[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Proposed Rules]
[Pages 11013-11016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04256]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0059; Directorate Identifier 2013-NM-075-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 supersede Airworthiness Directive (AD) 2012-07-
08, for all Embraer S.A. Model ERJ 170 airplanes. AD 2012-07-08
currently requires revising the Airworthiness Limitations Section (ALS)
of the Instructions for Continued Airworthiness (ICA) to incorporate
new structural inspection requirements. Since we issued AD 2012-07-08,
we have determined that more restrictive maintenance requirements and
airworthiness limitations are necessary. This proposed AD would require
revising the maintenance or inspection program to incorporate new
inspections. We are proposing this AD to detect and correct fatigue
cracking of structural components, which could result in reduced
structural integrity of the airplane.
DATES: We must receive comments on this proposed AD by April 14, 2014.
ADDRESSES: You may send comments by any of the following methods:
[[Page 11014]]
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 view this 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 by searching for and locating Docket No. FAA-2014-
0059; 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: Kathrine Rask, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-2180;
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-2014-0059;
Directorate Identifier 2013-NM-075-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
On March 29, 2012, we issued AD 2012-07-08, Amendment 39-17014 (77
FR 24342, April 24, 2012). AD 2012-07-08 requires actions intended to
address an unsafe condition on all EMBRAER S.A. Model ERJ 170
airplanes. (AD 2012-07-08 superseded AD 2010-11-13, Amendment 39-16318
(75 FR 30284, June 1, 2010)).
Since we issued AD 2012-07-08, Amendment 39-17014 (77 FR 24342,
April 24, 2012), the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC), which is the aviation authority for Brazil, has issued
Brazilian Airworthiness Directive 2012-10-01, effective October 29,
2012 (referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
This [Brazilian] AD results from a new revision to the
Airworthiness Limitations Section (ALS) of Embraer ERJ 170
Maintenance Review Board Report (MRBR 1621), to include new or
modification of the current tasks and its respective thresholds and
intervals. Failure to inspect these structural components, according
to the new or revised tasks, thresholds and intervals, could prevent
a timely detection of fatigue cracking. These cracks, if not
properly addressed, could adversely affect the structural integrity
of the airplane.
The required action is revising the maintenance or inspection program
to incorporate new structural inspection requirements. You may examine
the MCAI in the AD docket on the Internet at http://regulations.gov by
searching for and locating it in Docket No. FAA-2014-0059.
Relevant Service Information
EMBRAER has issued Part 2--Airworthiness Limitation Inspection
(ALI)--Structures, of Appendix A, Airworthiness Limitations of the
EMBRAER 170 Maintenance Review Board MRB-1621, Revision 8, dated August
20, 2012. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.
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.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(k) of this proposed AD. The request should include a description of
changes to the required inspections that will ensure the continued
operational safety of the airplane.
This proposed AD would retain only certain paragraphs from AD 2012-
07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012). Because all of
the paragraphs in AD 2012-07-08 are not included in this proposed AD,
the organization of the retained paragraphs was changed.
Costs of Compliance
We estimate that this proposed AD affects 171 products of U.S.
registry.
The actions that are required by AD 2012-07-08, Amendment 39-17014
(77 FR 24342, April 24, 2012), and retained in this proposed AD take
about 1 work-hour per product, at an average labor rate of $85 per
work-hour. Required parts cost about $0 per product. Based on these
figures, the estimated cost of the actions that were required by AD
2012-07-08 is $85 per product.
We also estimate that it would take about 1 work-hour 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. Based on these figures, we estimate the cost of this proposed
AD on U.S. operators to be $14,535, or $85 per product.
[[Page 11015]]
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.
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
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 removing Airworthiness Directive (AD)
2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012), and
adding the following new AD:
Embraer S.A.: Docket No. FAA-2014-0059; Directorate Identifier 2013-
NM-075-AD.
(a) Comments Due Date
We must receive comments by April 14, 2014.
(b) Affected ADs
This AD supersedes AD 2012-07-08, Amendment 39-17014 (77 FR
24342, April 24, 2012).
(c) Applicability
This AD applies to 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; all
manufacturer serial numbers.
(d) Subject
Air Transport Association (ATA) of America Code 52, Doors; Code
53, Fuselage; Code 54, Nacelles/Pylons; Code 55 Stabilizers; Code
57, Wings; Code 71 Powerplant; and Code 78, Exhaust.
