Airworthiness Directives; Embraer S.A. Airplanes, 540-542 [2013-31450]
Download as PDF
540
Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations
Issued in Renton, Washington, on
December 20, 2013.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2013–31312 Filed 1–3–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–1108; Directorate
Identifier 2011–NM–283–AD; Amendment
39–17700; AD 2013–25–04]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
sroberts on DSK5SPTVN1PROD with RULES
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for certain
Embraer S.A. Model ERJ 170 and ERJ
190 airplanes. This AD was prompted
by reports of failures of the emergency
slide on the forward passenger door,
which prevented the door from opening.
This AD requires repetitive re-packing
of certain forward door escape slides.
We are issuing this AD to prevent
failure of the emergency slide, which
can prevent the forward passenger door
from opening, and which could result in
impeded emergency evacuation and
possible subsequent injury to passengers
and flightcrew.
DATES: This AD becomes effective
February 10, 2014.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of February 10, 2014.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov/
#!docketDetail;D=FAA-2012-1108; 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 Embraer 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. For Goodrich
VerDate Mar<15>2010
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service information identified in this
AD, contact Goodrich Corporation,
Aircraft Interior Products, ATTN:
Technical Publications, 3414 South
Fifth Street, Phoenix, Arizona 85040;
telephone 602–243–2270; email
george.yribarren@goodrich.com; Internet
https://www.goodrich.com/TechPubs.
You may view this referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue
SW., Renton, WA. For information on
the availability of this material at the
FAA, call 425–227–1221.
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 by adding an AD that would
apply to the specified products. The
NPRM was published in the Federal
Register on October 25, 2012 (77 FR
65144). The NPRM proposed to correct
an unsafe condition for the specified
ˆ
products. The Agencia Nacional de
Aviacao Civil (ANAC), which is the
¸˜
aviation authority for Brazil, has issued
Brazilian Airworthiness Directives
2011–12–01 and 2011–12–02, both
effective December 27, 2011 (referred to
after this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for the specified products. MCAI
Brazilian Airworthiness Directive 2011–
12–01 states:
During operational checks of escape slide P/
N [part number] 4A4030–5, some operators
have reported failure in the escape slide
preventing the forward passenger door
opening. This [Brazilian] AD is being issued
to prevent failure of this system which could
impede an emergency evacuation and
increase the chance of injury to passengers
and flight crew.
*
*
*
*
*
MCAI Brazilian Airworthiness Directive
2011–12–02 states:
During scheduled deployment tests of escape
slide P/N 104003–2, some operators have
reported failure in the escape slide
preventing the forward passenger door
opening. This [Brazilian] AD is being issued
to prevent failure of this system which could
impede an emergency evacuation and
increase the chance of injury to passengers
and flight crew.
*
*
*
*
*
The required action is repetitive repacking of certain forward door escape
PO 00000
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Fmt 4700
Sfmt 4700
slides. You may examine the MCAI in
the AD docket on the Internet at
https://www.regulations.gov/
#!documentDetail;D=FAA-2012-11080002.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Request to Reference Newer Revisions
of Service Information
Embraer requested that paragraphs
(h), (j)(1)(i), and (j)(1)(ii) of the NPRM
(77 FR 65144, October 25, 2012)
reference newer revisions of the
maintenance review board reports.
These new revisions are EMBRAER 170/
175 Maintenance Review Board Report,
MRB–1621, Revision 8, dated August
20, 2012; and EMBRAER 190/195
Maintenance Review Board Report,
MRB–1928, Revision 6, dated August
20, 2012.
We agree to revise paragraph (h) of
this final rule to also reference the
newer revisions. However, paragraphs
(j)(1)(i) and (j)(1)(ii), along with
paragraphs (j)(1)(iii), (j)(1)(iv), and (j)(2)
of the NPRM (77 FR 65144, October 25,
2012), were removed from this final rule
and are identified in the Incorporation
by Reference section (paragraph (k) of
this final rule).
Request To Add Alternative
Maintenance Instructions for Model
ERJ 190–100 ECJ Airplanes
Embraer requested that the NPRM (77
FR 65144, October 25, 2012) reference
Task 25–65–01–001, Emergency
Evacuation Slide Assembly, in
EMBRAER Lineage 1000 Maintenance
Planning Guide, MPG–2928, Revision 3,
dated September 28, 2012 (for Model
ERJ 190–100 ECJ airplanes), instead of
Section 1, ‘‘System and Powerplant
Maintenance Requirements,’’ of
EMBRAER 190 Maintenance Review
Board Report, MRB–1928, Revision 5,
dated November 11, 2010. Task 25–65–
01–001 of the EMBRAER 190/195
Maintenance Review Board Report,
MRB–1928, Revision 6, dated August
20, 2012; and Task 25–65–01–001 of
Section 1, ‘‘System and Powerplant
Maintenance Requirements,’’ of
EMBRAER 190 Maintenance Review
Board Report, MRB–1928, Revision 5,
dated November 11, 2010; are not
applicable to the ERJ 190–100 ECJ
model.
