Airworthiness Directives; Embraer S.A. Airplanes, 24730-24732 [2019-11093]

Download as PDF 24730 Proposed Rules Federal Register Vol. 84, No. 103 Wednesday, May 29, 2019 [Docket No. FAA–2019–0325; Product Identifier 2019–NM–038–AD] For service information identified in this NPRM, contact Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170— Putim—12227–901 Sa˜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 Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. RIN 2120–AA64 Examining the AD Docket 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 TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 Airworthiness Directives; Embraer S.A. Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 170 airplanes; Model ERJ 190–100 STD, –100 LR, –100 ECJ, and –100 IGW airplanes; and Model ERJ 190–200 STD, –200 LR, and –200 IGW airplanes. This proposed AD was prompted by reports of the ram air turbine (RAT) compartment door seal peeling off and tangling up on the RAT rotor during flight test. This proposed AD would require a general visual inspection for peeling-off of the RAT compartment door seal, bonding if necessary, and the rework of the RAT compartment door seal attachment. We are proposing this AD to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by July 15, 2019. 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. khammond on DSKBBV9HB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 18:00 May 28, 2019 Jkt 247001 You may examine the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2019– 0325; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (phone: 800–647–5527) is listed above. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3221. 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– 2019–0325; Product Identifier 2019– NM–038–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM because of 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 NPRM. PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 Discussion The Ageˆncia Nacional de Aviac¸a˜o Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian AD 2019–02–02, dated February 28, 2019 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for certain Embraer S.A. Model ERJ 170 airplanes; Model ERJ 190–100 STD, –100 LR, –100 ECJ, and –100 IGW airplanes; and Model ERJ 190–200 STD, –200 LR, and –200 IGW airplanes. The MCAI states: It has been found the occurrence some events of the Ram Air Turbine (RAT) compartment door seal peeling off and tangling up on the RAT rotor during flight test. We are issuing this [Brazilian] AD to prevent the loss of the RAT function, which associated with an emergency electrical event, can result in the loss of airplane controllability. Required actions include an inspection for peeling-off condition, bonding as necessary, and rework of the RAT compartment door seal attachment. 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–2019– 0325. Related Service Information Under 1 CFR Part 51 Embraer S.A. has issued Service Bulletin SB170–53–0142, Revision 01, dated December 12, 2018; Service Bulletin SB190–53–0098, Revision 01, dated December 12, 2018; and Service Bulletin SB190LIN–53–0072, Revision 01, dated January 9, 2019. This service information describes procedures for rework of the RAT compartment door seal attachment, which includes installing fasteners around the RAT door seal attachment. These documents are distinct since they apply to different airplane models. 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 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 E:\FR\FM\29MYP1.SGM 29MYP1 24731 Federal Register / Vol. 84, No. 103 / Wednesday, May 29, 2019 / Proposed Rules of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop on other products of the same type design. the RAT compartment door seal attachment. Proposed Requirements of This NPRM Costs of Compliance This proposed AD would require a general visual inspection for peeling-off of the RAT compartment door seal, bonding if necessary, and the rework of We estimate that this proposed AD affects 570 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product Cost on U.S. operators 3 work-hours × $85 per hour = $255 .......................................................................................... $0 * $255 $145,350 * We have received no definitive data that would enable us to provide a parts cost estimate for the actions specified in this proposed AD. We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this proposed AD. khammond on DSKBBV9HB2PROD 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. This proposed AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes and associated appliances to the Director of the System Oversight Division. 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 18:00 May 28, 2019 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 adding the following new airworthiness directive (AD): ■ Embraer S.A.: Docket No. FAA–2019–0325; Product Identifier 2019–NM–038–AD. Regulatory Findings VerDate Sep<11>2014 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. Jkt 247001 (a) Comments Due Date We must receive comments by July 15, 2019. (b) Affected ADs None. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 (c) Applicability This AD applies to Embraer S.A. airplanes, identified in paragraphs (c)(1) through (c)(3) of this AD, certificated in any category. (1) Model ERJ 170–100 LR, –100 STD, –100 SE, and –100 SU airplanes; and Model ERJ 170–200 LR, –200 SU, –200 STD, and –200 LL airplanes, as identified in Embraer Service Bulletin SB170–53–0142, Revision 01, dated December 12, 2018. (2) Model ERJ 190–100 STD, –100 LR, and –100 IGW airplanes; and ERJ 190–200 STD, –200 LR, and –200 IGW airplanes, as identified in Embraer Service Bulletin SB190–53–0098, Revision 01, dated December 12, 2018. (3) Model ERJ 190–100 ECJ airplanes, as identified in Embraer Service Bulletin SB190LIN–53–0072, Revision 01, dated January 9, 2019. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Reason This AD was prompted by reports of the ram air turbine (RAT) compartment door seal peeling off and tangling up on the RAT rotor during flight test. We are issuing this AD to address the possible loss of the RAT function, which associated with an emergency electrical event, can result in the loss of airplane controllability. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspection and Rework (1) For airplanes identified in paragraphs (c)(1) and (c)(2) of this AD: Within 750 flight hours after the effective date of this AD, do a general visual inspection of the RAT compartment door seal for peeling-off condition (disbonding), do all applicable bonding, and rework the RAT compartment door seal attachment, in accordance with the Accomplishment Instructions of the service information identified in paragraph (c)(1) or (c)(2) of this AD, as applicable. Do all applicable bonding before further flight. (2) For airplanes identified in paragraph (c)(3) of this AD: Within 400 flight hours or 6 months after the effective date of this AD, whichever occurs first, do all applicable E:\FR\FM\29MYP1.SGM 29MYP1 24732 Federal Register / Vol. 84, No. 103 / Wednesday, May 29, 2019 / Proposed Rules bonding, and rework the RAT compartment door seal attachment, in accordance with the Accomplishment Instructions of the service information identified in paragraph (c)(3) of this AD, as applicable. Do all applicable bonding before further flight. khammond on DSKBBV9HB2PROD with PROPOSALS (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 Embraer Service Bulletin 170–53–0142, dated December 8, 2017; Embraer Service Bulletin 190–53–0098, dated December 8, 2017; or Embraer Service Bulletin 190LIN–53–0072, dated December 15, 2017; as applicable. (i) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Branch, 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 Section, send it to the attention of the person identified in paragraph (j)(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 Section, Transport Standards Branch, FAA; or the Ageˆncia Nacional de Aviac ¸a˜o Civil (ANAC); or ANAC’s authorized Designee. If approved by the ANAC Designee, the approval must include the Designee’s authorized signature. (3) Required for Compliance (RC): Except as specified by paragraphs (g) and (i)(2) of this AD: For service information that contains steps that are labeled as RC, the provisions of paragraphs (i)(3)(i) and (i)(3)(ii) of this AD apply. (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or substep is labeled ‘‘RC Exempt,’’ then the RC requirement is removed from that step or substep. An AMOC is required for any deviations to RC steps, including substeps and identified figures. (ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition. (j) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Brazilian VerDate Sep<11>2014 18:00 May 28, 2019 Jkt 247001 AD 2019–02–02, dated February 28, 2019, 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–2019–0325. (2) For more information about this AD, contact Krista Greer, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206– 231–3221. (3) For service information identified in this AD, contact Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170—Putim—12227–901 Sa˜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 Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. Issued in Des Moines, Washington, on May 15, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–11093 Filed 5–28–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2019–0223] RIN 1625–AA08 Special Local Regulation; Zimovia Strait, Wrangell, AK Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to establish a permanent special local regulation to enable vessel movement restrictions for certain waters of the Zimovia Strait. This action is necessary to provide for the safety of life on these navigable waters near Wrangell Harbor during power boat races on July 4, 2019 and every subsequent year on July 4. This proposed rulemaking would prohibit persons and vessels from transiting through, mooring, or anchoring within the special local regulation race area unless authorized by the Captain of the Port Southeast Alaska or a designated representative. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before June 28, 2019. SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 You may submit comments identified by docket number USCG– 2019–0223 using the Federal eRulemaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. ADDRESSES: If you have questions about this proposed rulemaking, call or email LT Kristi Sloane, Sector Juneau, Waterways Management Division, Coast Guard: Telephone 907–463–2846, email D17SMB-Sector-Juneau-WWM@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis On January 16, 2019, the Wrangell Chamber of Commerce notified the Coast Guard that it will be conducting high speed boat races from 11 a.m. to 7 p.m. on July 4, 2019, as part of the Wrangell 4th of July Celebration. The boat races will be taking place approximately 100 yards off of the city dock in Wrangell, AK. The Captain of the Port Southeast Alaska (COTP) has determined that potential hazards associated with the high speed races is a safety concern for anyone within the zone. The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters within a race area before, during, and after the scheduled event. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231. III. Discussion of Proposed Rule The COTP proposes to establish a special local regulation from 11 a.m. to 7 p.m. on July 4, 2019, and every subsequent year on July 4th. The special local regulation would cover all navigable waters within the race area to include Wrangell Harbor entrance and an area extending Northwest along the shoreline approximately 1000 yards and Southwest approximately 500 yards. No vessel or person would be permitted to enter the special local regulation area without obtaining permission from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document. E:\FR\FM\29MYP1.SGM 29MYP1