(e) Reason
This AD was prompted by a determination that more restrictive
maintenance requirements and airworthiness limitations are
necessary. We are issuing this AD to detect and correct fatigue
cracking of structural components, which could result in reduced
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Maintenance Program Revision
This paragraph restates the action required by paragraph (i) of
AD 2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012).
(1) Within 60 days after May 29, 2012 (the effective date of AD
2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012)):
Revise the maintenance program to incorporate the new or revised
tasks specified in Part 2--Airworthiness Limitation Inspection
(ALI)--Structures, of Appendix A, Airworthiness Limitations, of the
EMBRAER 170 MRBR, MRB-1621, Revision 7, dated November 11, 2010; and
EMBRAER Temporary Revision (TR) 7-1, dated February 11, 2011, to
Part 2--Airworthiness Limitation Inspection (ALI)--Structures, of
Appendix A, Airworthiness Limitations, of the EMBRAER 170 MRBR, MRB-
1621, Revision 7; with the initial compliance times and intervals
specified in these documents.
(2) The initial compliance times for the tasks start from the
date of issuance of the original Brazilian airworthiness certificate
or the date of issuance of the original Brazilian export certificate
of airworthiness of the applicable airplane at the applicable time
specified in the tasks, or within 600 flight cycles after revising
the maintenance program, whichever occurs later. For certain tasks,
the compliance times depend on the pre-modification and post-
modification status of the actions specified in the associated
service bulletin, as specified in the ``Applicability'' column of
Part 2--Airworthiness Limitation Inspection (ALI)--Structures, of
Appendix A, Airworthiness Limitations, of the EMBRAER 170 MRBR, MRB-
1621, Revision 7, dated November 11, 2010; and EMBRAER Temporary
Revision 7-1, dated February 11, 2011, to Part 2--Airworthiness
Limitation Inspection (ALI)--Structures, of Appendix A,
Airworthiness Limitations of the EMBRAER 170 MRBR, MRB-1621,
Revision 7.
(h) Retained No Alternative Actions, Intervals, and/or Critical Design
Configuration Control Limitations (CDCCLs)
This paragraph restates the actions required by paragraph (j) of
AD 2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012).
After accomplishing the revision required by paragraph (g) of this
AD, no alternative actions (e.g., inspections), intervals, and/or
CDCCLs may be used other than those specified in Part 2--
Airworthiness Limitation Inspection (ALI)--Structures, of Appendix
A, Airworthiness Limitations, of the EMBRAER 170 MRBR, MRB-1621,
Revision 7, dated November 11, 2010; and EMBRAER Temporary Revision
7-1, dated February 11, 2011, to Part 2--Airworthiness Limitation
Inspection (ALI)--Structures, of Appendix A, Airworthiness
Limitations of the EMBRAER 170 MRBR, MRB-1621, Revision 7; unless
the actions or intervals are approved as an alternative method of
compliance (AMOC), in accordance with the procedures specified in
paragraph (k)(1) of this AD, except as required by paragraph (i) of
this AD.
(i) New Revision of Maintenance or Inspection Program
Within 60 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
information specified in Part 2--Airworthiness Limitation Inspection
(ALI)--Structures, of Appendix A, Airworthiness Limitations of the
EMBRAER 170 Maintenance Review Board Report, MRB-1621, Revision 8,
dated August 20, 2012. The initial compliance times for the tasks
are at the applicable times specified in Part 2--Airworthiness
Limitation Inspection (ALI)--Structures, of Appendix A,
Airworthiness Limitations of the EMBRAER 170 Maintenance Review
Board Report, MRB-1621, Revision 8, dated August 20, 2012, or within
60 days after the effective date of this AD, whichever occurs later.
Accomplishing the requirements of this paragraph terminates the
requirements of paragraph (g) of this AD.
(j) No Alternative Actions or Intervals
After accomplishing the revision required by paragraph (i) of
this AD, no alternative actions (e.g., inspections) or intervals may
be used unless the actions or intervals are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (k) of this AD.
[[Page 11016]]
(k) 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: Kathrine
Rask, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-2180; 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, use these actions if they
are FAA-approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or the Design Approval Holder with a State of
Design Authority's design organization approval), as applicable. You
are required to ensure the product is airworthy before it is
returned to service.
(l) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
Brazilian Airworthiness Directive 2012-10-01, effective October 29,
2012, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2014-0059.
(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 view this 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 February 14, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-04256 Filed 2-26-14; 8:45 am]
BILLING CODE 4910-13-P