We agree. Since operators of Model
ERJ 190–100 ECJ airplanes are not able
to comply with the requirements of this
final rule using EMBRAER 190/195
Maintenance Review Board Reports, we
have added paragraph (h)(2) to this final
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Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations
rule to allow those operators to use the
EMBRAER Lineage 1000 (ERJ 190–100
ECJ) Maintenance Planning Guide
instead. This change does not expand
the scope of the NPRM (77 FR 65144,
October 25, 2012).
sroberts on DSK5SPTVN1PROD with RULES
Request To Extend Repetitive Repacking Interval
US Airways requested that the
repetitive re-packing interval in its
current slide maintenance program be
left at 36 months instead changing it to
the 18 months proposed in the NPRM
(77 FR 65144, October 25, 2012). US
Airways suggested a one-time re-pack
interval of 18 months and a repetitive
re-pack interval of 36 months;
otherwise, the reduced interval would
add extensive work-hours and cost to
change to and maintain an 18-month
repetitive re-pack interval.
We disagree with the requested
change. To allow a 36-month repetitive
re-pack interval instead of an 18-month
re-pack interval would defeat/
counteract the intent of this AD. Over
time, the slide can develop a ‘‘set’’
position, which prevents the slide from
properly deploying in an emergency.
Re-packing at the reduced interval of 18
months is intended to prevent the ‘‘set’’
and improves reliability of the slide in
an emergency. We have not changed
this final rule in this regard.
Request To Allow Credit for Previously
Re-packed Slides
US Airways requested a time
allowance for slides that have been
previously re-packed using the
Goodrich service information. US
Airways stated that regardless if its
slides have been re-packed, the 18month requirement is enforced. US
Airways requested that those slides that
have been previously re-packed using
the applicable Goodrich service
information be exempt from the 18month re-packing requirement and be
allowed to enter the repetitive
maintenance schedule at the 36-month
overhaul interval.
We disagree. As explained in the
comment response to ‘‘Request to
Extend Repetitive Re-packing Interval,’’
the intent of this AD is to prevent ‘‘set’’
by re-packing the slide at 18-month
intervals instead of only at the 36-month
maintenance overhaul. Paragraphs (g)
and (h) of this AD specify that repacking must be done at least every 18
months, but accomplishing an overhaul
instead is also acceptable since the
overhaul process includes re-packing
the slide. An operator could choose to
re-pack the slide at 18 months, overhaul
the slide at 36 months, re-pack at 54
months, overhaul at 72 months, and so
VerDate Mar<15>2010
16:04 Jan 03, 2014
Jkt 232001
on. However, operators should note that
once the slide is 15 years old, the task
specified in paragraph (h) of this final
rule currently requires that the slides be
overhauled at intervals not to exceed 12
months. We have not changed this final
rule in this regard.
Conclusion
We reviewed the available data,
including the comments received, and
determined that air safety and the
public interest require adopting this AD
with the changes described previously
and minor editorial changes. We have
determined that these changes:
• Are consistent with the intent that
was proposed in the NPRM (77 FR
65144, October 25, 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 65144,
October 25, 2012).
Costs of Compliance
We estimate that this AD affects 235
products of U.S. registry. We also
estimate that it will take about 2 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 between $435
and $542 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 U.S. operators to be between
$153,065 and $180,136, or $605 and
$712 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
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541
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.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov/
#!docketDetail;D=FAA-2012-1108; or in
person at the Docket Management
Facility between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
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.
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:
■
2013–25–04 Embraer S.A.: Amendment 39–
17700. Docket No. FAA–2012–1108;
Directorate Identifier 2011–NM–283–AD.
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542
Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations
(a) Effective Date
This airworthiness directive (AD) becomes
effective February 10, 2014.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the airplanes identified
in paragraphs (c)(1) and (c)(2) of this AD,
certificated in any category.
(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; equipped with Goodrich
escape slides having part number (P/N)
4A4030–5.
(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; equipped with Goodrich
escape slides having P/N 104003–2.
