Airworthiness Directives; Embraer S.A. Airplanes, 12256-12259 [2013-04045]

Download as PDF 12256 Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Proposed Rules Community, EASA has notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. This proposed AD would require reducing the life of certain critical parts. 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. (f) Alternative Methods of Compliance (AMOCs) The Manager, Engine Certification Office, FAA, may approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19 to make your request. List of Subjects in 14 CFR Part 39 Costs of Compliance We estimate that this proposed AD affects 32 engines installed on airplanes of U.S. registry. We also estimate that it would take 0 hours per product to comply with this proposed AD. The average labor rate is $85 per hour. We are not requiring parts replacement, so parts cost is $0. We estimate the cost of the proposed AD on U.S. operators to be $0. The Proposed Amendment (g) Related Information (1) For more information about this AD, contact Robert Green, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781–238–7754; fax: 781–238–7199; email: Robert.Green@faa.gov. (2) Refer to European Aviation Safety Agency Airworthiness Directive 2012–0243 (Correction: November 13, 2012), dated November 12, 2012, and Rolls-Royce Alert Service Bulletin 72–A206, dated November, 2012, for related information. (3) For service information identified in this AD, contact Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, England, DE248BJ; phone: 011–44–1332– 242424; fax: 011–44–1332–249936; or email: https://www.rolls-royce.com/contact/ civil_team.jsp. You may view this service information at the FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781–238–7125. pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 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 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); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities VerDate Mar<15>2010 14:18 Feb 21, 2013 Jkt 229001 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 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 adding the following new AD: ■ Rolls-Royce (1971) Limited, Bristol Engine Division: Docket No. FAA–2012–1331; Directorate Identifier 2012–NE–44–AD. We must receive comments by April 23, 2013. Issued in Burlington, Massachusetts, on February 15, 2013. Robert J. Ganley, Acting Manager, Engine & Propeller Directorate, Aircraft Certification Service. (b) Affected Airworthiness Directives (ADs) [FR Doc. 2013–04103 Filed 2–21–13; 8:45 am] (a) Comments Due Date None. BILLING CODE 4910–13–P (c) Applicability This AD applies to all Rolls-Royce (1971) Limited, Bristol Engine Division (RR) Viper Mk. 601–22 turbojet engines. (d) Reason This AD was prompted by a review carried out by RR of the lives of certain critical parts. We are issuing this AD to prevent life-limited part failure, damage to the engine, and damage to the airplane. (e) Actions and Compliance Unless already done, do the following actions. (1) After the effective date of this AD, remove the following parts before they reach their specified new, lower life limits: compressor shaft, part number (P/N) V900766: 20,720 flight cycles since new (CSN); compressor rear stubshaft (center bearing hub), P/Ns V900007 and V900994: 9,600 CSN; combustion chamber outer casing, P/Ns V950013 and V950331: 32,000 CSN. (2) After the effective date of this AD, do not install any part identified in paragraph (e)(1) of this AD into any engine, nor return any engine to service, with the parts identified in paragraph (e)(1) of this AD installed, if the part exceeds the new, lower life limits specified in paragraph (e)(1) of this AD. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2013–0092; Directorate Identifier 2012–NM–067–AD] RIN 2120–AA64 Airworthiness Directives; Embraer S.A. Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. This proposed AD was prompted by reports of chafing between the auxiliary power unit (APU) electronic starter controller (ESC) power cables and the airplane tail cone firewall. This proposed AD would require a detailed inspection for damage to the insulation and inner conductors of the APU ESC power cables, installing SUMMARY: E:\FR\FM\22FEP1.SGM 22FEP1 Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Proposed Rules new grommet support in the tail cone firewall, and corrective actions if necessary. We are proposing this AD to detect and correct damage to the APU ESC power cable harness, which if not corrected, could result in reduced structural integrity of the fuselage and empennage in the event of fire penetration through the firewall. DATES: We must receive comments on this proposed AD by April 8, 2013. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170— ˜ Putim—12227–901 Sao Jose dos Campos—SP—BRASIL; telephone +55 12 3927–5852 or +55 12 3309–0732; fax +55 12 3927–7546; email distrib@embraer.com.br; Internet https:// 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. pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Cindy Ashforth, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone (425) 227–2768; fax (425) 227–1149. VerDate Mar<15>2010 14:18 Feb 21, 2013 Jkt 229001 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–2013–0092; Directorate Identifier 2012–NM–067–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion ˆ The Agencia Nacional de Aviacao ¸˜ Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directives 2012–03–03 and 2012–03–04, both dated April 13, 2012 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: It has been found the occurrences of chafing between the Auxiliary Power Unit (APU) Electronic Starter Controller (ESC) power cables (harness W205) and the airplane tail cone firewall due to the grommet installed in the tail cone firewall moves out of its place. This condition, if not corrected, may result in reduced structural integrity of the fuselage and empennage in an event of fire penetration through the firewall. The required actions include a detailed inspection for damage to the harness insulation and inner conductors of the APU ESC power cables, installing a new grommet support in the tail cone firewall, and corrective actions if necessary. Corrective actions include repairing the harness W205 insulation or replacing the harness W205 of the APU ESC power cables with a new harness. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Embraer has issued Service Bulletin 170–53–0093, Revision 01, dated March 16, 2012 (for Model ERJ 170 airplanes); Service Bulletin 190–53–0054, Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes); and Service Bulletin 190LIN–53–0059, Revision 01, dated March 16, 2012 (for Model ERJ 190–100 ECJ airplanes). The actions described in PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 12257 this service information are intended to correct the unsafe condition identified in the MCAI. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information Although Brazilian Airworthiness Directive AD 2012–03–04, dated April 13, 2012, specifies a compliance time of ‘‘within 3,000 flight hours (FH)’’ after the effective date of this AD for performing a detailed inspection on the APU ESC power cables for damage, this AD requires the action be done within 3,000 flight hours (FH) or 18 months after the effective date of this AD, whichever occurs first. This proposed compliance time aligns with the compliance time listed in Brazilian AD 2012–03–03, dated April 13, 2012. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 253 products of U.S. registry. We also estimate that it would take about 15 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost about $0 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $322,575, or $1,275 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. E:\FR\FM\22FEP1.SGM 22FEP1 12258 Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Proposed Rules 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: pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ■ Embraer S.A.: Docket No. FAA–2013–0092; Directorate Identifier 2012–NM–067–AD. VerDate Mar<15>2010 14:18 Feb 21, 2013 Jkt 229001 (a) Comments Due Date We must receive comments by April 8, 2013. (b) Affected ADs None. (c) Applicability This AD applies to the airplane models identified in paragraphs (c)(1) and (c)(2) of this AD. (1) Embraer S.A. Model ERJ 170–100 LR, –100 STD, –100 SE., and –100 SU airplanes; and Model ERJ 170–200 LR, –200 SU, and –200 STD airplanes; certificated in any category; as identified in Embraer Service Bulletin 170–53–0093, Revision 01, dated March 16, 2012. (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 190–53–0054, Revision 01, dated March 16, 2012; and Embraer Service Bulletin 190LIN–53–0059, Revision 01, dated March 16, 2012. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Reason This AD was prompted by reports of chafing between the auxiliary power unit (APU) electronic starter controller (ESC) power cables and the airplane tail cone firewall. We are issuing this AD to detect and correct damage to the APU ESC power cable harness, which could result in reduced structural integrity of the fuselage and empennage in the event of fire penetration through the firewall. (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) Detailed Inspection, Installation, and Corrective Actions Within 3,000 flight hours or 18 months after the effective date of this AD, whichever occurs first: Do a detailed visual inspection for damage to the insulation and inner conductors of the APU ESC power cables (harness W205), in accordance with the Accomplishment Instructions of Embraer Service Bulletin 170–53–0093, Revision 01, dated March 16, 2012 (for Model ERJ 170 airplanes); Embraer Service Bulletin 190–53– 0054, Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes except for Model ERJ 190–100 ECJ airplanes); and Embraer Service Bulletin 190LIN–53–0059, Revision 01, dated March 16, 2012 (for Model ERJ 190–100 ECJ airplanes). (1) If no damage is found, before further flight, install a new grommet support having part number (P/N) 191–21716–003 in the tail cone firewall, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 170–53–0093, Revision 01, dated March 16, 2012 (for Model ERJ 170 airplanes); Embraer Service Bulletin 190–53– 0054, Revision 01, dated March 16, 2012 (for PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 Model ERJ 190 airplanes except for Model ERJ 190–100 ECJ airplanes); and Embraer Service Bulletin 190LIN–53–0059, Revision 01, dated March 16, 2012 (for Model ERJ 190–100 ECJ airplanes). (2) If any damage is found during any inspection required in paragraph (g) of this AD, that affects only the insulation of harness W205 of the APU ESC power cables: Before further flight, repair the insulation and install a new grommet support having P/N 191– 21716–003 in the tail cone firewall, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 170– 53–0093, Revision 01, dated March 16, 2012 (for Model ERJ 170 airplanes); Embraer Service Bulletin 190–53–0054, Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes except for Model ERJ 190–100 ECJ airplanes); or Embraer Service Bulletin 190LIN–53–0059, Revision 01, dated March 16, 2012 (for Model ERJ 190–100 ECJ airplanes). (3) If any damage is found during any inspection required in paragraph (g) of this AD that affects the insulation of harness W205 of the APU ESC power cables and the inner conductors: Before further flight, replace the harness with a new harness and install a new grommet support having P/N 191–21716–003 in the tail cone firewall, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 170– 53–0093, Revision 01, dated March 16, 2012 (for Model ERJ 170 airplanes); Embraer Service Bulletin 190–53–0054, Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes except for Model ERJ 190–100 ECJ airplanes); and Embraer Service Bulletin 190LIN–53–0059, Revision 01, dated March 16, 2012 (for Model ERJ 190–100 