[Federal Register: April 30, 2007 (Volume 72, Number 82)]
[Rules and Regulations]
[Page 21088-21090]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap07-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-27616; Directorate Identifier 2007-NM-052-AD;
Amendment 39-15035; AD 2007-06-53]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and ERJ 190 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: This document publishes in the Federal Register an amendment
adopting airworthiness directive (AD) 2007-06-53 that was sent
previously to all known U.S. owners and operators of EMBRAER Model ERJ
170 and ERJ 190 airplanes by individual notices. This AD requires
repetitively verifying the correct closure of the forward and aft cargo
doors, inspecting the forward and aft cargo doors for interference
between the lock handle and the aft edge liner assembly, repetitively
inspecting the lateral roller fittings on the forward and aft cargo
door frames for damage, and doing corrective actions if needed. This AD
also requires reporting any signs of interference or damage to the
manufacturer. This AD results from a report indicating that the aft
cargo door opened in flight just after departure, and from a report
indicating that an airplane was dispatched with an unsecured forward
cargo door. We are issuing this AD to prevent a cargo door from opening
during flight, which could lead to structural failure or loss of
control.
DATES: This AD becomes effective May 7, 2007 to all persons except
those persons to whom it was made immediately effective by emergency AD
2007-06-53, issued March 19, 2007, which contained the requirements of
this amendment.
The incorporation by reference of certain publications listed in
the AD is approved by the Director of the Federal Register as of May 7,
2007.
We must receive comments on this AD by June 29, 2007.
ADDRESSES: Use one of the following addresses to submit comments on
this AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this AD, contact Empresa
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao
Jose dos Campos--SP, Brazil.
FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1503; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: On March 19, 2007, we issued emergency AD
2007-06-53, which applies to all EMBRAER Model ERJ 170 and ERJ 190
airplanes.
Background
The FAA received a report that the aft cargo door of a Model ERJ
190 airplane opened in flight just after takeoff. The airplane returned
to the departure airport and landed without incident. We advised the
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which is
the airworthiness authority for Brazil, of the report and worked
closely with the ANAC to assess the safety implications of the report.
The assessment of the event indicated that the door was not fully
closed when the airplane took off. Inspection of the airplane revealed
that the door frame lateral roller fitting was cracked and the roller
fitting cover plate was distorted. The roller fitting cover plate
distortion caused a malfunction in the door position indication system.
A similar situation was found on the forward cargo door on a Model ERJ
170 airplane. In that instance, the problem was discovered by ground
personnel, and the door was secured prior to takeoff. The cargo door
design is the same for the Model ERJ 190 and ERJ 170 airplanes.
Therefore, an unsafe condition may exist on all EMBRAER Model ERJ 170
and ERJ 190 airplanes. We are issuing this AD to prevent a cargo door
from opening during flight, which could lead to structural failure or
loss of control.
Relevant Service Information
EMBRAER has issued Alert Service Bulletins 170-52-A036 (for Model
ERJ 170 airplanes) and 190-52-A018 (for Model ERJ 190 airplanes), both
dated March 12, 2007. The alert service bulletins describe the
following procedures:
Removal of the roller fitting cover plate;
A one-time visual inspection of the forward and aft cargo
doors to detect signs of interference between the lock handle and the
aft edge liner assembly;
Rework of the aft edge liner assembly, which must be done
immediately if there are signs of interference, and may be deferred for
a specified time if there are no signs of interference;
A one-time visual inspection of the forward and aft cargo
doors to detect signs of damage of the lateral roller fitting; and
Immediate replacement of any damaged fitting with one
having the same part number.
The ANAC mandated the actions in the alert service bulletins and
issued Brazilian airworthiness directives 2007-03-01 and 2007-03-02,
both effective March 16, 2007, to ensure the continued airworthiness of
these airplanes in Brazil.
The alert service bulletins refer to EMBRAER Service Bulletins 170-
50-0006 and 190-50-0006 as additional sources of service information
for removing the roller fitting cover plate and reworking the aft edge
liner assembly. These service bulletins are currently at Revision 01,
dated March 13, 2007.
FAA's Determination and Requirements of This AD
These airplane models are manufactured in Brazil and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the ANAC has kept the FAA informed
of the situation described above. We have examined the ANAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for products of this type design that are certificated for
operation in the United States.
Since the unsafe condition described is likely to exist or develop
on other airplanes of the same type design, we issued emergency AD
2007-06-53 to prevent a cargo door from opening
[[Page 21089]]
during flight; the door could detach from and strike the airplane and
result in structural damage and possible loss of control of the
airplane. The AD requires accomplishing the actions specified in the
service information previously described. This AD also requires
repetitively verifying, before each flight, the correct closure of the
forward and aft cargo doors, and reporting positive inspection results
to EMBRAER.
We found that immediate corrective action was required; therefore,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual notices
issued on March 19, 2007, to all known U.S. owners and operators of
EMBRAER Model ERJ 170 and ERJ 190 airplanes. These conditions still
exist, and the AD is hereby published in the Federal Register as an
amendment to section 39.13 of the Federal Aviation Regulations (14 CFR
39.13) to make it effective to all persons.
Clarification of Qualifications for Performing Preflight Verifications
This AD permits the preflight verifications to be done by mechanics
and flightcrew members. We have determined that this provision will
accommodate operators' maintenance scheduling demands and yet ensure an
acceptable level of safety.
Explanation of Reporting Requirement
This AD also requires that operators report the results of positive
inspection findings to EMBRAER. The required inspection reports will
help determine the extent in the fleet of potentially contributing
conditions. Based on the results of these reports, we might determine
that further corrective action is warranted.
Interim Action
We consider this AD interim action. The manufacturer is currently
developing a modification to the door position sensing system that will
further address the unsafe condition identified in this AD. Once this
modification is developed, approved, and available, we might consider
additional rulemaking.
