Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer), 18590-18593 [2017-07748]

Download as PDF 18590 Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Proposed Rules (f) Compliance Comply with this AD within the compliance times specified, unless already done. (1) Within 30 days after the effective date of this AD, inspect each Siemens smoke detector, or review your maintenance records, to determine if an affected detector is installed. (2) For affected smoke detectors, replace the detectors within the compliance times specified in Figures 2, 3, and 4 to paragraph (f) of this AD. FIGURE 2 TO PARAGRAPH (f) OF THIS AD—P/N PMC1102–02 (CARGO COMPARTMENTS) Manufacturing date (month/year) Compliance time (after the effective date of this AD) 122010 to 112011 inclusive ..................................................................... 122011 to 012013 inclusive ..................................................................... Within 5 months. Within 11 months. FIGURE 3 TO PARAGRAPH (f) OF THIS AD—P/N PMC3100–00 DETECTORS (CARGO COMPARTMENTS) Manufacturing date (month/year) Compliance time (after the effective date of this AD) 032011 to 012012 inclusive ..................................................................... 022012 to 012013 inclusive ..................................................................... Within 5 months. Within 11 months. FIGURE 4 TO PARAGRAPH (f) OF THIS AD—P/N GMC1102–02 (PASSENGER CABIN OR ANY OTHER LOCATION) Compliance Time (after the effective date of this AD) Manufacturing date (month/year) 112010 to 022012 inclusive ..................................................................... 032012 to 122012 inclusive ..................................................................... (g) Installation Prohibition From the effective date of this AD, do not install on any airplane a smoke detector: (1) With a manufacturing date and P/N listed in Figure 2 or 3 to paragraph (f) of this AD; (2) listed in Figure 4 to paragraph (f) of this AD unless the detector is marked ‘SIL PMC– 26–002’. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS (h) Alternative Methods of Compliance (AMOCs) The Manager, Boston Aircraft Certification Office, FAA, may approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19 to make your request. (i) Related Information (1) For more information about this AD, contact Erin Hulverson, Aerospace Engineer, Boston Aircraft Certification Office, FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803; phone: 781– 238–7655; fax: 781–238–7199; email: erin.hulverson@faa.gov. (2) Refer to MCAI European Aviation Safety Agency AD 2016–0024, dated January 26, 2016, for more information. You may examine the MCAI in the AD docket on the Internet at https://www.regulations.gov by searching for and locating it in Docket No. FAA–2017–0099. (3) Siemens S.A.S. SIL No. PMC–26–002, Revision No. 1, dated January 2016 and Siemens SIL No. PMC–26–003, Revision No. 2, dated February 2016, can be obtained from Siemens S.A.S. using the contact information in paragraph (i)(4) of this proposed AD. (4) For service information identified in this proposed AD, contact Siemens, Aviation VerDate Sep<11>2014 16:53 Apr 19, 2017 Jkt 241001 Within 24 months. Within 36 months. Customer Support, 697 Rue Fourny, 78530 Buc, France; phone: (33) 1 3084 6650; fax: (33) 1 3956 1364. (5) You may view this service information at the FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781–238–7125. Issued in Burlington, Massachusetts, on April 7, 2017. Carlos A. Pestana, Acting Manager, Engine & Propeller Directorate, Aircraft Certification Service. [FR Doc. 2017–07675 Filed 4–19–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2017–0250; Directorate Identifier 2016–NM–158–AD] RIN 2120–AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for all SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB–135ER, –135KE, –135KL, –135LR, –145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. This proposed AD was prompted by a report of airplanes with modified gust lock levers that prevented the thrust lever’s full excursion, thus limiting the engine power. This proposed AD would require replacing a certain gust lock lever. We are proposing this AD to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by June 5, 2017. 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 https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this NPRM, contact Empresa Brasileira de Aeronautica S.A. (Embraer), Technical Publications Section (PC E:\FR\FM\20APP1.SGM 20APP1 Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Proposed Rules 060), Av. Brigadeiro Faria Lima, 2170– ˜ Putim–12227–901 Sao Jose dos Campos–SP—Brasil; telephone +55 12 3927–5852 or +55 12 3309–0732; fax +55 12 3927–7546; email distrib@ embraer.com.br; Internet https:// www.flyembraer.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0250; 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: Todd Thompson, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–1175; fax 425–227–1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA– 2017–0250; Directorate Identifier 2016– NM–158–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion ˆ The Agencia Nacional de Aviacao ¸˜ Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directive 2016–07–01, dated July 18, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for certain Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB–135ER, –135KE, –135KL, –135LR, –145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes. The MCAI states: ANAC was informed about occurrences in which airplanes that incorporated SB 145– 27–0115, which changes the Gust Lock lever format, managed to takeoff, or performed [rejected take-offs] RTOs, in such a configuration that the Gust Lock lever prevented the thrust levers full excursion, thus limiting the engine power to about 70% of the nominal takeoff power. Analyses and simulations conducted by the manufacturer confirmed this as a possible scenario in case some verification procedures prior to and during takeoff, for whatever reason, are not properly performed. After evaluation, the conclusion was that the incorporation of SB 145–27–0115 would take away an important tactile cue regarding the thrust levers position, which, in a timely manner, would alert the crew of an improper takeoff configuration. During takeoffs, or attempts thereof, in such condition, the airplane would have a reduced performance, which would increase the required takeoff distance or the RTO distance, and reduce the airplane capacity to clear obstacles. Since this condition may occur in other airplanes of the same type and affects flight safety, a corrective action is required. Thus, sufficient reason exists to request compliance with this [Brazilian] AD in the indicated time limit. 18591 Required actions include replacing a certain gust lock lever. You may examine the MCAI in the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0250. Related Service Information Under 1 CFR Part 51 We reviewed Embraer Service Bulletin 145–27–0126, dated October 6, 2015. The service information describes procedures for replacement of a certain gust lock lever for one with an alternative format. We have also reviewed Embraer Service Bulletin 145–27–0115, Revision 03, dated October 5, 2015. This service information describes procedures for modifying involving replacement of the gust lock lever with a new gust lock lever enabling both engine thrust levers to be advanced at the same angle as that of the electromechanical gust lock lever. 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. 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 these same type designs. Costs of Compliance We estimate that this proposed AD affects 668 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: ESTIMATED COSTS asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Action Labor cost Parts cost Cost per product Cost on U.S. operators Inspection ..... 