[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Proposed Rules]
[Pages 65144-65146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26263]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1108; Directorate Identifier 2011-NM-283-AD]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. 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
certain Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. This proposed
AD was prompted by reports of failures of the emergency slide on the
forward passenger door, which prevented the door from opening. This
proposed AD would require repetitive re-packing of certain forward door
escape slides. We are proposing this AD to prevent failure of the
emergency slide, preventing the forward passenger door from opening,
which could result in impeded emergency evacuation and possible
subsequent injury to passengers and flightcrew.
DATES: We must receive comments on this proposed AD by December 10,
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 EMBRAER service information identified in this proposed AD,
contact Embraer S.A., 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. For Goodrich service information identified in this
proposed AD, contact Goodrich Corporation, Aircraft Interior Products,
ATTN: Technical Publications, 3414 South Fifth Street, Phoenix, Arizona
85040; telephone 602-243-2270; email [email protected];
Internet http://www.goodrich.com/TechPubs. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. 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 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, WA 98057-3356; telephone (425) 227-2768;
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-2012-1108;
Directorate Identifier 2011-NM-283-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 2011-12-01 and 2011-12-02, both effective
December 27, 2011 (referred to after this as ``the MCAI''), to correct
an unsafe condition for the specified products. MCAI Brazilian
Airworthiness Directive 2011-12-01 states:
During operational checks of escape slide P/N 4A4030-5, some
operators have reported failure in the escape slide preventing the
forward passenger door opening. This [Brazilian] AD is being issued
to prevent failure of this system which could impede an emergency
evacuation and increase the chance of injury to passengers and
flight crew.
* * * * *
MCAI Brazilian Airworthiness Directive 2011-12-02 states:
During scheduled deployment tests of escape slide P/N 104003-2,
some operators have reported failure in the escape slide preventing
the forward passenger door opening. This [Brazilian] AD is being
issued to prevent failure of this system which could impede an
emergency evacuation and increase the chance of injury to passengers
and flight crew.
* * * * *
The required action is repetitive re-packing of certain forward door
escape slides. You may obtain further information by examining the MCAI
in the AD docket.
Relevant Service Information
Goodrich has issued Alert Service Bulletins 4A4030-25A402 and
104003-25A403, both dated June 30, 2011. Embraer S.A. has issued
Section 1 of EMBRAER 170 Maintenance Review Board Report, MRB-1621,
Revision 7, dated November 11, 2010; and Section 1 of EMBRAER 190
Maintenance Review Board Report, MRB-1928, Revision 5, dated November
11, 2010. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.
[[Page 65145]]
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.
Difference Between the Service Information and This Proposed AD
Where Goodrich Alert Service Bulletins 4A4030-25A402 and 104003-
25A403, both dated June 30, 2011, specify that Goodrich Service
Bulletin 25-394 should be accomplished as a prior or concurrent action,
this proposed AD would not require that service bulletin.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 253 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 $85 per
work-hour. Required parts would cost between $435 and $542 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 the proposed AD on U.S.
operators to be between $153,065 and $180,136, or $605 and $712 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 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 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:
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:
Embraer S.A.: Docket No. FAA-2012-1108; Directorate Identifier 2011-
NM-283-AD.
(a) Comments Due Date
We must receive comments by December 10, 2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the airplanes identified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category.
(1) Embraer S.A. 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; equipped with Goodrich escape slides having part number
(P/N) 4A4030-5.
(2) Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 ECJ, and -
100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW
airplanes; equipped with Goodrich escape slides having P/N 104003-2.
(d) Subject
Air Transport Association (ATA) of America Code 25; Equipment/
Furnishings.
(e) Reason
This AD was prompted by reports of failures of the emergency
slide on the forward passenger door, which prevented the door from
opening. We are issuing this AD to prevent failure of the emergency
slide, preventing the forward passenger door from opening, which
could result in impeded emergency evacuation and possible subsequent
injury to passengers and flightcrew.
(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) Repetitive Re-Packing of the Escape Slide
At the applicable compliance times identified in paragraphs
(g)(1) and (g)(2) of this AD, re-pack the forward door escape slide
in accordance with the Accomplishment Instructions of Goodrich Alert
Service Bulletin 4A4030-25A402, dated June 30, 2011 (for Model ERJ
170 airplanes); or Goodrich Alert Service Bulletin 104003-25A403,
dated June 30, 2011 (for Model ERJ 190 airplanes). Repeat the re-
packing thereafter at intervals not to exceed 18 months.
(1) For escape slides that have not been repacked as of the
effective date of this AD: Within 18 months after date of
manufacture of the escape slide or within 6 months after the
effective date of this AD, whichever occurs later.
(2) For escape slides that have been repacked as of the
effective date of this AD: Within 18 months after the last re-pack
of the escape slide or within 6 months after the effective date of
this AD, whichever occurs later.
(h) Method of Compliance
Accomplishing an overhaul of the escape slide as specified in
Task 25-65-01-001, Emergency Evacuation Slide Assembly, of Section 1
of EMBRAER 170 Maintenance Review Board Report, MRB-1621, Revision
7, dated November 11, 2010 (for Model ERJ 170 airplanes); or Section
1 of EMBRAER 190 Maintenance Review Board Report, MRB-1928, Revision
5, dated November 11, 2010 (for Model ERJ 190 airplanes); is
acceptable for compliance with any re-pack required by paragraph (g)
of this AD.
[[Page 65146]]
(i) Other FAA AD Provisions
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. 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,
WA 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.
(j) Related Information
(1) Refer to MCAI Brazilian Airworthiness Directives 2011-12-01
and 2011-12-02, both effective December 27, 2011, and the service
information identified in paragraphs (j)(1)(i) through (j)(1)(iv) of
this AD, for related information.
(i) Section 1 of EMBRAER 170 Maintenance Review Board Report,
MRB-1621, Revision 7, dated November 11, 2010.
(ii) Section 1 of EMBRAER 190 Maintenance Review Board Report,
MRB-1928, Revision 5, dated November 11, 2010.
(iii) Goodrich Alert Service Bulletin 4A4030-25A402, dated June
30, 2011.
(iv) Goodrich Alert Service Bulletin 104003-25A403, dated June
30, 2011.
(2) For EMBRAER service information identified in this AD,
contact Embraer S.A., 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. For Goodrich service information identified in
this AD, contact Goodrich Corporation, Aircraft Interior Products,
ATTN: Technical Publications, 3414 South Fifth Street, Phoenix,
Arizona 85040; telephone 602-243-2270; email
[email protected]; Internet http://www.goodrich.com/TechPubs. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
Issued in Renton, Washington, on October 15, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-26263 Filed 10-24-12; 8:45 am]
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