[Federal Register Volume 77, Number 54 (Tuesday, March 20, 2012)]
[Rules and Regulations]
[Pages 16155-16157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6447]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0191; Directorate Identifier 2012-NM-035-AD;
Amendment 39-16980; AD 2012-05-08]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170
airplanes. This AD requires repetitive inspections for fuel leakage and
cracks on the wing spar II, close to the rib 10 area, and repair if
necessary. This AD was prompted by reports of fuel seepage at the left-
hand wing, close to the rib 10 area in two airplanes. We are issuing
this AD to detect and correct cracking on the wing spar II, which could
result in a fuel leak, consequent reduced structural integrity of the
airplane, and possible fire.
DATES: This AD becomes effective April 4, 2012.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 4,
2012.
We must receive comments on this AD by May 4, 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.
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 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:
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 2012-02-01, dated February 22, 2012 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
It has been found cases of fuel seepage at the Left Hand (LH)
wing and close to the Rib 10 area in two different airplanes.
Further investigation revealed that the seepage was caused by a
crack at the LH wing spar II close to the Rib 10. The ANAC is
issuing this AD to detect and correct cracking in the wing spar II,
which could result in a fuel leak and reduced structural integrity
of the airplane.
* * * * *
This AD requires repetitive general visual inspections for fuel
leakage on the wing spar II, close to the rib 10 area; repetitive
detailed inspections for cracks on the wing spar II, spar cap third,
and main box lower skins of the wings, close to the rib 10 area; an
eddy current inspection for cracks on the wing spar II if necessary;
and repair if necessary. You may obtain further information by
examining the MCAI in the AD docket.
Relevant Service Information
EMBRAER has issued Alert Service Bulletin 170-57-A053, dated
February 13, 2012. 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 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Interim Action
This AD is considered interim action to address the unsafe
condition. If final action is later identified, we might consider
further rulemaking then.
Differences Between the AD and the MCAI or Service Information
The MCAI requires actions only for airplanes that have exceeded
12,000 total flight cycles, but the requirements of this (FAA) AD apply
to all Model 170 airplanes.
[[Page 16156]]
For airplanes with fuel leakage but no crack, this AD, in paragraph
(j)(2), requires repeating the general visual and detailed inspections.
The MCAI does not require that this inspection be repeated under those
conditions.
We have coordinated these differences with ANAC.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because of
fuel leaks caused by spar cracks, which could result in reduced
structural integrity of the wing, and possible fire. Therefore, we
determined that notice and opportunity for public comment before
issuing this AD are impracticable and that good cause exists for making
this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2012-0191; Directorate
Identifier 2012-NM-035-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
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 AD.
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 that 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);
3. Will not affect intrastate aviation in Alaska; and
4. 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.
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:
2012-05-08 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16980. Docket No. FAA-2012-0191; Directorate Identifier
2012-NM-035-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective April 4,
2012.
(b) Affected ADs
None.
(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.
(d) Subject
Air Transport Association (ATA) of America Code 57: Wings.
(e) Reason
This AD was prompted by reports of fuel seepage at the left-hand
wing, close to the rib 10 area in two airplanes. We are issuing this
AD to detect and correct cracking on the wing spar II, which could
result in a fuel leak, consequent reduced structural integrity of
the airplane, and possible fire.
(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.
(g) General Visual Inspection for Fuel Leakage
At the applicable time specified in paragraph (g)(1), (g)(2), or
(g)(3) of this AD: Do a general visual inspection for fuel leakage
on the wings, close to the rib 10 area, while both tanks are fully
fueled, in accordance with Part I of the Accomplishment Instructions
of EMBRAER Alert Service Bulletin 170-57-A053, dated February 13,
2012.
Note 1 to paragraph (g) of this AD: Guidance on performing the
inspection for fuel leakage can be found in Task 28-11-00-790-801-A,
Wing Tank--Fueled Tank Leakage Check, of the EMBRAER 170/175
Aircraft Maintenance Manual.