1 work-hour × $85 per hour = $85 ................................................................... $0 $85 $56,780 We estimate the following costs to do any necessary replacements that would VerDate Sep<11>2014 16:53 Apr 19, 2017 Jkt 241001 be required based on the results of the proposed inspection. We have no way of PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 determining the number of aircraft that might need this replacement: E:\FR\FM\20APP1.SGM 20APP1 18592 Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Proposed Rules ON-CONDITION COSTS Action Labor cost Parts cost Cost per product Replacement 1 work-hour × $85 per hour = $85 ................................................................................................ $6,315 $6,400 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. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 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: VerDate Sep<11>2014 16:53 Apr 19, 2017 Jkt 241001 the actions specified in Embraer Service Bulletin 145–27–0115 have been done. PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ Empresa Brasileira de Aeronautica S.A. (Embraer): Docket No. FAA–2017–0250; Directorate Identifier 2016–NM–158–AD. (a) Comments Due Date We must receive comments by June 5, 2017. (b) Affected ADs None. (c) Applicability This AD applies to all Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB– 135ER, –135KE, –135KL, –135LR, –145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 27, Flight controls. (e) Reason This AD was prompted by a report of airplanes with modified gust lock levers that performed take-offs or rejected take-offs (RTOs), in such a configuration that the gust lock lever prevented the thrust lever’s full excursion, thus limiting the engine power to about 70% of the nominal take-off power. We are issuing this AD to prevent incorrect configuration of the gust lock lever, which could reduce the airplane’s performance during take-offs or attempted take-offs, increase the required take-off distance or the RTO distance, and reduce the airplane’s capacity to clear obstacles. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspection Within 5,000 flight hours or 24 months after the effective date of this AD, whichever occurs first: Check the airplane maintenance records to determine whether the actions specified in Embraer Service Bulletin 145– 27–0115 have been done. If the records review is inconclusive, inspect the engine control box assembly against the Accomplishment Instructions of Embraer Service Bulletin 145–27–0115, Revision 03, dated October 5, 2015, to determine whether PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 (h) Corrective Action If the check or inspection required by paragraph (g) of this AD indicates that the actions in Embraer Service Bulletin 145–27– 0115 have been done: Within 5,000 flight hours or 24 months after the effective date of this AD, whichever occurs first, replace the gust lock lever, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 145–27–0126, dated October 6, 2015. (i) Acceptable Alternative Reversion of the airplane to a premodification condition (configuration before incorporating Embraer Service Bulletin 145– 27–0115), within the compliance times specified in paragraph (h) of this AD, in accordance with a method approved by the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or the ˆ Agencia Nacional de Aviacao Civil (ANAC); ¸˜ or ANAC’s authorized Designee, is acceptable for compliance with paragraph (h) of this AD. (j) Prohibited Modification As of the effective date of this AD, do not accomplish the actions specified in Embraer Service Bulletin 145–27–0115 on any airplane. (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: Todd Thompson, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–1175; fax 425–227–1149. Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: 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 ANAC; or ANAC’s authorized Designee. If approved by the ANAC Designee, the E:\FR\FM\20APP1.SGM 20APP1 Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Proposed Rules approval must include the Designee’s authorized signature. (l) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Brazilian Airworthiness Directive 2016–07–01, dated July 18, 2016, for related information. This MCAI may be found in the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA– 2017–0250. (2) For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A. (Embraer), Technical Publications Section (PC 060), Av. Brigadeiro ˜ Faria Lima, 2170–Putim–12227–901 Sao Jose dos Campos–SP—Brasil; telephone +55 12 3927–5852 or +55 12 3309–0732; fax +55 12 3927–7546; email distrib@embraer.com.br; Internet https://www.flyembraer.com. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on April 11, 2017. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017–07748 Filed 4–19–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Washington, DC 20590; telephone (202) 366–9826, or 1–800–647–5527. You must identify FAA Docket No. FAA– 2017–0175; Airspace Docket No. 17– ACE–2, at the beginning of your comments. You may also submit comments through the Internet at https:// www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. FAA Order 7400.11A, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/ publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC, 20591; telephone: 202–267–8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11A at NARA, call 202–741– 6030, or go to https://www.archives.gov/ federal_register/code_of_federalregulations/ibr_locations.html. FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. 14 CFR Part 71 FOR FURTHER INFORMATION CONTACT: [Docket No. FAA–2017–0175; Airspace Docket No. 17–ACE–2] Rebecca Shelby, Federal Aviation Administration, Contract Support, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX, 76177; telephone (817) 222–5859. Proposed Amendment of Class E Airspace; Hebron, NE Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This action proposes to modify Class E airspace extending upward from 700 feet above the surface at Hebron Municipal Airport, Hebron, NE. This action is necessary due to the decommissioning of the Hebron nondirectional radio beacon (NDB), and cancellation of the NDB approach. This proposed change would enhance the safety and management of standard instrument approach procedures for instrument flight rules (IFR) operations at the airport. DATES: Comments must be received on or before June 5, 2017. ADDRESSES: Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., asabaliauskas on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:53 Apr 19, 2017 Jkt 241001 SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would amend Class E airspace extending upward from 700 feet above the surface at Hebron Municipal Airport, Hebron, NE. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 18593 Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to Docket No. FAA–2017–0175/Airspace Docket No. 17–ACE–2.’’ The postcard will be date/time stamped and returned to the commenter. All communications received before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of the comments received. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRMs An electronic copy of this document may be downloaded through the Internet at https://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at https:// www.faa.gov//air_traffic/publications/ airspace_amendments/. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for the address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours at the Federal Aviation Administration, Air Traffic Organization, Central Service Center, Operations Support Group, 10101 Hillwood Parkway, Fort Worth, TX, 76177. Availability and Summary of Documents Proposed for Incorporation by Reference This document proposes to amend FAA Order 7400.11A, Airspace E:\FR\FM\20APP1.SGM 20APP1