ECJ airplanes). (h) 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; phone: 425–227–2768; fax: 425–227–1149. Information may be emailed to: 9-ANM-116AMOC-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 E:\FR\FM\22FEP1.SGM 22FEP1 Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Proposed Rules (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (i) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Brazilian Airworthiness Directives 2012–03–03 and 2012–03–04, dated April 13, 2012; and the service information specified in paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this AD; for related information. (i) Embraer Service Bulletin 170–53–0093, Revision 01, dated March 16, 2012. (ii) Embraer Service Bulletin 190–53–0054, Revision 01, dated March 16, 2012. (iii) Embraer Service Bulletin 190LIN–53– 0059, Revision 01, dated March 16, 2012. (2) For service information identified in this AD, contact Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro ˜ Faria Lima, 2170—Putim—12227–901 Sao Jose dos Campos—SP—BRASIL; telephone +55 12 3927–5852 or +55 12 3309–0732; fax +55 12 3927–7546; email distrib@embraer.com.br; Internet https:// www.flyembraer.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on February 11, 2013. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013–04045 Filed 2–21–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 91 [Docket No.: FAA–2013–0061] Unmanned Aircraft System Test Site Program Federal Aviation Administration (FAA), DOT. ACTION: Notice of availability; request for comments AGENCY: On February 14, 2012, Congress mandated that the FAA, coordinating with the National Aeronautics and Space Administration and the Department of Defense, develop a test site program for the integration of unmanned aircraft systems in to the National Airspace System. The overall purpose of this test site program is to develop a body of data and operational experiences to inform integration and the safe operation of these aircraft in the National Airspace System. This proposed rule announces the process by which the FAA will select the test sites for the program and also solicits pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 SUMMARY: VerDate Mar<15>2010 14:18 Feb 21, 2013 Jkt 229001 comments on the FAA’s proposed approach for addressing the privacy questions raised by the public and Congress with regard to the operation of unmanned aircraft systems within the test site program. DATES: The FAA values the input of the public and requests comment regarding the privacy approach discussed in this Notice. Please send your comments on or before April 23, 2013. Once the public has had a chance to review the proposed privacy policy requirements to be levied on the Unmanned Aircraft Systems Test Site operators, but prior to the close of the comment period, the FAA will participate in a webinar to solicit comments from the public and interested stakeholders regarding the proposed privacy approach for the unmanned aircraft systems test site program. The FAA will publish a notice providing details (including the date and time) for the engagement session sufficiently in advance of the meeting to facilitate broad participation. ADDRESSES: You may send comments identified by Docket No: FAA–2013– 0061 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at (202) 493–2251. Privacy: The FAA will post all comments it receives, without change, to https://www.regulations.gov, including any personal information the commenter provides. Using the search function of the docket web site, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT’s complete Privacy Act Statement can be found in the Federal Register published on April 11, 2000 (65 FR 19477–19478), as well as at https://DocketsInfo.dot.gov. Docket: Background documents or comments received may be read at PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 12259 https://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: For technical questions concerning the test site program, contact Elizabeth Soltys, Unmanned Aircraft Systems Integration Office, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; email: 9-ACTUASTSS@faa.gov. For questions concerning the FAA’s proposed approach for addressing potential UAS privacy concerns, as set out herein, contact Gregory C. Carter, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Ave. SW., Washington, DC 20591; email: 9-AGCUASPrivacy@faa.gov. Background On February 14, 2012, the President signed the FAA Modernization and Reform Act, Public Law 112–95 (FMRA) into law. The statute contains a number of provisions pertaining to integration of unmanned aircraft systems (UAS) into the National Airspace System (NAS). To assist the agency in integrating UAS, section 332(c) of FMRA directs the FAA, in coordination with the National Aeronautics and Space Administration (NASA) and the Department of Defense (DoD), to develop a UAS test site program for purposes of gathering safety and technical information relevant to the safe and efficient integration of UAS into the NAS. Under the test site program, the FAA will select six test ranges, taking into consideration factors such as geographic and climatic diversity, as well as the location of necessary ground infrastructure to support the sites, and research needs. The FAA has developed the UAS test site program with the input of the public. The FAA began an outreach effort to gather input on the criteria and processes the FAA should use to select the test sites. In March 2012, the FAA posted a Request for Comments (RFC) in the Federal Register [Docket No. FAA– 2012–0252] and in April 2012, the FAA hosted two public webinars to interact directly with the public. This outreach effort informed the agency in developing its plan for designating the sites. Based on the feedback received through this outreach effort, the FAA is using its Acquisition Management System (AMS) to solicit applications from entities interested in operating a E:\FR\FM\22FEP1.SGM 22FEP1