Agencies

[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Proposed Rules]
[Pages 24730-24732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11093]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 84, No. 103 / Wednesday, May 29, 2019 / 
Proposed Rules

[[Page 24730]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0325; Product Identifier 2019-NM-038-AD]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Embraer S.A. Model ERJ 170 airplanes; Model ERJ 190-100 STD, -
100 LR, -100 ECJ, and -100 IGW airplanes; and Model ERJ 190-200 STD, -
200 LR, and -200 IGW airplanes. This proposed AD was prompted by 
reports of the ram air turbine (RAT) compartment door seal peeling off 
and tangling up on the RAT rotor during flight test. This proposed AD 
would require a general visual inspection for peeling-off of the RAT 
compartment door seal, bonding if necessary, and the rework of the RAT 
compartment door seal attachment. We are proposing this AD to address 
the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 15, 2019.

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 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 [email protected]; internet https://www.flyembraer.com. You 
may view this service information at the FAA, Transport Standards 
Branch, 2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195.

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-2019-
0325; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3221.

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-2019-0325; 
Product Identifier 2019-NM-038-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM because 
of 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 NPRM.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian AD 
2019-02-02, dated February 28, 2019 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Embraer S.A. Model ERJ 170 
airplanes; Model ERJ 190-100 STD, -100 LR, -100 ECJ, and -100 IGW 
airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. 
The MCAI states:

    It has been found the occurrence some events of the Ram Air 
Turbine (RAT) compartment door seal peeling off and tangling up on 
the RAT rotor during flight test. We are issuing this [Brazilian] AD 
to prevent the loss of the RAT function, which associated with an 
emergency electrical event, can result in the loss of airplane 
controllability.

    Required actions include an inspection for peeling-off condition, 
bonding as necessary, and rework of the RAT compartment door seal 
attachment. 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-2019-0325.

Related Service Information Under 1 CFR Part 51

    Embraer S.A. has issued Service Bulletin SB170-53-0142, Revision 
01, dated December 12, 2018; Service Bulletin SB190-53-0098, Revision 
01, dated December 12, 2018; and Service Bulletin SB190LIN-53-0072, 
Revision 01, dated January 9, 2019. This service information describes 
procedures for rework of the RAT compartment door seal attachment, 
which includes installing fasteners around the RAT door seal 
attachment. These documents are distinct since they apply to different 
airplane models.
    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

    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

[[Page 24731]]

of the unsafe condition described in the MCAI and service information 
referenced above. We are proposing this AD because we evaluated all the 
relevant information and determined the unsafe condition described 
previously is likely to exist or develop on other products of the same 
type design.