Agencies

[Federal Register Volume 82, Number 75 (Thursday, April 20, 2017)]
[Proposed Rules]
[Pages 18590-18593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07748]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0250; Directorate Identifier 2016-NM-158-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(Embraer)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135ER, -
135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes. This proposed AD was prompted by a report of 
airplanes with modified gust lock levers that prevented the thrust 
lever's full excursion, thus limiting the engine power. This proposed 
AD would require replacing a certain gust lock lever. We are proposing 
this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 5, 2017.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Empresa 
Brasileira de Aeronautica S.A. (Embraer), Technical Publications 
Section (PC

[[Page 18591]]

060), Av. Brigadeiro Faria Lima, 2170-Putim-12227-901 S[atilde]o Jose 
dos Campos-SP--Brasil; telephone +55 12 3927-5852 or +55 12 3309-0732; 
fax +55 12 3927-7546; email distrib@embraer.com.br; Internet https://www.flyembraer.com. You may view this referenced service information at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
WA. For information on the availability of this material at the FAA, 
call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0250; 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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2017-0250; 
Directorate Identifier 2016-NM-158-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2016-07-01, dated July 18, 2016 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Empresa 
Brasileira de Aeronautica S.A. (Embraer) Model EMB-135ER, -135KE, -
135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes. The MCAI states:

    ANAC was informed about occurrences in which airplanes that 
incorporated SB 145-27-0115, which changes the Gust Lock lever 
format, managed to takeoff, or performed [rejected take-offs] RTOs, 
in such a configuration that the Gust Lock lever prevented the 
thrust levers full excursion, thus limiting the engine power to 
about 70% of the nominal takeoff power. Analyses and simulations 
conducted by the manufacturer confirmed this as a possible scenario 
in case some verification procedures prior to and during takeoff, 
for whatever reason, are not properly performed. After evaluation, 
the conclusion was that the incorporation of SB 145-27-0115 would 
take away an important tactile cue regarding the thrust levers 
position, which, in a timely manner, would alert the crew of an 
improper takeoff configuration. During takeoffs, or attempts 
thereof, in such condition, the airplane would have a reduced 
performance, which would increase the required takeoff distance or 
the RTO distance, and reduce the airplane capacity to clear 
obstacles.
    Since this condition may occur in other airplanes of the same 
type and affects flight safety, a corrective action is required. 
Thus, sufficient reason exists to request compliance with this 
[Brazilian] AD in the indicated time limit.

