Airworthiness Directives; Embraer S.A. Airplanes, 62668-62672 [2016-21145]

Download as PDF 62668 Proposed Rules Federal Register Vol. 81, No. 176 Monday, September 12, 2016 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 981 [Doc. No. AMS–SC–16–0045; SC16–981–2 PR] Almonds Grown in California; Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule; reopening of comment period. Notice is hereby given that the comment period on the proposed rule to increase the assessment rate for California almonds under Marketing Order No. 981 (order) is reopened until October 12, 2016. The proposed rule would implement a recommendation from the Almond Board of California (Board) to increase the assessment rate established for the 2016–17 through the 2018–19 crop years from $0.03 to $0.04 per pound of almonds handled under the marketing order (order). Of the $0.04 per pound assessment, 60 percent (or $0.024 per pound) would be available as credit-back for handlers who conduct their own promotional activities. DATES: Comments must be received by October 12, 2016. ADDRESSES: Interested persons are invited to submit written comments concerning the proposal. Comments should be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250–0237; Fax: (202) 720–8938; or Internet: http://www.regulations.gov. All comments should reference the document number and the date and page number of this issue and the July 18, 2016, issue of the Federal Register and will be available for public inspection in the office of the Docket Clerk during regular business hours, or can be viewed at: http:// www.regulations.gov. All comments asabaliauskas on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 21:07 Sep 09, 2016 Jkt 238001 submitted in response to the proposed rule will be included in the record and will be made available to the public. Please be advised that the identity of the individuals or entities submitting the comments will be made public on the internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Andrea Ricci, Marketing Specialist or Jeffrey Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487– 5901, Fax: (559) 487–5906, or Email: with Andrea.Ricci@ams.usda.gov or Jeffrey.Smutny@ams.usda.gov. Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720– 2491, Fax: (202) 720–8938, or Email: Richard.Lower@ams.usda.gov. SUPPLEMENTARY INFORMATION: A proposed rule was published in the Federal Register on July 18, 2016 (81 FR 46616). The proposed rule would increase the assessment rate for the 2016–17 through 2018–19 crop years from $0.03 to $0.04 per pound of almonds received. Of the $0.04 per pound assessment, 60 percent (or $0.024 per pound) would be available as creditback for handlers who conduct their own promotional activities. The assessment rate would return to $0.03 for the 2019–20 and subsequent crop years, and the amount available for handler credit-back would return to $0.018 per pound (60 percent). USDA received a comment from an affected industry member requesting that the comment period be reopened to allow more time to comment on the proposed rule. This industry member expressed concern that while the proposed rule was published in the Federal Register on July 18, 2016, industry members did not receive the notification until July 28, 2016, which did not allow adequate time for interested persons to comment by the August 2, 2016, deadline. After reviewing the request, USDA is reopening the comment period for 30 additional days. This will provide interested persons more time to review PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 the proposed rule, perform a complete analysis, and submit written comments. Authority: This notice is issued pursuant to the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601–674). Dated: September 7, 2016. Elanor Starmer, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2016–21851 Filed 9–9–16; 8:45 am] BILLING CODE 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: Supplemental notice of proposed rulemaking (NPRM); reopening of comment period. AGENCY: We are revising an earlier proposed airworthiness directive (AD) for certain Embraer S.A. Model ERJ 170 airplanes. The NPRM proposed to supersede AD 2012–07–08, which requires revising the maintenance or inspection program to incorporate structural inspection requirements. The NPRM was prompted by a determination that more restrictive maintenance requirements and airworthiness limitations are necessary. Since the NPRM was issued, a new revision of the airworthiness limitations section (ALS) of the EMBRAER S.A. ERJ 170/175 Maintenance Review Board Report (MRBR) was issued, which contains more restrictive airworthiness limitations. This action revises the NPRM by proposing to require revising the maintenance or inspection program, as applicable, to incorporate the new ALS of the MRBR. This supplemental NPRM (SNPRM) would also remove certain airplanes from the applicability. In addition, we propose to supersede AD 2006–06–09, AD 2012–05–08, and AD 2012–07–08, which require tasks that are now included in the new revision of the MRBR. We are proposing SUMMARY: E:\FR\FM\12SEP1.SGM 12SEP1 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Proposed Rules this SNPRM to detect and correct fatigue cracking of various principal structural elements; such cracking could result in reduced structural integrity of the airplane. We are also proposing this SNPRM to prevent safety-significant latent failures; such failures, in combination with one or more other specified failures or events, could result in a hazardous or catastrophic failure condition of avionics, hydraulic systems, fire detection systems, fuel systems, or other critical systems. In addition, we are also proposing this SNPRM to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions; such failures, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. Since these actions impose an additional burden over those proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes. DATES: We must receive comments on this SNPRM by October 27, 2016. 