Airworthiness Directives; Embraer S.A. Airplanes, 75911-75915 [2012-30916]

Download as PDF Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Proposed Rules GA 31402–2206; telephone 800–810–4853; fax 912–965–3520; email pubs@gulfstream.com; Internet http:// www.gulfstream.com/product_support/ technical_pubs/pubs/index.htm. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on December 17, 2012. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012–31036 Filed 12–21–12; 4:15 pm] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2012–1230; Directorate Identifier 2011–NM–107–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 supersede an existing airworthiness directive (AD) that applies to certain Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. The existing AD currently requires, for certain airplanes, repetitively replacing the low-stage check valve and associated seals of the right hand (RH) engine’s engine bleed system with a new check valve and new seals, replacing the low pressure check valves (LPCV), and revising the maintenance program. For certain other airplanes, the existing AD requires replacing a certain low-stage check valve with an improved low-stage check valve. Since we issued that AD, we have received reports of uncommanded engine shutdowns on both Model ERJ 170 and ERJ 190 airplanes due to excessive wear and failure of LPCVs having certain part numbers. This proposed AD would also, for certain airplanes, require replacing certain LPCVs of the left-hand (LH) and RH engines, which would be an option for other airplanes. We are proposing this AD to prevent the possibility of a dual engine in-flight shutdown due to LPCV failure. DATES: We must receive comments on this proposed AD by February 11, 2013. ebenthall on DSK5TPTVN1PROD with SUMMARY: VerDate Mar<15>2010 06:27 Dec 22, 2012 Jkt 229001 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 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 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. ADDRESSES: 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: 75911 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 June 23, 2010, we issued AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010). That AD required actions intended to address an unsafe condition on Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. Since we issued AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010), there have been occurrences of uncommanded engine shutdowns on both Model ERJ 170 and Model ERJ 190 airplanes due to excessive wear and failure of LPCVs having part number 1001447–3 and 1001447–4. Both engines of the airplanes have the same valves, which leads to the possibility of a dual engine in-flight shutdown due to LPCV failure. ˆ The Agencia Nacional de Aviacao Civil ¸˜ (ANAC), which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directives 2005–09–03R3 and 2006–11–01R6, both effective May 30, 2011 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI for Embraer S.A. Model ERJ 170 airplanes states: It has been found the occurrence of an engine in-flight shutdown * * * caused by the LPCV [low pressure check valves] failure P/N [part number] 1001447–3 with 3,900 Flight Hours (FH) installed on ERJ–170. This valve failed [to] open due [to] excessive wear. [I]t was found the occurrence of an engine shutdown on-ground, caused by the LPCV failure P/N 1001447–4 with 1,802 FH installed on ERJ–190 failed due [to] low cycle fatigue. Since the behavior of a valve P/N 1001447–4 removed from ERJ–190 is unknown on ERJ–170 and the P/N 1001447– 4 is common between ERJ–170 and ERJ–190 airplane fleet, an action is necessary to prevent the installation, in ERJ–170 airplanes, of LPCVs P/N 1001447–4 previously installed in ERJ–190 airplanes. 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–2012–1230; Directorate Identifier 2011–NM–107–AD’’ at the beginning of your comments. We specifically invite It has been found the occurrence of an engine in-flight shutdown * * * caused by the LPCV failure P/N [part number] 1001447– 3 with 3,900 Flight Hours (FH) installed on ERJ–170. This valve failed [to] open due [to] excessive wear. [I]t was found the occurrence of an engine shutdown on-ground, caused by PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 * * * * The MCAI for Embraer S.A. Model ERJ 190 airplanes states: E:\FR\FM\26DEP1.SGM 26DEP1 75912 Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Proposed Rules the LPCV failure P/N 1001447–4 with 1,802 FH installed on ERJ–190 failed due [to] low cycle fatigue. Since the behavior of a valve P/N 1001447–4 removed from ERJ–170 is unknown on ERJ–190 and the P/N 1001447– 4 is common between ERJ–170 and ERJ–190 airplane fleet, an action is necessary to prevent the installation, in ERJ–190 airplanes, of LPCVs P/N 1001447–4 previously installed in ERJ–170 airplanes. * * * * * The unsafe condition is the possibility of a dual engine in-flight shutdown due to LPCV failure. The required actions include retaining the actions required by AD 2010–14–14, Amendment 39– 16359 (75 FR 42585, July 22, 2010), and include, for certain airplanes, replacing the LPCVs of LH and RH engines, which would be an option for certain other airplanes. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information EMBRAER has issued the following service information, which is intended to correct the unsafe condition identified in the MCAI. • EMBRAER 170 Maintenance Review Board Report, MRB–1621, Revision 7, dated November 11, 2010. • EMBRAER Service Bulletin 190LIN–36–0004, dated December 23, 2009. Changes to AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010) Paragraphs (j)(11) through (j)(14) of AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010), have been redesignated as paragraphs (o)(1) through (o)(4) of this proposed AD. 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 We estimate that this proposed AD affects 253 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: ESTIMATED COSTS Number of U.S.-registered airplanes Action Labor cost Cost per product Replacement of RH check valves on Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU airplanes (retained actions from existing AD 2010–14–14 (75 FR 42585, July 22, 2010)). Replacement of LH check valves on Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes (retained actions from existing AD 2010–14– 14 (75 FR 42585, July 22, 2010)). Replacement of LPCVs with P/N 1001447–6 (new proposed action). Revision of maintenance program (new proposed action). 3 work-hours × $85 per hour = $255 per replacement cycle. $255 per replacement cycle. 55 $14,025 per replacement cycle. 3 work-hours × $85 per hour = $255 per replacement cycle. $255 per replacement cycle. 75 $19,125 per replacement cycle. 2 work-hours × $85 per hour = $170. 1 work-hour × $85 per hour = $85. $170 ............................. 253 $43,010. $85 ............................... 253 $21,505. ebenthall on DSK5TPTVN1PROD with Authority for This Rulemaking Regulatory Findings 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. 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. VerDate Mar<15>2010 06:27 Dec 22, 2012 Jkt 229001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 Cost on U.S. operators 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. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing airworthiness directive (AD) 2010–14–14, Amendment 39–16359 (75 E:\FR\FM\26DEP1.SGM 26DEP1 Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Proposed Rules FR 42585, July 22, 2010), and adding the following new AD: Embraer S.A.: Docket No. FAA–2012–1230; Directorate Identifier 2011–NM–107–AD. (a) Comments Due Date We must receive comments by February 11, 2013. (b) Affected ADs This AD supersedes AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010), which superseded AD 2007–16–09, Amendment 39–15148 (72 FR 44734, August 9, 2007). AD 2007–16–09 superseded AD 2005–23–14, Amendment 39–14372 (70 FR 69075, November 14, 2005). (c) Applicability This AD applies to Embraer S.A. Model ERJ 170–100 LR, –100 STD, –100 SE., and –100 SU airplanes; Model ERJ 170–200 LR, –200 SU, and –200 STD airplanes; 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; having Hamilton Sundstrand low pressure check valve (LPCV) part number (P/N) 1001447–3 or 1001447–4. (d) Subject Air Transport Association (ATA) of America Code 36, Pneumatic. (e) Reason This AD was prompted by reports of uncommanded engine shutdowns on both Model ERJ 170 and ERJ 190 airplanes due to excessive wear and failure of LPCVs having certain part numbers. We are issuing this AD to prevent the possibility of a dual engine inflight shutdown due to LPCV failure. ebenthall on DSK5TPTVN1PROD with (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) Retained Replacement for Right-Hand (RH) Engine on Model ERJ 170–100 LR, –100 STD, –100 SE., and –100 SU Airplanes This paragraph restates the requirements of paragraph (f) of AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010). For Model ERJ 170–100 LR, –100 STD, –100 SE, and –100 SU airplanes equipped with LPCVs having P/N 1001447–3: Within 100 flight hours after November 29, 2005 (the effective date of AD 2005–23–14, Amendment 39– 14372 (70 FR 69075, November 14, 2005)), or prior to the accumulation of 3,000 total flight hours, whichever occurs later, replace the low-stage check valve and associated seals of the RH engine’s engine bleed system with a new check valve and new seals, in accordance with the Accomplishment Instructions of EMBRAER Alert Service Bulletin 170–36–A004, dated September 28, 2005; or paragraph 3.C. of the Accomplishment Instructions of EMBRAER Service Bulletin 170–36–0004, dated November 18, 2005, or Revision 01, dated March 10, 2008. As of August 26, 2010 (the effective date of AD 2010–14–14), only use EMBRAER Service Bulletin 170–36–0004, VerDate Mar<15>2010 06:27 Dec 22, 2012 Jkt 229001 Revision 01, dated March 10, 2008, for the actions required by this paragraph. Repeat the replacement thereafter at intervals not to exceed 3,000 flight hours. (h) Retained Provision for Removed Check Valves This paragraph restates the provision specified in paragraph (g) of AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010). Although EMBRAER Alert Service Bulletin 170–36–A004, dated September 28, 2005, specifies to send removed check valves to the manufacturer, this AD does not include that requirement. (i) Retained Replacement for Left-Hand (LH) Engine on All Model ERJ 170 Airplanes This paragraph restates requirements of paragraph (h) of AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010). For Model ERJ 170–100 LR, –100 STD, –100 SE., –100 SU, –200 LR, –200 STD, and –200 SU airplanes equipped with LPCVs having P/N 1001447–3: Within 300 flight hours after September 13, 2007 (the effective date of AD 2007–16–09, Amendment 39– 15148 (72 FR 44734, August 9, 2007)), or prior to the accumulation of 3,000 total flight hours, whichever occurs later, replace the low-stage check valve and associated seals of the LH engine’s engine bleed system with a new check valve and new seals, in accordance with paragraph 3.B. of the Accomplishment Instructions of EMBRAER Service Bulletin 170–36–0004, dated November 18, 2005; or Revision 01, dated March 10, 2008. As of August 26, 2010 (the effective date of AD 2010–14–14), only use EMBRAER Service Bulletin 170–36–0004, Revision 01, dated March 10, 2008. Repeat the replacement thereafter at intervals not to exceed 3,000 flight hours. (j) Retained Provision for Removed Check Valves in Accordance With Other Service Bulletin This paragraph restates the provision specified in paragraph (i) of AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010). Although EMBRAER Service Bulletin 170–36–0004, dated November 18, 2005, specifies to send removed check valves to the manufacturer, this AD does not include that requirement. (k) Retained Actions and Compliance With Revised Service Information This paragraph restates the requirements of paragraph (j) of AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010), with revised service information for paragraphs (k)(3), (k)(7), and (k)(8) of this AD. Unless already done, do the following actions. (1) For Model ERJ 170–200 LR, –200 STD, and –200 SU airplanes equipped with LPCV having P/N 1001447–3: Within 100 flight hours after August 26, 2010 (the effective date of AD 2010–14–14, Amendment 39– 16359 (75 FR 42585, July 22, 2010)), or prior to the accumulation of 3,000 total flight hours, whichever occurs later, replace the low-stage check valve and associated seals of the RH engine’s engine bleed system with a new check valve and new seals, in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 75913 170–36–0004, Revision 01, dated March 10, 2008. Repeat the replacement thereafter at intervals not to exceed 3,000 flight hours. (2) For Model ERJ 170–100 LR, –100 STD, –100 SE., –100 SU, –200 LR, –200 STD, and –200 SU airplanes equipped with LPCV having P/N 1001447–3: Replacing the LPCV having P/N 1001447–3 with a new one having P/N 1001447–4, in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 170–36–0011, Revision 02, dated July 19, 2007, terminates the repetitive replacements required by paragraphs (g), (i), and (k)(1) of this AD. (3) For Model ERJ 170–100 LR, –100 STD, –100 SE., –100 SU, –200 LR, –200 STD, and –200 SU airplanes equipped with LPCV having P/N 1001447–3, at the earlier of the times specified in paragraphs (k)(3)(i) and (k)(3)(ii) of this AD, revise the maintenance program to include maintenance Task 36–11– 02–002 (Low Stage Bleed Check Valve), specified in Section 1 of the EMBRAER 170 Maintenance Review Board Report (MRBR), MRB–1621, Revision 6, dated January 14, 2010; or Revision 7, dated November 11, 2010. Thereafter, except as provided by paragraph (q) of this AD, no alternative inspection intervals may be approved for the task. (i) Within 180 days after accomplishing paragraph (k)(2) of this AD. (ii) Before any LPCV having P/N 1001447– 4 accumulates 3,000 total flight hours, or within 300 flight hours after August 26, 2010 (the effective date of AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010)), whichever occurs later. (4) For Model ERJ 170–100 LR, –100 STD, –100 SE., –100 SU, –200 LR, –200 STD, and –200 SU airplanes equipped with LPCV having P/N 1001447–3: As of August 26, 2010 (the effective date of the effective date of AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010)), no person may install any LPCV identified in paragraph (k)(4)(i) or (k)(4)(ii) of this AD on any airplane. (i) Any LPCV having P/N 1001447–3, installed on Model ERJ–170 airplanes, that has accumulated more than 3,000 total flight hours. (ii) Any LPCV having P/N 1001447–3, installed on Model ERJ–170 and ERJ–190 airplanes, that has accumulated 3,000 or more total flight hours. To calculate the equivalent number