(d) Subject
Air Transport Association (ATA) of
America Code 25; Equipment/Furnishings.
(e) Reason
This AD was prompted by reports of
failures of the emergency slide on the
forward passenger door, which prevented the
door from opening. We are issuing this AD
to prevent failure of the emergency slide,
which can prevent the forward passenger
door from opening, and which could result
in impeded emergency evacuation and
possible subsequent injury to passengers and
flightcrew.
sroberts on DSK5SPTVN1PROD 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) Repetitive Re-Packing of the Escape Slide
At the applicable compliance times
identified in paragraphs (g)(1) and (g)(2) of
this AD, re-pack the forward door escape
slide in accordance with the
Accomplishment Instructions of Goodrich
Alert Service Bulletin 4A4030–25A402,
dated June 30, 2011 (for Model ERJ 170
airplanes); or Goodrich Alert Service Bulletin
104003–25A403, dated June 30, 2011 (for
Model ERJ 190 airplanes). Repeat the repacking thereafter at intervals not to exceed
18 months.
(1) For escape slides that have not been
repacked as of the effective date of this AD:
Within 18 months after date of manufacture
of the escape slide or within 6 months after
the effective date of this AD, whichever
occurs later.
(2) For escape slides that have been
repacked as of the effective date of this AD:
Within 18 months after the last re-pack of the
escape slide or within 6 months after the
effective date of this AD, whichever occurs
later.
(h) Method of Compliance
Accomplishing an overhaul of the escape
slide as specified in Task 25–65–01–001,
‘‘Emergency Evacuation Slide Assembly,’’ of
the applicable maintenance document
identified in paragraphs (h)(1), (h)(2), and
VerDate Mar<15>2010
16:04 Jan 03, 2014
Jkt 232001
(h)(3) of this AD, is acceptable for
compliance with any re-pack required by
paragraph (g) of this AD.
(1) For Model ERJ 170 airplanes:
EMBRAER 170/175 Maintenance Review
Board Report, MRB–1621, Revision 8, dated
August 20, 2012; or Section 1, ‘‘System and
Powerplant Maintenance Requirements,’’ of
EMBRAER 170 Maintenance Review Board
Report, MRB–1621, Revision 7, dated
November 11, 2010.
(2) For Model ERJ 190–100 ECJ airplanes:
EMBRAER Lineage 1000 Maintenance
Planning Guide, MPG–2928, Revision 3,
dated September 28, 2012.
(3) For Model ERJ 190–100 STD, –100 LR,
and –100 IGW airplanes; and Model ERJ 190–
200 STD, –200 LR, and –200 IGW airplanes:
EMBRAER 190/195 Maintenance Review
Board Report, MRB–1928, Revision 6, dated
August 20, 2012; or Section 1, ‘‘System and
Powerplant Maintenance Requirements,’’ of
EMBRAER 190 Maintenance Review Board
Report, MRB–1928, Revision 5, dated
November 11, 2010.
(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 Mandatory Continuing
Airworthiness Information (MCAI) Brazilian
Airworthiness Directives 2011–12–01 and
2011–12–02, both effective December 27,
2011, for related information. The MCAI can
be found in the AD docket on the Internet at
https://www.regulations.gov/
#!documentDetail;D=FAA-2012-1108-0002.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
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Fmt 4700
Sfmt 9990
(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) Goodrich Alert Service Bulletin 104003–
25A403, dated June 30, 2011.
(ii) Goodrich Alert Service Bulletin
4A4030–25A402, dated June 30, 2011.
(iii) Task 25–65–01–001, ‘‘Emergency
Evacuation Slide Assembly,’’ of Section 1,
‘‘System and Powerplant Maintenance
Requirements,’’ of EMBRAER 170
Maintenance Review Board Report, MRB–
1621, Revision 7, dated November 11, 2010.
(iv) Task 25–65–01–001, ‘‘Emergency
Evacuation Slide Assembly,’’ of EMBRAER
170/175 Maintenance Review Board Report,
MRB–1621, Revision 8, dated August 20,
2012.
(v) Task 25–65–01–001, ‘‘Emergency
Evacuation Slide Assembly,’’ of Section 1,
‘‘System and Powerplant Maintenance
Requirements,’’ of EMBRAER 190
Maintenance Review Board Report, MRB–
1928, Revision 5, dated November 11, 2010.
(vi) Task 25–65–01–001, ‘‘Emergency
Evacuation Slide Assembly,’’ of EMBRAER
190/195 Maintenance Review Board Report,
MRB–1928, Revision 6, dated August 20,
2012.
