```

[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Proposed Rules]
[Pages 11013-11016]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04256]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0059; Directorate Identifier 2013-NM-075-AD]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2012-07-
08, for all Embraer S.A. Model ERJ 170 airplanes. AD 2012-07-08 
currently requires revising the Airworthiness Limitations Section (ALS) 
of the Instructions for Continued Airworthiness (ICA) to incorporate 
new structural inspection requirements. Since we issued AD 2012-07-08, 
we have determined that more restrictive maintenance requirements and 
airworthiness limitations are necessary. This proposed AD would require 
revising the maintenance or inspection program to incorporate new 
inspections. We are proposing this AD to detect and correct fatigue 
cracking of structural components, which could result in reduced 
structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by April 14, 2014.

ADDRESSES: You may send comments by any of the following methods:

[[Page 11014]]

     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro 
Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos Campos--SP--
BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12 
3927-7546; email distrib@embraer.com.br; Internet http://www.flyembraer.com. You may view this referenced service information at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
WA. For information on the availability of this material at the FAA, 
call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0059; or in person at the Docket Operations office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Operations office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Kathrine Rask, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-2180; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0059; 
Directorate Identifier 2013-NM-075-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On March 29, 2012, we issued AD 2012-07-08, Amendment 39-17014 (77 
FR 24342, April 24, 2012). AD 2012-07-08 requires actions intended to 
address an unsafe condition on all EMBRAER S.A. Model ERJ 170 
airplanes. (AD 2012-07-08 superseded AD 2010-11-13, Amendment 39-16318 
(75 FR 30284, June 1, 2010)).
    Since we issued AD 2012-07-08, Amendment 39-17014 (77 FR 24342, 
April 24, 2012), the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC), which is the aviation authority for Brazil, has issued 
Brazilian Airworthiness Directive 2012-10-01, effective October 29, 
2012 (referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    This [Brazilian] AD results from a new revision to the 
Airworthiness Limitations Section (ALS) of Embraer ERJ 170 
Maintenance Review Board Report (MRBR 1621), to include new or 
modification of the current tasks and its respective thresholds and 
intervals. Failure to inspect these structural components, according 
to the new or revised tasks, thresholds and intervals, could prevent 
a timely detection of fatigue cracking. These cracks, if not 
properly addressed, could adversely affect the structural integrity 
of the airplane.

The required action is revising the maintenance or inspection program 
to incorporate new structural inspection requirements. You may examine 
the MCAI in the AD docket on the Internet at http://regulations.gov by 
searching for and locating it in Docket No. FAA-2014-0059.

Relevant Service Information

    EMBRAER has issued Part 2--Airworthiness Limitation Inspection 
(ALI)--Structures, of Appendix A, Airworthiness Limitations of the 
EMBRAER 170 Maintenance Review Board MRB-1621, Revision 8, dated August 
20, 2012. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(k) of this proposed AD. The request should include a description of 
changes to the required inspections that will ensure the continued 
operational safety of the airplane.
    This proposed AD would retain only certain paragraphs from AD 2012-
07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012). Because all of 
the paragraphs in AD 2012-07-08 are not included in this proposed AD, 
the organization of the retained paragraphs was changed.

Costs of Compliance

    We estimate that this proposed AD affects 171 products of U.S. 
registry.
    The actions that are required by AD 2012-07-08, Amendment 39-17014 
(77 FR 24342, April 24, 2012), and retained in this proposed AD take 
about 1 work-hour per product, at an average labor rate of $85 per 
work-hour. Required parts cost about $0 per product. Based on these 
figures, the estimated cost of the actions that were required by AD 
2012-07-08 is $85 per product.
    We also estimate that it would take about 1 work-hour per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $0 per 
product. Based on these figures, we estimate the cost of this proposed 
AD on U.S. operators to be $14,535, or $85 per product.

[[Page 11015]]

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 removing Airworthiness Directive (AD) 
2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012), and 
adding the following new AD:

Embraer S.A.: Docket No. FAA-2014-0059; Directorate Identifier 2013-
NM-075-AD.

(a) Comments Due Date

    We must receive comments by April 14, 2014.

(b) Affected ADs

    This AD supersedes AD 2012-07-08, Amendment 39-17014 (77 FR 
24342, April 24, 2012).

(c) Applicability

    This AD applies to Embraer S.A. Model ERJ 170-100 LR, -100 STD, 
-100 SE., and -100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, 
and -200 STD airplanes; certificated in any category; all 
manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors; Code 
53, Fuselage; Code 54, Nacelles/Pylons; Code 55 Stabilizers; Code 
57, Wings; Code 71 Powerplant; and Code 78, Exhaust.