of flight hours for a LPCV having P/N 1001447–3 that was installed on a Model ERJ–190 airplane to be installed on a Model ERJ–170 airplane, the flight hours accumulated in operation on ERJ–190 models must be multiplied by a factor of 2 (100 percent). (5) For Model ERJ 190–100 ECJ, –100 LR, –100 IGW, –100 STD, –200 STD, –200 LR, and –200 IGW airplanes: Within 100 flight hours after August 26, 2010 (the effective date of AD 2010–14–14, Amendment 39– 16359 (75 FR 42585, July 22, 2010)), replace all LPCVs having P/N 1001447–3 that have accumulated 1,500 total flight hours or more as of August 26, 2010 (the effective date of AD 2010–14–14), with a new or serviceable LPCV having P/N 1001447–4 that has accumulated less than 2,000 total flight hours since new or since overhaul, in accordance E:\FR\FM\26DEP1.SGM 26DEP1 ebenthall on DSK5TPTVN1PROD with 75914 Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Proposed Rules with the Accomplishment Instructions of EMBRAER Service Bulletin 190–36–0006, Revision 01, dated July 19, 2007. (6) For Model ERJ 190–100 ECJ, –100 LR, –100 IGW, –100 STD, –200 STD, –200 LR, and –200 IGW airplanes: Replace all LPCVs having P/N 1001447–3 that have accumulated less than 1,500 total flight hours as of August 26, 2010 (the effective date of AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010)), before the LPCV accumulates 1,500 total flight hours or within 100 flight hours after August 26, 2010 (the effective date of AD 2010–14–14), whichever occurs later. Replace that LPCV with a new or serviceable LPCV having P/N 1001447–4 that has accumulated less than 2,000 total flight hours since new or since overhaul, in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 190–36–0006, Revision 01, dated July 19, 2007. (7) For Model ERJ 190–100 ECJ, –100 LR, –100 IGW, –100 STD, –200 STD, –200 LR, and –200 IGW airplanes: Within 200 flight hours after August 26, 2010 (the effective date of AD 2010–14–14, Amendment 39– 16359 (75 FR 42585, July 22, 2010)), or before any LPCV having P/N 1001447–4 installed on the right engine accumulates 2,000 total flight hours since new or since overhaul, whichever occurs later, replace the valve with a new or serviceable LPCV having P/N 1001447–4 that has accumulated less than 2,000 total flight hours since new or since overhaul, in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 190–36–0014, Revision 01, dated January 14, 2009; or EMBRAER Service Bulletin 190LIN–36–0004, dated December 23, 2009 (for Model 190–100 ECJ airplanes). Repeat the replacement on the right engine at intervals not to exceed 2,000 total flight hours on the LPCV since new or last overhaul. (8) For Model ERJ 190–100 ECJ, –100 LR, –100 IGW, –100 STD, –200 STD, –200 LR, and –200 IGW airplanes: Within 200 flight hours after August 26, 2010 (the effective date of AD 2010–14–14, Amendment 39– 16359 (75 FR 42585, July 22, 2010)), or before any LPCV having P/N 1001447–4 installed on the left engine accumulates 2,000 total flight hours since new or last overhaul, whichever occurs later, replace the valve with a new or serviceable LPCV having P/N 1001447–4 that has accumulated less than 2,000 total flight hours since new or since overhaul, in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 190–36–0014, Revision 01, dated January 14, 2009; or EMBRAER Service Bulletin 190LIN– 36–0004, dated December 23, 2009 (for Model 190–100 ECJ airplanes). Repeat the replacement on the left engine at intervals not to exceed 2,000 total flight hours on the LPCV since new or last overhaul. (9) For Model ERJ 190–100 ECJ, –100 LR, –100 IGW, –100 STD, –200 STD, –200 LR, and –200 IGW airplanes: As of August 26, 2010 (the effective date of AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010)), installation on the left and right engines with a LPCV having P/N 1001447– 4 is allowed only if the valve has accumulated less than 2,000 total flight hours VerDate Mar<15>2010 06:27 Dec 22, 2012 Jkt 229001 since new or last overhaul prior to installation. (10) For Model ERJ 190–100 ECJ, –100 LR, –100 IGW, –100 STD, –200 STD, –200 LR, and –200 IGW airplanes: As of August 26, 2010 (the effective date of AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010)), no LPCV having P/N 1001447–3 may be installed on any airplane. Any LPCV having P/N 1001447–3 already installed on an airplane may remain in service until reaching the flight-hour limit defined in paragraphs (k)(5) and (k)(6) of this AD. (l) New Terminating Action For 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: Except as provided by paragraph (m) of this AD, within 10 months after the effective date of this AD, install a new LPCV having P/N 1001447–6, using a method approved by either the Manager, International Branch, ANM–116, Transport ˆ Airplane Directorate, FAA; or Agencia Nacional de Aviacao Civil (ANAC) (or its ¸˜ delegated agent). Installation of P/N 1001447–6 terminates the requirement for installation and repetitive replacement of the LPCV having P/N 1001447–3 or 1001447–4 required by paragraph (k) of this AD. (m) New Exception For 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; that have an LPCV, P/N 1001447–4, that has been installed before the compliance time specified in paragraph (l) of this AD: Prior to the accumulation of 2,000 flight hours on the part since new or overhauled, install a new LPCV having P/N 1001447–6, using a method approved by either the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or ANAC (or its delegated agent). (n) New Optional Terminating Action For Model ERJ 170–100 LR, –100 STD, –100 SE, and –100 SU airplanes; Model ERJ 170–200 LR, –200 SU, and –200 STD airplanes: Installation of a new LPCV having P/N 1001447–6 terminates the requirement for installation and repetitive replacement of the LPCV having P/N 1001447–3 or 1001447– 4 required by paragraph (k) of this AD. (o) Credit for Previous Actions (1) This paragraph provides credit for the actions specified in paragraph (k)(2) of this AD, if those actions were performed before August 26, 2010 (the effective date of AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010)), using EMBRAER Service Bulletin 170–36–0011, dated January 9, 2007; or EMBRAER Service Bulletin 170– 36–0011, Revision 01, dated May 28, 2007; which are not incorporated by reference in this AD. (2) This paragraph provides credit for the actions specified in paragraphs (k)(5) and (k)(6) of this AD, if those actions were performed before August 26, 2010 (the effective date of AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010)), using EMBRAER Service Bulletin PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 190–36–0006, dated April 9, 2007, which is not incorporated by reference in this AD. (3) This paragraph provides credit for the actions specified in paragraph (k)(1) of this AD, if those actions were performed before August 26, 2010 (the effective date of AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010)), using EMBRAER Service Bulletin 170–36–0004, dated November 18, 2005, which is not incorporated by reference in this AD. (4) This paragraph provides credit for the actions specified in paragraph (k)(3) of this AD, if those actions were done before August 26, 2010 (the effective date of AD 2010–14– 14, Amendment 39–16359 (75 FR 42585, July 22, 2010)), using Task 36–11–02–002 (Low Stage Bleed Check Valve) specified in Section 1 of the EMBRAER 170 Maintenance Review Board