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[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Proposed Rules]
[Pages 81894-81897]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33279]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1325; Directorate Identifier 2010-NM-250-AD]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) that applies to all EMBRAER Model ERJ 170 airplanes. The existing 
AD currently requires revising the Airworthiness Limitations Section 
(ALS) of the Instructions for Continued Airworthiness (ICA) to 
incorporate new structural inspection requirements. Since we issued 
that AD, during full scale fatigue testing, cracks were found in 
certain structural components of the airplane. Analysis of these cracks 
resulted in manufacturer modifications of the ALS of Embraer ERJ 170 
Maintenance Review Board Report (MRBR), which include new inspections 
tasks, or modification of the current tasks and their respective 
thresholds and intervals. This proposed AD would revise the maintenance 
program to incorporate new or revised structural inspection 
requirements. We are proposing this AD to detect and correct fatigue 
cracking which could result in the loss of structural integrity of the 
airplane.

DATES: We must receive comments on this proposed AD by February 13, 
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.
    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 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. 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

[[Page 81895]]

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) 227-1320.

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-2011-1325; 
Directorate Identifier 2010-NM-250-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

    On May 14, 2010, we issued AD 2010-11-13, Amendment 39-16318 (75 FR 
30284, June 1, 2010). That AD required actions intended to address an 
unsafe condition on the products listed above.
    Since we issued AD 2010-11-13, Amendment 39-16318 (75 FR 30284, 
June 1, 2010): The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC), which is the aviation authority for Brazil, has issued 
Brazilian Airworthiness Directive 2011-04-01, dated May 5, 2011 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    During the airplane full scale fatigue test, cracks were found 
in some structural components of the airplane. Analysis of these 
cracks resulted in modifications on the Airworthiness Limitation 
Section (ALS) of Embraer ERJ 170 Maintenance Review Board Report 
(MRBR), to include new inspections tasks or modification of existing 
ones and its respective thresholds and intervals.
    Failure to inspect these structural components, according to the 
new/revised tasks, thresholds and intervals, could prevent a timely 
detection of fatigue cracking. These cracks, if not properly 
addressed, could adversely affect the structural integrity of the 
airplane.
* * * * *
    The required action is revising the maintenance program to 
incorporate new structural inspection requirements. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    EMBRAER has issued Part 2--Airworthiness Limitation Inspection 
(ALI)--Structures, of Appendix A, Airworthiness Limitations of the 
EMBRAER 170 Maintenance Review Board Report (MRBR) MRB-1621, Appendix 
A, Part 2, Airworthiness Limitations, Revision 7, dated November 11, 
2010; and Temporary Revision (TR) 7-1, dated February 11, 2011, to Part 
2--Airworthiness Limitation Inspection (ALI)--Structures, of Appendix 
A, Airworthiness Limitations of the EMBRAER 170 MRBR MRB-1621, Revision 
7, dated November 11, 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 condition 
exists and is likely to exist or develop on other products of the same 
type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 166 products of U.S. registry.
    The actions that are required by AD 2010-11-13, Amendment 39-16318 
(75 FR 30284, June 1, 2010) and retained in this proposed AD take about 
1 work-hour per product, at an average labor rate of $85 per work hour. 
Based on these figures, the estimated cost of the currently required 
actions is $85 per product.
    We estimate that it would take about 1 work-hour per product to 
comply with the new 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 $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 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),
    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:

[[Page 81896]]

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-16318 (75 FR 
30284, June 1, 2010) and adding the following new AD:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2011-1325; Directorate Identifier 2010-NM-250-AD.

(a) Comments Due Date

    We must receive comments by February 13, 2012.

(b) Affected ADs

    This AD supersedes AD 2010-11-13, Amendment 39-16318 (75 FR 
30284, June 1, 2010)

(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.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions 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 actions 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 (k) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued damage tolerance of the affected structure. The FAA 
has provided guidance for this determination in Advisory Circular 
(AC) 25.1529-1A.

(d) Subject

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

(e) Reason

    This AD was prompted by cracks found in certain structural 
components during full scale fatigue testing of the airplane. 
Analysis of these cracks resulted in manufacturer modifications of 
the ALS of Embraer ERJ 170 Maintenance Review Board Report (MRBR), 
which include new inspections tasks, or modification of the current 
tasks and their respective thresholds and intervals. We are issuing 
this AD to detect and correct fatigue cracking which could result in 
the loss of structural integrity of the airplane.

(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.

