[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Proposed Rules]
[Pages 34276-34279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16779]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0610; Directorate Identifier 2009-NM-021-AD]
RIN 2120-AA64


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

    The result of re-assessment of rotor burst analysis has shown 
the possibility of loss of electrical power supply to the following 
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional 
spoilers and rudder, which result in loss of the aircraft pitch and 
yaw control.
* * * * *

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 August 14, 2009.

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

[[Page 34277]]

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: 
<a href="/cdn-cgi/l/email-protection#e4808d9790968d86a481898696858196ca878b89ca8696"><span class="__cf_email__" data-cfemail="53373a2027213a3113363e31213236217d303c3e7d3121">[email protected]</span></a>; 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 or 425-227-1152.

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-2009-0610; 
Directorate Identifier 2009-NM-021-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 Directive 2008-09-01, dated September 30, 2008 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    The result of re-assessment of rotor burst analysis has shown 
the possibility of loss of electrical power supply to the following 
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional 
spoilers and rudder, which result in loss of the aircraft pitch and 
yaw control.
* * * * *

Required actions include modifying the electrical wiring in the 
overhead panel of the cockpit, modifying the air data smart probe 3B 
power supply bus, and modifying the Aeronautical Radio Incorporated 
(ARINC) 429 data bus, as applicable. You may obtain further information 
by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued the service bulletins listed in the ``Service 
Information'' table.

                                               Service Information
----------------------------------------------------------------------------------------------------------------
       Embraer Service Bulletin--                Revision--                            Dated--
----------------------------------------------------------------------------------------------------------------
170-24-0019............................  Original..................  December 6, 2006.
170-24-0020............................  Original..................  November 30, 2006.
170-31-0020............................  01........................  May 21, 2008.
----------------------------------------------------------------------------------------------------------------

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 77 products of U.S. registry. We also estimate that 
it would take about 62 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $668 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 $433,356, or $5,628 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

[[Page 34278]]

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.


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-
2009-0610; Directorate Identifier 2009-NM-021-AD.

Comments Due Date

    (a) We must receive comments by August 14, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes; 
certificated in any category; as identified in Embraer Service 
Bulletins 170-24-0019, dated December 6, 2006; 170-24-0020, dated 
November 30, 2006; and 170-31-0020, Revision 01, dated May 21, 2008.

Subject

    (d) Air Transport Association (ATA) of America Codes 24 and 31: 
Electrical power and Instruments, respectively.

Reason

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

    The result of re-assessment of rotor burst analysis has shown 
the possibility of loss of electrical power supply to the following 
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional 
spoilers and rudder, which result in loss of the aircraft pitch and 
yaw control.
* * * * *

Required actions include modifying the electrical wiring in the 
overhead panel of the cockpit, modifying the air data smart probe 3B 
power supply bus, and modifying the Aeronautical Radio Incorporated 
(ARINC) 429 data bus, as applicable.

Actions and Compliance

    (f) Unless already done, do the following actions as applicable.
    (1) For airplanes identified in Embraer Service Bulletin 170-24-
0019, dated December 6, 2006: Within 6,000 flight hours after the 
effective date of this AD, modify the electrical wiring in the 
overhead panel of the cockpit in accordance with Embraer Service 
Bulletin 170-24-0019, dated December 6, 2006.
    (2) For airplanes identified in Embraer Service Bulletin 170-24-
0020, dated November 30, 2006: Within 6,000 flight hours after the 
effective date of this AD, change the Air Data Smart Probe 3 channel 
B power supply bus from ESS2 to ESS3 in accordance with Embraer 
Service Bulletin 170-24-0020, dated November 30, 2006.
    (3) For airplanes identified in Embraer Service Bulletin 170-31-
0020, Revision 01, dated May 21, 2008: Within 6,000 flight hours 
after the effective date of this AD, duplicate the Aeronautical 
Radio Incorporated (ARINC) 429 airspeed signal for an extension 
longer than the rotor burst impact area; change the primary power 
source for the modular avionics unit (MAU) 2 from DC BUS 2 to DC ESS 
BUS 2 to include an additional ground and to provide dual electrical 
power to MAU 2; and change the wiring of the slat/flap actuators 
control electronics (SF-ACE) 1 and 2 to primary actuator control 
electronics (P-ACE) 1, 2, and 3; in accordance with Embraer Service 
Bulletin 170-31-0020, Revision 01, dated May 21, 2008.
    (4) Actions accomplished before the effective date of this AD 
according to Embraer Service Bulletin 170-31-0020, dated July 20, 
2007, are considered acceptable for compliance with the 
corresponding actions specified in this AD.

FAA AD Differences

    Note 1: 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, 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.
    (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 Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) Airworthiness Directive 2008-09-
01, dated September 30, 2008, and the service information identified 
in Table 1 of this AD, for related information.

[[Page 34279]]



                                          Table 1--Service Information
----------------------------------------------------------------------------------------------------------------
       Embraer Service Bulletin--                Revision--                            Dated--
----------------------------------------------------------------------------------------------------------------
170-24-0019............................  Original..................  December 6, 2006.
170-24-0020............................  Original..................  November 30, 2006.
170-31-0020............................  01........................  May 21, 2008.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on July 8, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-16779 Filed 7-14-09; 8:45 am]
BILLING CODE 4910-13-P


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