[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Rules and Regulations]
[Pages 19090-19093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05839]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1077; Directorate Identifier 2012-NM-146-AD;
Amendment 39-17384; AD 2013-05-12]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. This AD was prompted
by a report that high rate discharge (HRD) bottle explosive cartridges
of a cargo compartment fire extinguisher system were swapped between
the forward and aft cargo compartments. Additional investigation also
revealed the possibility of swapping between the electrical connectors
of the HRD and low rate discharge (LRD) bottles, and a rotated
installation of the HRD bottle. Improper assembly of the fire
extinguishing bottle might cause the extinguishing agent to be
discharged toward the unselected cargo compartment rather than toward
the cargo compartment with fire. This AD requires an inspection of the
HRD bottle for correct installation and to determine if the pressure
switch is in the correct position, and re-installation if necessary; an
inspection of the HRD and LRD bottle discharge heads to determine the
part number, and replacement if necessary; and, for certain airplanes,
an inspection to identify the HRD and LRD bottle electrical connectors,
and relocation if necessary. We are issuing this AD to prevent the
inability of the fire extinguishing system to suppress fire.
DATES: This AD becomes effective May 3, 2013.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of May 3, 2013.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.
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:
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 October 16, 2012 (77
FR 63272). That NPRM proposed to correct an unsafe condition for the
specified products. The Mandatory Continuing Airworthiness Information
(MCAI) states:
It was found during an inspection of the cargo compartment fire
extinguisher system that High Rate Discharge (HRD) bottle explosive
cartridges were swapped between forward and aft cargo compartments.
Additional investigation has also revealed the possibility of
swapping between the electrical connectors of the HRD and Low Rate
Discharge (LRD) bottles and a rotated installation of the HRD
bottle. Such improper assembly of the fire extinguishing bottle may
cause the extinguishing agent to be discharged toward the unselected
cargo compartment rather than toward the cargo compartment with
fire, resulting in an insufficient concentration of fire
extinguishing agent in the cargo compartment with fire, and
consequent inability of the fire extinguishing system to suppress
fire.
* * * * *
Required actions include an inspection of the HRD bottle for
correct installation and to determine if the pressure switch is in the
correct position, and re-installation if necessary; an inspection of
the HRD and LRD bottle discharge heads to determine the part number and
replacement if necessary; and, for certain airplanes, an inspection to
identify the HRD and LRD bottle electrical connectors, and relocation
if necessary. 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 Refer to Revised Service Information
Embraer requested that we revise the NPRM (77 FR 63272, October 16,
2012) to include the latest revision of the referenced service
information. Embraer also requested that we provide credit for actions
done using the following service bulletins.
Embraer Service Bulletin 170-26-0011, Revision 01, dated
June 19, 2012.
Embraer Service Bulletin 190-26-0011, Revision 01, dated
June 19, 2012.
Embraer Service Bulletin 190LIN-26-0006, Revision 01,
dated June 19, 2012.
We agree to refer to the following service bulletins in this AD as
requested. We have revised paragraphs (c), (g), and (h) of this AD
accordingly.
Embraer Service Bulletin 170-26-0011, Revision 02, dated
October 17, 2012.
Embraer Service Bulletin 190-26-0011, Revision 02, dated
October 17, 2012.
Embraer Service Bulletin 190LIN-26-0006, Revision 02,
dated September 28, 2012.
We have also added new paragraph (i) to this AD (and re-identified
subsequent paragraphs accordingly) to allow credit for actions done
previously using the following service bulletins.
Embraer Service Bulletin 170-26-0011, Revision 01, dated
June 19, 2012.
[[Page 19091]]
Embraer Service Bulletin 190-26-0011, Revision 01, dated
June 19, 2012.
Embraer Service Bulletin 190LIN-26-0006, Revision 01,
dated June 19, 2012.
Request To Clarify the Proposed Applicability for Certain Actions
Embraer requested that we clarify the applicability for paragraphs
(g), (h), and (i) of the NPRM (77 FR 63272, October 16, 2012), for
airplanes subject to Embraer Service Bulletin 190LIN-26-0006, Revision
02, dated September 28, 2012. Embraer stated that Embraer Service
Bulletin 190LIN-26-0006, Revision 02, dated September 28, 2012, applies
only to Model ERJ 190-100 ECJ airplanes, and requested that we revise
paragraphs (g), (h), and (i) of the NPRM, accordingly.
We partially agree. We disagree with revising paragraph (i) of the
NPRM (77 FR 63272, October 16, 2012). Paragraph (i) of the NPRM--now
paragraph (j) of this AD--has no reference to Embraer Service Bulletin
190LIN-26-0006, Revision 02, dated September 28, 2012; therefore, we
have made no change to that paragraph.
We agree that Embraer Service Bulletin 190LIN-26-0006, Revision 02,
dated September 28, 2012, affects only Model ERJ 190-100 ECJ airplanes.
Embraer Service Bulletin 190-26-0011, Revision 02, dated October 17,
2012, does not affect Model ERJ 190-100 ECJ airplanes. We have revised
paragraphs (c), (g), and (h) of this AD accordingly.
