[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Proposed Rules]
[Pages 81894-81897]
From the Federal Register Online via the Government Publishing 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:
[email protected]; 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
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TR Date Subject Task No.
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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: [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.
(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.]
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