Report (MRBR), MRB–1621, Revision 5, dated November 5, 2008, which is not incorporated by reference in this AD. (p) New Parts Installation Limitations (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: As of the effective date of this AD, no person may install an LPCV having P/N 1001447–4 that was previously installed on any Model ERJ–190 airplane, on any airplane, unless the valve has been overhauled. (2) For 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: As of the effective date of this AD, and until the effective date specified in paragraph (p)(3) of this AD, no person may install an LPCV having P/N 1001447–4 that was previously installed on any Model ERJ– 170 airplane, on any airplane, unless the valve has been overhauled. (3) For 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: As of 10 months after the effective date of this AD, no person may install any LPCV having P/N 1001447–4, on any airplane. (q) 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: 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/ E:\FR\FM\26DEP1.SGM 26DEP1 Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Proposed Rules 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. (3) AMOCs approved previously in accordance with AD 2010–14–14, Amendment 39–16359 (75 FR 42585, July 22, 2010), are not approved as AMOCs with this AD. (r) Related Information ebenthall on DSK5TPTVN1PROD with (1) Refer to MCAI Brazilian Airworthiness Directive 2005–09–03R3, effective May 30, 2011; Brazilian Airworthiness Directive 2006–11–01R6, effective May 30, 2011; and the following service information; for related information. (i) EMBRAER Service Bulletin 170–36– A004, dated September 28, 2005. (ii) EMBRAER Service Bulletin 170–36– 0004, dated November 18, 2005. (iii) EMBRAER Service Bulletin 170–36– 0004, Revision 01, dated March 10, 2008. (iv) EMBRAER Service Bulletin 170–36– 0011, Revision 02, dated July 19, 2007. (v) EMBRAER Service Bulletin 190–36– 0006, Revision 01, dated July 19, 2007. (vi) EMBRAER Service Bulletin 190–36– 0014, Revision 01, dated January 14, 2009. (vii) EMBRAER Service Bulletin 190LIN– 36–0004, dated December 23, 2009. (viii) Task 36–11–02–002 (Low Stage Bleed Check Valve) specified in Section 1 of the EMBRAER 170 MRBR MRB–1621, Revision 6, dated January 14, 2010. (ix) Task 36–11–02–002 (Low Stage Bleed Check Valve) specified in Section 1 of the EMBRAER 170 MRBR, MRB–1621, Revision 7, dated November 11, 2010. (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 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 December 12, 2012. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012–30916 Filed 12–21–12; 8:45 am] BILLING CODE 4910–13–P VerDate Mar<15>2010 06:27 Dec 22, 2012 Jkt 229001 SUSQUEHANNA RIVER BASIN COMMISSION 18 CFR Part 806 Review and Approval of Projects Susquehanna River Basin Commission. ACTION: Notice of proposed rulemaking and public hearing. AGENCY: This document contains proposed rules that would amend the project review regulations of the Susquehanna River Basin Commission (Commission) to include special requirements for withdrawals from surface water and groundwater sources which, from the point of taking or point of impact respectively, have a drainage area of equal to or less than ten square miles (headwater area); and to modify provisions relating to the issuance of emergency certificates by the Executive Director. DATES: Comments on these proposed rules may be submitted to the Commission on or before February 25, 2013. The Commission has scheduled a public hearing on the proposed rulemaking, to be held February 14, 2013, in Harrisburg, Pennsylvania. The location of the public hearing is listed in the addresses section of this notice. ADDRESSES: Comments may be mailed to: Mr. Richard A. Cairo, Susquehanna River Basin Commission, 1721 N. Front Street, Harrisburg, PA 17102–2391, or by email to rcairo@srbc.net. The public hearing will be held on February 14, 2013, at 3:00 p.m., at the Pennsylvania State Capitol, Room 8E–B, East Wing, Commonwealth Avenue, Harrisburg, Pa. 17101. Those wishing to testify are asked to notify the Commission in advance, if possible, at the regular or electronic addresses given below. FOR FURTHER INFORMATION CONTACT: Richard A. Cairo, General Counsel, telephone: 717–238–0423, ext. 306; fax: 717–238–2436; email: rcairo@srbc.net. Also, for further information on the proposed rulemaking, visit the Commission’s Web site at www.srbc.net. SUPPLEMENTARY INFORMATION: SUMMARY: Background and Purpose of Amendments The basic purpose of the regulatory amendments set forth in this proposed rulemaking is to make further modifications to the Commission’s project review regulations relating to surface and groundwater withdrawal limitations in headwater areas, and also relating to the issuance of emergency certificates by the Executive Director. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 75915 The Commission adopted a Low Flow Protection Policy (LFPP) on December 14, 2012. The purpose of the LFPP is to provide implementation guidance to the Commission staff, project sponsors and the public on the criteria, methodology, and process used to evaluate withdrawal applications to ensure that any flow alteration related to such withdrawals does not cause significant adverse impacts to the water resources of the basin. When first released in draft form for public review in March 2012, the LFPP included certain restrictions on water withdrawals in headwater areas. Those provisions were removed from the policy upon final adoption, and instead are being proposed for inclusion in the Commission’s project review regulations, given that they would establish a binding norm more appropriately contained in regulation. The addition of a new section, 18 CFR 806.6—Project limitations, provides that projects proposing to withdraw water in drainage areas equal to or less than ten square miles shall not be approved unless, in the case of a surface water withdrawal, the use associated with the project would occur on the tract of land that is riparian or littoral to the surface water source from which the water is withdrawn, or would be used to provide source water to a public water supply system. Likewise, a groundwater withdrawal that impacts a surface water source which, from the point of impact is in a headwater area, would not be approved unless the water use associated with the project would occur on the tract of land from which the water is withdrawn, or would be used to provide source water to a public water supply system. Language is also included that provides that withdrawals by public water supply systems shall be limited for use within the system’s service area, and not for bulk sale outside such area. It is generally recognized that the smaller the drainage area, the less the amount of water that can be removed from it sustainably. On the whole, headwater areas of ten square miles or less have very limited yields, resulting in very limited water availability. The Commission believes it is appropriate, as a matter of sound public policy, to prioritize how that limited resource should be utilized by restricting its withdrawal for only uses within those areas or otherwise for public water supply. So as not to prejudice administratively complete applications currently undergoing review as of the date of this Notice of Proposed Rulemaking, the Commission intends to E:\FR\FM\26DEP1.SGM 26DEP1