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:// VerDate Sep<11>2014 21:07 Sep 09, 2016 Jkt 238001 www.regulations.gov by searching for and locating Docket No. FAA–2014– 0059; 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 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: Ana Martinez Hueto, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–1622; 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–2014–0059; 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 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 We issued a NPRM to amend 14 CFR part 39 by adding an AD that would apply to all Embraer S.A. Model ERJ 170 airplanes. The NPRM published in the Federal Register on February 27, 2014 (79 FR 11013) (‘‘the NPRM’’). The NPRM was prompted by a determination that more restrictive maintenance requirements and airworthiness limitations were necessary. The NPRM proposed to require a revision to the maintenance or inspection program to incorporate new inspections. Actions Since Previous NPRM Was Issued Since we issued the NPRM, a new revision to the ALS of the EMBRAER S.A. ERJ 170/175 MRBR was issued, which contains more restrictive ˆ airworthiness limitations. The Agencia PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 62669 Nacional de Aviacao Civil (ANAC), ¸˜ which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directive 2015–06–01, effective June 2, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition on certain Embraer S.A. Model ERJ 170 airplanes. The MCAI states: This [Brazilian] AD was prompted by a new revision to the airworthiness limitations of the Maintenance Review Board Report. This [Brazilian] AD is being issued to ensure that fatigue cracking of various principal structural elements is detected and corrected; such fatigue cracking, could adversely affect the structural integrity of these airplanes. The required action is revising the maintenance or inspection program, as applicable, to incorporate the airworthiness limitations in Appendix A—‘‘Airworthiness Limitations;’’ to the EMBRAER 170/175 Maintenance Review Board Report, MRB–1621, Revision 10, dated February 23, 2015, which is divided into four parts: Part 1—Certification Maintenance Requirements, Part 2—Airworthiness Limitation Inspections, Part 3—Fuel System Limitation Items, and Part 4— Life Limited Parts. 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–2014–0059. This SNPRM also proposes to supersede AD 2006–06–09, Amendment 39–14518 (71 FR 14365, March 22, 2006); AD 2012–05–08, Amendment 39– 16980 (77 FR 16155, March 20, 2012); and AD 2012–07–08, Amendment 39– 17014 (77 FR 24342, April 24, 2012); which require tasks that are now included in the new revision of the MRBR. This SNPRM also proposes to remove airplanes with an original airworthiness certificate or original export certificate of airworthiness issued on or after February 23, 2015, from the applicability. Related Service Information Under 1 CFR Part 51 Embraer S.A. has issued Part 1— ‘‘Certification Maintenance Requirements;’’ Part 2—‘‘Airworthiness Limitation Inspections (ALI)— Structures;’’ Part 3—‘‘Fuel System Limitation Items;’’ and Part 4—‘‘Life Limited Items;’’ of Appendix A— ‘‘Airworthiness Limitations;’’ to the EMBRAER 170/175 Maintenance Review Board Report, MRB–1621, Revision 10, dated February 23, 2015. This service information describes airworthiness limitations (Part 1, Part 2, Part 3, and Part 4 of the MRBR make up E:\FR\FM\12SEP1.SGM 12SEP1 62670 Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Proposed Rules the airworthiness limitations). This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Comments We gave the public the opportunity to participate in developing this proposed AD. We considered the comment received. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Request To Refer to Revised Service Information An anonymous commenter noted that paragraph (i) of the proposed AD (in the NPRM) included terminating action(s) for the requirements of paragraph (g) of the proposed AD (in the NPRM) if a revision to the maintenance or inspection program was accomplished by the incorporation of the tasks in Part 2—‘‘Airworthiness Limitation Inspections (ALI)—Structures,’’ of the EMBRAER 170 Maintenance Review Board Report, MRB–1621, Revision 8, dated August 20, 2012. The commenter stated that since August 20, 2012, five additional temporary revisions to Part 2 had been issued and the NPRM did not include the incorporation of these temporary revisions as being acceptable for compliance with the requirements of paragraph (g) of the proposed AD (in the NPRM). We infer that the commenter is requesting that the NPRM be revised to allow incorporation of the tasks in the current service information into an operator’s maintenance or inspection program and that this should be acceptable for compliance with the requirements of paragraph (g) of the proposed AD (in the NPRM). We agree with the commenter’s request to refer to the current revision of the EMBRAER 170/175 MRBR, which includes the temporary revisions mentioned by the commenter. Paragraph (i) of this proposed AD has been revised to refer to the EMBRAER 170/175 Maintenance Review Board Report, MRB–1621, Revision 10, dated February 23, 2015. FAA’s Determination and Requirements of This SNPRM 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 VerDate Sep<11>2014 21:07 Sep 09, 2016 Jkt 238001 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) and Critical Design Configuration Control Limitations (CDCCLs). Compliance with