(e) Reason

    This AD was prompted by a determination that more restrictive 
maintenance requirements and airworthiness limitations are 
necessary. We are issuing this AD to detect and correct fatigue 
cracking of structural components, which could result in reduced 
structural integrity of the airplane.

(f) Compliance

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

(g) Retained Maintenance Program Revision

    This paragraph restates the action required by paragraph (i) of 
AD 2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012).
    (1) Within 60 days after May 29, 2012 (the effective date of AD 
2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012)): 
Revise the maintenance program to incorporate the new or revised 
tasks specified in Part 2--Airworthiness Limitation Inspection 
(ALI)--Structures, of Appendix A, Airworthiness Limitations, of the 
EMBRAER 170 MRBR, MRB-1621, Revision 7, dated November 11, 2010; and 
EMBRAER Temporary Revision (TR) 7-1, dated February 11, 2011, to 
Part 2--Airworthiness Limitation Inspection (ALI)--Structures, of 
Appendix A, Airworthiness Limitations, of the EMBRAER 170 MRBR, MRB-
1621, Revision 7; with the initial compliance times and intervals 
specified in these documents.
    (2) The initial compliance times for the tasks start from the 
date of issuance of the original Brazilian airworthiness certificate 
or the date of issuance of the original Brazilian export certificate 
of airworthiness of the applicable airplane at the applicable time 
specified in the tasks, or within 600 flight cycles after revising 
the maintenance program, whichever occurs later. For certain tasks, 
the compliance times depend on the pre-modification and post-
modification status of the actions specified in the associated 
service bulletin, as specified in the ``Applicability'' column of 
Part 2--Airworthiness Limitation Inspection (ALI)--Structures, of 
Appendix A, Airworthiness Limitations, of the EMBRAER 170 MRBR, MRB-
1621, Revision 7, dated November 11, 2010; and EMBRAER Temporary 
Revision 7-1, dated February 11, 2011, to Part 2--Airworthiness 
Limitation Inspection (ALI)--Structures, of Appendix A, 
Airworthiness Limitations of the EMBRAER 170 MRBR, MRB-1621, 
Revision 7.

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

    This paragraph restates the actions required by paragraph (j) of 
AD 2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012). 
After accomplishing the revision required by paragraph (g) of this 
AD, no alternative actions (e.g., inspections), intervals, and/or 
CDCCLs may be used other than those specified in Part 2--
Airworthiness Limitation Inspection (ALI)--Structures, of Appendix 
A, Airworthiness Limitations, of the EMBRAER 170 MRBR, MRB-1621, 
Revision 7, dated November 11, 2010; and EMBRAER Temporary Revision 
7-1, dated February 11, 2011, to Part 2--Airworthiness Limitation 
Inspection (ALI)--Structures, of Appendix A, Airworthiness 
Limitations of the EMBRAER 170 MRBR, MRB-1621, Revision 7; unless 
the actions or intervals are approved as an alternative method of 
compliance (AMOC), in accordance with the procedures specified in 
paragraph (k)(1) of this AD, except as required by paragraph (i) of 
this AD.

(i) New Revision of Maintenance or Inspection Program

    Within 60 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Part 2--Airworthiness Limitation Inspection 
(ALI)--Structures, of Appendix A, Airworthiness Limitations of the 
EMBRAER 170 Maintenance Review Board Report, MRB-1621, Revision 8, 
dated August 20, 2012. The initial compliance times for the tasks 
are at the applicable times specified in Part 2--Airworthiness 
Limitation Inspection (ALI)--Structures, of Appendix A, 
Airworthiness Limitations of the EMBRAER 170 Maintenance Review 
Board Report, MRB-1621, Revision 8, dated August 20, 2012, or within 
60 days after the effective date of this AD, whichever occurs later. 
Accomplishing the requirements of this paragraph terminates the 
requirements of paragraph (g) of this AD.

(j) No Alternative Actions or Intervals

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

[[Page 11016]]

(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: Kathrine 
Rask, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-2180; fax 425-227-1149. 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. The 
AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer, use these actions if they 
are FAA-approved. Corrective actions are considered FAA-approved if 
they were approved by the State of Design Authority (or its 
delegated agent, or the Design Approval Holder with a State of 
Design Authority's design organization approval), as applicable. You 
are required to ensure the product is airworthy before it is 
returned to service.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
Brazilian Airworthiness Directive 2012-10-01, effective October 29, 
2012, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2014-0059.
    (2) For service information identified in this AD, contact 
Embraer S.A., Technical Publications Section (PC 060), Av. 
Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos 
Campos--SP--BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732; 
fax +55 12 3927-7546; email distrib@embraer.com.br; Internet http://www.flyembraer.com. You may 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 February 14, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-04256 Filed 2-26-14; 8:45 am]
BILLING CODE 4910-13-P
```