```

[Federal Register: December 1, 2010 (Volume 75, Number 230)]
[Proposed Rules]               
[Page 74670-74673]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de10-26]                         

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1161; Directorate Identifier 2010-NM-152-AD]
RIN 2120-AA64

 
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 and ERJ 190 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:

    It has been found occurrence of screw units manufactured with 
metallographic non-conformity that may increase their susceptibility 
to brittle fracture. The screw failure may result in loss of the 
related balance washer causing a possible ram air turbine (RAT) 
imbalance event, which may result in RAT structural failure, which 
associated with an electrical emergency situation, could result in 
loss of power to airplane flight controls hydraulic back-up system.
* * * * *
Loss of power to the hydraulic back-up system for airplane flight 
controls could reduce the ability of the flightcrew to maintain the 
safe flight and landing of the airplane. 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 January 18, 
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 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. 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,

[[Page 74671]]

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-2010-1161; 
Directorate Identifier 2010-NM-152-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 Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directives 2010-06-04 and 2010-06-05, both dated July 26, 
2010 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI state:

    It has been found occurrence of screw units manufactured with 
metallographic non-conformity that may increase their susceptibility 
to brittle fracture. The screw failure may result in loss of the 
related balance washer causing a possible ram air turbine (RAT) 
imbalance event, which may result in RAT structural failure, which 
associated with an electrical emergency situation, could result in 
loss of power to airplane flight controls hydraulic back-up system.
* * * * *
Loss of power to the hydraulic back-up system for airplane flight 
controls could reduce the ability of the flightcrew to maintain the 
safe flight and landing of the airplane. Required actions include doing 
a general visual inspection to determine the model, part number, and 
serial number of the RAT, and to determine if a certain symbol is 
marked on affected RATs. Corrective actions include replacing the RAT 
balance screw and marking the RAT identification plate. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    EMBRAER has issued Service Bulletins 170-24-0048, Revision 01, 
dated May 12, 2010 (for Model ERJ 170 airplanes); and 190-24-0019, 
Revision 01, dated May 11, 2010 (for Model 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 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.

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 9 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $0 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these costs. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $184,365, or $765 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); 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.

[[Page 74672]]

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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2010-1161; Directorate Identifier 2010-NM-152-AD.

Comments Due Date

    (a) We must receive comments by January 18, 2011.

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, and -100 SU 
airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD 
airplanes; and 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.

Subject

    (d) Air Transport Association (ATA) of America Code 24: 
Electrical power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    It has been found occurrence of screw units manufactured with 
metallographic non-conformity that may increase their susceptibility 
to brittle fracture. The screw failure may result in loss of the 
related balance washer causing a possible ram air turbine (RAT) 
imbalance event, which may result in RAT structural failure, which 
associated with an electrical emergency situation, could result in 
loss of power to airplane flight controls hydraulic back-up system.
* * * * *
Loss of power to the hydraulic back-up system for airplane flight 
controls could reduce the ability of the flightcrew to maintain the 
safe flight and landing of the airplane.

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 1,200 flight hours or 6 months after the effective 
date of this AD, whichever occurs first: Do a general visual 
inspection to determine the RAT model, part number, and serial 
number, in accordance with Part 1 of the Accomplishment Instructions 
of EMBRAER Service Bulletin 170-24-0048, Revision 01, dated May 12, 
2010; or EMBRAER Service Bulletin 190-24-0019, Revision 01, dated 
May 11, 2010; as applicable. A review of airplane maintenance 
records is acceptable in lieu of this inspection if the model, part 
number, and serial number of the RAT can be conclusively determined 
from that review.

    Note 1:  For the purpose of this AD, a general visual inspection 
(GVI) is: ``A visual examination of an interior or exterior area, 
installation or assembly to detect obvious damage, failure or 
irregularity. This level of inspection is made from within touching 
distance, unless otherwise specified. A mirror may be necessary to 
enhance visual access to all exposed surfaces in the inspection 
area. This level of inspection is made under normally available 
lighting conditions such as daylight, hangar lighting, flashlight or 
drop-light, and may require removal or opening of access panels or 
doors. Stands, ladders or platforms may be required to gain 
proximity to the area being checked.''