these actions and CDCCLs 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)(1) of this proposed AD. The request should include a description of changes to the required inspections that will ensure the continued damage tolerance of the affected structure. Notwithstanding any other maintenance or operational requirements, components that have been identified as airworthy or installed on the affected airplanes before accomplishing the revision of the airplane maintenance or inspection program specified in this proposed AD, do not need to be reworked in accordance with the CDCCLs. However, once the airplane maintenance or inspection program has been revised as required by this proposed AD, future maintenance actions on these components must be done in accordance with the CDCCLs. Certain changes described above expand the scope of the NPRM. As a result, we have determined that it is necessary to reopen the comment period to provide additional opportunity for the public to comment on this SNPRM. Airworthiness Limitations Based on Type Design The FAA recently became aware of an issue related to the applicability of ADs that require incorporation of an ALS revision into an operator’s maintenance or inspection program. Typically, when these types of ADs are issued by civil aviation authorities of other countries, they apply to all airplanes covered under an identified type certificate (TC). The corresponding FAA AD typically retains applicability to all of those airplanes. In addition, U.S. operators must operate their airplanes in an airworthy condition, in accordance with 14 CFR 91.7(a). Included in this obligation is the requirement to perform any maintenance or inspections specified in the ALS, and in accordance with the ALS as specified in 14 CFR 43.16 and PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 91.403(c), unless an alternative has been approved by the FAA. When a type certificate is issued for a type design, the specific ALS, including revisions, is a part of that type design, as specified in 14 CFR 21.31(c). The sum effect of these operational and maintenance requirements is an obligation to comply with the ALS defined in the type design referenced in the manufacturer’s conformity statement. This obligation may introduce a conflict with an AD that requires a specific ALS revision if new airplanes are delivered with a later revision as part of their type design. To address this conflict, the FAA has approved alternative methods of compliance (AMOCs) that allow operators to incorporate the most recent ALS revision into their maintenance/ inspection programs, in lieu of the ALS revision required by the AD. This eliminates the conflict and enables the operator to comply with both the AD and the type design. However, compliance with AMOCs is normally optional, and we recently became aware that some operators choose to retain the AD-mandated ALS revision in their fleet-wide maintenance/inspection programs, including those for new airplanes delivered with later ALS revisions, to help standardize the maintenance of the fleet. To ensure that operators comply with the applicable ALS revision for newly delivered airplanes containing a later revision than that specified in an AD, we plan to limit the applicability of ADs that mandate ALS revisions to those airplanes that are subject to an earlier revision of the ALS, either as part of the type design or as mandated by an earlier AD. This proposed AD, therefore, would apply to Model ERJ 170 airplanes with an original certificate of airworthiness or original export certificate of airworthiness that was issued before the date of approval of the ALS revision identified in this proposed AD (airplanes having serial numbers 17000002, 17000004 through 17000013 inclusive, and 17000015 through 17000453 inclusive). Operators of airplanes with an original certificate of airworthiness or original export certificate of airworthiness issued on or after that date must comply with the airworthiness limitations specified as part of the approved type design and referenced on the type certificate data sheet. Costs of Compliance We estimate that this SNPRM affects 286 airplanes of U.S. registry. E:\FR\FM\12SEP1.SGM 12SEP1 Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Proposed Rules The actions that are required by AD 2012–07–08, Amendment 39–17014 (77 FR 24342, April 24, 2012), and retained in this SNPRM 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 new basic requirements of this SNPRM. 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 SNPRM on U.S. operators to be $24,310, or $85 per product. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 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 VerDate Sep<11>2014 21:07 Sep 09, 2016 Jkt 238001 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by: a. Removing airworthiness directives AD 2006–06–09, Amendment 39–14518 (71 FR 14365, March 22, 2006); AD 2012–0508, Amendment 39–16980 (77 FR 16155, March 20, 2012); and AD 2012–07–08, Amendment 39–17014 (77 FR 24342, April 24, 2012); and ■ b. 