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 January 13, 2011 (76 FR 2279). That NPRM proposed to correct an unsafe condition for the specified products. MCAI Brazilian Airworthiness Directive 2009-11-01 states:
It has been reported during operational checks that some failures of the Escape Slide P/N [part number] 4A4030-2 and P/N 4A4030-4 installed on the forward passenger and service door have occurred which prevented the door from opening.
Since this condition * * * could delay an emergency evacuation and increase the chance of injury to passengers and flight crew, a corrective action is required.
MCAI Brazilian Airworthiness Directive 2009-08-02 states:
It has been reported during operational checks some failures in the deployment of the Escape Slide P/N 104003-1 installed inthe forward passenger and service door, preventing the door opening.
Since this condition * * * could impede an emergency evacuation and increase the chance of injury to passengers and flight crew, a corrective action is required.
The required actions include modifying the escape slides of the forward passenger and service doors, and doing borescope inspections for damage of the aspirator body and inlet cross valve. Corrective actions include replacing the aspirator body. 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 considered the comments received.
Request To Delay the AD
Goodrich requested that issuance of this AD be delayed until further notice pending completion of their ongoing investigations into the root cause of additional door stall events. The commenter anticipates that a reduced overhaul cycle might be required to mitigate future occurrences until a complete and final action is developed.
We disagree with the request to delay the AD. To delay this action would be inappropriate, in light of the identified unsafe condition. We might consider additional rulemaking action, however, if we receive new information indicating the need to change the AD. We have not changed the AD in this regard.
Request To Expand the Applicability of the AD
EMBRAER requested that post-modification part number (P/N) 4A4030-5 for the ERJ 170, and P/N 104003-2 for the ERJ 190, be included in the Applicability, Actions, and Parts Installation paragraphs of the NPRM (paragraphs (c), (g), and (i) respectively). The commenter made this request in response to reports of door stall caused by the forward escape slide of those part numbers post-modification using the version of the Goodrich service information cited in the NPRM.
We disagree with the request to add the part numbers. While we are aware of the reports of door stall caused by the forward escape slides with those other parts that had been modified per the Goodrich service information cited in the NPRM, we understand that the root cause of the door stall is still under investigation, as mentioned by the previous commenter. Further, we choose to not delay issuance of the AD as mentioned previously, because the known unsafe condition exists on the part numbers specified in the NPRM. When that investigation is complete we might take further rulemaking action. We have not changed the AD in this regard.
Conclusion
We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD as proposed.
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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 toensure 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.
Costs of Compliance
We estimate that this AD will affect about 236 products of U.S. registry. We also estimate that it will take about 12 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $0 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $240,720, or $1,020 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 determinedthat 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: