Airworthiness Directives; Embraer S.A. Airplanes, 17461-17464 [2014-06913]

Download as PDF Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Proposed Rules Authority: 49 U.S.C. 106(g), 40113, 44701. operators to be $42,075, or $765 per product. § 39.13 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. emcdonald on DSK67QTVN1PROD with PROPOSALS List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ VerDate Mar<15>2010 17:05 Mar 27, 2014 Jkt 232001 [Amended] 2. Amend § 39.13 by adding the following new airworthiness directive (AD): ■ Bombardier, Inc.: Docket No. FAA–2014– 0146; Directorate Identifier 2013–NM– 243–AD. (a) Comments Due Date We must receive comments by May 12, 2014. (b) Affected ADs None. (c) Applicability This AD applies to Bombardier, Inc. Model DHC–8–400, –401, and –402 airplanes, certificated in any category, serial numbers 4063 through 4118 inclusive. (d) Subject Air Transport Association (ATA) of America Code 28, Fuel. (e) Reason This AD was prompted by fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Replacement Within 6,000 flight hours or 36 months, whichever occurs first, after the effective date of this AD: Replace fitting part number (P/N) 82822074–951 with new P/N 82822074–009, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 84–28–12, Revision A, dated June 20, 2013. 17461 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 DAH with a State of Design Authority’s design organization approval). For a repair method to be approved, the repair approval must specifically refer to this AD. You are required to ensure the product is airworthy before it is returned to service. (j) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF–2013–32, dated October 8, 2013, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA–2014–0146. (2) For service information identified in this AD, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416–375–4000; fax 416–375–4539; email thd.qseries@aero.bombardier.com; Internet http://www.bombardier.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 March 17, 2014. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2014–06563 Filed 3–27–14; 8:45 am] (h) Credit for Previous Actions This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Bombardier Service Bulletin 84–28–12, dated July 23, 2012, which is not incorporated by reference in this AD. BILLING CODE 4910–13–P (i) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York Aircraft Certification Office (ACO), ANE–170, 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 ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; fax 516–794–5531. [Docket No. FAA–2014–0172; Directorate Identifier 2013–NM–222–AD] PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 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 airplanes. This proposed AD was prompted by SUMMARY: E:\FR\FM\28MRP1.SGM 28MRP1 17462 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Proposed Rules emcdonald on DSK67QTVN1PROD with PROPOSALS reports of ‘‘BLEED 1(2) LEAK’’ messages displayed on the Engine Indication and Crew Alert System (EICAS), and indirect damage to components of the Electrical Wiring Interconnection System (EWIS) in the engine pylon area. This proposed AD would require inspecting the EWIS components for damage, and repair if necessary. This proposed AD would also require installing pre-cooler deflectors on the left- and right-hand pylons, and applying silicone sealant. We are proposing this AD to prevent indirect damage to EWIS components near the engine bleed air pre-coolers, which could result in a dual engine roll back to idle and consequent dual engine power loss and reduced controllability of the airplane. DATES: We must receive comments on this proposed AD by May 12, 2014. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170— ˜ Putim—12227–901 Sao Jose dos Campos—SP—BRASIL; telephone +55 12 3927–5852 or +55 12 3309–0732; fax +55 12 3927–7546; email distrib@ embraer.com.br; Internet http:// www.flyembraer.com. You may 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 http:// www.regulations.gov by searching for and locating Docket No. FAA–2014– 0172; 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 VerDate Mar<15>2010 17:05 Mar 27, 2014 Jkt 232001 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 425–227–1320. 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–2014–0172; Directorate Identifier 2013–NM–222–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion ˆ The Agencia Nacional de Aviacao ¸˜ Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directive 2013–11–01, effective November 4, 2013 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for certain Embraer S.A. Model ERJ 170 airplanes. The MCAI states: This [ANAC] AD results from reports of ‘‘BLEED 1(2) LEAK’’ messages being displayed on the Engine Indication and Crew Alert system (EICAS) panel, and indirect damages to components of the Electrical Wiring Interconnection System (EWIS) on the engine pilone area, zones 419 and 429, adjacent to the exhaust flange of the engine bleed air precooler. Further investigation has shown that a leakage on the flange of the precooler refrigerating air exhaust duct caused the damage and triggered the message. We are issuing this [ANAC] AD to prevent EWIS components indirect damage, near to engine bleed air precooler, which could result in a dual engine roll back to idle and the consequent dual engine power loss. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 Required actions include inspecting the EWIS components adjacent to the leftand right-hand pre-cooler for damage, and repair if necessary; installing precooler deflectors on the left- and righthand pylons, and applying silicone sealant. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2014– 0172. Relevant Service Information Embraer has issued EMBRAER Service Bulletin 170–36–0019, dated August 23, 2011; and Subject 20–62–00, ‘‘Requirements for EWIS Components Inspections and Checks—Maintenance Practices’’ of EMBRAER 170/175/190/ 195 Standard Wiring Practices Manual SWPM–1590, Revision 25, dated June 3, 2013. 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. Costs of Compliance We estimate that this proposed AD would affect 181 products of U.S. registry. We also estimate that it would take about 6 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 $366 per product. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $158,556, or $876 per product. We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this proposed AD. 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 E:\FR\FM\28MRP1.SGM 28MRP1 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Proposed Rules 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. (a) Comments Due Date Regulatory Findings (e) Reason 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. This AD was prompted by reports of ‘‘BLEED 1(2) LEAK’’ messages displayed on the Engine Indication and Crew Alert System (EICAS), and indirect damage to components of the Electrical Wiring Interconnection System (EWIS) in the engine pylon area. We are issuing this AD to prevent indirect damage to EWIS components near the engine bleed air pre-coolers, which could result in a dual engine roll back to idle and consequent dual engine power loss and reduced controllability of the airplane. 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: emcdonald on DSK67QTVN1PROD with PROPOSALS 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. Amend § 39.13 by adding the following new AD: ■ Embraer S.A.: Docket No. FAA–2014–0172; Directorate Identifier 2013–NM–222–AD. VerDate Mar<15>2010 17:05 Mar 27, 2014 Jkt 232001 We must receive comments by May 12, 2014. (b) Affected ADs None. (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; as identified in EMBRAER Service Bulletin 170–36–0019, dated August 23, 2011. (d) Subject Air Transport Association (ATA) of America Code 36, Pneumatic. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions and Compliance Time Within 8,000 flight cycles or 12,000 flight hours after the effective date of this AD, whichever occurs later, do the actions specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD. (1) Do a general visual inspection of the EWIS components adjacent to the left- and right-hand pre-coolers (zones 419 and 429 respectively) for damage, in accordance with the instructions specified in Subject 20–62– 00, ‘‘Requirements for EWIS Components Inspections and Checks—Maintenance Practices,’’ of EMBRAER 170/175/190/195 Standard Wiring Practices Manual SWPM– 1590, Revision 25, dated June 3, 2013. Repair all damage before further flight, in accordance with the instructions specified in Subject 20–62–00, ‘‘Requirements for EWIS Components Inspections and Checks — Maintenance Practices,’’ of EMBRAER 170/ 175/190/195 Standard Wiring Practices Manual SWPM–1590, Revision 25, dated June 3, 2013. (2) Install a new deflector on the left- and right-hand pre-cooler exhaust flange, in accordance with Part I or Part III, as applicable, of the Accomplishment Instructions of EMBRAER Service Bulletin 170–36–0019, dated August 23, 2011. (3) Apply high temp silicone sealant to the left- and right-hand pre-cooler, in accordance with Part II or IV, as applicable, of the Accomplishment Instructions of EMBRAER Service Bulletin 170–36–0019, dated August 23, 2011. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 17463 (h) Credit for Previous Actions This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using the service information specified in paragraph (h)(1) or (h)(2) of this AD. (1) Subject 20–62–00, ‘‘Requirements for EWIS Components Inspections and Checks— Maintenance Practices,’’ of EMBRAER 170/ 175/190/195 Standard Wiring Practices Manual SWPM–1590, Revision 23, dated October 8, 2012, which is not incorporated by reference in this AD. (2) Subject 20–62–00, ‘‘Requirements for EWIS Components Inspections and Checks— Maintenance Practices,’’ of EMBRAER 170/ 175/190/195 Standard Wiring Practices Manual SWPM–1590, Revision 24, dated February 18, 2013, which is not incorporated by reference in this AD. (i) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: 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 425–227–1320. 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 DAH 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. (j) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Brazilian Airworthiness Directive 2013–11–01, effective November 4, 2013, for related information. This MCAI may be found in the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2014–0172. (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 E:\FR\FM\28MRP1.SGM 28MRP1 17464 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Proposed Rules 3927–7546; email distrib@embraer.com.br; Internet http://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. Issued in Renton, Washington, on March 19, 2014. Ross Landes. Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2014–06913 Filed 3–27–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 924 [Docket No. FHWA–2013–0019] RIN 2125–AF56 Highway Safety Improvement Program Federal Highway Administration (FHWA), DOT. ACTION: Notice of proposed rulemaking. AGENCY: The purpose of this notice of proposed rulemaking (NPRM) is to propose changes to Highway Safety Improvement Program (HSIP) regulations to address provisions in the Moving Ahead for Progress in the 21st Century Act (MAP–21) as well as to incorporate clarifications to better explain existing regulatory language. Specifically, this rule proposes to amend DOT’s regulations to address MAP–21 provisions that removed the requirement for States to prepare a Transparency Report, removed the High Risk Rural Roads set-aside, and removed the 10 percent flexibility provision for States to use safety funding in accordance with federal law. This rule also proposes to amend DOT’s regulations to address a MAP–21 provision that requires DOT to establish a subset of roadway data elements that are useful to the inventory of roadway safety, and to ensure that States adopt and use the subset. Finally, this rule proposes to address MAP–21 provisions that add State Strategic Highway Safety Plan update requirements and require States to develop HSIP performance targets. The proposed changes are intended to clarify the regulation for the development, implementation, and evaluation of highway safety improvement programs that are administered in each State. DATES: Comments must be received on or before May 27, 2014. ADDRESSES: Mail or hand deliver comments to the U.S. Department of emcdonald on DSK67QTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 18:49 Mar 27, 2014 Jkt 232001 Transportation, Dockets Management Facility, 1200 New Jersey Avenue SE., Washington, DC 20590, or submit electronically at http:// www.regulations.gov. All comments should include the docket number that appears in the heading of this document. All comments received will be available for examination and copying at the above address from 9 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. Those desiring notification of receipt of comments must include a selfaddressed, stamped postcard or may print the acknowledgment page that appears after submitting comments electronically. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70, Pages 19477–78) or you may visit http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Ms. Karen Scurry, Office of Safety, karen.scurry@dot.gov; or William Winne, Office of the Chief Counsel, william.winne@dot.gov, Federal Highway Administration, 1200 New Jersey Ave. SE., Washington, DC 20590. Office hours are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access and Filing You may submit or access all comments received by the DOT online through: http://www.regulations.gov. Electronic submission and retrieval help and guidelines are available on the Web site. It is available 24 hours each day, 365 days each year. Please follow the instructions. An electronic copy of this document may also be downloaded from the Federal Register’s home page at: http://www.federalregister.gov. Executive Summary I. Purpose of the Regulatory Action The Moving Ahead for Progress in the 21st Century Act (MAP–21) (Pub. L. 112–141) continues the Highway Safety Improvement Program (HSIP) under section 148, title 23 of the United States Code (U.S.C.) as a core Federal-aid program with the purpose to achieve a significant reduction in fatalities and serious injuries on all public roads. The MAP–21 amends the HSIP by requiring the DOT to establish several new requirements and remove several PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 provisions that were introduced under Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU). A revision to 23 CFR 924 is necessary to align with the MAP–21 provisions and clarify existing program requirements. A key component of this proposal is the requirement for States to collect and use a set of proposed roadway data elements for all public roadways, including local roads. Example proposed data elements include elements to classify and delineate roadway segments (e.g., beginning and end point descriptors), elements to identify roadway physical characteristics (e.g., median type and ramp length), and elements to identify traffic volume. The purpose of this proposal, in addition to satisfying a statutory requirement, is to improve States’ ability to estimate expected number of crashes at roadway locations, with the ultimate goal to improve States’ allocation of safety resources. II. Summary of the Major Provisions of the Regulatory Action in Question This NPRM proposes to remove all existing references to the High Risk Rural Roads Program, 10 percent flexibility provisions, and transparency reports since MAP–21 eliminated these provisions. The MAP–21 also requires the DOT to establish the update cycle for Strategic Highway Safety Plans (SHSP) [23 U.S.C. 148(d)(1)(A)], the content and schedule for the HSIP report [23 U.S.C. 148(h)(2)], and a subset of model roadway elements (a.k.a. Model Inventory of Roadway Elements (MIRE) fundamental data elements (FDE)) [23 U.S.C. 148(e)(2)(A)]. The NPRM proposes a 5-year SHSP update cycle, consistent with current practice in most States. The DOT proposes States continue to submit their HSIP reports on annual basis, by August 31 each year. In addition to existing reporting requirements and the proposed changes noted above, the DOT proposes that State DOTs document their safety performance targets in their annual HSIP report, and describe progress to achieve those safety performance targets in future HSIP reports. The DOT also proposes States use the HSIP online reporting tool to submit their annual HSIP reports, consistent with the Office of the Inspector General’s recommendations in the recent HSIP Audit.1 Currently, a 1 Office of the Inspector General, FHWA Provides Sufficient Guidance and Assistance to Implement the Highway Safety Improvement Program but Could Do More to Assess Program Results, Report Number: MH–2013–055. March 26, 2013 is available at the following Internet Web site: http:// E:\FR\FM\28MRP1.SGM 28MRP1

