Airworthiness Directives; Embraer S.A. Airplanes, 11013-11016 [2014-04256]

Download as PDF Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Proposed Rules if the production approval holder intends to issue those documents. These procedures must provide for the selection, appointment, training, management, and removal of individuals authorized by the production approval holder to issue authorized release documents. These documents may be issued for new aircraft engines, propellers, and articles; and for used aircraft engines, propellers, and articles when rebuilt, or altered, in accordance with § 43.3(j) of this chapter. When an authorized release document is being used for the purpose of export, the production approval holder must comply with the procedures applicable to the export of new and used aircraft engines, propellers, and articles specified in § 21.331 and the responsibilities of exporters specified in § 21.335 of this part. ■ 5. Revise § 21.142 to read as follows: § 21.142 Production limitation record. The FAA issues a production limitation record as part of a production certificate. The record lists the type certificate number and model of every product that the production certificate holder is authorized to manufacture, and identifies every interface component that the production certificate holder is authorized to manufacture and install. ■ 6. Revise § 21.147 to read as follows: TKELLEY on DSK3SPTVN1PROD with PROPOSALS § 21.147 Amendment of production certificates. (a) The holder of a production certificate must apply for an amendment to a production certificate in a form and manner prescribed by the FAA. (b) The applicant for an amendment to a production certificate to add a type certificate or model, or both, must comply with the applicable requirements of §§ 21.137, 21.138, and 21.150. (c) The applicant for an amendment to a production certificate may have its production limitation record amended to allow the manufacture and installation of an interface component, provided— (1) The design and installation data for the interface component is owned by, or licensed to, the applicant and made available to the FAA upon request; (2) The interface component is manufactured by the applicant; (3) The applicant’s product conforms to its approved type design and the interface component conforms to its approved type design data; (4) The assembled product with the installed interface component is in a condition for safe operation; and VerDate Mar<15>2010 17:29 Feb 26, 2014 Jkt 232001 (5) The applicant complies with any other conditions and limitations the FAA considers necessary. ■ 7. Revise § 21.305 to read as follows: ■ § 21.305 11013 * Organization. (a) Each applicant for or holder of a PMA must provide the FAA with a document describing how its organization will ensure compliance with the provisions of this subpart. In addition, the document must identify an accountable manager and describe assigned responsibilities, delegated authorities, and the functional relationship of those responsible for quality to management and other organizational components. (b) The accountable manager specified in paragraph (a) of this section is responsible for, and has the authority over, all production operations that are conducted under this part. The production approval holder must ensure that the accountable manager confirms the procedures described in the quality manual are in place and the requirements of the applicable regulations are met. The accountable manager serves as the primary contact with the FAA. ■ 8. Revise § 21.605 to read as follows: § 21.605 Organization. (a) Each applicant for or holder of a TSO authorization must provide the FAA with a document describing how its organization will ensure compliance with the provisions of this subpart. In addition, the document must identify an accountable manager and describe assigned responsibilities, delegated authorities, and the functional relationship of those responsible for quality to management and other organizational components. (b) The accountable manager specified in paragraph (a) of this section is responsible for, and has the authority over, all production operations that are conducted under this part. The production approval holder must ensure that the accountable manager confirms the procedures described in the quality manual are in place and the requirements of the applicable regulations are met. The accountable manager serves as the primary contact with the FAA. PART 45—IDENTIFICATION AND REGISTRATION MARKING 9. The authority citation for part 45 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40103, 40113– 40114, 44101–44105, 44107–44111, 44504, 44701, 44708–44709, 44711–44713, 44725, 45302–45303, 46104, 46304, 46306, 47122. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 10. Amend § 45.11 by revising paragraph (c) introductory text to read as follows: § 45.11 Marking of products. * * * * (c) Propellers and propeller blades and hubs. Each person who produces a propeller, propeller blade, or propeller hub under a type certificate or production certificate must mark each product or part. Except for a fixed-pitch wooden propeller, the marking must be accomplished using an approved fireproof method. The marking must— * * * * * Issued under authority provided by 49 U.S.C. 106(f), 44701(a), and 44703 in Washington, DC, on January 23, 2014. Frank P. Paskiewicz, Deputy Director, Aircraft Certification Service. [FR Doc. 2014–04330 Filed 2–26–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2014–0059; Directorate Identifier 2013–NM–075–AD] RIN 2120–AA64 Airworthiness Directives; Embraer S.A. Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to supersede Airworthiness Directive (AD) 2012–07– 08, for all Embraer S.A. Model ERJ 170 airplanes. AD 2012–07–08 currently requires revising the Airworthiness Limitations Section (ALS) of the Instructions for Continued Airworthiness (ICA) to incorporate new structural inspection requirements. Since we issued AD 2012–07–08, we have determined that more restrictive maintenance requirements and airworthiness limitations are necessary. This proposed AD would require revising the maintenance or inspection program to incorporate new inspections. We are proposing this AD to detect and correct fatigue cracking of structural components, which could result in reduced structural integrity of the airplane. DATES: We must receive comments on this proposed AD by April 14, 2014. ADDRESSES: You may send comments by any of the following methods: SUMMARY: E:\FR\FM\27FEP1.SGM 27FEP1 11014 Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Proposed Rules • 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 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. Examining the AD Docket TKELLEY on DSK3SPTVN1PROD with PROPOSALS You may examine the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2014– 0059; 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: Kathrine Rask, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–2180; 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–2014–0059; Directorate Identifier 2013–NM–075–AD’’ at the beginning of your comments. We specifically invite VerDate Mar<15>2010 17:29 Feb 26, 2014 Jkt 232001 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 On March 29, 2012, we issued AD 2012–07–08, Amendment 39–17014 (77 FR 24342, April 24, 2012). AD 2012–07– 08 requires actions intended to address an unsafe condition on all EMBRAER S.A. Model ERJ 170 airplanes. (AD 2012–07–08 superseded AD 2010–11– 13, Amendment 39–16318 (75 FR 30284, June 1, 2010)). Since we issued AD 2012–07–08, Amendment 39–17014 (77 FR 24342, ˆ April 24, 2012), the Agencia Nacional de Aviacao Civil (ANAC), which is the ¸˜ aviation authority for Brazil, has issued Brazilian Airworthiness Directive 2012– 10–01, effective October 29, 2012 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: This [Brazilian] AD results from a new revision to the Airworthiness Limitations Section (ALS) of Embraer ERJ 170 Maintenance Review Board Report (MRBR 1621), to include new or modification of the current tasks and its respective thresholds and intervals. Failure to inspect these structural components, according to the new or revised tasks, thresholds and intervals, could prevent a timely detection of fatigue cracking. These cracks, if not properly addressed, could adversely affect the structural integrity of the airplane. The required action is revising the maintenance or inspection program to incorporate new structural inspection requirements. You may examine the MCAI in the AD docket on the Internet at https://regulations.gov by searching for and locating it in Docket No. FAA– 2014–0059. Relevant Service Information EMBRAER has issued Part 2— Airworthiness Limitation Inspection (ALI)—Structures, of Appendix A, Airworthiness Limitations of the EMBRAER 170 Maintenance Review Board MRB–1621, Revision 8, dated August 20, 2012. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 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. This proposed AD would require revisions to certain operator maintenance documents to include new actions (e.g., inspections). Compliance with these actions is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this proposed AD, the operator may not be able to accomplish the actions 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 (k) of this proposed AD. The request should include a description of changes to the required inspections that will ensure the continued operational safety of the airplane. This proposed AD would retain only certain paragraphs from AD 2012–07– 08, Amendment 39–17014 (77 FR 24342, April 24, 2012). Because all of the paragraphs in AD 2012–07–08 are not included in this proposed AD, the organization of the retained paragraphs was changed. Costs of Compliance We estimate that this proposed AD affects 171 products of U.S. registry. The actions that are required by AD 2012–07–08, Amendment 39–17014 (77 FR 24342, April 24, 2012), and retained in this proposed AD take about 1 workhour per product, at an average labor rate of $85 per work-hour. Required parts cost about $0 per product. Based on these figures, the estimated cost of the actions that were required by AD 2012–07–08 is $85 per product. We also estimate that it would take about 1 work-hour 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. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $14,535, or $85 per product. E:\FR\FM\27FEP1.SGM 27FEP1 Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Proposed Rules Authority for This Rulemaking § 39.13 Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. ■ Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 3. Will not affect intrastate aviation in Alaska; and 4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. TKELLEY on DSK3SPTVN1PROD with PROPOSALS The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. VerDate Mar<15>2010 17:29 Feb 26, 2014 Jkt 232001 [Amended] 2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2012–07–08, Amendment 39–17014 (77 FR 24342, April 24, 2012), and adding the following new AD: Embraer S.A.: Docket No. FAA–2014–0059; Directorate Identifier 2013–NM–075–AD. (a) Comments Due Date We must receive comments by April 14, 2014. (b) Affected ADs This AD supersedes AD 2012–07–08, Amendment 39–17014 (77 FR 24342, April 24, 2012). (c) Applicability This AD applies to 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; all manufacturer serial numbers. (d) Subject Air Transport Association (ATA) of America Code 52, Doors; Code 53, Fuselage; Code 54, Nacelles/Pylons; Code 55 Stabilizers; Code 57, Wings; Code 71 Powerplant; and Code 78, Exhaust. (e) Reason This AD was prompted by a determination that more restrictive maintenance requirements and airworthiness limitations are necessary. We are issuing this AD to detect and correct fatigue cracking of structural components, which could result in reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Maintenance Program Revision This paragraph restates the action required by paragraph (i) of AD 2012–07–08, Amendment 39–17014 (77 FR 24342, April 24, 2012). (1) Within 60 days after May 29, 2012 (the effective date of AD 2012–07–08, Amendment 39–17014 (77 FR 24342, April 24, 2012)): Revise the maintenance program to incorporate the new or revised tasks specified in Part 2—Airworthiness Limitation Inspection (ALI)—Structures, of Appendix A, Airworthiness Limitations, of the EMBRAER 170 MRBR, MRB–1621, Revision 7, dated November 11, 2010; and EMBRAER Temporary Revision (TR) 7–1, dated February 11, 2011, to Part 2—Airworthiness Limitation Inspection (ALI)—Structures, of Appendix A, Airworthiness Limitations, of the EMBRAER 170 MRBR, MRB–1621, Revision 7; with the initial compliance times and intervals specified in these documents. (2) The initial compliance times for the tasks start from the date of issuance of the original Brazilian airworthiness certificate or the date of issuance of the original Brazilian export certificate of airworthiness of the applicable airplane at the applicable time specified in the tasks, or within 600 flight PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 11015 cycles after revising the maintenance program, whichever occurs later. For certain tasks, the compliance times depend on the pre-modification and post-modification status of the actions specified in the associated service bulletin, as specified in the ‘‘Applicability’’ column of Part 2— Airworthiness Limitation Inspection (ALI)— Structures, of Appendix A, Airworthiness Limitations, of the EMBRAER 170 MRBR, MRB–1621, Revision 7, dated November 11, 2010; and EMBRAER Temporary Revision 7– 1, dated February 11, 2011, to Part 2— Airworthiness Limitation Inspection (ALI)— Structures, of Appendix A, Airworthiness Limitations of the EMBRAER 170 MRBR, MRB–1621, Revision 7. (h) Retained No Alternative Actions, Intervals, and/or Critical Design Configuration Control Limitations (CDCCLs) This paragraph restates the actions required by paragraph (j) of AD 2012–07–08, Amendment 39–17014 (77 FR 24342, April 24, 2012). After accomplishing the revision 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 Part 2—Airworthiness Limitation Inspection (ALI)—Structures, of Appendix A, Airworthiness Limitations, of the EMBRAER 170 MRBR, MRB–1621, Revision 7, dated November 11, 2010; and EMBRAER Temporary Revision 7–1, dated February 11, 2011, to Part 2—Airworthiness Limitation Inspection (ALI)—Structures, of Appendix A, Airworthiness Limitations of the EMBRAER 170 MRBR, MRB–1621, Revision 7; unless the actions or intervals are approved as an alternative method of compliance (AMOC), in accordance with the procedures specified in paragraph (k)(1) of this AD, except as required by paragraph (i) of this AD. (i) New Revision of Maintenance or Inspection Program Within 60 days after the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate the information specified in Part 2— Airworthiness Limitation Inspection (ALI)— Structures, of Appendix A, Airworthiness Limitations of the EMBRAER 170 Maintenance Review Board Report, MRB– 1621, Revision 8, dated August 20, 2012. The initial compliance times for the tasks are at the applicable times specified in Part 2— Airworthiness Limitation Inspection (ALI)— Structures, of Appendix A, Airworthiness Limitations of the EMBRAER 170 Maintenance Review Board Report, MRB– 1621, Revision 8, dated August 20, 2012, or within 60 days after the effective date of this AD, whichever occurs later. Accomplishing the requirements of this paragraph terminates the requirements of paragraph (g) of this AD. (j) No Alternative Actions or Intervals After accomplishing the revision required by paragraph (i) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (k) of this AD. E:\FR\FM\27FEP1.SGM 27FEP1 11016 Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Proposed Rules (k) Other FAA AD Provisions DEPARTMENT OF TRANSPORTATION 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: Kathrine Rask, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–2180; 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, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they were approved by the State of Design Authority (or its delegated agent, or the Design Approval Holder with a State of Design Authority’s design organization approval), as applicable. You are required to ensure the product is airworthy before it is returned to service. TKELLEY on DSK3SPTVN1PROD with PROPOSALS (l) Related Information (1) Refer to Mandatory Continuing Airworthiness Information Brazilian Airworthiness Directive 2012–10–01, effective October 29, 2012, for related information. This MCAI may be found in the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2014–0059. (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 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. Issued in Renton, Washington, on February 14, 2014. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2014–04256 Filed 2–26–14; 8:45 am] BILLING CODE 4910–13–P VerDate Mar<15>2010 17:29 Feb 26, 2014 Jkt 232001 Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2014–0061; Directorate Identifier 2013–NM–029–AD] RIN 2120–AA64 Airworthiness Directives; Airbus Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to supersede airworthiness directive (AD) 2007–06– 12, that applies to certain Airbus Model A330–200 and A330–300 airplanes. AD 2007–06–12 requires, for certain airplanes, reinforcement of the structure of the center fuselage by installing external stiffeners (butt straps) at frame (FR) 53.3 on the fuselage skin between left-hand (LH) and right-hand (RH) stringer (STR) 13, and related investigative and corrective actions. Since we issued AD 2007–06–12, we have determined that the compliance times must be reduced in order to address the unsafe condition. This proposed AD would reduce the compliance times for reinforcing the structure of the center fuselage at FR 53.3. We are proposing this AD to prevent fatigue cracking of the fuselage, which could result in reduced structural integrity of the fuselage. DATES: We must receive comments on this proposed AD by April 14, 2014. 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 Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email airworthiness.A330–A340@airbus.com; Internet https://www.airbus.com. You SUMMARY: PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 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. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2014– 0061; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket 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: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone (425) 227–1138; 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–2014–0061; Directorate Identifier 2013–NM–029–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 On March 7, 2007, we issued AD 2007–06–12, Amendment 39–14993 (72 FR 12555, March 16, 2007) (‘‘AD 2007– 06–12’’). AD 2007–06–12 requires actions intended to address an unsafe condition on the products listed above. Since we issued AD 2007–06–12, Amendment 39–14993 (72 FR 12555, March 16, 2007), we have determined that the compliance times must be reduced in order to address the unsafe condition. We have also added the E:\FR\FM\27FEP1.SGM 27FEP1