Agencies

[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Proposed Rules]
[Pages 75911-75915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30916]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1230; Directorate Identifier 2011-NM-107-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 supersede an existing airworthiness directive 
(AD) that applies to certain Embraer S.A. Model ERJ 170 and ERJ 190 
airplanes. The existing AD currently requires, for certain airplanes, 
repetitively replacing the low-stage check valve and associated seals 
of the right hand (RH) engine's engine bleed system with a new check 
valve and new seals, replacing the low pressure check valves (LPCV), 
and revising the maintenance program. For certain other airplanes, the 
existing AD requires replacing a certain low-stage check valve with an 
improved low-stage check valve. Since we issued that AD, we have 
received reports of uncommanded engine shutdowns on both Model ERJ 170 
and ERJ 190 airplanes due to excessive wear and failure of LPCVs having 
certain part numbers. This proposed AD would also, for certain 
airplanes, require replacing certain LPCVs of the left-hand (LH) and RH 
engines, which would be an option for other airplanes. We are proposing 
this AD to prevent the possibility of a dual engine in-flight shutdown 
due to LPCV failure.

DATES: We must receive comments on this proposed AD by February 11, 
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 distrib@embraer.com.br; 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-2012-1230; 
Directorate Identifier 2011-NM-107-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 June 23, 2010, we issued AD 2010-14-14, Amendment 39-16359 (75 
FR 42585, July 22, 2010). That AD required actions intended to address 
an unsafe condition on Embraer S.A. Model ERJ 170 and ERJ 190 
airplanes.
    Since we issued AD 2010-14-14, Amendment 39-16359 (75 FR 42585, 
July 22, 2010), there have been occurrences of uncommanded engine 
shutdowns on both Model ERJ 170 and Model ERJ 190 airplanes due to 
excessive wear and failure of LPCVs having part number 1001447-3 and 
1001447-4. Both engines of the airplanes have the same valves, which 
leads to the possibility of a dual engine in-flight shutdown due to 
LPCV failure. The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC), which is the aviation authority for Brazil, has issued 
Brazilian Airworthiness Directives 2005-09-03R3 and 2006-11-01R6, both 
effective May 30, 2011 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI for 
Embraer S.A. Model ERJ 170 airplanes states:

    It has been found the occurrence of an engine in-flight shutdown 
* * * caused by the LPCV [low pressure check valves] failure P/N 
[part number] 1001447-3 with 3,900 Flight Hours (FH) installed on 
ERJ-170. This valve failed [to] open due [to] excessive wear. [I]t 
was found the occurrence of an engine shutdown on-ground, caused by 
the LPCV failure P/N 1001447-4 with 1,802 FH installed on ERJ-190 
failed due [to] low cycle fatigue. Since the behavior of a valve P/N 
1001447-4 removed from ERJ-190 is unknown on ERJ-170 and the P/N 
1001447-4 is common between ERJ-170 and ERJ-190 airplane fleet, an 
action is necessary to prevent the installation, in ERJ-170 
airplanes, of LPCVs P/N 1001447-4 previously installed in ERJ-190 
airplanes.
* * * * *
    The MCAI for Embraer S.A. Model ERJ 190 airplanes states:
    It has been found the occurrence of an engine in-flight shutdown 
* * * caused by the LPCV failure P/N [part number] 1001447-3 with 
3,900 Flight Hours (FH) installed on ERJ-170. This valve failed [to] 
open due [to] excessive wear. [I]t was found the occurrence of an 
engine shutdown on-ground, caused by

[[Page 75912]]

the LPCV failure P/N 1001447-4 with 1,802 FH installed on ERJ-190 
failed due [to] low cycle fatigue. Since the behavior of a valve P/N 
1001447-4 removed from ERJ-170 is unknown on ERJ-190 and the P/N 
1001447-4 is common between ERJ-170 and ERJ-190 airplane fleet, an 
action is necessary to prevent the installation, in ERJ-190 
airplanes, of LPCVs P/N 1001447-4 previously installed in ERJ-170 
airplanes.
* * * * *
    The unsafe condition is the possibility of a dual engine in-flight 
shutdown due to LPCV failure. The required actions include retaining 
the actions required by AD 2010-14-14, Amendment 39-16359 (75 FR 42585, 
July 22, 2010), and include, for certain airplanes, replacing the LPCVs 
of LH and RH engines, which would be an option for certain other 
airplanes. You may obtain further information by examining the MCAI in 
the AD docket.

Relevant Service Information

    EMBRAER has issued the following service information, which is 
intended to correct the unsafe condition identified in the MCAI.
     EMBRAER 170 Maintenance Review Board Report, MRB-1621, 
Revision 7, dated November 11, 2010.
     EMBRAER Service Bulletin 190LIN-36-0004, dated December 
23, 2009.

Changes to AD 2010-14-14, Amendment 39-16359 (75 FR 42585, July 22, 
2010)

    Paragraphs (j)(11) through (j)(14) of AD 2010-14-14, Amendment 39-
16359 (75 FR 42585, July 22, 2010), have been redesignated as 
paragraphs (o)(1) through (o)(4) of this proposed AD.