(vii) Task 25–65–01–001, ‘‘Emergency
Evacuation Slide Assembly,’’ of EMBRAER
Lineage 1000 Maintenance Planning Guide,
MPG–2928, Revision 3, dated September 28,
2012.
(3) For Embraer 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.
(4) For Goodrich service information
identified in this AD, contact Goodrich
Corporation, Aircraft Interior Products,
ATTN: Technical Publications, 3414 South
Fifth Street, Phoenix, Arizona 85040;
telephone 602–243–2270; email
george.yribarren@goodrich.com; Internet
https://www.goodrich.com/TechPubs.
(5) You may view this service information
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(6) 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
December 4, 2013.
John P. Piccola,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2013–31450 Filed 1–3–14; 8:45 am]
BILLING CODE 4910–13–P
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Agencies
[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Rules and Regulations]
[Pages 540-542]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31450]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1108; Directorate Identifier 2011-NM-283-AD;
Amendment 39-17700; AD 2013-25-04]
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
Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. This AD was prompted
by reports of failures of the emergency slide on the forward passenger
door, which prevented the door from opening. This AD requires
repetitive re-packing of certain forward door escape slides. We are
issuing this AD to prevent failure of the emergency slide, which can
prevent the forward passenger door from opening, and which could result
in impeded emergency evacuation and possible subsequent injury to
passengers and flightcrew.
DATES: This AD becomes effective February 10, 2014.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 10,
2014.
ADDRESSES: You may examine the AD docket on the Internet at https://www.regulations.gov/#!docketDetail;D=FAA-2012-1108; 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 Embraer 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. For Goodrich service information identified in this
AD, contact Goodrich Corporation, Aircraft Interior Products, ATTN:
Technical Publications, 3414 South Fifth Street, Phoenix, Arizona
85040; telephone 602-243-2270; email george.yribarren@goodrich.com;
Internet https://www.goodrich.com/TechPubs. You may view this referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call 425-227-1221.
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 by adding an AD that would apply to the specified products. The
NPRM was published in the Federal Register on October 25, 2012 (77 FR
65144). The NPRM proposed to correct an unsafe condition for the
specified products. The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC), which is the aviation authority for Brazil, has issued
Brazilian Airworthiness Directives 2011-12-01 and 2011-12-02, both
effective December 27, 2011 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for the specified products. MCAI Brazilian
Airworthiness Directive 2011-12-01 states:
During operational checks of escape slide P/N [part number] 4A4030-
5, some operators have reported failure in the escape slide
preventing the forward passenger door opening. This [Brazilian] AD
is being issued to prevent failure of this system which could impede
an emergency evacuation and increase the chance of injury to
passengers and flight crew.
* * * * *
MCAI Brazilian Airworthiness Directive 2011-12-02 states:
During scheduled deployment tests of escape slide P/N 104003-2, some
operators have reported failure in the escape slide preventing the
forward passenger door opening. This [Brazilian] AD is being issued
to prevent failure of this system which could impede an emergency
evacuation and increase the chance of injury to passengers and
flight crew.
* * * * *
The required action is repetitive re-packing of certain forward door
escape slides. You may examine the MCAI in the AD docket on the
Internet at https://www.regulations.gov/#!documentDetail;D=FAA-2012-
1108-0002.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request to Reference Newer Revisions of Service Information
Embraer requested that paragraphs (h), (j)(1)(i), and (j)(1)(ii) of
the NPRM (77 FR 65144, October 25, 2012) reference newer revisions of
the maintenance review board reports. These new revisions are EMBRAER
170/175 Maintenance Review Board Report, MRB-1621, Revision 8, dated
August 20, 2012; and EMBRAER 190/195 Maintenance Review Board Report,
MRB-1928, Revision 6, dated August 20, 2012.
We agree to revise paragraph (h) of this final rule to also
reference the newer revisions. However, paragraphs (j)(1)(i) and
(j)(1)(ii), along with paragraphs (j)(1)(iii), (j)(1)(iv), and (j)(2)
of the NPRM (77 FR 65144, October 25, 2012), were removed from this
final rule and are identified in the Incorporation by Reference section
(paragraph (k) of this final rule).
