This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

7511 

Vol. 76, No. 28 

Thursday, February 10, 2011 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0038; Directorate 

Identifier 2010–NM–153–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 Airplanes; 

and Model ERJ 190–100 STD, ERJ 190– 

100 LR, ERJ 190–100 IGW, ERJ 190– 

200 STD, ERJ 190–200 LR, and ERJ 

190–200 IGW Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

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: 

[T]he occurrence of drill marks [has been 

found] at the lower ring region of the rear 

pressure bulkhead between [the] 

circumferential splice joint and rear skin 

located between stringers 12 and 13. These 

marks may result in formation of fatigue 

cracks accelerated by corrosion reducing the 

structural strength of the rear pressure 

bulkhead, which may cause a sudden 

decompression of the passenger cabin. 

* * * * * 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by March 28, 2011. 

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. 

For service information identified in 

this proposed AD, contact Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER), Technical Publications 

Section (PC 060), Av. Brigadeiro Faria 

Lima, 2170—Putim—12227–901 Sa ̃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. You may 

review copies of the referenced 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. 

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 proposed 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: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2011–0038; Directorate Identifier 

2010–NM–153–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on 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 proposed AD. 

Discussion 

The Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directives 2010–06–01R1 

and 2010–06–02R1, both dated August 

25, 2010 (referred to after this as ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

[T]he occurrence of drill marks [has been 

found] at the lower ring region of the rear 

pressure bulkhead between [the] 

circumferential splice joint and rear skin 

located between stringers 12 and 13. These 

marks may result in formation of fatigue 

cracks accelerated by corrosion reducing the 

structural strength of the rear pressure 

bulkhead, which may cause a sudden 

decompression of the passenger cabin. 

The required actions include doing a 

detailed inspection for signs of drill 

marks and repairing if necessary. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

EMBRAER has issued Service 

Bulletins 170–53–0082 and 190–53– 

0042, both Revision 01, both dated April 

28, 2010. 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 Proposed 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 proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 


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7512 Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Proposed Rules 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

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 proposed 

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 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 241 products of U.S. 

registry. We also estimate that it would 

take about 1 work-hour per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$20,485, or $85 per product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 2 work-hours and require parts 

costing $20, for a cost of $190 per 

product. We have no way of 

determining the number of products 

that may need these actions. 

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 proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 proposed regulation: 

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 proposed 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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 AD: 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2011– 

0038; Directorate Identifier 2010–NM– 

153–AD. 

Comments Due Date 

(a) We must receive comments by March 

28, 2011. 

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; and Model ERJ 170–200 LR, 

–200 SU, and –200 STD airplanes; 

certificated in any category; serial numbers 

17000002, 17000004 through 17000013 

inclusive, 17000015 through 17000212 

inclusive, 17000216 through 17000233 

inclusive, 17000236, 17000269, 17000281 

through 17000291 inclusive, and 17000293; 

and Model ERJ 190–100 STD, ERJ 190–100 

LR, ERJ 190–100 IGW, ERJ 190–200 STD, ERJ 

190–200 LR, and ERJ 190–200 IGW airplanes; 

certificated in any category; serial numbers 

19000002, 19000004, 19000006 through 

19000108 inclusive, 19000110 through 

19000139 inclusive, 19000141 through 

19000157 inclusive, 19000160, 19000165, 

19000167 through 19000176 inclusive, 

19000178 through 19000199 inclusive, 

19000273 through 19000276 inclusive, 

19000279 through 19000286 inclusive, 

19000288 through 19000295 inclusive, 

19000297 through 19000304 inclusive, and 

19000309. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

[T]he occurrence of drill marks [has been 

found] at the lower ring region of the rear 

pressure bulkhead between [the] 

circumferential splice joint and rear skin 

located between stringers 12 and 13. These 

marks may result in formation of fatigue 

cracks accelerated by corrosion reducing the 

structural strength of the rear pressure 

bulkhead, which may cause a sudden 

decompression of the passenger cabin. 

* * * * * 

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) Before the accumulation of 20,000 flight 

cycles, do a detailed inspection for signs of 

drill marks at the left and right lower ring 

region of the rear pressure bulkhead between 

the circumferential splice joint and rear skin 

between stringers 12 and 13, in accordance 

with EMBRAER Service Bulletin 170–53– 

0082 or 190–53–0042, both Revision 01, both 

dated April 28, 2010, as applicable. If drill 

marks are found, repair before further flight, 

in accordance with EMBRAER Service 

Bulletin 170–53–0082 or 190–53–0042, both 

Revision 01, both dated April 28, 2010, as 

applicable. 

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.’’ 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: 

Although EMBRAER Service Bulletins 170– 

53–0082 and 190–53–0042, both Revision 01, 

both dated April 28, 2010, specify doing a 


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Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Proposed Rules 7513 

general visual inspection, this AD requires 

doing a detailed inspection. 

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. Information 

may be e-mailed to: 9-ANM-116-AMOCREQUESTS@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 FAAapproved 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 

(i) Refer to MCAI Brazilian Airworthiness 

Directives 2010–06–01R1 and 2010–06–02R1, 

both dated August 25, 2010; and EMBRAER 

Service Bulletins 170–53–0082 and 190–53– 

0042, both Revision 01, both dated April 28, 

2010; for related information. 

Issued in Renton, Washington, on February 

3, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–2926 Filed 2–9–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0041; Directorate 

Identifier 2010–NM–227–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 747–400 and –400F 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD would require a general visual 

inspection for cracks and holes of the 

main equipment center (MEC) drip 

shields, and repairs if necessary; 

installation of a fiberglass reinforcing 

overcoat; and, for certain airplanes, 

installation of stiffening panels to the 

MEC drip shields. This proposed AD 

was prompted by a report of a loss of 

bus control unit number 1 and generator 

control units numbers 1 and 2 while the 

airplane was on the ground, and 

multiple operator reports of cracked 

MEC drip shields. We are proposing this 

AD to prevent water penetration into the 

MEC, which could result in the loss of 

flight critical systems. 

DATES: We must receive comments on 

this proposed AD by March 28, 2011. 

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: Deliver to Mail 

address above between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Marcia Smith, Aerospace Engineer, 

Cabin Safety & Environmental Systems 

Branch, ANM–150S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; phone: 425–917–6484; fax: 

425–917–6590; e-mail: 

marcia.smith@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2011–0041; Directorate Identifier 2010– 

NM–227–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed 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 proposed AD. 

Discussion 

We have received a report of a loss of 

bus control unit number 1 and generator 

control units numbers 1 and 2 while the 

airplane was on the ground, and 

multiple operators have reported 

cracked main equipment center (MEC) 

drip shields. Cracking in the MEC drip 

shield and exhaust plenum has been 

identified as part of the water leak path 

into the MEC. This condition, if not 

corrected, could result in water 

penetration into the MEC, which could 

result in the loss of flight critical 

systems. 

Relevant Service Information 

We reviewed Boeing Alert Service 

Bulletin 747–25A3588, dated July 19, 

2010. The service information describes 

procedures for performing a general 

visual inspection of the MEC drip shield 

for cracks and holes, performing repairs 

if necessary, and installing a fiberglass 

reinforcing overcoat to the MEC drip 

shield. Additionally, for airplanes 

identified as Groups 1 and 3, the service 

information describes procedures for 

installing MEC drip shield panel 

stiffeners. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1