Airworthiness Directives; Embraer S.A. Airplanes, 9800-9802 [2013-02902]
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9800
Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Rules and Regulations
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:
■
2013–03–12 Dassault Aviation:
Amendment 39–17347. Docket No.
FAA–2012–1037; Directorate Identifier
2012–NM–008–AD.
(a) Effective Date
This airworthiness directive (AD) becomes
effective March 19, 2013.
(b) Affected ADs
Certain requirements of this AD terminate
the requirements of AD 2012–02–18,
Amendment 39–16941 (77 FR 12175,
February 29, 2012); and AD 2010–26–05,
Amendment 39–16544 (75 FR 79952,
December 21, 2010); for the airplanes
identified in paragraph (c) of this AD.
(c) Applicability
(1) This AD applies to Dassault Aviation
Model Mystere-Falcon 50 airplanes,
certificated in any category, all serial
numbers.
(2) This AD requires revisions to certain
operator maintenance documents to include
new inspections. Compliance with these
inspections is required by 14 CFR 91.403(c).
For airplanes that have been previously
modified, altered, or repaired in the areas
addressed by these inspections, the operator
may not be able to accomplish the
inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c),
the operator must request approval for an
alternative method of compliance according
to paragraph (j)(1) of this AD. The request
should include a description of changes to
the required inspections that will ensure the
continued operational safety of the airplane.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Periodic inspections.
pmangrum on DSK3VPTVN1PROD with RULES
(e) Reason
This AD was prompted by a manufacturer
revision to the airplane maintenance manual
(AMM) that introduces new or more
restrictive maintenance requirements and/or
airworthiness limitations. We are issuing this
AD to prevent reduced structural integrity of
the airplane.
(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) Maintenance Program Revision
Within 30 days after the effective date of
this AD: Revise the maintenance program to
incorporate all airworthiness limitations and
maintenance tasks specified in Section 05–
40/00, Airworthiness Limitations, of Chapter
VerDate Mar<15>2010
15:05 Feb 11, 2013
Jkt 229001
5–40, Airworthiness Limitations, of the
Dassault Falcon 50/50EX Maintenance
Manual, Revision 21, dated June 2011. The
initial compliance times for the tasks are at
the applicable times specified in Section 05–
40/00, Airworthiness Limitations, of Chapter
5–40, Airworthiness Limitations, of the
Dassault Falcon 50/50EX Maintenance
Manual, Revision 21, dated June 2011, or
within 30 days after the effective date of this
AD, whichever occurs later.
(h) No Alternative Actions, Intervals, and/or
Critical Design Configuration Control
Limitations (CDCCLs)
After accomplishing the revisions required
by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, and/or
CDCCLs may be used other than those
specified in Section 05–40/00, Airworthiness
Limitations, of Chapter 5–40, Airworthiness
Limitations, of the Dassault Falcon 50/50EX
Maintenance Manual, Revision 21, dated
June 2011, unless the actions, intervals, and/
or CDCCLs are approved as an alternative
methods of compliance (AMOC) in
accordance with the procedures specified in
paragraph (j)(1) of this AD.
(i) Terminating Action for Certain ADs
Accomplishing the actions required by
paragraph (g) of this AD terminates the
requirements of AD 2012–02–18,
Amendment 39–16941 (77 FR 12175,
February 29, 2012); and AD 2010–26–05,
Amendment 39–16544 (75 FR 79952,
December 21, 2010); for the Dassault
Aviation Model Mystere-Falcon 50 airplanes
specified in those ADs.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the International Branch, send it to ATTN:
Tom Rodriguez, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
telephone (425) 227–1137; 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.