Agencies

[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Proposed Rules]
[Pages 17461-17464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06913]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0172; Directorate Identifier 2013-NM-222-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 adopt a new airworthiness directive (AD) for 
certain Embraer S.A. Model ERJ 170 airplanes. This proposed AD was 
prompted by

[[Page 17462]]

reports of ``BLEED 1(2) LEAK'' messages displayed on the Engine 
Indication and Crew Alert System (EICAS), and indirect damage to 
components of the Electrical Wiring Interconnection System (EWIS) in 
the engine pylon area. This proposed AD would require inspecting the 
EWIS components for damage, and repair if necessary. This proposed AD 
would also require installing pre-cooler deflectors on the left- and 
right-hand pylons, and applying silicone sealant. We are proposing this 
AD to prevent indirect damage to EWIS components near the engine bleed 
air pre-coolers, which could result in a dual engine roll back to idle 
and consequent dual engine power loss and reduced controllability of 
the airplane.

DATES: We must receive comments on this proposed AD by May 12, 2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro 
Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos Campos--SP--
BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12 
3927-7546; email distrib@embraer.com.br; Internet http://www.flyembraer.com. You may 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 http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0172; 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: 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 425-227-1320.

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-2014-0172; 
Directorate Identifier 2013-NM-222-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2013-11-01, effective November 4, 2013 
(referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for 
certain Embraer S.A. Model ERJ 170 airplanes. The MCAI states:

    This [ANAC] AD results from reports of ``BLEED 1(2) LEAK'' 
messages being displayed on the Engine Indication and Crew Alert 
system (EICAS) panel, and indirect damages to components of the 
Electrical Wiring Interconnection System (EWIS) on the engine pilone 
area, zones 419 and 429, adjacent to the exhaust flange of the 
engine bleed air precooler.
    Further investigation has shown that a leakage on the flange of 
the precooler refrigerating air exhaust duct caused the damage and 
triggered the message. We are issuing this [ANAC] AD to prevent EWIS 
components indirect damage, near to engine bleed air precooler, 
which could result in a dual engine roll back to idle and the 
consequent dual engine power loss.

Required actions include inspecting the EWIS components adjacent to the 
left- and right-hand pre-cooler for damage, and repair if necessary; 
installing pre-cooler deflectors on the left- and right-hand pylons, 
and applying silicone sealant. You may examine the MCAI in the AD 
docket on the Internet at http://www.regulations.gov by searching for 
and locating Docket No. FAA-2014-0172.