Agencies

[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Proposed Rules]
[Pages 12256-12259]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04045]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0092; Directorate Identifier 2012-NM-067-AD]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. This proposed 
AD was prompted by reports of chafing between the auxiliary power unit 
(APU) electronic starter controller (ESC) power cables and the airplane 
tail cone firewall. This proposed AD would require a detailed 
inspection for damage to the insulation and inner conductors of the APU 
ESC power cables, installing

[[Page 12257]]

new grommet support in the tail cone firewall, and corrective actions 
if necessary. We are proposing this AD to detect and correct damage to 
the APU ESC power cable harness, which if not corrected, could result 
in reduced structural integrity of the fuselage and empennage in the 
event of fire penetration through the firewall.

DATES: We must receive comments on this proposed AD by April 8, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro 
Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos Campos--SP--
BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12 
3927-7546; email distrib@embraer.com.br; Internet https://www.flyembraer.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Cindy Ashforth, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-2768; 
fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0092; 
Directorate Identifier 2012-NM-067-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directives 2012-03-03 and 2012-03-04, both dated April 
13, 2012 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    It has been found the occurrences of chafing between the 
Auxiliary Power Unit (APU) Electronic Starter Controller (ESC) power 
cables (harness W205) and the airplane tail cone firewall due to the 
grommet installed in the tail cone firewall moves out of its place. 
This condition, if not corrected, may result in reduced structural 
integrity of the fuselage and empennage in an event of fire 
penetration through the firewall.

The required actions include a detailed inspection for damage to the 
harness insulation and inner conductors of the APU ESC power cables, 
installing a new grommet support in the tail cone firewall, and 
corrective actions if necessary. Corrective actions include repairing 
the harness W205 insulation or replacing the harness W205 of the APU 
ESC power cables with a new harness. You may obtain further information 
by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Service Bulletin 170-53-0093, Revision 01, dated 
March 16, 2012 (for Model ERJ 170 airplanes); Service Bulletin 190-53-
0054, Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes); 
and Service Bulletin 190LIN-53-0059, Revision 01, dated March 16, 2012 
(for Model ERJ 190-100 ECJ airplanes). The actions described in this 
service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    Although Brazilian Airworthiness Directive AD 2012-03-04, dated 
April 13, 2012, specifies a compliance time of ``within 3,000 flight 
hours (FH)'' after the effective date of this AD for performing a 
detailed inspection on the APU ESC power cables for damage, this AD 
requires the action be done within 3,000 flight hours (FH) or 18 months 
after the effective date of this AD, whichever occurs first. This 
proposed compliance time aligns with the compliance time listed in 
Brazilian AD 2012-03-03, dated April 13, 2012.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 253 products of U.S. registry. We also estimate that 
it would take about 15 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $0 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these parts. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $322,575, or $1,275 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.

[[Page 12258]]

    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

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:

Embraer S.A.: Docket No. FAA-2013-0092; Directorate Identifier 2012-
NM-067-AD.