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 October 27, 2016. (b) Affected ADs This AD replaces the ADs specified in paragraphs (b)(1), (b)(2), and (b)(3) of this AD: (1) AD 2006–06–09, Amendment 39–14518 (71 FR 14365, March 22, 2006) (‘‘AD 2006– 06–06’’). (2) AD 2012–05–08, Amendment 39–16980 (77 FR 16155, March 20, 2012) (‘‘AD 2012– 05–08’’). (3) AD 2012–07–08, Amendment 39— 17014 (77 FR 24342, April 24, 2012) (‘‘AD 2012–07–08’’). (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; manufacturer serial numbers 17000002, 17000004 through 17000013 inclusive, and 17000015 through 17000453 inclusive. (d) Subject Air Transport Association (ATA) of America Codes 27, Flight controls; 28, Fuel; 52, Doors; 53, Fuselage; 54, Nacelles/pylons; 55, Stabilizers; 57, Wings; 71, Powerplant; and 78, Exhaust. (e) Reason This AD was prompted by a determination that more restrictive airworthiness limitations are necessary. We are issuing this AD to detect and correct fatigue cracking of PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 62671 various principal structural elements; such cracking could result in reduced structural integrity of the airplane. We are also issuing this AD to prevent safety-significant latent failures; such failures, in combination with one or more other specified failures or events, could result in a hazardous or catastrophic failure condition of avionics, hydraulic systems, fire detection systems, fuel systems, or other critical systems. We are also issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions; such failures, 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) Retained Maintenance Program Revision, With No Changes This paragraph restates the action required by paragraph (i) of AD 2012–07–08, with no changes. (1) Within 60 days after May 29, 2012 (the effective date of AD 2012–07–08): 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,’’ to 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,’’ to the EMBRAER 170 MRBR, MRB–1621, Revision 7, dated November 11, 2010; 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,’’ to 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,’’ to the EMBRAER 170 MRBR, MRB–1621, Revision 7, dated November 11, 2010. (h) Retained No Alternative Actions Intervals, and/or Critical Design Configuration Control Limitations (CDCCLs), With New Exception This paragraph restates the action required by paragraph (j) of AD 2012–07–08, with a new exception. Except as required by E:\FR\FM\12SEP1.SGM 12SEP1 62672 Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Proposed Rules paragraph (i) of this AD, after accomplishing the revisions required by paragraph (g) of this AD, no alternative actions (e.g., inspections), intervals, and/or CDCCLs may be used other than those specified in 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, intervals, and/ or CDCCLs are approved as an AMOC in accordance with the procedures specified in paragraph (k)(1) of this AD. (i) New Revision of Maintenance or Inspection Program Within 12 months after the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate the airworthiness limitations specified in Part 1—‘‘Certification Maintenance Requirements;’’ Part 2— ‘‘Airworthiness Limitation Inspections (ALI)—Structures;’’ Part 3—‘‘Fuel System Limitation Items;’’ and Part 4—‘‘Life Limited Items;’’ of Appendix A—‘‘Airworthiness Limitations;’’ of the EMBRAER 170/175 MRBR, MRB–1621, Revision 10, dated February 23, 2015. The initial compliance times and repetitive intervals are specified in the applicable part of the EMBRAER 170/175 MRBR, MRB–1621, Revision 10, dated February 23, 2015. Accomplishing the revision to the maintenance or inspection program required by this paragraph terminates the requirements of paragraph (g) of this AD. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS (j) No Alternative Actions, Intervals, CDCCLs After accomplishing the revision required by paragraph (i) of this AD, no alternative actions (e.g., inspections), intervals, or CDCCLs may be used unless the actions, intervals, and CDCCLs are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (k)(1) of this AD. (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: Ana Martinez Hueto, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–1622; 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 VerDate Sep<11>2014 21:07 Sep 09, 2016 Jkt 238001 standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD. (2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM– 116, Transport Airplane Directorate, FAA; or ˆ the Agencia Nacional de Aviacao Civil ¸˜ (ANAC); or ANAC’s authorized Designee. If approved by the ANAC Designee, the approval must include the Designee’s authorized signature. (l) Related Information (1) Refer to Mandatory Continuing Airworthiness Information Brazilian Airworthiness Directive 2015–06–01, effective June 2, 2015, 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–2014–0059. (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 http:// www.flyembraer.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on August 25, 2016. John P. Piccola, Jr., Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–21145 Filed 9–9–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2016–9069; Directorate Identifier 2016–NM–012–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) 2015–16– 02, for all Airbus Model A330 series airplanes. AD 2015–16–02 currently requires revising the maintenance program or inspection program to incorporate certain maintenance SUMMARY: PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 requirements and airworthiness limitations. Since we issued AD 2015– 16–02, we received a revision of an airworthiness limitations items (ALI) document, which provides new and more restrictive maintenance requirements and airworthiness limitations for airplane structures and systems. This proposed AD would require revising the maintenance or inspection program to incorporate new maintenance requirements and airworthiness limitations. We are proposing this AD to prevent reduced structural integrity and reduced control of these airplanes due to the failure of system components. DATES: We must receive comments on this proposed AD by October 27, 2016. ADDRESSES: You may send comments 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 NPRM, 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: http://www.airbus.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–2016– 9069; 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. E:\FR\FM\12SEP1.SGM 12SEP1

