Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer), 35638-35641 [2017-15807]
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35638
Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations
cockpit and could also result in an oxygenrich environment that could lead to a
possible fire hazard.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Installation and Modification
Within 12 months after the effective date
of this AD, install additional shims and
modify the clamp strap, as applicable, to the
flight crew’s oxygen bottles’ retaining
structures, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 215–4457, Revision 3, dated
May 8, 2013.
(h) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraph (g) of this AD, if those
actions were performed before the effective
date of this AD using any of the service
information identified in paragraphs (h)(1),
(h)(2), or (h)(3) of this AD.
(1) Bombardier Service Bulletin 215–4457,
Revision 2, dated October 24, 2012.
(2) Bombardier Service Bulletin 215–4457,
Revision 1, dated June 12, 2012.
(3) Bombardier Service Bulletin 215–4457,
dated April 4, 2012.
mstockstill on DSK30JT082PROD with RULES
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office (ACO), ANE–170, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the manager of the ACO, send it
to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO,
1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516–228–7300; fax
516–794–5531. 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, New York ACO, ANE–170,
FAA; or Transport Canada Civil Aviation
(TCCA); or Viking Air Limited’s TCCA
Design Approval Organization (DAO). If
approved by the DAO, the approval must
include the DAO-authorized signature.
(j) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
AD CF–2016–33, dated October 12, 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–2017–0333.
(2) For more information about this AD,
contact Cesar Gomez, Aerospace Engineer,
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17:30 Jul 31, 2017
Jkt 241001
Airframe and Mechanical Systems Branch,
ANE–171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590;
telephone 516–228–7318; fax 516–794–5531.
(3) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (k)(3) and (k)(4) of this AD.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Bombardier Service Bulletin 215–4457,
Revision 3, dated May 8, 2013.
(ii) Reserved.
(3) For service information identified in
ˆ
this AD, contact Bombardier, Inc., 400 Cote´
Vertu Road West, Dorval, Quebec H4S 1Y9,
Canada; telephone 514–855–5000; fax 514–
855–7401; email thd.crj@
aero.bombardier.com; Internet https://
www.bombardier.com.
(4) 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.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on July 19,
2017.
Victor Wicklund,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–15555 Filed 7–31–17; 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; Amendment
39–18976; AD 2017–15–16]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(Embraer)
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for all
Empresa Brasileira de Aeronautica S.A.
SUMMARY:
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Frm 00016
Fmt 4700
Sfmt 4700
(Embraer) Model EMB–135ER, –135KE,
–135KL, –135LR, –145, –145ER,
–145MR, –145LR, –145XR, –145MP, and
–145EP airplanes. This 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 AD
requires replacing a certain gust lock
lever. We are issuing this AD to address
the unsafe condition on these products.
This AD is effective September 5,
2017.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 5, 2017.
DATES:
For service information
identified in this final rule, 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 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. It is also available
on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0250.
ADDRESSES:
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 AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (telephone 800–647–
5527) is Docket Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590.
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:
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Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all Empresa Brasileira de
Aeronautica S.A. (Embraer) Model
EMB–135ER, –135KE, –135KL, –135LR,
–145, –145ER, –145MR, –145LR,
–145XR, –145MP, and –145EP
airplanes. The NPRM published in the
Federal Register on April 20, 2017 (82
FR 18590) (‘‘the NPRM’’).
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 all 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.
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comment
received on the NPRM and the FAA’s
response to that comment.
Request To Revise the Compliance
Time
Air Line Pilots Association,
International (ALPA) requested that the
compliance time in the NPRM be
revised. ALPA stated that since the
Embraer service information was
published 19 months prior, operators
have been provided ample time to
perform inspections to determine
whether a corrective action is required.
ALPA commented that, therefore, it is in
partial support of the NPRM and
suggested an inspection compliance
time of 12 months or 2,500 flight hours
after the effective date of the AD, and a
repair compliance time of 24 months or
5,000 hours after the effective date of
the AD.
We disagree with the commenter’s
request. In developing an appropriate
compliance time, we considered the
safety implications, parts availability,
and normal maintenance schedules for
timely accomplishment of inspecting
and replacing the gust lock lever.
Further, we arrived at the proposed
compliance time with operator and
manufacturer concurrence. Since the
actions specified in the Brazilian AD
and service information are not
mandatory in the U.S., the FAA must
issue a final rule to mandate those
actions in order to address the identified
unsafe condition. In consideration of all
35639
of these factors, we determined that the
compliance time, as proposed,
represents an appropriate time in which
the gust lock lever can be inspected and
replaced in a timely manner within the
fleet, while still maintaining an
adequate level of safety. We have not
changed this AD in this regard.
Conclusion
We reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this AD
as proposed except for minor editorial
changes. We have determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
correcting the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
Related Service Information Under 1
CFR Part 51
We have reviewed Embraer Service
Bulletin 145–27–0126, dated October 6,
2015. This 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 modification
procedures 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.
Costs of Compliance
We estimate that this AD affects 668
airplanes of U.S. registry.
We estimate the following costs to
comply with this AD:
ESTIMATED COSTS
Labor cost
Inspection ................................
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Action
1 work-hour × $85 per hour = $85 .........................................
We estimate the following costs to do
any necessary replacements that would
VerDate Sep<11>2014
17:30 Jul 31, 2017
Jkt 241001
be required based on the results of the
inspection. We have no way of
PO 00000
Frm 00017
Fmt 4700
Cost per
product
Parts cost
Sfmt 4700
$0
$85
Cost on U.S.
operators
$56,780
determining the number of aircraft that
might need this replacement:
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Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations
ON-CONDITION COSTS
Action
Labor cost
Replacement ....................................
1 work-hour × $85 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 AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
mstockstill on DSK30JT082PROD with RULES
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
VerDate Sep<11>2014
17:30 Jul 31, 2017
Jkt 241001
Parts cost
$6,315
Cost per
product
$6,400
PART 39—AIRWORTHINESS
DIRECTIVES
dated October 5, 2015, to determine whether
the actions specified in Embraer Service
Bulletin 145–27–0115 have been done.
1. The authority citation for part 39
continues to read as follows:
(h) Corrective Action
■
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):
■
2017–15–16 Empresa Brasileira de
Aeronautica S.A. (Embraer):
Amendment 39–18976; FAA–2017–0250;
Directorate Identifier 2016–NM–158–AD.
(a) Effective Date
This AD is effective September 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,
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Fmt 4700
Sfmt 4700
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
Modification 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, 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 the
attention of the person identified in
paragraph (l)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@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
approval must include the Designee’s
authorized signature.
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Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations
(l) Related Information
DEPARTMENT OF TRANSPORTATION
(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 more information about this AD,
contact Todd Thompson, Aerospace
Engineer, International Branch, ANM–116,
FAA, 1601 Lind Avenue SW., Renton, WA
98057–3356; telephone 425–227–1175; fax
425–227–1149.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Embraer Service Bulletin 145–27–0115,
Revision 03, dated October 5, 2015.
(ii) Embraer Service Bulletin 145–27–0126,
dated October 6, 2015.
(3) 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.
(4) 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.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on July 19,
2017.
Victor Wicklund,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–15807 Filed 7–31–17; 8:45 am]
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BILLING CODE 4910–13–P
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–9307; Directorate
Identifier 2016–NM–076–AD; Amendment
39–18970; AD 2017–15–10]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
The Boeing Company Model 787–9
airplanes. This AD was prompted by a
determination that the shoulder bolt
used on the outboard clevis of the
forward support fitting of the ram air
turbine (RAT) might not be long enough
to allow for proper installation of the
RAT; therefore, the clevis of the joint
could be clamped together, resulting in
reduced fatigue life and possible
fracture of the clevis. This AD requires
inspecting for cracking of the clevis of
the forward support fitting of the RAT,
installing a longer shoulder bolt, and
replacing the forward support fitting if
any cracking is found. We are issuing
this AD to address the unsafe condition
on these products.
DATES: This AD is effective September 5,
2017.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 5, 2017.
ADDRESSES: For service information
identified in this final rule, contact
Boeing Commercial Airplanes,
Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC
110–SK57, Seal Beach, CA 90740;
telephone 562–797–1717; Internet
https://www.myboeingfleet.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. It is also
available on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
9307.
