[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Rules and Regulations]
[Pages 27237-27239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10693]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0038; Directorate Identifier 2010-NM-153-AD;
Amendment 39-16684; AD 2011-10-03]
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), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This 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.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective June 15, 2011.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 15,
2011.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on February 10, 2011
(76 FR 7511). That NPRM proposed 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.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.
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 required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
[[Page 27238]]
Costs of Compliance
We estimate that this AD will affect 241 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the 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 AD will not have federalism implications
under Executive Order 13132. This AD will 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 AD:
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 AD and placed it in the AD docket.
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 the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2011-10-03 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16684. Docket No. FAA-2011-0038; Directorate Identifier
2010-NM-153-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective June 15,
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 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.
[[Page 27239]]
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-
1149. Information may be e-mailed to: [email protected]. 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.
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.
Material Incorporated by Reference
(j) You must use EMBRAER Service Bulletin 170-53-0082, Revision
01, dated April 28, 2010; or EMBRAER Service Bulletin 190-53-0042,
Revision 01, dated April 28, 2010; as applicable; to do the actions
required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this 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
[email protected]; Internet http://www.flyembraer.com.
(3) You may review copies of the 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.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on April 20, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-10693 Filed 5-10-11; 8:45 am]
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