(1) For airplanes that have accumulated 11,999 or fewer total
flight cycles as of the effective date of this AD: Inspect before
the accumulation of 12,000 total flight cycles, or within 150 flight
cycles after the effective date of this AD, whichever occurs later.
(2) For airplanes that have accumulated more than 11,999 total
flight cycles but fewer than 13,926 total flight cycles as of the
effective date of this AD: Inspect within 150 flight cycles after
the effective date of this AD.
(3) For airplanes that have accumulated more than 13,925 total
flight cycles as of the effective date of this AD: Inspect before
the accumulation of 14,075 total flight cycles, or within 75 flight
cycles after the effective date of this AD, whichever occurs later.
(h) Detailed Inspection for Cracks (Leakage Found)
If any sign of fuel leakage is found during any inspection
required by paragraph (g) of this AD, before further flight, do a
detailed inspection for cracks on spar II, spar cap third, and main
box lower skin of the wings, close to the rib 10, in accordance with
Part II or Part III, as applicable, of the Accomplishment
Instructions of EMBRAER Alert Service Bulletin 170-57-A053, dated
February 13, 2012. Repeat the inspection thereafter at intervals not
to exceed 50 flight
[[Page 16157]]
cycles until accomplishment of the requirements of paragraph (j) of
this AD.
(i) Detailed Inspection for Cracks (No Leakage Found)
If no sign of fuel leakage is found during the most recent
inspection required by paragraph (g) of this AD, within 450 flight
cycles after accomplishing the inspection, repeat the general visual
inspection required by paragraph (g) of this AD and do a detailed
inspection for cracks on spar II, spar cap third, and main box lower
skin of the wings, close to the rib 10, in accordance with Part II
and Part III of the Accomplishment Instructions of EMBRAER Alert
Service Bulletin 170-57-A053, dated February 13, 2012. Repeat both
inspections thereafter at intervals not to exceed 450 flight cycles.
(j) Special Detailed Inspection (Leakage Found)
If any fuel leakage is found during any inspection required by
paragraph (g) or (i) of this AD: Within 150 flight cycles after the
most recent inspection, do an eddy current special detailed
inspection for cracks on spar II of the wings, and a defueled tank
leak check for fuel leakage, in accordance with Part IV and Part V,
as applicable, of the Accomplishment Instructions of EMBRAER Alert
Service Bulletin 170-57-A053, dated February 13, 2012.
(1) If any crack is found: Do the actions specified in paragraph
(k) of this AD.
(2) If no crack is found: Repeat the general visual inspection
specified in paragraph (g) of this AD and the detailed inspection
specified in paragraph (i) of this AD at intervals not to exceed 450
flight cycles.
(k) Repair
If any cracking or fuel leakage is found during any inspection
or check required by this AD: Before further flight, repair using a
method approved by either 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). Repair of any crack terminates the repetitive inspection
requirements required by this AD for that side of the wing.
Note 2 to paragraph (k) of this AD: Guidance on the
classification of ``fuel leakage'' and the disposition of fuel leaks
can be found in Task 28-11-00-790-801-A, Wing Tank--Fueled Tank
Leakage Check, of the EMBRAER 170/175 Aircraft Maintenance Manual.
(l) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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, ANM-116, 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
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.
(m) Special Flight Permits
Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.
(n) Related Information
Refer to MCAI Brazilian Airworthiness Directive 2012-02-01,
dated February 22, 2012; and EMBRAER Alert Service Bulletin 170-57-
A053, dated February 13, 2012; for related information.
(o) Material Incorporated by Reference
(1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) of the following service information under 5 U.S.C.
552(a) and 1 CFR part 51:
(i) Embraer Alert Service Bulletin 170-57-A053, dated February
13, 2012.
(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; email
[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 an NARA facility, 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 March 7, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-6447 Filed 3-19-12; 8:45 am]
BILLING CODE 4910-13-P