Airworthiness Directives; Embraer S.A. Airplanes, 72776-72778 [2012-29460]
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<![CDATA[
72776
Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Proposed Rules
Dated: April 25, 2012.
Karen G. Mills,
Administrator.
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.
[FR Doc. 2012–29353 Filed 12–5–12; 8:45 am]
BILLING CODE 8025–01–P
DEPARTMENT OF TRANSPORTATION
Examining the AD Docket
Federal Aviation Administration
You may examine the AD docket on
the Internet at https://
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:
14 CFR Part 39
[Docket No. FAA–2012–1223; Directorate
Identifier 2012–NM–154–AD]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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
https://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 Sao Jose dos
Campos–SP–BRASIL; telephone +55 12
3927–5852 or +55 12 3309–0732; fax
+55 12 3927–7546; email
distrib@embraer.com.br; Internet https://
tkelley on DSK3SPTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
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Jkt 229001
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 https://
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
ˆ
The Agencia Nacional de Aviacao
¸˜
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,
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
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.
E:\FR\FM\06DEP1.SGM
06DEP1
Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Proposed Rules
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
tkelley on DSK3SPTVN1PROD with
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:
VerDate Mar<15>2010
16:34 Dec 05, 2012
Jkt 229001
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.
§ 39.13
[Amended]
2. The FAA amends § 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).
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Fmt 4702
Sfmt 4702
72777
(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: 9ANM-116-AMOC-REQUESTS@faa.gov.
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.
E:\FR\FM\06DEP1.SGM
06DEP1
72778
Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Proposed Rules
(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 Sao
Jose dos Campos—SP—BRASIL; telephone
+55 12 3927–5852 or +55 12 3309–0732; fax
+55 12 3927–7546; email
distrib@embraer.com.br; Internet https://
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.
[FR Doc. 2012–29460 Filed 12–5–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0880; Directorate
Identifier 2012–CE–004–AD]
RIN 2120–AA64
Airworthiness Directives; Cessna
Aircraft Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
AGENCY:
We are revising an earlier
proposed airworthiness directive (AD)
for certain Cessna Aircraft Company
(Cessna) Model 525 airplanes equipped
with certain part number (P/N) air
conditioning (A/C) compressor motors.
That NPRM proposed to require
inspection of the number of hours on
the A/C compressor hour meter,
inspection of the logbook, and
replacement of the brushes on certain P/
N A/C compressor motors or
deactivation of the A/C system until
replacement of the brushes and also
require reporting of aircraft information
related to the replacement of the
brushes. That NPRM was prompted by
reports of smoke and/or fire in the
tailcone caused by brushes wearing
beyond their limits on the A/C motor.
This action revises that NPRM by
providing correct steps for deactivation
of the A/C compressor motor. We are
tkelley on DSK3SPTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
16:34 Dec 05, 2012
Jkt 229001
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
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.
Examining the AD Docket
Issued in Renton, Washington, on
November 29, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
proposing this supplemental NPRM to
correct the unsafe condition on these
products. Since these actions impose an
additional burden over that proposed in
the NPRM, we are reopening the
comment period to allow the public the
chance to comment on these proposed
changes.
DATES: We must receive comments on
this supplemental NPRM by January 22,
2013.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Actions Since Previous NPRM Was
Issued
Since we issued the previous NPRM
(77 FR 50644, August 22, 2012), we
identified revised steps for deactivation
of the A/C compressor motor.
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility 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 Office
(phone: 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Christine Abraham, Aerospace Engineer,
Wichita Aircraft Certification Office,
FAA, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; phone: (316)
946–4165; fax: (316) 946–4107; email:
WICHITA-COS@FAA.GOV.
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–2012–0880; Directorate Identifier
2012–CE–004–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
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Frm 00016
Fmt 4702
Sfmt 4702
Discussion
We issued an NPRM to amend 14 CFR
part 39 to include an AD that would
apply to certain Cessna Airplane
Company Model 525 airplanes equipped
with certain P/N A/C compressor
motors. That NPRM published in the
Federal Register on August 22, 2012 (77
FR 50644). That NPRM proposed to
require inspection of the number of
hours on the A/C compressor hour
meter, inspection of the logbook, and
replacement of the brushes on certain P/
N A/C compressor motors or
deactivation of the A/C system until
replacement of the brushes and also
require reporting of aircraft information
related to the replacement of the
brushes.
Comments
We gave the public the opportunity to
comment on the previous NPRM (77 FR
50644, August 22, 2012). The following
presents the comments received on the
NPRM and the FAA’s response to each
comment.
Request Task State Current
Maintenance Manual Revision or
Following Revision 23 or Greater
Timothy Garroutte requested the FAA
state current manual revision or
following revision 23 or greater instead
of using a specific revision of the
maintenance manual. Garroutte
reasoned that using an exact manual
revision number and date in the AD will
cause issues in the future because the
manual will be revised again with a new
date. If a specific revision is identified
in the AD, the airplane mechanic will
need to call Cessna Aircraft Company or
the FAA to figure out what to do once
the manual gets a revision higher than
23.
We disagree with the request to state
current manual revision or following
revision 23 or greater. The
Airworthiness Directives Manual, FAA–
E:\FR\FM\06DEP1.SGM
06DEP1
]]>Agencies
[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Proposed Rules]
[Pages 72776-72778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29460]
=======================================================================
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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 https://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 distrib@embraer.com.br; Internet https://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 https://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 https://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: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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 distrib@embraer.com.br; Internet https://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]
BILLING CODE 4910-13-P