Request To Add Alternative Maintenance Instructions for Model ERJ 190-
100 ECJ Airplanes
Embraer requested that the NPRM (77 FR 65144, October 25, 2012)
reference Task 25-65-01-001, Emergency Evacuation Slide Assembly, in
EMBRAER Lineage 1000 Maintenance Planning Guide, MPG-2928, Revision 3,
dated September 28, 2012 (for Model ERJ 190-100 ECJ airplanes), instead
of Section 1, ``System and Powerplant Maintenance Requirements,'' of
EMBRAER 190 Maintenance Review Board Report, MRB-1928, Revision 5,
dated November 11, 2010. Task 25-65-01-001 of the EMBRAER 190/195
Maintenance Review Board Report, MRB-1928, Revision 6, dated August 20,
2012; and Task 25-65-01-001 of Section 1, ``System and Powerplant
Maintenance Requirements,'' of EMBRAER 190 Maintenance Review Board
Report, MRB-1928, Revision 5, dated November 11, 2010; are not
applicable to the ERJ 190-100 ECJ model.
We agree. Since operators of Model ERJ 190-100 ECJ airplanes are
not able to comply with the requirements of this final rule using
EMBRAER 190/195 Maintenance Review Board Reports, we have added
paragraph (h)(2) to this final
[[Page 541]]
rule to allow those operators to use the EMBRAER Lineage 1000 (ERJ 190-
100 ECJ) Maintenance Planning Guide instead. This change does not
expand the scope of the NPRM (77 FR 65144, October 25, 2012).
Request To Extend Repetitive Re-packing Interval
US Airways requested that the repetitive re-packing interval in its
current slide maintenance program be left at 36 months instead changing
it to the 18 months proposed in the NPRM (77 FR 65144, October 25,
2012). US Airways suggested a one-time re-pack interval of 18 months
and a repetitive re-pack interval of 36 months; otherwise, the reduced
interval would add extensive work-hours and cost to change to and
maintain an 18-month repetitive re-pack interval.
We disagree with the requested change. To allow a 36-month
repetitive re-pack interval instead of an 18-month re-pack interval
would defeat/counteract the intent of this AD. Over time, the slide can
develop a ``set'' position, which prevents the slide from properly
deploying in an emergency. Re-packing at the reduced interval of 18
months is intended to prevent the ``set'' and improves reliability of
the slide in an emergency. We have not changed this final rule in this
regard.
Request To Allow Credit for Previously Re-packed Slides
US Airways requested a time allowance for slides that have been
previously re-packed using the Goodrich service information. US Airways
stated that regardless if its slides have been re-packed, the 18-month
requirement is enforced. US Airways requested that those slides that
have been previously re-packed using the applicable Goodrich service
information be exempt from the 18-month re-packing requirement and be
allowed to enter the repetitive maintenance schedule at the 36-month
overhaul interval.
We disagree. As explained in the comment response to ``Request to
Extend Repetitive Re-packing Interval,'' the intent of this AD is to
prevent ``set'' by re-packing the slide at 18-month intervals instead
of only at the 36-month maintenance overhaul. Paragraphs (g) and (h) of
this AD specify that re-packing must be done at least every 18 months,
but accomplishing an overhaul instead is also acceptable since the
overhaul process includes re-packing the slide. An operator could
choose to re-pack the slide at 18 months, overhaul the slide at 36
months, re-pack at 54 months, overhaul at 72 months, and so on.
However, operators should note that once the slide is 15 years old, the
task specified in paragraph (h) of this final rule currently requires
that the slides be overhauled at intervals not to exceed 12 months. We
have not changed this final rule in this regard.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these changes:
Are consistent with the intent that was proposed in the
NPRM (77 FR 65144, October 25, 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 65144, October 25, 2012).
Costs of Compliance
We estimate that this AD affects 235 products of U.S. registry. We
also estimate that it will take about 2 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 between $435 and $542
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 U.S.
operators to be between $153,065 and $180,136, or $605 and $712 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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov/#!docketDetail;D=FAA-2012-1108; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this 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.
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:
2013-25-04 Embraer S.A.: Amendment 39-17700. Docket No. FAA-2012-
1108; Directorate Identifier 2011-NM-283-AD.
[[Page 542]]
(a) Effective Date
This airworthiness directive (AD) becomes effective February 10,
2014.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the airplanes identified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category.
(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; equipped with Goodrich escape slides having part number
(P/N) 4A4030-5.
(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; equipped with Goodrich escape slides having P/N 104003-2.
(d) Subject
Air Transport Association (ATA) of America Code 25; Equipment/
Furnishings.
(e) Reason
This AD was prompted by reports of failures of the emergency
slide on the forward passenger door, which prevented the door from
opening. We are issuing this AD to prevent failure of the emergency
slide, which can prevent the forward passenger door from opening,
and which could result in impeded emergency evacuation and possible
subsequent injury to passengers and flightcrew.