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
(k) Related Information
Refer to MCAI European Aviation Safety
Agency Airworthiness Directive 2011–0246,
dated December 22, 2011; and Section 05–40/
00, Airworthiness Limitations, of Chapter 5–
40, Airworthiness Limitations, of the
Dassault Falcon 50/50EX Maintenance
Manual, Revision 21, dated June 2011; for
related information.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Section 05–40/00, Airworthiness
Limitations, of Chapter 5–40, Airworthiness
Limitations, of the Dassault Falcon 50/50EX
Maintenance Manual, Revision 21, dated
June 2011.
(ii) Reserved.
(3) For service information identified in
this AD, contact Dassault Falcon Jet, P.O. Box
2000, South Hackensack, New Jersey 07606;
telephone 201–440–6700; Internet https://
www.dassaultfalcon.com.
(4) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of
this material at the FAA, call 425–227–1221.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on February
1, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2013–02891 Filed 2–11–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–1223; Directorate
Identifier 2012–NM–154–AD; Amendment
39–17348; AD 2013–03–13]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
SUMMARY:
E:\FR\FM\12FER1.SGM
12FER1
Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Rules and Regulations
Embraer S.A. Model ERJ 170 and ERJ
190 airplanes. This AD was prompted
by reports of the cockpit door falling off
the hinges when it is being opened or
closed. This AD requires 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 issuing this AD
to prevent the cockpit door from falling
off the hinges, which could cause injury
to airplane occupants.
DATES: This AD becomes effective
March 19, 2013.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of March 19, 2013.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Cindy Ashforth, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA
98057–3356; telephone (425) 227–2768;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on December 6, 2012 (77 FR
72776). That NPRM proposed to correct
an unsafe condition for the specified
products. The Mandatory Continuing
Airworthiness Information (MCAI)
states:
ˆ
This [Agencia Nacional de Aviacao Civil
¸˜
(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.
*
*
*
*
*
You may obtain further information by
examining the MCAI in the AD docket.
pmangrum on DSK3VPTVN1PROD with RULES
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comment received. The
Air Line Pilots Association,
International (ALPA) supports the intent
of the NPRM (77 FR 72776, December 6,
2012).
Conclusion
We reviewed the available data,
including the comment received, and
VerDate Mar<15>2010
15:05 Feb 11, 2013
Jkt 229001
determined that air safety and the
public interest require adopting the AD
as proposed—except for minor editorial
changes. We have determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM (77 FR
72776, December 6, 2012) for correcting
the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM (77 FR 72776,
December 6, 2012).
Costs of Compliance
We estimate that this AD will affect
253 products of U.S. registry. We also
estimate that it will take about 6 workhours per product to comply with the
basic requirements of this AD. The
average labor rate is $85 per work-hour.
Required parts will 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 this AD
to the U.S. operators to be $129,030 or
$510 per product.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
PO 00000
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Fmt 4700
Sfmt 4700
9801
For the reasons discussed above, I
certify that this AD:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on
the Internet at 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 the NPRM (77 FR 72776,
December 6, 2012), the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Operations office (telephone
(800) 647–5527) is in the ADDRESSES
section. Comments will be available in
the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
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:
■
2013–03–13 Embraer S.A.: Amendment 39–
17348. Docket No. FAA–2012–1223;
Directorate Identifier 2012–NM–154–AD.
(a) Effective Date
This airworthiness directive (AD) becomes
effective March 19, 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;
E:\FR\FM\12FER1.SGM
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9802
Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Rules and Regulations
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 opened or closed. We are issuing this
AD to prevent the cockpit door from falling
off the hinges, which could cause injury to
airplane occupants.
pmangrum on DSK3VPTVN1PROD with RULES
(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
VerDate Mar<15>2010
15:05 Feb 11, 2013
Jkt 229001
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, 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/
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
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), (j)(2),
and (j)(3) of this AD, for related information.
(1) EMBRAER Service Bulletin 170–52–
0055, Revision 01, dated August 1, 2011.
(2) EMBRAER Service Bulletin 190–52–
0038, Revision 01, dated August 1, 2011.