Agencies

[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Proposed Rules]
[Pages 62668-62672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21145]


=======================================================================
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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: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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

SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain Embraer S.A. Model ERJ 170 airplanes. The NPRM 
proposed to supersede AD 2012-07-08, which requires revising the 
maintenance or inspection program to incorporate structural inspection 
requirements. The NPRM was prompted by a determination that more 
restrictive maintenance requirements and airworthiness limitations are 
necessary. Since the NPRM was issued, a new revision of the 
airworthiness limitations section (ALS) of the EMBRAER S.A. ERJ 170/175 
Maintenance Review Board Report (MRBR) was issued, which contains more 
restrictive airworthiness limitations. This action revises the NPRM by 
proposing to require revising the maintenance or inspection program, as 
applicable, to incorporate the new ALS of the MRBR. This supplemental 
NPRM (SNPRM) would also remove certain airplanes from the 
applicability. In addition, we propose to supersede AD 2006-06-09, AD 
2012-05-08, and AD 2012-07-08, which require tasks that are now 
included in the new revision of the MRBR. We are proposing

[[Page 62669]]

this SNPRM to detect and correct fatigue cracking of various principal 
structural elements; such cracking could result in reduced structural 
integrity of the airplane. We are also proposing this SNPRM to prevent 
safety-significant latent failures; such failures, in combination with 
one or more other specified failures or events, could result in a 
hazardous or catastrophic failure condition of avionics, hydraulic 
systems, fire detection systems, fuel systems, or other critical 
systems. In addition, we are also proposing this SNPRM to prevent the 
potential for ignition sources inside fuel tanks caused by latent 
failures, alterations, repairs, or maintenance actions; such failures, 
in combination with flammable fuel vapors, could result in fuel tank 
explosions and consequent loss of the airplane. Since these actions 
impose an additional burden over those proposed in the NPRM, we are 
reopening the comment period to allow the public the chance to comment 
on these proposed changes.

DATES: We must receive comments on this SNPRM by October 27, 2016.