Relevant Service Information

    Embraer has issued EMBRAER Service Bulletin 170-36-0019, dated 
August 23, 2011; and Subject 20-62-00, ``Requirements for EWIS 
Components Inspections and Checks--Maintenance Practices'' of EMBRAER 
170/175/190/195 Standard Wiring Practices Manual SWPM-1590, Revision 
25, dated June 3, 2013. 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.

Costs of Compliance

    We estimate that this proposed AD would affect 181 products of U.S. 
registry.
    We also estimate that it would take about 6 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 $366 
per product. Based on these figures, we estimate the cost of the 
proposed AD on U.S. operators to be $158,556, or $876 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.

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

[[Page 17463]]

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. Amend Sec.  39.13 by adding the following new AD:

Embraer S.A.: Docket No. FAA-2014-0172; Directorate Identifier 2013-
NM-222-AD.

(a) Comments Due Date

    We must receive comments by May 12, 2014.

(b) Affected ADs

    None.

(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; as identified 
in EMBRAER Service Bulletin 170-36-0019, dated August 23, 2011.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of ``BLEED 1(2) LEAK'' messages 
displayed on the Engine Indication and Crew Alert System (EICAS), 
and indirect damage to components of the Electrical Wiring 
Interconnection System (EWIS) in the engine pylon area. We are 
issuing this AD to prevent indirect damage to EWIS components near 
the engine bleed air pre-coolers, which could result in a dual 
engine roll back to idle and consequent dual engine power loss and 
reduced controllability of the airplane.

(f) Compliance

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

(g) Required Actions and Compliance Time

    Within 8,000 flight cycles or 12,000 flight hours after the 
effective date of this AD, whichever occurs later, do the actions 
specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD.
    (1) Do a general visual inspection of the EWIS components 
adjacent to the left- and right-hand pre-coolers (zones 419 and 429 
respectively) for damage, in accordance with the instructions 
specified in Subject 20-62-00, ``Requirements for EWIS Components 
Inspections and Checks--Maintenance Practices,'' of EMBRAER 170/175/
190/195 Standard Wiring Practices Manual SWPM-1590, Revision 25, 
dated June 3, 2013. Repair all damage before further flight, in 
accordance with the instructions specified in Subject 20-62-00, 
``Requirements for EWIS Components Inspections and Checks -- 
Maintenance Practices,'' of EMBRAER 170/175/190/195 Standard Wiring 
Practices Manual SWPM-1590, Revision 25, dated June 3, 2013.
    (2) Install a new deflector on the left- and right-hand pre-
cooler exhaust flange, in accordance with Part I or Part III, as 
applicable, of the Accomplishment Instructions of EMBRAER Service 
Bulletin 170-36-0019, dated August 23, 2011.
    (3) Apply high temp silicone sealant to the left- and right-hand 
pre-cooler, in accordance with Part II or IV, as applicable, of the 
Accomplishment Instructions of EMBRAER Service Bulletin 170-36-0019, 
dated August 23, 2011.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using the service information specified in paragraph 
(h)(1) or (h)(2) of this AD.
    (1) Subject 20-62-00, ``Requirements for EWIS Components 
Inspections and Checks--Maintenance Practices,'' of EMBRAER 170/175/
190/195 Standard Wiring Practices Manual SWPM-1590, Revision 23, 
dated October 8, 2012, which is not incorporated by reference in 
this AD.
    (2) Subject 20-62-00, ``Requirements for EWIS Components 
Inspections and Checks--Maintenance Practices,'' of EMBRAER 170/175/
190/195 Standard Wiring Practices Manual SWPM-1590, Revision 24, 
dated February 18, 2013, which is not incorporated by reference in 
this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: 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 425-227-1320. 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 DAH 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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2013-11-01, effective 
November 4, 2013, for related information. This MCAI may be found in 
the AD docket on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2014-0172.
    (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

[[Page 17464]]

3927-7546; email distrib@embraer.com.br; Internet http://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.

    Issued in Renton, Washington, on March 19, 2014.
Ross Landes.
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-06913 Filed 3-27-14; 8:45 am]
BILLING CODE 4910-13-P