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

    We estimate that this proposed AD affects 253 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                             Number of U.S.-
              Action                    Labor cost        Cost per product     registered        Cost on U.S.
                                                                                airplanes         operators
----------------------------------------------------------------------------------------------------------------
Replacement of RH check valves on  3 work-hours x $85   $255 per                         55  $14,025 per
 Model ERJ 170[dash]100 LR,         per hour = $255      replacement cycle.                   replacement cycle.
 [dash]100 STD, [dash]100 SE, and   per replacement
 [dash]100 SU airplanes (retained   cycle.
 actions from existing AD 2010-14-
 14 (75 FR 42585, July 22, 2010)).
Replacement of LH check valves on  3 work-hours x $85   $255 per                         75  $19,125 per
 Model ERJ 170[dash]100 LR,         per hour = $255      replacement cycle.                   replacement cycle.
 [dash]100 STD, [dash]100 SE,       per replacement
 [dash]100 SU, [dash]200 LR,        cycle.
 [dash]200 STD, and [dash]200 SU
 airplanes (retained actions from
 existing AD 2010-14-14 (75 FR
 42585, July 22, 2010)).
Replacement of LPCVs with P/N      2 work-hours x $85   $170...............             253  $43,010.
 1001447-6 (new proposed action).   per hour = $170.
Revision of maintenance program    1 work-hour x $85    $85................             253  $21,505.
 (new proposed action).             per hour = $85.
----------------------------------------------------------------------------------------------------------------

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 removing airworthiness directive 
(AD) 2010-14-14, Amendment 39-16359 (75

[[Page 75913]]

FR 42585, July 22, 2010), and adding the following new AD:

Embraer S.A.: Docket No. FAA-2012-1230; Directorate Identifier 2011-
NM-107-AD.

(a) Comments Due Date

    We must receive comments by February 11, 2013.

(b) Affected ADs

    This AD supersedes AD 2010-14-14, Amendment 39-16359 (75 FR 
42585, July 22, 2010), which superseded AD 2007-16-09, Amendment 39-
15148 (72 FR 44734, August 9, 2007). AD 2007-16-09 superseded AD 
2005-23-14, Amendment 39-14372 (70 FR 69075, November 14, 2005).

(c) Applicability

    This AD applies to Embraer S.A. Model ERJ 170-100 LR, -100 STD, 
-100 SE., and -100 SU airplanes; Model ERJ 170-200 LR, -200 SU, and 
-200 STD airplanes; 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; having Hamilton Sundstrand 
low pressure check valve (LPCV) part number (P/N) 1001447-3 or 
1001447-4.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Reason

    This AD was prompted by reports of uncommanded engine shutdowns 
on both Model ERJ 170 and ERJ 190 airplanes due to excessive wear 
and failure of LPCVs having certain part numbers. We are issuing 
this AD to prevent the possibility of a dual engine in-flight 
shutdown due to LPCV failure.

(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) Retained Replacement for Right-Hand (RH) Engine on Model ERJ 170-
100 LR, -100 STD, -100 SE., and -100 SU Airplanes

    This paragraph restates the requirements of paragraph (f) of AD 
2010-14-14, Amendment 39-16359 (75 FR 42585, July 22, 2010). For 
Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU airplanes 
equipped with LPCVs having P/N 1001447-3: Within 100 flight hours 
after November 29, 2005 (the effective date of AD 2005-23-14, 
Amendment 39-14372 (70 FR 69075, November 14, 2005)), or prior to 
the accumulation of 3,000 total flight hours, whichever occurs 
later, replace the low-stage check valve and associated seals of the 
RH engine's engine bleed system with a new check valve and new 
seals, in accordance with the Accomplishment Instructions of EMBRAER 
Alert Service Bulletin 170-36-A004, dated September 28, 2005; or 
paragraph 3.C. of the Accomplishment Instructions of EMBRAER Service 
Bulletin 170-36-0004, dated November 18, 2005, or Revision 01, dated 
March 10, 2008. As of August 26, 2010 (the effective date of AD 
2010-14-14), only use EMBRAER Service Bulletin 170-36-0004, Revision 
01, dated March 10, 2008, for the actions required by this 
paragraph. Repeat the replacement thereafter at intervals not to 
exceed 3,000 flight hours.

(h) Retained Provision for Removed Check Valves

    This paragraph restates the provision specified in paragraph (g) 
of AD 2010-14-14, Amendment 39-16359 (75 FR 42585, July 22, 2010). 
Although EMBRAER Alert Service Bulletin 170-36-A004, dated September 
28, 2005, specifies to send removed check valves to the 
manufacturer, this AD does not include that requirement.

(i) Retained Replacement for Left-Hand (LH) Engine on All Model ERJ 170 
Airplanes

    This paragraph restates requirements of paragraph (h) of AD 
2010-14-14, Amendment 39-16359 (75 FR 42585, July 22, 2010). For 
Model ERJ 170-100 LR, -100 STD, -100 SE., -100 SU, -200 LR, -200 
STD, and -200 SU airplanes equipped with LPCVs having P/N 1001447-3: 
Within 300 flight hours after September 13, 2007 (the effective date 
of AD 2007-16-09, Amendment 39-15148 (72 FR 44734, August 9, 2007)), 
or prior to the accumulation of 3,000 total flight hours, whichever 
occurs later, replace the low-stage check valve and associated seals 
of the LH engine's engine bleed system with a new check valve and 
new seals, in accordance with paragraph 3.B. of the Accomplishment 
Instructions of EMBRAER Service Bulletin 170-36-0004, dated November 
18, 2005; or Revision 01, dated March 10, 2008. As of August 26, 
2010 (the effective date of AD 2010-14-14), only use EMBRAER Service 
Bulletin 170-36-0004, Revision 01, dated March 10, 2008. Repeat the 
replacement thereafter at intervals not to exceed 3,000 flight 
hours.

(j) Retained Provision for Removed Check Valves in Accordance With 
Other Service Bulletin

    This paragraph restates the provision specified in paragraph (i) 
of AD 2010-14-14, Amendment 39-16359 (75 FR 42585, July 22, 2010). 
Although EMBRAER Service Bulletin 170-36-0004, dated November 18, 
2005, specifies to send removed check valves to the manufacturer, 
this AD does not include that requirement.