    Required actions include replacing a certain gust lock lever. You 
may examine the MCAI in the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0250.

Related Service Information Under 1 CFR Part 51

    We reviewed Embraer Service Bulletin 145-27-0126, dated October 6, 
2015. The service information describes procedures for replacement of a 
certain gust lock lever for one with an alternative format.
    We have also reviewed Embraer Service Bulletin 145-27-0115, 
Revision 03, dated October 5, 2015. This service information describes 
procedures for modifying involving replacement of the gust lock lever 
with a new gust lock lever enabling both engine thrust levers to be 
advanced at the same angle as that of the electromechanical gust lock 
lever.
    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.

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 these 
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 668 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
           Action                        Labor cost               Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection..................  1 work-hour x $85 per hour =                 $0              $85          $56,780
                               $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of aircraft that might need 
this replacement:

[[Page 18592]]



                           On-Condition Costs
------------------------------------------------------------------------
                                                             Cost per
     Action            Labor cost          Parts cost        product
------------------------------------------------------------------------
Replacement.....  1 work-hour x $85             $6,315           $6,400
                   per hour = $85.
------------------------------------------------------------------------

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 adding the following new airworthiness 
directive (AD):

Empresa Brasileira de Aeronautica S.A. (Embraer): Docket No. FAA-
2017-0250; Directorate Identifier 2016-NM-158-AD.

(a) Comments Due Date

    We must receive comments by June 5, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Empresa Brasileira de Aeronautica S.A. 
(Embraer) Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes, certificated in 
any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by a report of airplanes with modified gust 
lock levers that performed take-offs or rejected take-offs (RTOs), 
in such a configuration that the gust lock lever prevented the 
thrust lever's full excursion, thus limiting the engine power to 
about 70% of the nominal take-off power. We are issuing this AD to 
prevent incorrect configuration of the gust lock lever, which could 
reduce the airplane's performance during take-offs or attempted 
take-offs, increase the required take-off distance or the RTO 
distance, and reduce the airplane's capacity to clear obstacles.

(f) Compliance

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

(g) Inspection

    Within 5,000 flight hours or 24 months after the effective date 
of this AD, whichever occurs first: Check the airplane maintenance 
records to determine whether the actions specified in Embraer 
Service Bulletin 145-27-0115 have been done. If the records review 
is inconclusive, inspect the engine control box assembly against the 
Accomplishment Instructions of Embraer Service Bulletin 145-27-0115, 
Revision 03, dated October 5, 2015, to determine whether the actions 
specified in Embraer Service Bulletin 145-27-0115 have been done.

(h) Corrective Action

    If the check or inspection required by paragraph (g) of this AD 
indicates that the actions in Embraer Service Bulletin 145-27-0115 
have been done: Within 5,000 flight hours or 24 months after the 
effective date of this AD, whichever occurs first, replace the gust 
lock lever, in accordance with the Accomplishment Instructions of 
Embraer Service Bulletin 145-27-0126, dated October 6, 2015.

(i) Acceptable Alternative

    Reversion of the airplane to a pre-modification condition 
(configuration before incorporating Embraer Service Bulletin 145-27-
0115), within the compliance times specified in paragraph (h) of 
this AD, in accordance with 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, is acceptable for compliance with 
paragraph (h) of this AD.

(j) Prohibited Modification

    As of the effective date of this AD, do not accomplish the 
actions specified in Embraer Service Bulletin 145-27-0115 on any 
airplane.

(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: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone 425-227-1175; fax 425-227-1149. Information 
may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: 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 ANAC; or 
ANAC's authorized Designee. If approved by the ANAC Designee, the

[[Page 18593]]

approval must include the Designee's authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2016-07-01, dated July 18, 
2016, for related information. This MCAI may be found in the AD 
docket on the Internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2017-0250.
    (2) For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (Embraer), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170-
Putim-12227-901 S[atilde]o Jose dos Campos-SP--Brasil; telephone +55 
12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email 
distrib@embraer.com.br; Internet https://www.flyembraer.com. You may 
view this service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on 
the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on April 11, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-07748 Filed 4-19-17; 8:45 am]
 BILLING CODE 4910-13-P
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