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-
0059; 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 
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: Ana Martinez Hueto, Aerospace 
Engineer, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
telephone 425-227-1622; 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-2014-0059; 
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 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

    We issued a NPRM to amend 14 CFR part 39 by adding an AD that would 
apply to all Embraer S.A. Model ERJ 170 airplanes. The NPRM published 
in the Federal Register on February 27, 2014 (79 FR 11013) (``the 
NPRM''). The NPRM was prompted by a determination that more restrictive 
maintenance requirements and airworthiness limitations were necessary. 
The NPRM proposed to require a revision to the maintenance or 
inspection program to incorporate new inspections.

Actions Since Previous NPRM Was Issued

    Since we issued the NPRM, a new revision to the ALS of the EMBRAER 
S.A. ERJ 170/175 MRBR was issued, which contains more restrictive 
airworthiness limitations. The Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority for 
Brazil, has issued Brazilian Airworthiness Directive 2015-06-01, 
effective June 2, 2015 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition on certain Embraer S.A. Model ERJ 170 airplanes. The 
MCAI states:

    This [Brazilian] AD was prompted by a new revision to the 
airworthiness limitations of the Maintenance Review Board Report. 
This [Brazilian] AD is being issued to ensure that fatigue cracking 
of various principal structural elements is detected and corrected; 
such fatigue cracking, could adversely affect the structural 
integrity of these airplanes.

The required action is revising the maintenance or inspection program, 
as applicable, to incorporate the airworthiness limitations in Appendix 
A--``Airworthiness Limitations;'' to the EMBRAER 170/175 Maintenance 
Review Board Report, MRB-1621, Revision 10, dated February 23, 2015, 
which is divided into four parts: Part 1--Certification Maintenance 
Requirements, Part 2--Airworthiness Limitation Inspections, Part 3--
Fuel System Limitation Items, and Part 4--Life Limited Parts. 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-
0059.
    This SNPRM also proposes to supersede AD 2006-06-09, Amendment 39-
14518 (71 FR 14365, March 22, 2006); AD 2012-05-08, Amendment 39-16980 
(77 FR 16155, March 20, 2012); and AD 2012-07-08, Amendment 39-17014 
(77 FR 24342, April 24, 2012); which require tasks that are now 
included in the new revision of the MRBR.
    This SNPRM also proposes to remove airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or after February 23, 2015, from the 
applicability.

Related Service Information Under 1 CFR Part 51

    Embraer S.A. has issued Part 1--``Certification Maintenance 
Requirements;'' Part 2--``Airworthiness Limitation Inspections (ALI)--
Structures;'' Part 3--``Fuel System Limitation Items;'' and Part 4--
``Life Limited Items;'' of Appendix A--``Airworthiness Limitations;'' 
to the EMBRAER 170/175 Maintenance Review Board Report, MRB-1621, 
Revision 10, dated February 23, 2015. This service information 
describes airworthiness limitations (Part 1, Part 2, Part 3, and Part 4 
of the MRBR make up

[[Page 62670]]

the airworthiness limitations). This service information is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in the 
ADDRESSES section.

Comments

    We gave the public the opportunity to participate in developing 
this proposed AD. We considered the comment received.

Request To Refer to Revised Service Information

    An anonymous commenter noted that paragraph (i) of the proposed AD 
(in the NPRM) included terminating action(s) for the requirements of 
paragraph (g) of the proposed AD (in the NPRM) if a revision to the 
maintenance or inspection program was accomplished by the incorporation 
of the tasks in Part 2--``Airworthiness Limitation Inspections (ALI)--
Structures,'' of the EMBRAER 170 Maintenance Review Board Report, MRB-
1621, Revision 8, dated August 20, 2012. The commenter stated that 
since August 20, 2012, five additional temporary revisions to Part 2 
had been issued and the NPRM did not include the incorporation of these 
temporary revisions as being acceptable for compliance with the 
requirements of paragraph (g) of the proposed AD (in the NPRM). We 
infer that the commenter is requesting that the NPRM be revised to 
allow incorporation of the tasks in the current service information 
into an operator's maintenance or inspection program and that this 
should be acceptable for compliance with the requirements of paragraph 
(g) of the proposed AD (in the NPRM).
    We agree with the commenter's request to refer to the current 
revision of the EMBRAER 170/175 MRBR, which includes the temporary 
revisions mentioned by the commenter. Paragraph (i) of this proposed AD 
has been revised to refer to the EMBRAER 170/175 Maintenance Review 
Board Report, MRB-1621, Revision 10, dated February 23, 2015.