    (1) For any RAT not having a serial number identified in EMBRAER 
Service Bulletin 170-24-0048, Revision 01, dated May 12, 2010; or 
EMBRAER Service Bulletin 190-24-0019, Revision 01, dated May 11, 
2010: No further action is required by this paragraph.
    (2) For any RAT having a serial number identified in EMBRAER 
Service Bulletin 170-24-0048, Revision 01, dated May 12, 2010; or 
EMBRAER Service Bulletin 190-24-0019, Revision 01, dated May 11, 
2010: Within 1,200 flight hours or 6 months after the effective date 
of this AD, whichever occurs first, inspect to determine if the 
symbol ``24-5'' is marked on the RAT identification plate. A review 
of airplane maintenance records is acceptable in lieu of this 
inspection if the RAT identification plate can be conclusively 
determined to be marked with ``24-5'' from that review.
    (i) If the symbol ``24-5'' is marked on the RAT identification 
plate: No further action is required by this paragraph.
    (ii) If the symbol ``24-5'' is not marked on the RAT 
identification plate: Within 1,200 flight hours or 6 months after 
the effective date of this AD, whichever occurs first, replace the 
RAT balance screw with a new balance screw, and mark the RAT 
identification plate with the symbol ``24-5,'' in accordance with 
Part 2 of the Accomplishment Instructions of EMBRAER Service 
Bulletin 170-24-0048, Revision 01, dated May 12, 2010; or EMBRAER 
Service Bulletin 190-24-0019, Revision 01, dated May 11, 2010; as 
applicable.
    (h) As of the effective date of this AD, no person may install a 
RAT identified in Part 1 of the Accomplishment Instructions of 
EMBRAER Service Bulletin 170-24-0048, Revision 01, dated May 12, 
2010; or EMBRAER Service Bulletin 190-24-0019, Revision 01, dated 
May 11, 2010; as applicable; on any airplane, unless that RAT is 
identified with the symbol ``24-5'' on the identification plate.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (i) Actions accomplished before the effective date of this AD in 
accordance with EMBRAER Service Bulletins 170-24-0048 or 190-24-
0019, both dated March 31, 2010, as applicable, are considered 
acceptable for compliance with the corresponding actions specified 
in this AD.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service 
information as follows:
    (1) The Brazilian ADs apply to ``airplanes equipped with 
Hamilton Sundstrand ram air turbine (RAT), Model ERPS37T, Part 
Number (P/N) 1703781 Series; with the serial numbers (S/N) contained 
in Embraer Service Bulletin[s 170-24-0048 or 190-24-0019],'' and 
their first action is an inspection to determine if affected 
equipment is installed. This AD applies to all of the airplanes, 
with the first action in the AD being an inspection to determine if 
affected equipment is installed, because the affected part could be 
rotated onto any of the airplanes listed in the applicability.
    (2) Although the MCAI states not to install the part identified 
in paragraph (h) of this AD after accomplishing the actions 
specified in paragraph (g)(2) of this AD, this AD prohibits 
installation of the part as of the effective date of this AD.

Other FAA AD Provisions

    (j) 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.

[[Page 74673]]

Related Information

    (k) Refer to MCAI Brazilian Airworthiness Directives 2010-06-04 
and 2010-06-05, both dated July 26, 2010; EMBRAER Service Bulletin 
170-24-0048, Revision 01, dated May 12, 2010; and EMBRAER Service 
Bulletin 190-24-0019, Revision 01, dated May 11, 2010; for related 
information.

    Issued in Renton, Washington, on November 18, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-30140 Filed 11-30-10; 8:45 am]
BILLING CODE 4910-13-P
```