(k) Retained Actions and Compliance With Revised Service Information

    This paragraph restates the requirements of paragraph (j) of AD 
2010-14-14, Amendment 39-16359 (75 FR 42585, July 22, 2010), with 
revised service information for paragraphs (k)(3), (k)(7), and 
(k)(8) of this AD. Unless already done, do the following actions.
    (1) For Model ERJ 170-200 LR, -200 STD, and -200 SU airplanes 
equipped with LPCV having P/N 1001447-3: Within 100 flight hours 
after August 26, 2010 (the effective date of AD 2010-14-14, 
Amendment 39-16359 (75 FR 42585, July 22, 2010)), or prior to the 
accumulation of 3,000 total flight hours, whichever occurs later, 
replace the low-stage check valve and associated seals of the RH 
engine's engine bleed system with a new check valve and new seals, 
in accordance with the Accomplishment Instructions of EMBRAER 
Service Bulletin 170-36-0004, Revision 01, dated March 10, 2008. 
Repeat the replacement thereafter at intervals not to exceed 3,000 
flight hours.
    (2) For Model ERJ 170-100 LR, -100 STD, -100 SE., -100 SU, -200 
LR, -200 STD, and -200 SU airplanes equipped with LPCV having P/N 
1001447-3: Replacing the LPCV having P/N 1001447-3 with a new one 
having P/N 1001447-4, in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 170-36-0011, Revision 02, 
dated July 19, 2007, terminates the repetitive replacements required 
by paragraphs (g), (i), and (k)(1) of this AD.
    (3) For Model ERJ 170-100 LR, -100 STD, -100 SE., -100 SU, -200 
LR, -200 STD, and -200 SU airplanes equipped with LPCV having P/N 
1001447-3, at the earlier of the times specified in paragraphs 
(k)(3)(i) and (k)(3)(ii) of this AD, revise the maintenance program 
to include maintenance Task 36-11-02-002 (Low Stage Bleed Check 
Valve), specified in Section 1 of the EMBRAER 170 Maintenance Review 
Board Report (MRBR), MRB-1621, Revision 6, dated January 14, 2010; 
or Revision 7, dated November 11, 2010. Thereafter, except as 
provided by paragraph (q) of this AD, no alternative inspection 
intervals may be approved for the task.
    (i) Within 180 days after accomplishing paragraph (k)(2) of this 
AD.
    (ii) Before any LPCV having P/N 1001447-4 accumulates 3,000 
total flight hours, or within 300 flight hours after August 26, 2010 
(the effective date of AD 2010-14-14, Amendment 39-16359 (75 FR 
42585, July 22, 2010)), whichever occurs later.
    (4) For Model ERJ 170-100 LR, -100 STD, -100 SE., -100 SU, -200 
LR, -200 STD, and -200 SU airplanes equipped with LPCV having P/N 
1001447-3: As of August 26, 2010 (the effective date of the 
effective date of AD 2010-14-14, Amendment 39-16359 (75 FR 42585, 
July 22, 2010)), no person may install any LPCV identified in 
paragraph (k)(4)(i) or (k)(4)(ii) of this AD on any airplane.
    (i) Any LPCV having P/N 1001447-3, installed on Model ERJ-170 
airplanes, that has accumulated more than 3,000 total flight hours.
    (ii) Any LPCV having P/N 1001447-3, installed on Model ERJ-170 
and ERJ-190 airplanes, that has accumulated 3,000 or more total 
flight hours. To calculate the equivalent number of flight hours for 
a LPCV having P/N 1001447-3 that was installed on a Model ERJ-190 
airplane to be installed on a Model ERJ-170 airplane, the flight 
hours accumulated in operation on ERJ-190 models must be multiplied 
by a factor of 2 (100 percent).
    (5) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -200 
STD, -200 LR, and -200 IGW airplanes: Within 100 flight hours after 
August 26, 2010 (the effective date of AD 2010-14-14, Amendment 39-
16359 (75 FR 42585, July 22, 2010)), replace all LPCVs having P/N 
1001447-3 that have accumulated 1,500 total flight hours or more as 
of August 26, 2010 (the effective date of AD 2010-14-14), with a new 
or serviceable LPCV having P/N 1001447-4 that has accumulated less 
than 2,000 total flight hours since new or since overhaul, in 
accordance

[[Page 75914]]

with the Accomplishment Instructions of EMBRAER Service Bulletin 
190-36-0006, Revision 01, dated July 19, 2007.
    (6) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -200 
STD, -200 LR, and -200 IGW airplanes: Replace all LPCVs having P/N 
1001447-3 that have accumulated less than 1,500 total flight hours 
as of August 26, 2010 (the effective date of AD 2010-14-14, 
Amendment 39-16359 (75 FR 42585, July 22, 2010)), before the LPCV 
accumulates 1,500 total flight hours or within 100 flight hours 
after August 26, 2010 (the effective date of AD 2010-14-14), 
whichever occurs later. Replace that LPCV with a new or serviceable 
LPCV having P/N 1001447-4 that has accumulated less than 2,000 total 
flight hours since new or since overhaul, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 190-36-0006, 
Revision 01, dated July 19, 2007.
    (7) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -200 
STD, -200 LR, and -200 IGW airplanes: Within 200 flight hours after 
August 26, 2010 (the effective date of AD 2010-14-14, Amendment 39-
16359 (75 FR 42585, July 22, 2010)), or before any LPCV having P/N 
1001447-4 installed on the right engine accumulates 2,000 total 
flight hours since new or since overhaul, whichever occurs later, 
replace the valve with a new or serviceable LPCV having P/N 1001447-
4 that has accumulated less than 2,000 total flight hours since new 
or since overhaul, in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 190-36-0014, Revision 01, 
dated January 14, 2009; or EMBRAER Service Bulletin 190LIN-36-0004, 
dated December 23, 2009 (for Model 190-100 ECJ airplanes). Repeat 
the replacement on the right engine at intervals not to exceed 2,000 
total flight hours on the LPCV since new or last overhaul.
    (8) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -200 
STD, -200 LR, and -200 IGW airplanes: Within 200 flight hours after 
August 26, 2010 (the effective date of AD 2010-14-14, Amendment 39-
16359 (75 FR 42585, July 22, 2010)), or before any LPCV having P/N 
1001447-4 installed on the left engine accumulates 2,000 total 
flight hours since new or last overhaul, whichever occurs later, 
replace the valve with a new or serviceable LPCV having P/N 1001447-
4 that has accumulated less than 2,000 total flight hours since new 
or since overhaul, in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 190-36-0014, Revision 01, 
dated January 14, 2009; or EMBRAER Service Bulletin 190LIN-36-0004, 
dated December 23, 2009 (for Model 190-100 ECJ airplanes). Repeat 
the replacement on the left engine at intervals not to exceed 2,000 
total flight hours on the LPCV since new or last overhaul.
    (9) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -200 
STD, -200 LR, and -200 IGW airplanes: As of August 26, 2010 (the 
effective date of AD 2010-14-14, Amendment 39-16359 (75 FR 42585, 
July 22, 2010)), installation on the left and right engines with a 
LPCV having P/N 1001447-4 is allowed only if the valve has 
accumulated less than 2,000 total flight hours since new or last 
overhaul prior to installation.
    (10) For Model ERJ 190-100 ECJ, -100 LR, -100 IGW, -100 STD, -
200 STD, -200 LR, and -200 IGW airplanes: As of August 26, 2010 (the 
effective date of AD 2010-14-14, Amendment 39-16359 (75 FR 42585, 
July 22, 2010)), no LPCV having P/N 1001447-3 may be installed on 
any airplane. Any LPCV having P/N 1001447-3 already installed on an 
airplane may remain in service until reaching the flight-hour limit 
defined in paragraphs (k)(5) and (k)(6) of this AD.

