[Federal Register Volume 73, Number 163 (Thursday, August 21, 2008)]
[Proposed Rules]
[Pages 49362-49364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19366]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0889; Directorate Identifier 2008-NM-092-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).

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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:

[E]scape slide system installation [was found with] * * * tie-down 
straps which are used for escape slide packing [having not been 
removed]. The non-removal of the tie-down straps does not allow the 
aircraft door to reach the fully open position and the consequent 
deployment of the escape slide system in a * * * emergency 
evacuation, affecting the occupying safety.

The unsafe condition is failure of an evacuation system, which could 
impede an emergency evacuation and increase the chance of injury to 
passengers and flightcrew during the evacuation. 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 September 22, 
2008.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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.

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: 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:

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-2008-0889; 
Directorate Identifier 2008-NM-092-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 2008-01-03 and 2008-01-04, both effective 
March 3, 2008 (referred to after this as ``the MCAI''), to correct an 
unsafe condition for the specified products. The MCAI states:

[E]scape slide system installation [was found with] * * * tie-down 
straps which are used for escape slide packing [having not been 
removed]. The non-removal of the tie-down straps does not allow the 
aircraft door to reach the fully open position and the consequent 
deployment of the escape slide system in a * * * emergency 
evacuation, affecting the occupying safety.

The unsafe condition is failure of an evacuation system, which could 
impede

[[Page 49363]]

an emergency evacuation and increase the chance of injury to passengers 
and flightcrew during the evacuation. The corrective action involves 
inspection of the forward and rearward doors' emergency evacuation 
slide packs for the presence of tie-down straps, and, if applicable, 
removal of the tie-down straps. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    EMBRAER has issued Service Bulletins 170-25-0088 and 190-25-0062, 
both dated December 21, 2007. 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 144 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $23,040, or $160 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, 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.


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-
2008-0889; Directorate Identifier 2008-NM-092-AD.

Comments Due Date

    (a) We must receive comments by September 22, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes specified in paragraphs 
(c)(1) and (c)(2) of this AD.
    (1) EMBRAER Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 
SU, -200 LR, -200 STD, and -200 SU airplanes, serial numbers 
17000002, 17000004 thru 17000013, and 17000015 thru 17000196, 
certificated in any category.
    (2) EMBRAER Model ERJ 190-100 STD, -100 LR, -100 IGW, -100 ECJ, 
-200 STD, -200 LR, and -200 IGW airplanes, serial numbers 19000002, 
19000004 thru 19000132, and 19000135, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 25: 
Equipment/Furnishings.

Reason

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

[E]scape slide system installation [was found with] * * * tie-down 
straps which are used for escape slide packing [having not been 
removed]. The non-removal of the tie-down straps does not allow the 
aircraft door to reach the fully open position and the consequent 
deployment of the escape slide system in a * * * emergency 
evacuation, affecting the occupying safety.

The unsafe condition is failure of an evacuation system, which could 
impede an emergency evacuation and increase the chance of injury to 
passengers and flightcrew during the evacuation. The corrective 
action involves inspection of the forward and rearward doors' 
emergency evacuation slide packs for the presence of tie-down 
straps, and, if applicable, removal of the tie-down straps.

Actions and Compliance

    (f) Unless already done: Within 600 flight hours after the 
effective date of this AD, carry out a general visual inspection 
(GVI) of the emergency evacuation slide packs installed on the 
forward and rearward doors in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 170-25-0088, dated December 
21, 2007; or 190-25-0062, dated December 21, 2007; as

[[Page 49364]]

applicable. If tie-down straps are found, they must be cut and 
removed from the slide pack before further flight.

    Note 1: For the purposes 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 
ensure 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 
droplight 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.''

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) 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 appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (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, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directives 2008-01-03 
and 2008-01-04, both effective March 3, 2008; and EMBRAER Service 
Bulletins 170-25-0088 and 190-25-0062, both dated December 21, 2007; 
for related information.

    Issued in Renton, Washington, on August 6, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-19366 Filed 8-20-08; 8:45 am]
BILLING CODE 4910-13-P