Request To Clarify Inspection Requirement
Embraer requested that we clarify that the inspection is for proper
identification of the electrical connectors, rather than for specific
electrical connector part numbers, as specified in the NPRM (77 FR
63272, October 16, 2012). Embraer stated that the electrical connector
identification is not the same as the part number.
We agree to clarify the inspection requirement as requested. We
have revised paragraph (g)(3) of this AD to require the inspection to
identify the HRD and LRD bottle electrical connectors.
Additional Change to NPRM
We have also revised paragraphs (g)(2) and (h)(2) of this AD to
clarify the replacement part.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously and minor editorial
changes. We have determined that these changes:
Are consistent with the intent that was proposed in the
NPRM (77 FR 63272, October 16, 2012) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 63272, October 16, 2012).
Costs of Compliance
We estimate that this AD will affect 163 products of U.S. registry.
We also estimate that it will take about 7 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $96,985, or $595 per product.
In addition, we estimate that any necessary follow-on actions would
take about 1 work-hour and require parts costing $68,588, for a cost of
$68,673 per product. We have no way of determining the number of
products that may need these actions.
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 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 that 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);
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 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 (77 FR 63272, October 16,
2012), 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:
2013-05-12 Embraer S.A.: Amendment 39-17384. Docket No. FAA-2012-
1077; Directorate Identifier 2012-NM-146-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective May 3, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), and (c)(3) 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
[[Page 19092]]
Bulletin 170-26-0011, Revision 02, dated October 17, 2012.
(2) Embraer S.A. Model ERJ 190-100 STD, -100 LR, 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 190-26-0011, Revision 02, dated October 17, 2012.
(3) Embraer S.A. Model ERJ 190-100 ECJ airplanes, certificated
in any category, as identified in Embraer Service Bulletin 190LIN-
26-0006, Revision 02, dated September 28, 2012.
(d) Subject
Air Transport Association (ATA) of America Code 26, Fire
Protection.
(e) Reason
This AD was prompted by a report that high rate discharge (HRD)
bottle explosive cartridges of a cargo compartment fire extinguisher
system were swapped between the forward and aft cargo compartments.
Additional investigation also revealed the possibility of swapping
between the electrical connectors of the HRD and low rate discharge
(LRD) bottles, and a rotated installation of the HRD bottle. We are
issuing this AD to prevent the inability of the fire extinguishing
system to suppress fire.
(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) Inspections and Corrective Actions for Group 1 Airplanes
For airplanes on which Embraer Service Bulletin 170-26-0011,
dated December 1, 2011 (for 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); Embraer Service Bulletin 190-26-0011, dated
December 1, 2011 (for Model ERJ 190-100 STD, -100 LR, and -100 IGW
airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW
airplanes); or Embraer Service Bulletin 190LIN-26-0006, dated
December 1, 2011 (for Model ERJ 190-100 ECJ airplanes); has not been
accomplished as of the effective date of this AD: Within 3,000
flight hours after the effective date of this AD, do the actions
specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD. All
actions must be done in accordance with Part I and Part II, as
applicable, of the Accomplishment Instructions of Embraer Service
Bulletin 170-26-0011, Revision 02, dated October 17, 2012 (for 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); Embraer Service
Bulletin 190-26-0011, Revision 02, dated October 17, 2012 (for Model
ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; and Model ERJ 190-
200 STD, -200 LR, and -200 IGW airplanes); or Embraer Service
Bulletin 190LIN-26-0006, Revision 02, dated September 28, 2012 (for
Model ERJ 190-100 ECJ airplanes).
(1) Do a general visual inspection of the HRD bottle to
determine if it is correctly installed and if the pressure switch is
in the correct position. If the bottle is not correctly installed or
the pressure switch is in the incorrect position, before further
flight, remove and re-install the HRD bottle.
(2) Inspect the HRD and LRD bottle discharge heads to determine
the part number. If the part number of the discharge heads is not
the part number specified in Figure 3 of Embraer Service Bulletin
170-26-0011, Revision 02, dated October 17, 2012 (for 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); Embraer Service
Bulletin 190-26-0011, Revision 02, dated October 17, 2012 (for Model
ERJ 190-100 STD, -100LR, and -100 IGW airplanes; and Model ERJ 190-
200 STD, -200 LR, and -200 IGW airplanes); or Embraer Service
Bulletin 190LIN-26-0006, Revision 02, dated September 28, 2012 (for
Model ERJ 190-100 ECJ airplanes): Before further flight, replace the
discharge bottle with a discharge bottle of the same part number
that has a correct discharge head part number, as shown in Figure 3
of Embraer Service Bulletin 170-26-0011, Revision 02, dated October
17, 2012 (for 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); Embraer Service Bulletin 190-26-0011, Revision 02, dated
October 17, 2012 (for Model ERJ 190-100 STD, -100LR, and -100 IGW
airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW
airplanes); or Embraer Service Bulletin 190LIN-26-0006, Revision 02,
dated September 28, 2012 (for Model ERJ 190-100 ECJ airplanes), as
applicable.