(l) New Terminating Action

    For 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: Except as provided by paragraph (m) of this AD, within 10 
months after the effective date of this AD, install a new LPCV 
having P/N 1001447-6, using a method approved by either the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) (or 
its delegated agent). Installation of P/N 1001447-6 terminates the 
requirement for installation and repetitive replacement of the LPCV 
having P/N 1001447-3 or 1001447-4 required by paragraph (k) of this 
AD.

(m) New Exception

    For 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; that have an LPCV, P/N 1001447-4, that has been installed 
before the compliance time specified in paragraph (l) of this AD: 
Prior to the accumulation of 2,000 flight hours on the part since 
new or overhauled, install a new LPCV having P/N 1001447-6, using a 
method approved by either the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or ANAC (or its delegated 
agent).

(n) New Optional Terminating Action

    For Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU 
airplanes; Model ERJ 170-200 LR, -200 SU, and -200 STD airplanes: 
Installation of a new LPCV having P/N 1001447-6 terminates the 
requirement for installation and repetitive replacement of the LPCV 
having P/N 1001447-3 or 1001447-4 required by paragraph (k) of this 
AD.

(o) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in 
paragraph (k)(2) of this AD, if those actions were performed before 
August 26, 2010 (the effective date of AD 2010-14-14, Amendment 39-
16359 (75 FR 42585, July 22, 2010)), using EMBRAER Service Bulletin 
170-36-0011, dated January 9, 2007; or EMBRAER Service Bulletin 170-
36-0011, Revision 01, dated May 28, 2007; which are not incorporated 
by reference in this AD.
    (2) This paragraph provides credit for the actions specified in 
paragraphs (k)(5) and (k)(6) of this AD, if those actions were 
performed before August 26, 2010 (the effective date of AD 2010-14-
14, Amendment 39-16359 (75 FR 42585, July 22, 2010)), using EMBRAER 
Service Bulletin 190-36-0006, dated April 9, 2007, which is not 
incorporated by reference in this AD.
    (3) This paragraph provides credit for the actions specified in 
paragraph (k)(1) of this AD, if those actions were performed before 
August 26, 2010 (the effective date of AD 2010-14-14, Amendment 39-
16359 (75 FR 42585, July 22, 2010)), using EMBRAER Service Bulletin 
170-36-0004, dated November 18, 2005, which is not incorporated by 
reference in this AD.
    (4) This paragraph provides credit for the actions specified in 
paragraph (k)(3) of this AD, if those actions were done before 
August 26, 2010 (the effective date of AD 2010-14-14, Amendment 39-
16359 (75 FR 42585, July 22, 2010)), using Task 36-11-02-002 (Low 
Stage Bleed Check Valve) specified in Section 1 of the EMBRAER 170 
Maintenance Review Board Report (MRBR), MRB-1621, Revision 5, dated 
November 5, 2008, which is not incorporated by reference in this AD.

(p) New Parts Installation Limitations

    (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: As of the effective date of this AD, no person may 
install an LPCV having P/N 1001447-4 that was previously installed 
on any Model ERJ-190 airplane, on any airplane, unless the valve has 
been overhauled.
    (2) For 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: As of the effective date of this AD, and until the 
effective date specified in paragraph (p)(3) of this AD, no person 
may install an LPCV having P/N 1001447-4 that was previously 
installed on any Model ERJ-170 airplane, on any airplane, unless the 
valve has been overhauled.
    (3) For 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: As of 10 months after the effective date of this AD, no 
person may install any LPCV having P/N 1001447-4, on any airplane.

(q) 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: 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/

[[Page 75915]]

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.
    (3) AMOCs approved previously in accordance with AD 2010-14-14, 
Amendment 39-16359 (75 FR 42585, July 22, 2010), are not approved as 
AMOCs with this AD.

(r) Related Information

    (1) Refer to MCAI Brazilian Airworthiness Directive 2005-09-
03R3, effective May 30, 2011; Brazilian Airworthiness Directive 
2006-11-01R6, effective May 30, 2011; and the following service 
information; for related information.
    (i) EMBRAER Service Bulletin 170-36-A004, dated September 28, 
2005.
    (ii) EMBRAER Service Bulletin 170-36-0004, dated November 18, 
2005.
    (iii) EMBRAER Service Bulletin 170-36-0004, Revision 01, dated 
March 10, 2008.
    (iv) EMBRAER Service Bulletin 170-36-0011, Revision 02, dated 
July 19, 2007.
    (v) EMBRAER Service Bulletin 190-36-0006, Revision 01, dated 
July 19, 2007.
    (vi) EMBRAER Service Bulletin 190-36-0014, Revision 01, dated 
January 14, 2009.
    (vii) EMBRAER Service Bulletin 190LIN-36-0004, dated December 
23, 2009.
    (viii) Task 36-11-02-002 (Low Stage Bleed Check Valve) specified 
in Section 1 of the EMBRAER 170 MRBR MRB-1621, Revision 6, dated 
January 14, 2010.
    (ix) Task 36-11-02-002 (Low Stage Bleed Check Valve) specified 
in Section 1 of the EMBRAER 170 MRBR, MRB-1621, Revision 7, dated 
November 11, 2010.
    (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 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 December 12, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-30916 Filed 12-21-12; 8:45 am]
BILLING CODE 4910-13-P