(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) Repetitive Re-Packing of the Escape Slide
At the applicable compliance times identified in paragraphs
(g)(1) and (g)(2) of this AD, re-pack the forward door escape slide
in accordance with the Accomplishment Instructions of Goodrich Alert
Service Bulletin 4A4030-25A402, dated June 30, 2011 (for Model ERJ
170 airplanes); or Goodrich Alert Service Bulletin 104003-25A403,
dated June 30, 2011 (for Model ERJ 190 airplanes). Repeat the re-
packing thereafter at intervals not to exceed 18 months.
(1) For escape slides that have not been repacked as of the
effective date of this AD: Within 18 months after date of
manufacture of the escape slide or within 6 months after the
effective date of this AD, whichever occurs later.
(2) For escape slides that have been repacked as of the
effective date of this AD: Within 18 months after the last re-pack
of the escape slide or within 6 months after the effective date of
this AD, whichever occurs later.
(h) Method of Compliance
Accomplishing an overhaul of the escape slide as specified in
Task 25-65-01-001, ``Emergency Evacuation Slide Assembly,'' of the
applicable maintenance document identified in paragraphs (h)(1),
(h)(2), and (h)(3) of this AD, is acceptable for compliance with any
re-pack required by paragraph (g) of this AD.
(1) For Model ERJ 170 airplanes: EMBRAER 170/175 Maintenance
Review Board Report, MRB-1621, Revision 8, dated August 20, 2012; or
Section 1, ``System and Powerplant Maintenance Requirements,'' of
EMBRAER 170 Maintenance Review Board Report, MRB-1621, Revision 7,
dated November 11, 2010.
(2) For Model ERJ 190-100 ECJ airplanes: EMBRAER Lineage 1000
Maintenance Planning Guide, MPG-2928, Revision 3, dated September
28, 2012.
(3) For Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes;
and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes: EMBRAER
190/195 Maintenance Review Board Report, MRB-1928, Revision 6, dated
August 20, 2012; or Section 1, ``System and Powerplant Maintenance
Requirements,'' of EMBRAER 190 Maintenance Review Board Report, MRB-
1928, Revision 5, dated November 11, 2010.
(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 Mandatory Continuing Airworthiness Information (MCAI)
Brazilian Airworthiness Directives 2011-12-01 and 2011-12-02, both
effective December 27, 2011, for related information. The MCAI can
be found in the AD docket on the Internet at https://www.regulations.gov/#!documentDetail;D=FAA-2012-1108-0002.
(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) Goodrich Alert Service Bulletin 104003-25A403, dated June
30, 2011.
(ii) Goodrich Alert Service Bulletin 4A4030-25A402, dated June
30, 2011.
(iii) Task 25-65-01-001, ``Emergency Evacuation Slide
Assembly,'' of Section 1, ``System and Powerplant Maintenance
Requirements,'' of EMBRAER 170 Maintenance Review Board Report, MRB-
1621, Revision 7, dated November 11, 2010.
(iv) Task 25-65-01-001, ``Emergency Evacuation Slide Assembly,''
of EMBRAER 170/175 Maintenance Review Board Report, MRB-1621,
Revision 8, dated August 20, 2012.
(v) Task 25-65-01-001, ``Emergency Evacuation Slide Assembly,''
of Section 1, ``System and Powerplant Maintenance Requirements,'' of
EMBRAER 190 Maintenance Review Board Report, MRB-1928, Revision 5,
dated November 11, 2010.
(vi) Task 25-65-01-001, ``Emergency Evacuation Slide Assembly,''
of EMBRAER 190/195 Maintenance Review Board Report, MRB-1928,
Revision 6, dated August 20, 2012.
(vii) Task 25-65-01-001, ``Emergency Evacuation Slide
Assembly,'' of EMBRAER Lineage 1000 Maintenance Planning Guide, MPG-
2928, Revision 3, dated September 28, 2012.
(3) For Embraer 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) For Goodrich service information identified in this AD,
contact Goodrich Corporation, Aircraft Interior Products, ATTN:
Technical Publications, 3414 South Fifth Street, Phoenix, Arizona
85040; telephone 602-243-2270; email george.yribarren@goodrich.com;
Internet https://www.goodrich.com/TechPubs.
(5) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
(6) 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 December 4, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-31450 Filed 1-3-14; 8:45 am]
BILLING CODE 4910-13-P