FAA's Determination and Requirements of This SNPRM

    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) and 
Critical Design Configuration Control Limitations (CDCCLs). Compliance 
with these actions and CDCCLs 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)(1) of this proposed AD. The request should include a description of 
changes to the required inspections that will ensure the continued 
damage tolerance of the affected structure.
    Notwithstanding any other maintenance or operational requirements, 
components that have been identified as airworthy or installed on the 
affected airplanes before accomplishing the revision of the airplane 
maintenance or inspection program specified in this proposed AD, do not 
need to be reworked in accordance with the CDCCLs. However, once the 
airplane maintenance or inspection program has been revised as required 
by this proposed AD, future maintenance actions on these components 
must be done in accordance with the CDCCLs.
    Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

Airworthiness Limitations Based on Type Design

    The FAA recently became aware of an issue related to the 
applicability of ADs that require incorporation of an ALS revision into 
an operator's maintenance or inspection program.
    Typically, when these types of ADs are issued by civil aviation 
authorities of other countries, they apply to all airplanes covered 
under an identified type certificate (TC). The corresponding FAA AD 
typically retains applicability to all of those airplanes.
    In addition, U.S. operators must operate their airplanes in an 
airworthy condition, in accordance with 14 CFR 91.7(a). Included in 
this obligation is the requirement to perform any maintenance or 
inspections specified in the ALS, and in accordance with the ALS as 
specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been 
approved by the FAA.
    When a type certificate is issued for a type design, the specific 
ALS, including revisions, is a part of that type design, as specified 
in 14 CFR 21.31(c).
    The sum effect of these operational and maintenance requirements is 
an obligation to comply with the ALS defined in the type design 
referenced in the manufacturer's conformity statement. This obligation 
may introduce a conflict with an AD that requires a specific ALS 
revision if new airplanes are delivered with a later revision as part 
of their type design.
    To address this conflict, the FAA has approved alternative methods 
of compliance (AMOCs) that allow operators to incorporate the most 
recent ALS revision into their maintenance/inspection programs, in lieu 
of the ALS revision required by the AD. This eliminates the conflict 
and enables the operator to comply with both the AD and the type 
design.
    However, compliance with AMOCs is normally optional, and we 
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection 
programs, including those for new airplanes delivered with later ALS 
revisions, to help standardize the maintenance of the fleet. To ensure 
that operators comply with the applicable ALS revision for newly 
delivered airplanes containing a later revision than that specified in 
an AD, we plan to limit the applicability of ADs that mandate ALS 
revisions to those airplanes that are subject to an earlier revision of 
the ALS, either as part of the type design or as mandated by an earlier 
AD.
    This proposed AD, therefore, would apply to Model ERJ 170 airplanes 
with an original certificate of airworthiness or original export 
certificate of airworthiness that was issued before the date of 
approval of the ALS revision identified in this proposed AD (airplanes 
having serial numbers 17000002, 17000004 through 17000013 inclusive, 
and 17000015 through 17000453 inclusive). Operators of airplanes with 
an original certificate of airworthiness or original export certificate 
of airworthiness issued on or after that date must comply with the 
airworthiness limitations specified as part of the approved type design 
and referenced on the type certificate data sheet.

Costs of Compliance

    We estimate that this SNPRM affects 286 airplanes of U.S. registry.

[[Page 62671]]

    The actions that are required by AD 2012-07-08, Amendment 39-17014 
(77 FR 24342, April 24, 2012), and retained in this SNPRM 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 new basic requirements of this SNPRM. 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 SNPRM on 
U.S. operators to be $24,310, or $85 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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:
0
a. Removing airworthiness directives AD 2006-06-09, Amendment 39-14518 
(71 FR 14365, March 22, 2006); AD 2012-0508, Amendment 39-16980 (77 FR 
16155, March 20, 2012); and AD 2012-07-08, Amendment 39-17014 (77 FR 
24342, April 24, 2012); and
0
b. 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 October 27, 2016.

