[Federal Register: August 21, 2008 (Volume 73, Number 163)]
[Proposed Rules]
[Page 49362-49364]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au08-14]
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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:
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 W12-40, 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