SUMMARY:
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
9307; or in person at the Docket
17:30 Jul 31, 2017
Jkt 241001
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Fmt 4700
Sfmt 4700
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (phone: 800–647–5527) is
Docket Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT:
Examining the AD Docket
VerDate Sep<11>2014
35641
Kelly McGuckin, Aerospace Engineer,
Systems and Equipment Branch, ANM–
130S, FAA, Seattle Aircraft Certification
Office (ACO), 1601 Lind Avenue SW.,
Renton, WA 98057–3356; phone: 425–
917–6490; fax: 425–917–6590; email:
kelly.mcguckin@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain The Boeing Company
Model 787–9 airplanes. The NPRM
published in the Federal Register on
November 28, 2016 (81 FR 85448) (‘‘the
NPRM’’). The NPRM was prompted by
a determination that the shoulder bolt
used on the outboard clevis of the
forward support fitting of the RAT
might not be long enough to allow for
proper installation of the RAT;
therefore, the clevis of the joint could be
clamped together, resulting in reduced
fatigue life and possible fracture of the
clevis. The NPRM proposed to require
inspecting for cracking of the clevis of
the forward support fitting of the RAT,
installing a longer shoulder bolt, and
replacing the forward support fitting
with a new fitting if any cracking is
found. We are issuing this AD to
prevent fracture of the clevis of the
forward support fitting of the RAT,
which could result in the RAT departing
the airplane during a dual nonrestartable engine loss, and consequent
loss of control of the airplane, or injury
to maintenance crews during periodic
RAT ground tests.
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comments
received on the NPRM and the FAA’s
response to each comment.
Support for the NPRM
Boeing and Ahmed Ahmed Hamdy
concur with the content of the NPRM.
E:\FR\FM\01AUR1.SGM
01AUR1
Agencies
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Rules and Regulations]
[Pages 35638-35641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15807]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0250; Directorate Identifier 2016-NM-158-AD;
Amendment 39-18976; AD 2017-15-16]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(Embraer)
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting 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 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 AD requires replacing a
certain gust lock lever. We are issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective September 5, 2017.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September 5,
2017.
ADDRESSES: For service information identified in this final rule,
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 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. It is also
available on the Internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2017-0250.
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 AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
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:
[[Page 35639]]
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Empresa Brasileira de
Aeronautica S.A. (Embraer) Model EMB-135ER, -135KE, -135KL, -135LR, -
145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. The
NPRM published in the Federal Register on April 20, 2017 (82 FR 18590)
(``the NPRM'').
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 all 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.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the NPRM and
the FAA's response to that comment.
Request To Revise the Compliance Time
Air Line Pilots Association, International (ALPA) requested that
the compliance time in the NPRM be revised. ALPA stated that since the
Embraer service information was published 19 months prior, operators
have been provided ample time to perform inspections to determine
whether a corrective action is required. ALPA commented that,
therefore, it is in partial support of the NPRM and suggested an
inspection compliance time of 12 months or 2,500 flight hours after the
effective date of the AD, and a repair compliance time of 24 months or
5,000 hours after the effective date of the AD.
We disagree with the commenter's request. In developing an
appropriate compliance time, we considered the safety implications,
parts availability, and normal maintenance schedules for timely
accomplishment of inspecting and replacing the gust lock lever.
Further, we arrived at the proposed compliance time with operator and
manufacturer concurrence. Since the actions specified in the Brazilian
AD and service information are not mandatory in the U.S., the FAA must
issue a final rule to mandate those actions in order to address the
identified unsafe condition. In consideration of all of these factors,
we determined that the compliance time, as proposed, represents an
appropriate time in which the gust lock lever can be inspected and
replaced in a timely manner within the fleet, while still maintaining
an adequate level of safety. We have not changed this AD in this
regard.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD as proposed except for minor editorial changes. We have
determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related Service Information Under 1 CFR Part 51
We have reviewed Embraer Service Bulletin 145-27-0126, dated
October 6, 2015. This 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
modification procedures 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.
Costs of Compliance
We estimate that this AD affects 668 airplanes of U.S. registry.
We estimate the following costs to comply with this 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 inspection. We have
no way of determining the number of aircraft that might need this
replacement:
[[Page 35640]]
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Replacement................................ 1 work-hour x $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.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2017-15-16 Empresa Brasileira de Aeronautica S.A. (Embraer):
Amendment 39-18976; FAA-2017-0250; Directorate Identifier 2016-NM-
158-AD.
(a) Effective Date
This AD is effective September 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
Modification 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, 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 the attention of the person identified in
paragraph (l)(2) of this AD. 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
approval must include the Designee's authorized signature.
[[Page 35641]]
(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 more information about this AD, contact Todd Thompson,
Aerospace Engineer, International Branch, ANM-116, FAA, 1601 Lind
Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425-
227-1149.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Embraer Service Bulletin 145-27-0115, Revision 03, dated
October 5, 2015.
(ii) Embraer Service Bulletin 145-27-0126, dated October 6,
2015.
(3) 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.
(4) 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.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on July 19, 2017.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-15807 Filed 7-31-17; 8:45 am]
BILLING CODE 4910-13-P