(b) Affected ADs

    This AD replaces the ADs specified in paragraphs (b)(1), (b)(2), 
and (b)(3) of this AD:
    (1) AD 2006-06-09, Amendment 39-14518 (71 FR 14365, March 22, 
2006) (``AD 2006-06-06'').
    (2) AD 2012-05-08, Amendment 39-16980 (77 FR 16155, March 20, 
2012) (``AD 2012-05-08'').
    (3) AD 2012-07-08, Amendment 39--17014 (77 FR 24342, April 24, 
2012) (``AD 2012-07-08'').

(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; manufacturer 
serial numbers 17000002, 17000004 through 17000013 inclusive, and 
17000015 through 17000453 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Codes 27, Flight 
controls; 28, Fuel; 52, Doors; 53, Fuselage; 54, Nacelles/pylons; 
55, Stabilizers; 57, Wings; 71, Powerplant; and 78, Exhaust.

(e) Reason

    This AD was prompted by a determination that more restrictive 
airworthiness limitations are necessary. We are issuing this AD to 
detect and correct fatigue cracking of various principal structural 
elements; such cracking could result in reduced structural integrity 
of the airplane. We are also issuing this AD to prevent safety-
significant latent failures; such failures, in combination with one 
or more other specified failures or events, could result in a 
hazardous or catastrophic failure condition of avionics, hydraulic 
systems, fire detection systems, fuel systems, or other critical 
systems. We are also issuing this AD to prevent the potential for 
ignition sources inside fuel tanks caused by latent failures, 
alterations, repairs, or maintenance actions; such failures, 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) Retained Maintenance Program Revision, With No Changes

    This paragraph restates the action required by paragraph (i) of 
AD 2012-07-08, with no changes.
    (1) Within 60 days after May 29, 2012 (the effective date of AD 
2012-07-08): 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,'' to 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,'' 
to the EMBRAER 170 MRBR, MRB-1621, Revision 7, dated November 11, 
2010; 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,'' to 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,'' to the EMBRAER 170 MRBR, 
MRB-1621, Revision 7, dated November 11, 2010.

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

    This paragraph restates the action required by paragraph (j) of 
AD 2012-07-08, with a new exception. Except as required by

[[Page 62672]]

paragraph (i) of this AD, after accomplishing the revisions required 
by paragraph (g) of this AD, no alternative actions (e.g., 
inspections), intervals, and/or CDCCLs may be used other than those 
specified in 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, intervals, and/or CDCCLs are 
approved as an AMOC in accordance with the procedures specified in 
paragraph (k)(1) of this AD.

(i) New Revision of Maintenance or Inspection Program

    Within 12 months after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
airworthiness limitations specified in Part 1--``Certification 
Maintenance Requirements;'' Part 2--``Airworthiness Limitation 
Inspections (ALI)--Structures;'' Part 3--``Fuel System Limitation 
Items;'' and Part 4--``Life Limited Items;'' of Appendix A--
``Airworthiness Limitations;'' of the EMBRAER 170/175 MRBR, MRB-
1621, Revision 10, dated February 23, 2015. The initial compliance 
times and repetitive intervals are specified in the applicable part 
of the EMBRAER 170/175 MRBR, MRB-1621, Revision 10, dated February 
23, 2015. Accomplishing the revision to the maintenance or 
inspection program required by this paragraph terminates the 
requirements of paragraph (g) of this AD.

(j) No Alternative Actions, Intervals, CDCCLs

    After accomplishing the revision required by paragraph (i) of 
this AD, no alternative actions (e.g., inspections), intervals, or 
CDCCLs may be used unless the actions, intervals, and CDCCLs are 
approved as an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (k)(1) of this AD.

(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: Ana Martinez 
Hueto, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1622; 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) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement in this AD to obtain corrective actions 
from a manufacturer, the action must be accomplished using a method 
approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or the Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC); or ANAC's authorized Designee. 
If approved by the ANAC Designee, the approval must include the 
Designee's authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
Brazilian Airworthiness Directive 2015-06-01, effective June 2, 
2015, 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-2014-0059.
    (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 http://www.flyembraer.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on August 25, 2016.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-21145 Filed 9-9-16; 8:45 am]
 BILLING CODE 4910-13-P