Restatement of Requirements of AD 2010-11-13, Amendment 39-16318 (75 FR 
30284, June 1, 2010):

(g) Actions

    Within 90 days after July 6, 2010 (the effective date of AD 
2010-11-13, Amendment 39-16318 (75 FR 30284, June 1, 2010)), revise 
the Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness (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 (MRBR) 
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 July 6, 2010, whichever 
occurs later. For certain 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           53-10-012-0002
                                                         compartment, support     53-10-012-0003
                                                         structure and cutout     53-10-021-0005
                                                         structure-internal.      53-10-021-0006
                                                        Nose landing gear wheel
                                                         well metallic structure.
TR 4-3...........................  December 6, 2007...  Wing stub spar 3 side     57-01-012-001
                                                         fitting--internal.       57-10-010-0002
                                                        Wing upper skin panels--  57-50-002-0002
                                                         external.                57-50-005-0003
                                                        Fixed trailing edge       57-50-005-0004
                                                         lower skin panel--
                                                         external.
                                                        Fixed trailing edge rib
                                                         4A--external.
                                                        Fixed trailing edge rib
                                                         6--internal.
TR 4-4...........................  January 18, 2008...  Wing stub main box        57-01-002-003
                                                         lower--internal.
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(h) No Alternative Inspections for Paragraph (g) of This AD

    Except as required by paragraph (i) of this AD, after 
accomplishing the actions specified in paragraph (g) 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 (k)(1) of this AD.

New Requirements of This AD

(i) Revision of the Maintenance Program

    Within 60 days after the effective date of this AD: Revise the 
maintenance program to incorporate the new or revised tasks 
specified in Part 2--Airworthiness Limitation Inspection (ALI)--
Structures, of Appendix A, Airworthiness Limitations of the EMBRAER 
170 MRBR MRB-1621, Appendix A, Part 2, Airworthiness Limitations, 
Revision 7, dated November 11, 2010; and Temporary Revision (TR) 7-
1, dated February 11, 2011, to Part 2--Airworthiness Limitation 
Inspection (ALI)--Structures, of Appendix A, Airworthiness 
Limitations of the EMBRAER 170 MRBR MRB-1621, Revision 7, dated 
November 11, 2010, with the initial compliance times and intervals 
stated in these documents. The initial compliance times for the 
tasks start from the date of issuance of the original Brazilian 
airworthiness certificate or the date of issuance of the original 
Brazilian export certificate of airworthiness of the applicable 
airplane at the applicable time specified in the tasks, or within 
600 flight cycles after revising the maintenance program, whichever 
occurs later. For certain 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 Part 2--Airworthiness Limitation 
Inspection (ALI)--Structures, of Appendix A, Airworthiness 
Limitations of the EMBRAER 170 MRBR MRB-1621, Appendix A, Part 2, 
Airworthiness Limitations, Revision 7, dated November 11, 2010; and 
Temporary Revision (TR) 7-1, dated February 11, 2011, to Part 2--
Airworthiness Limitation Inspection (ALI)--Structures, of Appendix 
A, Airworthiness Limitations of the EMBRAER 170 MRBR MRB-1621, 
Revision 7, dated November 11, 2010. For tasks identified in the 
documents identified in this paragraph, doing the initial task 
required by this paragraph terminates the requirements of paragraph 
(g) of this AD for that task.

[[Page 81897]]

(j) No Alternative Actions Intervals, and/or Critical Design 
Configuration Control Limitations (CDCCLs)

    After accomplishing the revisions required by paragraph (i) of 
this AD, no alternative actions (e.g., inspections), intervals, and/
or CDCCLs may be used other than those specified in Part 2--
Airworthiness Limitation Inspection (ALI)--Structures, of Appendix 
A, Airworthiness Limitations of the EMBRAER 170 MRBR MRB-1621, 
Appendix A, Part 2, Airworthiness Limitations, Revision 7, dated 
November 11, 2010; and Temporary Revision (TR) 7-1, dated February 
11, 2011, to Part 2--Airworthiness Limitation Inspection (ALI)--
Structures, of Appendix A, Airworthiness Limitations of the EMBRAER 
170 MRBR MRB-1621, Revision 7, dated November 11, 2010, unless the 
actions, intervals, and/or CDCCLs are approved as an AMOC in 
accordance with the procedures specified in paragraph (k)(1) of this 
AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, 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, 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) 227-1320. 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.

(l) Related Information

    Refer to MCAI Brazilian Airworthiness Directive 2011-04-01, 
dated May 5, 2011; and Part 2--Airworthiness Limitation Inspection 
(ALI)--Structures, of Appendix A, Airworthiness Limitations of the 
EMBRAER 170 MRBR MRB-1621, Appendix A, Part 2, Airworthiness 
Limitations, Revision 7, dated November 11, 2010; and Temporary 
Revision (TR) 7-1, dated February 11, 2011, to Part 2--Airworthiness 
Limitation Inspection (ALI)--Structures, of Appendix A, 
Airworthiness Limitations of the EMBRAER 170 MRBR MRB-1621, Revision 
7, dated November 11, 2010; for related information.

    Issued in Renton, Washington, on December 19, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-33279 Filed 12-28-11; 8:45 a.m.]
BILLING CODE 4910-13-P
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