements. 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 received no comments on the NPRM or

[[Page 30285]]

on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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 166 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $14,110, or $85 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

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:

2010-11-13 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16318. Docket No. FAA-2010-0176; Directorate Identifier 
2009-NM-201-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 6, 
2010.

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, -100 SU, -
200 LR, -200 STD, and -200 SU airplanes; certificated in any 
category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (h)(1) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane. The FAA has 
provided guidance for this determination in Advisory Circular (AC) 
25-1529-1A.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage; 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During ERJ 170 airplane full scale fatigue test, cracks were 
found in some structural components of the airplane. Analysis of 
these cracks resulted in modifications on the airplane Airworthiness 
Limitation Items (ALI), to include new inspections tasks or 
modification of existing ones and its respective thresholds and 
intervals.
    Failure to inspect these components according to the new tasks, 
thresholds and intervals, could prevent a timely detection of 
fatigue cracks. Undetected fatigue cracks in these areas could 
adversely affect the structural integrity of these airplanes.
* * * * *
The corrective action is revising the Airworthiness Limitations 
Section (ALS) of the Instructions for Continued Airworthiness (ICA) 
to incorporate new structural inspection requirements.

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) Unless already done, do the following actions.
    (1) Within 90 days after the effective date of this AD, revise 
the ALS of the ICA to incorporate the inspection tasks identified in 
the EMBRAER temporary revisions (TRs) to Appendix A--Part 2 of the 
EMBRAER 170 Maintenance Review Board Report MRB-1621, listed in 
Table 1 of this AD. The initial compliance times for the tasks start 
from the applicable threshold times specified in the TRs for the 
corresponding tasks of the maintenance review board report or within 
500 flight cycles after the effective date of this AD, whichever 
occurs later. For certain

[[Page 30286]]

tasks, the compliance times depend on the pre-modification and post-
modification status of the actions specified in the associated 
service bulletin, as specified in the ``Applicability'' column of 
the applicable TRs identified in Table 1 of this AD. The threshold 
values stated in the TRs referenced in Table 1 of this AD are total 
flight cycles on the airplane since the date of issuance of the 
original Brazilian airworthiness certificate or the date of issuance 
of the original Brazilian export certificate of airworthiness.

                                            Table 1--Inspection Tasks
----------------------------------------------------------------------------------------------------------------
                  TR                             Date                      Subject                 Task No.
----------------------------------------------------------------------------------------------------------------
TR 4-1...............................  October 15, 2007.......  Ram air turbine compartment,      53-10-012-0002
                                                                 support structure and            53-10-012-0003
                                                                 cutout structure--internal.
                                                                Nose landing gear wheel well      53-10-021-0005
                                                                 metallic structure.              53-10-021-0006
TR 4-3...............................  December 6, 2007.......  Wing stub spar 3 side              57-01-012-001
                                                                 fitting--internal.
                                                                Wing upper skin panels--          57-10-010-0002
                                                                 external.
                                                                Fixed trailing edge lower         57-50-002-0002
                                                                 skin panel--external.
                                                                Fixed trailing edge rib 4A--      57-50-005-0003
                                                                 external.
                                                                Fixed trailing edge rib 6--       57-50-005-0004
                                                                 internal.
TR 4-4...............................  January 18, 2008.......  Wing stub main box lower--         57-01-002-003
                                                                 internal.
----------------------------------------------------------------------------------------------------------------

    (2) After accomplishing the actions specified in paragraph 
(g)(1) of this AD, no alternative inspections or inspection 
intervals may be used unless the inspection or inspection interval 
is approved by 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); or 
unless the inspection or interval is approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (h)(1) of this AD.

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: 
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. 
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 Directive 2009-04-01, 
dated April 29, 2009; and the TRs to Appendix A--Part 2 of the 
EMBRAER 170 Maintenance Review Board Report MRB-1621, identified in 
Table 2 of this AD; for related information.

                      Table 2--Temporary Revisions
------------------------------------------------------------------------
     EMBRAER temporary revisions                     Date
------------------------------------------------------------------------
TR 4-1..............................  October 15, 2007.
TR 4-3..............................  December 6, 2007.
TR 4-4..............................  January 18, 2008.
------------------------------------------------------------------------

Material Incorporated by Reference

    (j) You must use the service information contained in Table 3 of 
this AD 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.

               Table 3--Material Incorporated By Reference
------------------------------------------------------------------------
 EMBRAER temporary revision--        Dated--                To--
------------------------------------------------------------------------
4-1...........................  October 15, 2007.  Appendix A--Part 2 of
                                                    the EMBRAER 170
                                                    Maintenance Review
                                                    Board Report MRB-
                                                    1621.
4-3...........................  December 6, 2007.  Appendix A--Part 2 of
                                                    the EMBRAER 170
                                                    Maintenance Review
                                                    Board Report MRB-
                                                    1621.
4-4...........................  January 18, 2008.  Appendix A--Part 2 of
                                                    the EMBRAER 170
                                                    Maintenance Review
                                                    Board Report MRB-
                                                    1621.
------------------------------------------------------------------------

[[Page 30287]]

    Issued in Renton, Washington, on May 14, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-12671 Filed 5-28-10; 8:45 am]
BILLING CODE 4910-13-P
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