(3) Inspect to identify the HRD and LRD bottle electrical
connectors. If the identification of the HRD or LRD bottle
electrical connectors is not specified in Figure 1 of Embraer
Service Bulletin 170-26-0011, Revision 02, dated October 17, 2012
(for 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); Embraer Service Bulletin 190-26-0011, Revision 02, dated
October 17, 2012 (for Model ERJ 190-100 STD, -100LR, and -100 IGW
airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW
airplanes); or Embraer Service Bulletin 190LIN-26-0006, Revision 02,
dated September 28, 2012 (for Model ERJ 190-100 ECJ airplanes):
Before further flight, relocate the HRD or LRD bottle electrical
connectors by re-routing the electrical harness.
(h) Inspections and Corrective Actions for Group 2 Airplanes
For airplanes on which Embraer Service Bulletin 170-26-0011,
dated December 1, 2011 (for 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); Embraer Service Bulletin 190-26-0011, dated
December 1, 2011 (for Model ERJ 190-100 STD, -100 LR, and -100 IGW
airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW
airplanes); or Embraer Service Bulletin 190LIN-26-0006, dated
December 1, 2011 (for Model ERJ 190-100 ECJ airplanes); has been
accomplished as of the effective date of this AD: Within 3,000
flight hours after the effective date of this AD, do the actions
specified in paragraphs (h)(1) and (h)(2) of this AD. All actions
must be done in accordance with Part III of the Accomplishment
Instructions of Embraer Service Bulletin 170-26-0011, Revision 02,
dated October 17, 2012 (for Model ERJ 170-100 LR, -100 STD, -100
SE., and -100 SU airplanes; and Model ERJ 170-200LR, -200 SU, and -
200 STD airplanes); Embraer Service Bulletin 190-26-0011, Revision
02, dated October 17, 2012 (for Model ERJ 190-100 STD, -100LR, and -
100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW
airplanes); or Embraer Service Bulletin 190LIN-26-0006, Revision 02,
dated September 28, 2012 (for Model ERJ 190-100 ECJ airplanes).
(1) Do a general visual inspection of the HRD bottle to
determine if it is correctly installed and if the pressure switch is
in the correct position. If the bottle is not correctly installed or
the pressure switch is in the incorrect position, before further
flight, remove and re-install the HRD bottle.
(2) Inspect the HRD and LRD bottle discharge heads to determine
the part number. If the part number of the discharge heads is not
the part number specified in Figure 3 of Embraer Service Bulletin
170-26-0011, Revision 02, dated October 17, 2012 (for 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); Embraer Service
Bulletin 190-26-0011, Revision 02, dated October 17, 2012 (for Model
ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; and Model ERJ 190-
200 STD, -200 LR, and -200 IGW airplanes); or Embraer Service
Bulletin 190LIN-26-0006, Revision 02, dated September 28, 2012 (for
Model ERJ 190-100 ECJ airplanes); before further flight, replace the
discharge bottle with a discharge bottle of the same part number
that has a correct discharge head part number, as shown in Figure 3
of Embraer Service Bulletin 170-26-0011, Revision 02, dated October
17, 2012 (for 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); Embraer Service Bulletin 190-26-0011, Revision 02, dated
October 17, 2012 (for Model ERJ 190-100 STD, -100 LR, and -100 IGW
airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW
airplanes); or Embraer Service Bulletin 190LIN-26-0006, Revision 02,
dated September 28, 2012 (for Model ERJ 190-100 ECJ airplanes), as
applicable.
(i) Credit for Previous Actions
This paragraph provides credit for the applicable actions
required by paragraphs (g) and (h) of this AD, if those actions were
performed before the effective date of this AD using the applicable
service bulletins specified in paragraphs (i)(1), (i)(2), and (i)(3)
of this AD.
(1) For 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: Embraer Service Bulletin 170-26-0011, Revision 01, dated
June 19, 2012.
(2) For Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes;
and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes: Embraer
Service Bulletin 190-26-0011, Revision 01, dated June 19, 2012.
[[Page 19093]]
(3) For Model ERJ 190-100 ECJ airplanes: Embraer Service
Bulletin 190LIN-26-0006, Revision 01, dated June 19, 2012.
(j) 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.
(k) Related Information
Refer to MCAI Brazilian Airworthiness Directives 2012-07-01 and
2012-07-02, both effective July 30, 2012, and the service bulletins
identified in paragraphs (k)(1), (k)(2), and (k)(3) of this AD, for
related information.
(1) Embraer Service Bulletin 170-26-0011, Revision 02, dated
October 17, 2012.
(2) Embraer Service Bulletin 190-26-0011, Revision 02, dated
October 17, 2012.
(3) Embraer Service Bulletin 190LIN-26-0006, Revision 02, dated
September 28, 2012.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Embraer Service Bulletin 170-26-0011, Revision 02, October
17, 2012.
(ii) Embraer Service Bulletin 190-26-0011, Revision 02, dated
October 17, 2012.
(iii) Embraer Service Bulletin 190LIN-26-0006, Revision 02,
dated September 28, 2012.
(3) 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.
(4) You may review copies of the 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.
(5) You may view this service information that is incorporated
by reference 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 March 6, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-05839 Filed 3-28-13; 8:45 am]
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