Agencies

[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Proposed Rules]
[Pages 11013-11016]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04256]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0059; Directorate Identifier 2013-NM-075-AD]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2012-07-
08, for all Embraer S.A. Model ERJ 170 airplanes. AD 2012-07-08 
currently requires revising the Airworthiness Limitations Section (ALS) 
of the Instructions for Continued Airworthiness (ICA) to incorporate 
new structural inspection requirements. Since we issued AD 2012-07-08, 
we have determined that more restrictive maintenance requirements and 
airworthiness limitations are necessary. This proposed AD would require 
revising the maintenance or inspection program to incorporate new 
inspections. We are proposing this AD to detect and correct fatigue 
cracking of structural components, which could result in reduced 
structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by April 14, 2014.

ADDRESSES: You may send comments by any of the following methods:

[[Page 11014]]

     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 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0059; 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: Kathrine Rask, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-2180; 
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-2014-0059; 
Directorate Identifier 2013-NM-075-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

    On March 29, 2012, we issued AD 2012-07-08, Amendment 39-17014 (77 
FR 24342, April 24, 2012). AD 2012-07-08 requires actions intended to 
address an unsafe condition on all EMBRAER S.A. Model ERJ 170 
airplanes. (AD 2012-07-08 superseded AD 2010-11-13, Amendment 39-16318 
(75 FR 30284, June 1, 2010)).
    Since we issued AD 2012-07-08, Amendment 39-17014 (77 FR 24342, 
April 24, 2012), the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC), which is the aviation authority for Brazil, has issued 
Brazilian Airworthiness Directive 2012-10-01, effective October 29, 
2012 (referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    This [Brazilian] AD results from a new revision to the 
Airworthiness Limitations Section (ALS) of Embraer ERJ 170 
Maintenance Review Board Report (MRBR 1621), to include new or 
modification of the current tasks and its respective thresholds and 
intervals. Failure to inspect these structural components, according 
to the new or revised tasks, thresholds and intervals, could prevent 
a timely detection of fatigue cracking. These cracks, if not 
properly addressed, could adversely affect the structural integrity 
of the airplane.

The required action is revising the maintenance or inspection program 
to incorporate new structural inspection requirements. You may examine 
the MCAI in the AD docket on the Internet at https://regulations.gov by 
searching for and locating it in Docket No. FAA-2014-0059.

Relevant Service Information

    EMBRAER has issued Part 2--Airworthiness Limitation Inspection 
(ALI)--Structures, of Appendix A, Airworthiness Limitations of the 
EMBRAER 170 Maintenance Review Board MRB-1621, Revision 8, dated August 
20, 2012. 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.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions 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 
(k) of this proposed AD. The request should include a description of 
changes to the required inspections that will ensure the continued 
operational safety of the airplane.
    This proposed AD would retain only certain paragraphs from AD 2012-
07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012). Because all of 
the paragraphs in AD 2012-07-08 are not included in this proposed AD, 
the organization of the retained paragraphs was changed.

Costs of Compliance

    We estimate that this proposed AD affects 171 products of U.S. 
registry.
    The actions that are required by AD 2012-07-08, Amendment 39-17014 
(77 FR 24342, April 24, 2012), and retained in this proposed AD take 
about 1 work-hour per product, at an average labor rate of $85 per 
work-hour. Required parts cost about $0 per product. Based on these 
figures, the estimated cost of the actions that were required by AD 
2012-07-08 is $85 per product.
    We also estimate that it would take about 1 work-hour 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. Based on these figures, we estimate the cost of this proposed 
AD on U.S. operators to be $14,535, or $85 per product.

[[Page 11015]]

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

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 removing Airworthiness Directive (AD) 
2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012), and 
adding the following new AD:

Embraer S.A.: Docket No. FAA-2014-0059; Directorate Identifier 2013-
NM-075-AD.

(a) Comments Due Date

    We must receive comments by April 14, 2014.

(b) Affected ADs

    This AD supersedes AD 2012-07-08, Amendment 39-17014 (77 FR 
24342, April 24, 2012).

(c) Applicability

    This AD applies to 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; all 
manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors; Code 
53, Fuselage; Code 54, Nacelles/Pylons; Code 55 Stabilizers; Code 
57, Wings; Code 71 Powerplant; and Code 78, Exhaust.