Proposed Requirements of This NPRM

    This proposed AD would require a general visual inspection for 
peeling-off of the RAT compartment door seal, bonding if necessary, and 
the rework of the RAT compartment door seal attachment.

Costs of Compliance

    We estimate that this proposed AD affects 570 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................            $0 *             $255         $145,350
----------------------------------------------------------------------------------------------------------------
* We have received no definitive data that would enable us to provide a parts cost estimate for the actions
  specified in this proposed AD.

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more 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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes and associated appliances to the 
Director of the System Oversight Division.

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):

Embraer S.A.: Docket No. FAA-2019-0325; Product Identifier 2019-NM-
038-AD.

(a) Comments Due Date

    We must receive comments by July 15, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. airplanes, identified in 
paragraphs (c)(1) through (c)(3) of this AD, certificated in any 
category.
    (1) Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU 
airplanes; and Model ERJ 170-200 LR, -200 SU, -200 STD, and -200 LL 
airplanes, as identified in Embraer Service Bulletin SB170-53-0142, 
Revision 01, dated December 12, 2018.
    (2) Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; and 
ERJ 190-200 STD, -200 LR, and -200 IGW airplanes, as identified in 
Embraer Service Bulletin SB190-53-0098, Revision 01, dated December 
12, 2018.
    (3) Model ERJ 190-100 ECJ airplanes, as identified in Embraer 
Service Bulletin SB190LIN-53-0072, Revision 01, dated January 9, 
2019.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by reports of the ram air turbine (RAT) 
compartment door seal peeling off and tangling up on the RAT rotor 
during flight test. We are issuing this AD to address the possible 
loss of the RAT function, which associated with an emergency 
electrical event, can result in the loss of airplane 
controllability.

(f) Compliance

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

(g) Inspection and Rework

    (1) For airplanes identified in paragraphs (c)(1) and (c)(2) of 
this AD: Within 750 flight hours after the effective date of this 
AD, do a general visual inspection of the RAT compartment door seal 
for peeling-off condition (disbonding), do all applicable bonding, 
and rework the RAT compartment door seal attachment, in accordance 
with the Accomplishment Instructions of the service information 
identified in paragraph (c)(1) or (c)(2) of this AD, as applicable. 
Do all applicable bonding before further flight.
    (2) For airplanes identified in paragraph (c)(3) of this AD: 
Within 400 flight hours or 6 months after the effective date of this 
AD, whichever occurs first, do all applicable

[[Page 24732]]

bonding, and rework the RAT compartment door seal attachment, in 
accordance with the Accomplishment Instructions of the service 
information identified in paragraph (c)(3) of this AD, as 
applicable. Do all applicable bonding before further flight.

(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 Embraer Service Bulletin 170-53-0142, dated 
December 8, 2017; Embraer Service Bulletin 190-53-0098, dated 
December 8, 2017; or Embraer Service Bulletin 190LIN-53-0072, dated 
December 15, 2017; as applicable.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, 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 Section, send it to the attention of 
the person identified in paragraph (j)(2) of this AD. Information 
may be emailed to: [email protected]. 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 
Section, Transport Standards Branch, 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.
    (3) Required for Compliance (RC): Except as specified by 
paragraphs (g) and (i)(2) of this AD: For service information that 
contains steps that are labeled as RC, the provisions of paragraphs 
(i)(3)(i) and (i)(3)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

 (j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian AD 2019-02-02, dated February 28, 2019, 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-2019-0325.
    (2) For more information about this AD, contact Krista Greer, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3221.
    (3) 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 [email protected]; internet https://www.flyembraer.com. You may view this service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195.

    Issued in Des Moines, Washington, on May 15, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-11093 Filed 5-28-19; 8:45 am]
 BILLING CODE 4910-13-P
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