(a) Comments Due Date

    We must receive comments by April 8, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplane models identified in paragraphs 
(c)(1) and (c)(2) of this AD.
    (1) Embraer S.A. Model ERJ 170-100 LR, -100 STD, -100 SE., and -
100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD 
airplanes; certificated in any category; as identified in Embraer 
Service Bulletin 170-53-0093, Revision 01, dated March 16, 2012.
    (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 190-53-0054, Revision 01, dated March 16, 2012; and 
Embraer Service Bulletin 190LIN-53-0059, Revision 01, dated March 
16, 2012.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by reports of chafing between the auxiliary 
power unit (APU) electronic starter controller (ESC) power cables 
and the airplane tail cone firewall. We are issuing this AD to 
detect and correct damage to the APU ESC power cable harness, which 
could result in reduced structural integrity of the fuselage and 
empennage in the event of fire penetration through the firewall.

(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) Detailed Inspection, Installation, and Corrective Actions

    Within 3,000 flight hours or 18 months after the effective date 
of this AD, whichever occurs first: Do a detailed visual inspection 
for damage to the insulation and inner conductors of the APU ESC 
power cables (harness W205), in accordance with the Accomplishment 
Instructions of Embraer Service Bulletin 170-53-0093, Revision 01, 
dated March 16, 2012 (for Model ERJ 170 airplanes); Embraer Service 
Bulletin 190-53-0054, Revision 01, dated March 16, 2012 (for Model 
ERJ 190 airplanes except for Model ERJ 190-100 ECJ airplanes); and 
Embraer Service Bulletin 190LIN-53-0059, Revision 01, dated March 
16, 2012 (for Model ERJ 190-100 ECJ airplanes).
    (1) If no damage is found, before further flight, install a new 
grommet support having part number (P/N) 191-21716-003 in the tail 
cone firewall, in accordance with the Accomplishment Instructions of 
Embraer Service Bulletin 170-53-0093, Revision 01, dated March 16, 
2012 (for Model ERJ 170 airplanes); Embraer Service Bulletin 190-53-
0054, Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes 
except for Model ERJ 190-100 ECJ airplanes); and Embraer Service 
Bulletin 190LIN-53-0059, Revision 01, dated March 16, 2012 (for 
Model ERJ 190-100 ECJ airplanes).
    (2) If any damage is found during any inspection required in 
paragraph (g) of this AD, that affects only the insulation of 
harness W205 of the APU ESC power cables: Before further flight, 
repair the insulation and install a new grommet support having P/N 
191-21716-003 in the tail cone firewall, in accordance with the 
Accomplishment Instructions of Embraer Service Bulletin 170-53-0093, 
Revision 01, dated March 16, 2012 (for Model ERJ 170 airplanes); 
Embraer Service Bulletin 190-53-0054, Revision 01, dated March 16, 
2012 (for Model ERJ 190 airplanes except for Model ERJ 190-100 ECJ 
airplanes); or Embraer Service Bulletin 190LIN-53-0059, Revision 01, 
dated March 16, 2012 (for Model ERJ 190-100 ECJ airplanes).
    (3) If any damage is found during any inspection required in 
paragraph (g) of this AD that affects the insulation of harness W205 
of the APU ESC power cables and the inner conductors: Before further 
flight, replace the harness with a new harness and install a new 
grommet support having P/N 191-21716-003 in the tail cone firewall, 
in accordance with the Accomplishment Instructions of Embraer 
Service Bulletin 170-53-0093, Revision 01, dated March 16, 2012 (for 
Model ERJ 170 airplanes); Embraer Service Bulletin 190-53-0054, 
Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes 
except for Model ERJ 190-100 ECJ airplanes); and Embraer Service 
Bulletin 190LIN-53-0059, Revision 01, dated March 16, 2012 (for 
Model ERJ 190-100 ECJ airplanes).

(h) 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; phone: 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

[[Page 12259]]

(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directives 2012-03-03 and 2012-03-04, 
dated April 13, 2012; and the service information specified in 
paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this AD; for 
related information.
    (i) Embraer Service Bulletin 170-53-0093, Revision 01, dated 
March 16, 2012.
    (ii) Embraer Service Bulletin 190-53-0054, Revision 01, dated 
March 16, 2012.
    (iii) Embraer Service Bulletin 190LIN-53-0059, Revision 01, 
dated March 16, 2012.
    (2) For service information identified in this AD, contact 
Embraer S.A., Technical Publications Section (PC 060), Av. 
Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos 
Campos--SP--BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732; 
fax +55 12 3927-7546; email distrib@embraer.com.br; Internet https://www.flyembraer.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on February 11, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-04045 Filed 2-21-13; 8:45 am]
BILLING CODE 4910-13-P
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