Comments Invited
This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any relevant written
data, views, or arguments regarding this AD. Send your comments to an
address listed in the ADDRESSES section. Include ``Docket No. FAA-2007-
27616; Directorate Docket No. 2007-NM-052-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD that might
suggest a need to modify it.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this AD. Using the search function of that Web
site, anyone can find and read the comments in any of our dockets,
including the name of the individual who sent the comment (or signed
the comment on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78), or you may visit
http://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the Docket Management System
receives them.
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 have 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.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If this
emergency regulation is later deemed significant under DOT Regulatory
Policies and Procedures, we will prepare a final regulatory evaluation
and place it in the AD Docket. See the ADDRESSES section for a location
to examine the regulatory evaluation, if filed.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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 airworthiness
directive (AD):
2007-06-53 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15035. Docket No. FAA-2007-27616; Directorate
Identifier 2007-NM-052-AD.
Effective Date
(a) This AD becomes effective May 7, 2007, to all persons except
those persons to whom it was made immediately effective by emergency
AD 2007-06-53, issued on March 19, 2007, which contained the
requirements of this amendment.
Affected ADs
(b) None.
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Applicability
(c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100
STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes; and
ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; certificated in
any category.
Unsafe Condition
(d) This AD results from a report indicating that the aft cargo
door of a Model ERJ 190 airplane opened in flight just after
departure, and from a report indicating that a Model ERJ 170
airplane dispatched with an unsecured forward cargo door. The
Federal Aviation Administration is issuing this AD to prevent a
cargo door from opening during flight, which could lead to
structural failure or loss of control.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Preflight Verifications of Correct Door Closure
(f) As of 24 hours after the effective date of this AD: Before
each flight after closing the cargo doors, verify that the forward
and aft cargo doors are closed flush with the fuselage skin, and
that all 4 latched and locked indicators at the bottom of each door
are green. Persons qualified to do this verification are mechanics
and flightcrew members. If it cannot be verified that both doors are
closed flush with the fuselage skin, and that all 4 latched and
locked indicators at the bottom of each door are green, repair
before further flight. Repeat the verification before every flight
until accomplishment of the actions required by paragraph (g) of
this AD.
Inspection for Interference and Damage
(g) Within 10 days after the effective date of this AD, do the
actions specified in paragraphs (g)(1), (g)(2), and (g)(3) of this
AD, in accordance with the Accomplishment Instructions of EMBRAER
Alert Service Bulletin 170-52-A036 (for Model ERJ 170 airplanes) or
190-52-A018 (for Model ERJ 190 airplanes), both dated March 12,
2007, as applicable.
(1) Remove the roller fitting cover plate on the forward and aft
cargo door frames.
(2) Perform a detailed inspection of the forward and aft cargo
doors to detect signs of interference between the lock handle and
the aft edge liner assembly. Then rework the aft edge liner assembly
at the applicable time specified in paragraph (g)(2)(i) or
(g)(2)(ii) of this AD.
(i) If any sign of interference is detected: Rework the assembly
before further flight.
(ii) If no sign of interference is detected: Rework the assembly
within 150 flight cycles after the inspection.
(3) Perform a detailed inspection for signs of damage of the
lateral roller fitting on the forward and aft cargo door frames at
the fuselage. If any damage is found, replace the lateral roller
fitting before further flight with a new roller fitting having the
same part number, in accordance with the applicable service
bulletin.
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.''
Note 2: EMBRAER Alert Service Bulletins 170-52-A036 and 190-52-
A018 refer to EMBRAER Service Bulletins 170-50-0006 and 190-50-0006,
respectively, as additional sources of service information for the
rework and roller fitting cover plate removal. Service Bulletins
170-50-0006 and 190-50-0006 are currently at Revision 01, dated
March 13, 2007.
Repetitive Inspection for Damage
(h) Repeat the inspection specified in paragraph (g)(3) of this
AD at intervals not to exceed 150 flight cycles.
Report
(i) At the applicable time specified in paragraph (i)(1) or
(i)(2) of this AD: Send EMBRAER a report of any signs of
interference or damage found during each inspection required by
paragraphs (g)(2), (g)(3), and (h) of this AD. The report must
include the inspection results, a description of any discrepancies
found, the airplane serial number, and the number of landings and
flight hours on the airplane. Send the report to EMBRAER, EFTC, AOG
Structure Team; structure@embraer.com.br; fax +55 12 3927 6600,
extension 0484. Under the provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB)
has approved the information collection requirements contained in
this AD and has assigned OMB Control Number 2120-0056.
(1) For any inspection done after the effective date of this AD:
Within 10 days after the inspection.
(2) For any inspection done before the effective date of this
AD: Within 10 days after the effective date of this AD.
Parts Installation
(j) As of the effective date of this AD: No person may install a
roller fitting cover plate on the forward and aft cargo door frames
on any airplane.
Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
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.
Related Information
(l) Brazilian airworthiness directives 2007-03-01 and 2007-03-
02, both effective March 16, 2007, also address the subject of this
AD.
Material Incorporated by Reference
(m) You must use EMBRAER Alert Service Bulletin 170-52-A036,
dated March 12, 2007; or EMBRAER Alert Service Bulletin 190-52-A018,
dated March 12, 2007; as applicable, to perform the actions that are
required by this AD, unless the AD specifies otherwise. The Director
of the Federal Register approves the incorporation by reference of
these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. To get copies of the service information, contact Empresa
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225,
Sao Jose dos Campos--SP, Brazil. You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or 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/cfr/ibr-locations.html
.
Issued in Renton, Washington, on April 17, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-7841 Filed 4-27-07; 8:45 am]
BILLING CODE 4910-13-P