(e) Reason

    This AD was prompted by a determination that more restrictive 
maintenance requirements and airworthiness limitations are 
necessary. We are issuing this AD to detect and correct fatigue 
cracking of structural components, which could result in reduced 
structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Maintenance Program Revision

    This paragraph restates the action required by paragraph (i) of 
AD 2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012).
    (1) Within 60 days after May 29, 2012 (the effective date of AD 
2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012)): 
Revise the maintenance program to incorporate the new or revised 
tasks specified in Part 2--Airworthiness Limitation Inspection 
(ALI)--Structures, of Appendix A, Airworthiness Limitations, of the 
EMBRAER 170 MRBR, MRB-1621, Revision 7, dated November 11, 2010; and 
EMBRAER Temporary Revision (TR) 7-1, dated February 11, 2011, to 
Part 2--Airworthiness Limitation Inspection (ALI)--Structures, of 
Appendix A, Airworthiness Limitations, of the EMBRAER 170 MRBR, MRB-
1621, Revision 7; with the initial compliance times and intervals 
specified in these documents.
    (2) The initial compliance times for the tasks start from the 
date of issuance of the original Brazilian airworthiness certificate 
or the date of issuance of the original Brazilian export certificate 
of airworthiness of the applicable airplane at the applicable time 
specified in the tasks, or within 600 flight cycles after revising 
the maintenance program, whichever occurs later. For certain tasks, 
the compliance times depend on the pre-modification and post-
modification status of the actions specified in the associated 
service bulletin, as specified in the ``Applicability'' column of 
Part 2--Airworthiness Limitation Inspection (ALI)--Structures, of 
Appendix A, Airworthiness Limitations, of the EMBRAER 170 MRBR, MRB-
1621, Revision 7, dated November 11, 2010; and EMBRAER Temporary 
Revision 7-1, dated February 11, 2011, to Part 2--Airworthiness 
Limitation Inspection (ALI)--Structures, of Appendix A, 
Airworthiness Limitations of the EMBRAER 170 MRBR, MRB-1621, 
Revision 7.

(h) Retained No Alternative Actions, Intervals, and/or Critical Design 
Configuration Control Limitations (CDCCLs)

    This paragraph restates the actions required by paragraph (j) of 
AD 2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012). 
After accomplishing the revision 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 Part 2--
Airworthiness Limitation Inspection (ALI)--Structures, of Appendix 
A, Airworthiness Limitations, of the EMBRAER 170 MRBR, MRB-1621, 
Revision 7, dated November 11, 2010; and EMBRAER Temporary Revision 
7-1, dated February 11, 2011, to Part 2--Airworthiness Limitation 
Inspection (ALI)--Structures, of Appendix A, Airworthiness 
Limitations of the EMBRAER 170 MRBR, MRB-1621, Revision 7; unless 
the actions or intervals are approved as an alternative method of 
compliance (AMOC), in accordance with the procedures specified in 
paragraph (k)(1) of this AD, except as required by paragraph (i) of 
this AD.

(i) New Revision of Maintenance or Inspection Program

    Within 60 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Part 2--Airworthiness Limitation Inspection 
(ALI)--Structures, of Appendix A, Airworthiness Limitations of the 
EMBRAER 170 Maintenance Review Board Report, MRB-1621, Revision 8, 
dated August 20, 2012. The initial compliance times for the tasks 
are at the applicable times specified in Part 2--Airworthiness 
Limitation Inspection (ALI)--Structures, of Appendix A, 
Airworthiness Limitations of the EMBRAER 170 Maintenance Review 
Board Report, MRB-1621, Revision 8, dated August 20, 2012, or within 
60 days after the effective date of this AD, whichever occurs later. 
Accomplishing the requirements of this paragraph terminates the 
requirements of paragraph (g) of this AD.

(j) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (i) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used unless the actions or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (k) of this AD.

[[Page 11016]]

(k) 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: Kathrine 
Rask, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-2180; 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, use these actions if they 
are FAA-approved. Corrective actions are considered FAA-approved if 
they were approved by the State of Design Authority (or its 
delegated agent, or the Design Approval Holder with a State of 
Design Authority's design organization approval), as applicable. You 
are required to ensure the product is airworthy before it is 
returned to service.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
Brazilian Airworthiness Directive 2012-10-01, effective October 29, 
2012, for related information. This MCAI may be found in the AD 
docket on the Internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2014-0059.
    (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 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.

    Issued in Renton, Washington, on February 14, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-04256 Filed 2-26-14; 8:45 am]
BILLING CODE 4910-13-P
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