[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Proposed Rules]
[Pages 72776-72778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29460]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1223; Directorate Identifier 2012-NM-154-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 the cockpit door falling off the hinges
when it is being open or closed. This proposed AD would require
replacing the striker and quick-release pin of the passive lock of the
cockpit door, and replacing the upper and lower hinges of the cockpit
door. We are proposing this AD to prevent the cockpit door from falling
off the hinges, which could cause injury to airplane occupants.
DATES: We must receive comments on this proposed AD by January 22,
2013.
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 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. 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-2012-1223;
Directorate Identifier 2012-NM-154-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 2012-08-02 and 2012-08-03, both effective
September 5, 2012 (referred to after this as ``the MCAI''), to correct
an unsafe condition for the specified products. The MCAI states:
This [ANAC] AD was prompted by reports of cockpit door falling
off the hinges when it is being opened or closed. If not corrected,
this condition may cause injury to the occupants.
* * * * *
Required actions include replacement of the passive lock striker,
quick-release pin, and upper and lower hinges of the cockpit door. You
may obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
Embraer has issued the following service bulletins to correct the
unsafe condition identified in the MCAI. The actions described in the
following service information are intended to correct the unsafe
condition identified in the MCAI.
EMBRAER Service Bulletin 170-52-0055, Revision 01, dated
August 1, 2011 (for Model ERJ 170 airplanes).
EMBRAER Service Bulletin 190-52-0038, Revision 01, dated
August 1, 2011 (for Model ERJ 190 airplanes except for Model ERJ 190-
100 ECJ airplanes).
EMBRAER Service Bulletin 190LIN-52-0020, dated August 1,
2011 (for Model ERJ 190-100 ECJ airplanes).
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.
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 6 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 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 the proposed AD on U.S. operators to
be $129,030, or $510 per product.
[[Page 72777]]
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-2012-1223; Directorate Identifier 2012-
NM-154-AD.
(a) Comments Due Date
We must receive comments by January 22, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the airplanes identified in paragraphs (c)(1)
and (c)(2) of this AD.
(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; certificated in any category; as identified in EMBRAER
Service Bulletin 170-52-0055, Revision 01, dated August 1, 2011.
(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; certificated in any category; as identified in EMBRAER
Service Bulletin 190-52-0038, Revision 01, dated August 1, 2011; and
EMBRAER Service Bulletin 190LIN-52-0020, dated August 1, 2011.
(d) Subject
Air Transport Association (ATA) of America Code 52, Doors.
(e) Reason
This AD was prompted by reports of the cockpit door falling off
the hinges when it is being open or closed. We are proposing this AD
to prevent the cockpit door from falling off the hinges, which could
cause injury to airplane occupants.
(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) Required Actions and Compliance Time
Within 1,500 flight hours after the effective date of this AD,
do the actions specified in paragraphs (g)(1) and (g)(2) of this AD.
(1) Replace the striker and quick-release pin of the passive
lock of the cockpit door, in accordance with Part I of the
Accomplishment Instructions of the applicable service bulletin
specified in paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of this
AD.
(i) EMBRAER Service Bulletin 170-52-0055, Revision 01, dated
August 1, 2011 (for Model ERJ 170 airplanes).
(ii) EMBRAER Service Bulletin 190-52-0038, Revision 01, dated
August 1, 2011 (for Model ERJ 190 airplanes except for Model ERJ
190-100 ECJ airplanes).
(iii) EMBRAER Service Bulletin 190LIN-52-0020, dated August 1,
2011 (for Model ERJ 190-100 ECJ airplanes).
(2) Replace the cockpit door upper and lower hinges in
accordance with Part III of the Accomplishment Instructions of the
applicable service bulletin specified in paragraph (g)(2)(i),
(g)(2)(ii), or (g)(2)(iii) of this AD.
(i) EMBRAER Service Bulletin 170-52-0055, Revision 01, dated
August 1, 2011 (for Model ERJ 170 airplanes).
(ii) EMBRAER Service Bulletin 190-52-0038, Revision 01, dated
August 1, 2011 (for Model ERJ 190 airplanes except for Model ERJ
190-100 ECJ airplanes).
(iii) EMBRAER Service Bulletin 190LIN-52-0020, dated August 1,
2011 (for Model ERJ 190-100 ECJ airplanes).
(h) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g)(1) of this AD, if those actions were performed before the
effective date of this AD using EMBRAER Service Bulletin 170-52-
0055, dated February 10, 2011 (for Model ERJ 170 airplanes); or
EMBRAER Service Bulletin 190-52-0038, dated February 10, 2011 (for
Model ERJ 190 airplanes except for Model ERJ 190-100 ECJ airplanes);
which are not incorporated by reference in this AD.
(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, 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 2012-08-02
and 2012-08-03, both effective September 5, 2012, and the service
bulletins identified in paragraphs (j)(1)(i), (j)(1)(ii), and
(j)(1)(iii) of this AD, for related information.
[[Page 72778]]
(i) EMBRAER Service Bulletin 170-52-0055, Revision 01, dated
August 1, 2011.
(ii) EMBRAER Service Bulletin 190-52-0038, Revision 01, dated
August 1, 2011.
(iii) EMBRAER Service Bulletin 190LIN-52-0020, dated August 1,
2011.
(2) For 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. 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 November 29, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-29460 Filed 12-5-12; 8:45 am]
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