(3) EMBRAER Service Bulletin 190LIN–52–
0020, dated August 1, 2011.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) EMBRAER Service Bulletin 170–52–
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.
(3) For service information identified in
this AD contact Embraer S.A., Technical
Publications Section (PC 060), Av. Brigadeiro
˜
Faria Lima, 2170—Putim—12227–901 Sao
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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.
(4) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of
this material at the FAA, call 425–227–1221.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on February
1, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2013–02902 Filed 2–11–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9605]
RIN 1545–BG31; 1545–BL38
Payout Requirements for Type III
Supporting Organizations That Are Not
Functionally Integrated; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to final and
temporary regulations.
AGENCY:
This document contains
corrections to final and temporary
regulations (TD 9605) that were
published in the Federal Register on
Friday, December 28, 2012 (77 FR
76382). The final and temporary
regulations provide guidance regarding
the requirements to qualify as a Type III
supporting organization that is operated
in connection with one or more
supported organizations. The
regulations reflect changes to the law
made by the Pension Protection Act of
2006.
DATES: This correction is effective on
February 12, 2013 and is applicable
after December 28, 2012.
FOR FURTHER INFORMATION CONTACT:
Preston J. Quesenberry, at (202) 622–
6070 (not a toll free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The final and temporary regulations
(TD 9605) that are the subject of this
E:\FR\FM\12FER1.SGM
12FER1
]]>Agencies
[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Pages 9800-9802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02902]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1223; Directorate Identifier 2012-NM-154-AD;
Amendment 39-17348; AD 2013-03-13]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
[[Page 9801]]
Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. This AD was prompted
by reports of the cockpit door falling off the hinges when it is being
opened or closed. This AD requires 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 issuing this AD to
prevent the cockpit door from falling off the hinges, which could cause
injury to airplane occupants.
DATES: This AD becomes effective March 19, 2013.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 19,
2013.
ADDRESSES: You may examine the AD docket on the Internet at https://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Cindy Ashforth, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-2768;
fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on December 6, 2012 (77
FR 72776). That NPRM proposed to correct an unsafe condition for the
specified products. The Mandatory Continuing Airworthiness Information
(MCAI) states:
This [Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(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.
* * * * *
You may obtain further information by examining the MCAI in the AD
docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comment received. The Air Line Pilots
Association, International (ALPA) supports the intent of the NPRM (77
FR 72776, December 6, 2012).
Conclusion
We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed--except for minor editorial changes. We have determined
that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (77 FR 72776, December 6, 2012) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 72776, December 6, 2012).
Costs of Compliance
We estimate that this AD will affect 253 products of U.S. registry.
We also estimate that it will take about 6 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will 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 this AD to the U.S. operators
to be $129,030 or $510 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at 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 the NPRM (77 FR 72776, December 6,
2012), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone (800) 647-5527) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2013-03-13 Embraer S.A.: Amendment 39-17348. Docket No. FAA-2012-
1223; Directorate Identifier 2012-NM-154-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective March 19,
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;
[[Page 9802]]
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 opened or closed. We are issuing 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, 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/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
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), (j)(2), and (j)(3) of
this AD, for related information.
(1) EMBRAER Service Bulletin 170-52-0055, Revision 01, dated
August 1, 2011.
(2) EMBRAER Service Bulletin 190-52-0038, Revision 01, dated
August 1, 2011.
(3) EMBRAER Service Bulletin 190LIN-52-0020, dated August 1,
2011.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) EMBRAER Service Bulletin 170-52-0055, 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.
(3) For service information identified in this AD contact
Embraer S.A., Technical Publications Section (PC 060), Av.
Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos
Campos--SP--BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732;
fax +55 12 3927-7546; email distrib@embraer.com.br; Internet https://www.flyembraer.com.
(4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call 425-227-1221.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on February 1, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-02902 Filed 2-11-13; 8:45 am]
BILLING CODE 4910-13-P
